Indiana 2023 Regular Session

Indiana House Bill HB1333 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1333
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 36-4-3.
7	7	Synopsis: Annexation remonstrance signature requirements. Provides
8	8	that an annexation is void (except for an annexation of land located
9	9	within an economic development project site) if a remonstrance
10	10	petition is signed by: (1) at least 51% (instead of 65%) of the
11	11	landowners in the annexation area; or (2) the owners of 60% (instead
12	12	of 80%) in assessed value of land in the annexation area.
13	13	Effective: July 1, 2023.
14	14	May, Hall
15	15	January 12, 2023, read first time and referred to Committee on Local Government.
16	16	2023 IN 1333—LS 6701/DI 87 Introduced
17	17	First Regular Session of the 123rd General Assembly (2023)
18	18	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
19	19	Constitution) is being amended, the text of the existing provision will appear in this style type,
20	20	additions will appear in this style type, and deletions will appear in this style type.
21	21	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
22	22	provision adopted), the text of the new provision will appear in this style type. Also, the
23	23	word NEW will appear in that style type in the introductory clause of each SECTION that adds
24	24	a new provision to the Indiana Code or the Indiana Constitution.
25	25	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
26	26	between statutes enacted by the 2022 Regular Session of the General Assembly.
27	27	HOUSE BILL No. 1333
28	28	A BILL FOR AN ACT to amend the Indiana Code concerning local
29	29	government.
30	30	Be it enacted by the General Assembly of the State of Indiana:
31	31	1 SECTION 1. IC 36-4-3-11, AS AMENDED BY P.L.206-2016,
32	32	2 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33	33	3 JULY 1, 2023]: Sec. 11. (a) This subsection applies only to an
34	34	4 annexation for which an annexation ordinance was adopted before July
35	35	5 1, 2015. Except as provided in section 5.1(i) of this chapter and
36	36	6 subsections (e) and (f), whenever territory is annexed by a municipality
37	37	7 under this chapter, the annexation may be appealed by filing with the
38	38	8 circuit or superior court of a county in which the annexed territory is
39	39	9 located a written remonstrance signed by:
40	40	10 (1) at least sixty-five percent (65%) of the owners of land in the
41	41	11 annexed territory; or
42	42	12 (2) the owners of more than seventy-five percent (75%) in
43	43	13 assessed valuation of the land in the annexed territory.
44	44	14 The remonstrance must be filed within ninety (90) days after the
45	45	15 publication of the annexation ordinance under section 7 of this chapter,
46	46	16 must be accompanied by a copy of that ordinance, and must state the
47	47	17 reason why the annexation should not take place.
48	48	2023 IN 1333—LS 6701/DI 87 2
49	49	1 (b) This subsection applies only to an annexation for which an
50	50	2 annexation ordinance was adopted before July 1, 2015. On receipt of
51	51	3 the remonstrance, the court shall determine whether the remonstrance
52	52	4 has the necessary signatures. In determining the total number of
53	53	5 landowners of the annexed territory and whether signers of the
54	54	6 remonstrance are landowners, the names appearing on the tax duplicate
55	55	7 for that territory constitute prima facie evidence of ownership. Only
56	56	8 one (1) person having an interest in each single property, as evidenced
57	57	9 by the tax duplicate, is considered a landowner for purposes of this
58	58	10 section.
59	59	11 (c) This subsection applies only to an annexation for which an
60	60	12 annexation ordinance was adopted before July 1, 2015. If the court
61	61	13 determines that the remonstrance is sufficient, the court shall fix a time,
62	62	14 within sixty (60) days after the court's determination, for a hearing on
63	63	15 the remonstrance. Notice of the proceedings, in the form of a summons,
64	64	16 shall be served on the annexing municipality. The municipality is the
65	65	17 defendant in the cause and shall appear and answer.
66	66	18 (d) (a) This subsection applies only to an annexation for which an
67	67	19 annexation ordinance was adopted after June 30, 2015. If the
68	68	20 requirements of section 11.3(c) or (after December 31, 2016) section
69	69	21 11.4 of this chapter are met, the annexation may be appealed by filing
70	70	22 with the circuit or superior court of a county in which the annexed
71	71	23 territory is located:
72	72	24 (1) the signed remonstrances filed with the county auditor;
73	73	25 (2) the county auditor's certification under section 11.2(i) of this
74	74	26 chapter;
75	75	27 (3) the annexation ordinance; and
76	76	28 (4) a statement of the reason why the annexation should not take
77	77	29 place.
78	78	30 The remonstrance must be filed with the court not later than fifteen
79	79	31 (15) business days after the date the county auditor files the certificate
80	80	32 with the legislative body under section 11.2(i) of this chapter. After a
81	81	33 remonstrance petition is filed with the court, any person who signed a
82	82	34 remonstrance may file with the court a verified, written revocation of
83	83	35 the person's opposition to the annexation.
84	84	36 (e) (b) If an annexation is initiated by property owners under section
85	85	37 5.1 of this chapter and all property owners within the area to be
86	86	38 annexed petition the municipality to be annexed, a remonstrance to the
87	87	39 annexation may not be filed under this section.
88	88	40 (f) This subsection applies only to an annexation for which an
89	89	41 annexation ordinance is adopted before July 1, 2015. This subsection
90	90	42 applies if:
91	91	2023 IN 1333—LS 6701/DI 87 3
92	92	1 (1) the territory to be annexed consists of not more than one
93	93	2 hundred (100) parcels; and
94	94	3 (2) eighty percent (80%) of the boundary of the territory proposed
95	95	4 to be annexed is contiguous to the municipality.
96	96	5 An annexation may be appealed by filing with the circuit or superior
97	97	6 court of a county in which the annexed territory is located a written
98	98	7 remonstrance signed by at least seventy-five percent (75%) of the
99	99	8 owners of land in the annexed territory as determined under subsection
100	100	9 (b).
101	101	10 SECTION 2. IC 36-4-3-11.3, AS ADDED BY P.L.228-2015,
102	102	11 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
103	103	12 JULY 1, 2023]: Sec. 11.3. (a) This section applies only to an
104	104	13 annexation ordinance adopted after June 30, 2015.
105	105	14 (b) An annexation ordinance is void if a written remonstrance
106	106	15 petition is signed by one (1) of the following:
107	107	16 (1) At least sixty-five percent (65%) fifty-one percent (51%) of
108	108	17 the owners of land in the annexed territory. An owner of land may
109	109	18 not:
110	110	19 (A) be counted in calculating the total number of owners of
111	111	20 land in the annexation territory; or
112	112	21 (B) have the owner's signature counted on a remonstrance;
113	113	22 with regard to any single property that an owner has an interest in
114	114	23 that was exempt from property taxes under IC 6-1.1-10 or any
115	115	24 other state law for the immediately preceding year.
116	116	25 (2) The owners of at least eighty percent (80%) sixty percent
117	117	26 (60%) in assessed valuation of the land in the annexed territory.
118	118	27 Land that was exempt from property taxes under IC 6-1.1-10 or
119	119	28 any other state law for the immediately preceding year may not be
120	120	29 included in calculating the total assessed valuation of the land in
121	121	30 the annexation territory. The court may not count the owner's
122	122	31 signature on a remonstrance with regard to any single property
123	123	32 that the owner has an interest in that was exempt from property
124	124	33 taxes under IC 6-1.1-10 or any other state law for the immediately
125	125	34 preceding year.
126	126	35 (c) The annexation may be appealed to the court under section 11
127	127	36 of this chapter, if a written remonstrance is signed by one (1) of the
128	128	37 following:
129	129	38 (1) At least fifty-one percent (51%) but less than sixty-five
130	130	39 percent (65%) of the owners of land. An owner of land may not:
131	131	40 (A) be counted in calculating the total number of owners of
132	132	41 land in the annexation territory; or
133	133	42 (B) have the owner's signature counted on a remonstrance;
134	134	2023 IN 1333—LS 6701/DI 87 4
135	135	1 with regard to any single property that the owner has an interest
136	136	2 in that was exempt from property taxes under IC 6-1.1-10 or any
137	137	3 other state law for the immediately preceding year.
138	138	4 (2) The owners of at least sixty percent (60%) but less than eighty
139	139	5 percent (80%) in assessed valuation of land in the annexed
140	140	6 territory. Land that was exempt from property taxes under
141	141	7 IC 6-1.1-10 or any other state law for the immediately preceding
142	142	8 year may not be included in calculating the total assessed
143	143	9 valuation of the land in the annexation territory. The court may
144	144	10 not count an owner's signature on a remonstrance with regard to
145	145	11 any single property that the owner has an interest in that was
146	146	12 exempt from property taxes under IC 6-1.1-10 or any other state
147	147	13 law for the immediately preceding year.
148	148	14 SECTION 3. IC 36-4-3-11.4, AS ADDED BY P.L.228-2015,
149	149	15 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
150	150	16 JULY 1, 2023]: Sec. 11.4. (a) This section applies only to an
151	151	17 annexation that the meets all of the following requirements:
152	152	18 (1) The annexation ordinance is adopted after December 31,
153	153	19 2016.
154	154	20 (2) Notwithstanding the contiguity requirements of section 1.5 of
155	155	21 this chapter, at least one-tenth (1/10) of the aggregate external
156	156	22 boundaries of the territory sought to be annexed coincides with
157	157	23 the boundaries of:
158	158	24 (A) the municipality; and
159	159	25 (B) the site of an economic development project.
160	160	26 (b) As used in this section, "economic development project" means
161	161	27 any project developed by the municipality that meets all of the
162	162	28 following requirements:
163	163	29 (1) The annexing municipality determines that the project will:
164	164	30 (A) promote significant opportunities for the gainful
165	165	31 employment of its citizens;
166	166	32 (B) attract a major new business enterprise to the municipality;
167	167	33 or
168	168	34 (C) retain or expand a significant business enterprise within
169	169	35 the municipality.
170	170	36 (2) The project involves expenditures by the annexing
171	171	37 municipality for any of the following:
172	172	38 (A) Land acquisition, interests in land, site improvements,
173	173	39 infrastructure improvements, buildings, or structures.
174	174	40 (B) Rehabilitation, renovation, and enlargement of buildings
175	175	41 and structures.
176	176	42 (C) Machinery, equipment, furnishings, or facilities.
177	177	2023 IN 1333—LS 6701/DI 87 5
178	178	1 (D) Substance removal or remedial action.
179	179	2 (c) Notwithstanding section 11.3(b) 11.3 of this chapter, even if a
180	180	3 remonstrance has enough signatures to satisfy the requirements of
181	181	4 section 11.3(b) 11.3 of this chapter, the annexation ordinance is not
182	182	5 void and may be appealed to the court under section 11 of this chapter,
183	183	6 if all of the following requirements are met:
184	184	7 (1) The economic development project site needs the following
185	185	8 capital services that the municipality is lawfully able to provide:
186	186	9 (A) water;
187	187	10 (B) sewer;
188	188	11 (C) gas; or
189	189	12 (D) any combination of the capital services described in
190	190	13 clauses (A) through (C).
191	191	14 (2) The municipality finds that it is in the municipality's best
192	192	15 interest to annex the annexation territory in order to extend,
193	193	16 construct, or operate the capital services that are provided to the
194	194	17 economic development project site.
195	195	18 (3) Before the date the annexation ordinance is adopted, a
196	196	19 taxpayer whose business will occupy the economic development
197	197	20 project site has done at least one (1) of the following:
198	198	21 (A) Filed a statement of benefits under IC 6-1.1-12.1 with the
199	199	22 designating body for the annexing municipality for a deduction
200	200	23 or abatement.
201	201	24 (B) Entered into an agreement with the Indiana economic
202	202	25 development corporation for a credit under IC 6-3.1-13.
203	203	26 (d) If the economic development project:
204	204	27 (1) has not commenced within twelve (12) months after the date
205	205	28 the annexation ordinance is adopted; or
206	206	29 (2) is not completed within thirty-six (36) months after the date
207	207	30 the annexation ordinance is adopted;
208	208	31 the annexation territory is disannexed from the municipality and reverts
209	209	32 to the jurisdiction of the unit having jurisdiction before the annexation.
210	210	33 For purposes of this subsection, a an economic development project is
211	211	34 considered to have commenced on the day that the physical erection,
212	212	35 installation, alteration, repair, or remodeling of a building or structure
213	213	36 commences on the site of the economic development project.
214	214	37 SECTION 4. IC 36-4-3-13, AS AMENDED BY P.L.70-2022,
215	215	38 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
216	216	39 JULY 1, 2023]: Sec. 13. (a) Except as provided in subsection (e), at the
217	217	40 hearing under section 12 of this chapter, the court shall order a
218	218	41 proposed annexation to take place if the following requirements are
219	219	42 met:
220	220	2023 IN 1333—LS 6701/DI 87 6
221	221	1 (1) The requirements of either subsection (b) or (c).
222	222	2 (2) The requirements of subsection (d).
223	223	3 (3) The requirements of subsection (i).
224	224	4 (b) The requirements of this subsection are met if the evidence
225	225	5 establishes the following:
226	226	6 (1) That the territory sought to be annexed is contiguous to the
227	227	7 municipality.
228	228	8 (2) One (1) of the following:
229	229	9 (A) The resident population density of the territory sought to
230	230	10 be annexed is at least three (3) persons per acre.
231	231	11 (B) Sixty percent (60%) of the territory is subdivided.
232	232	12 (C) The territory is zoned for commercial, business, or
233	233	13 industrial uses.
234	234	14 (c) The requirements of this subsection are met if the evidence
235	235	15 establishes one (1) of the following:
236	236	16 (1) That the territory sought to be annexed is:
237	237	17 (A) contiguous to the municipality as required by section 1.5
238	238	18 of this chapter, except that at least one-fourth (1/4), instead of
239	239	19 one-eighth (1/8), of the aggregate external boundaries of the
240	240	20 territory sought to be annexed must coincide with the
241	241	21 boundaries of the municipality; and
242	242	22 (B) needed and can be used by the municipality for its
243	243	23 development in the reasonably near future.
244	244	24 (2) This subdivision applies only to an annexation for which an
245	245	25 annexation ordinance is adopted after December 31, 2016. That
246	246	26 the territory sought to be annexed involves an economic
247	247	27 development project and the requirements of section 11.4 of this
248	248	28 chapter are met.
249	249	29 (3) The territory is described in section 5.2 of this chapter.
250	250	30 (d) The requirements of this subsection are met if the evidence
251	251	31 establishes that the municipality has developed and adopted a written
252	252	32 fiscal plan and has established a definite policy, by resolution of the
253	253	33 legislative body as set forth in section 3.1 of this chapter. The fiscal
254	254	34 plan must show the following:
255	255	35 (1) The cost estimates of planned services to be furnished to the
256	256	36 territory to be annexed. The plan must present itemized estimated
257	257	37 costs for each municipal department or agency.
258	258	38 (2) The method or methods of financing the planned services. The
259	259	39 plan must explain how specific and detailed expenses will be
260	260	40 funded and must indicate the taxes, grants, and other funding to
261	261	41 be used.
262	262	42 (3) The plan for the organization and extension of services. The
263	263	2023 IN 1333—LS 6701/DI 87 7
264	264	1 plan must detail the specific services that will be provided and the
265	265	2 dates the services will begin.
266	266	3 (4) That planned services of a noncapital nature, including police
267	267	4 protection, fire protection, street and road maintenance, and other
268	268	5 noncapital services normally provided within the corporate
269	269	6 boundaries, will be provided to the annexed territory within one
270	270	7 (1) year after the effective date of annexation and that they will be
271	271	8 provided in a manner equivalent in standard and scope to those
272	272	9 noncapital services provided to areas within the corporate
273	273	10 boundaries regardless of similar topography, patterns of land use,
274	274	11 and population density.
275	275	12 (5) That services of a capital improvement nature, including street
276	276	13 construction, street lighting, sewer facilities, water facilities, and
277	277	14 storm water drainage facilities, will be provided to the annexed
278	278	15 territory within three (3) years after the effective date of the
279	279	16 annexation in the same manner as those services are provided to
280	280	17 areas within the corporate boundaries, regardless of similar
281	281	18 topography, patterns of land use, and population density, and in
282	282	19 a manner consistent with federal, state, and local laws,
283	283	20 procedures, and planning criteria.
284	284	21 (6) This subdivision applies to a fiscal plan prepared after June
285	285	22 30, 2015. The estimated effect of the proposed annexation on
286	286	23 taxpayers in each of the political subdivisions to which the
287	287	24 proposed annexation applies, including the expected tax rates, tax
288	288	25 levies, expenditure levels, service levels, and annual debt service
289	289	26 payments in those political subdivisions for four (4) years after
290	290	27 the effective date of the annexation.
291	291	28 (7) This subdivision applies to a fiscal plan prepared after June
292	292	29 30, 2015. The estimated effect the proposed annexation will have
293	293	30 on municipal finances, specifically how municipal tax revenues
294	294	31 will be affected by the annexation for four (4) years after the
295	295	32 effective date of the annexation.
296	296	33 (8) This subdivision applies to a fiscal plan prepared after June
297	297	34 30, 2015. Any estimated effects on political subdivisions in the
298	298	35 county that are not part of the annexation and on taxpayers
299	299	36 located in those political subdivisions for four (4) years after the
300	300	37 effective date of the annexation.
301	301	38 (9) This subdivision applies to a fiscal plan prepared after June
302	302	39 30, 2015. A list of all parcels of property in the annexation
303	303	40 territory and the following information regarding each parcel:
304	304	41 (A) The name of the owner of the parcel.
305	305	42 (B) The parcel identification number.
306	306	2023 IN 1333—LS 6701/DI 87 8
307	307	1 (C) The most recent assessed value of the parcel.
308	308	2 (D) The existence of a known waiver of the right to
309	309	3 remonstrate on the parcel. This clause applies only to a fiscal
310	310	4 plan prepared after June 30, 2016.
311	311	5 (e) At the hearing under section 12 of this chapter, the court shall do
312	312	6 the following:
313	313	7 (1) Consider evidence on the conditions listed in subdivision (2).
314	314	8 (2) Order a proposed annexation not to take place if the court
315	315	9 finds that all of the following conditions that are applicable to the
316	316	10 annexation exist in the territory proposed to be annexed:
317	317	11 (A) This clause applies only to an annexation for which an
318	318	12 annexation ordinance was adopted before July 1, 2015. The
319	319	13 following services are adequately furnished by a provider
320	320	14 other than the municipality seeking the annexation:
321	321	15 (i) Police and fire protection.
322	322	16 (ii) Street and road maintenance.
323	323	17 (B) (A) The annexation will have a significant financial impact
324	324	18 on the residents or owners of land. The court may not
325	325	19 consider:
326	326	20 (i) the personal finances; or
327	327	21 (ii) the business finances;
328	328	22 of a resident or owner of land. The personal and business
329	329	23 financial records of the residents or owners of land, including
330	330	24 state, federal, and local income tax returns, may not be subject
331	331	25 to a subpoena or discovery proceedings.
332	332	26 (C) (B) The annexation is not in the best interests of the
333	333	27 owners of land in the territory proposed to be annexed as set
334	334	28 forth in subsection (f).
335	335	29 (D) This clause applies only to an annexation for which an
336	336	30 annexation ordinance is adopted before July 1, 2015. One (1)
337	337	31 of the following opposes the annexation:
338	338	32 (i) At least sixty-five percent (65%) of the owners of land in
339	339	33 the territory proposed to be annexed.
340	340	34 (ii) The owners of more than seventy-five percent (75%) in
341	341	35 assessed valuation of the land in the territory proposed to be
342	342	36 annexed.
343	343	37 Evidence of opposition may be expressed by any owner of land
344	344	38 in the territory proposed to be annexed.
345	345	39 (E) (C) This clause applies only to an annexation for which an
346	346	40 annexation ordinance is adopted after June 30, 2015. One (1)
347	347	41 of the following opposes the annexation:
348	348	42 (i) At least fifty-one percent (51%) of the owners of land in
349	349	2023 IN 1333—LS 6701/DI 87 9
350	350	1 the territory proposed to be annexed.
351	351	2 (ii) The owners of more than sixty percent (60%) in assessed
352	352	3 valuation of the land in the territory proposed to be annexed.
353	353	4 The remonstrance petitions filed with the court under section
354	354	5 11 of this chapter are evidence of the number of owners of
355	355	6 land that oppose the annexation, minus any written revocations
356	356	7 of remonstrances that are filed with the court under section 11
357	357	8 of this chapter.
358	358	9 (F) This clause applies only to an annexation for which an
359	359	10 annexation ordinance is adopted before July 1, 2015. This
360	360	11 clause applies only to an annexation in which eighty percent
361	361	12 (80%) of the boundary of the territory proposed to be annexed
362	362	13 is contiguous to the municipality and the territory consists of
363	363	14 not more than one hundred (100) parcels. At least seventy-five
364	364	15 percent (75%) of the owners of land in the territory proposed
365	365	16 to be annexed oppose the annexation as determined under
366	366	17 section 11(b) of this chapter.
367	367	18 (f) The municipality under subsection (e)(2)(C) (e)(2)(B) bears the
368	368	19 burden of proving that the annexation is in the best interests of the
369	369	20 owners of land in the territory proposed to be annexed. In determining
370	370	21 this issue, the court may consider whether the municipality has
371	371	22 extended sewer or water services to the entire territory to be annexed:
372	372	23 (1) within the three (3) years preceding the date of the
373	373	24 introduction of the annexation ordinance; or
374	374	25 (2) under a contract in lieu of annexation entered into under
375	375	26 IC 36-4-3-21. section 21 of this chapter.
376	376	27 The court may not consider the provision of water services as a result
377	377	28 of an order by the Indiana utility regulatory commission to constitute
378	378	29 the provision of water services to the territory to be annexed.
379	379	30 (g) The most recent:
380	380	31 (1) federal decennial census;
381	381	32 (2) federal special census;
382	382	33 (3) special tabulation; or
383	383	34 (4) corrected population count;
384	384	35 shall be used as evidence of resident population density for purposes
385	385	36 of subsection (b)(2)(A), but this evidence may be rebutted by other
386	386	37 evidence of population density.
387	387	38 (h) A municipality that prepares a fiscal plan after June 30, 2015,
388	388	39 must comply with this subsection. A municipality may not amend the
389	389	40 fiscal plan after the date that a remonstrance is filed with the court
390	390	41 under section 11 of this chapter, unless amendment of the fiscal plan
391	391	42 is consented to by at least sixty-five percent (65%) of the persons who
392	392	2023 IN 1333—LS 6701/DI 87 10
393	393	1 signed the remonstrance petition.
394	394	2 (i) The municipality must submit proof that the municipality has
395	395	3 complied with:
396	396	4 (1) the outreach program requirements and notice requirements
397	397	5 of section 1.7 of this chapter; and
398	398	6 (2) the requirements of section 11.1 of this chapter;
399	399	7 not later than sixty (60) days after publication of the annexation
400	400	8 ordinance.
401	401	9 SECTION 5. IC 36-4-3-15, AS AMENDED BY P.L.228-2015,
402	402	10 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
403	403	11 JULY 1, 2023]: Sec. 15. (a) The court's judgment under section 12 or
404	404	12 15.5 of this chapter must specify the annexation ordinance on which
405	405	13 the remonstrance is based. The clerk of the court shall deliver a
406	406	14 certified copy of the final and unappealable judgment to the clerk of the
407	407	15 municipality. The clerk of the municipality shall:
408	408	16 (1) record the judgment in the clerk's ordinance record; and
409	409	17 (2) make a cross-reference to the record of the judgment on the
410	410	18 margin of the record of the annexation ordinance.
411	411	19 (b) If a final and unappealable judgment under section 12 or 15.5 of
412	412	20 this chapter is adverse to annexation, the municipality may not make
413	413	21 further attempts to annex the territory or any part of the territory during
414	414	22 the four (4) years after the later of:
415	415	23 (1) the judgment of the circuit or superior court; or
416	416	24 (2) the date of the final disposition of all appeals to a higher court;
417	417	25 unless the annexation is petitioned for under section 5 or 5.1 of this
418	418	26 chapter.
419	419	27 (c) This subsection applies if a municipality repeals the annexation
420	420	28 ordinance:
421	421	29 (1) less than sixty-one (61) days after the publication of the
422	422	30 ordinance under section 7(a) of this chapter; and
423	423	31 (2) before the hearing commences on the remonstrance under
424	424	32 section 11(c) 11 of this chapter.
425	425	33 A municipality may not make further attempts to annex the territory or
426	426	34 any part of the territory during the twelve (12) months after the date the
427	427	35 municipality repeals the annexation ordinance. This subsection does
428	428	36 not prohibit an annexation of the territory or part of the territory that is
429	429	37 petitioned for under section 5 or 5.1 of this chapter.
430	430	38 (d) This subsection applies if a municipality repeals the annexation
431	431	39 ordinance:
432	432	40 (1) at least sixty-one (61) days but not more than one hundred
433	433	41 twenty (120) days after the publication of the ordinance under
434	434	42 section 7(a) of this chapter; and
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436	436	1 (2) before the hearing commences on the remonstrance under
437	437	2 section 11(c) 11 of this chapter.
438	438	3 A municipality may not make further attempts to annex the territory or
439	439	4 any part of the territory during the twenty-four (24) months after the
440	440	5 date the municipality repeals the annexation ordinance. This subsection
441	441	6 does not prohibit an annexation of the territory or part of the territory
442	442	7 that is petitioned for under section 5 or 5.1 of this chapter.
443	443	8 (e) This subsection applies if a municipality repeals the annexation
444	444	9 ordinance:
445	445	10 (1) either:
446	446	11 (A) at least one hundred twenty-one (121) days after
447	447	12 publication of the ordinance under section 7(a) of this chapter
448	448	13 but before the hearing commences on the remonstrance under
449	449	14 section 11(c) 11 of this chapter; or
450	450	15 (B) after the hearing commences on the remonstrance as set
451	451	16 forth in section 11(c) 11 of this chapter; and
452	452	17 (2) before the date of the judgment of the circuit or superior court
453	453	18 as set forth in subsection (b).
454	454	19 A municipality may not make further attempts to annex the territory or
455	455	20 any part of the territory during the forty-two (42) months after the date
456	456	21 the municipality repeals the annexation ordinance. This subsection
457	457	22 does not prohibit an annexation of the territory or part of the territory
458	458	23 that is petitioned for under section 5 or 5.1 of this chapter.
459	459	24 (f) An annexation is effective when the clerk of the municipality
460	460	25 complies with the filing requirement of section 22(a) of this chapter.
461	461	26 SECTION 6. IC 36-4-3-22, AS AMENDED BY P.L.38-2021,
462	462	27 SECTION 84, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
463	463	28 JULY 1, 2023]: Sec. 22. (a) The clerk of the municipality shall file:
464	464	29 (1) each annexation ordinance against which:
465	465	30 (A) a remonstrance or an appeal has not been filed during the
466	466	31 period permitted under this chapter; or
467	467	32 (B) a remonstrance was filed without a sufficient number of
468	468	33 signatures to meet the requirements of section 11.3(c) 11.3 of
469	469	34 this chapter; in the case of an annexation for which an
470	470	35 annexation ordinance was adopted after June 30, 2015; or
471	471	36 (2) the certified copy of a final and unappealable judgment
472	472	37 ordering an annexation to take place;
473	473	38 with the county auditor, circuit court clerk, and board of registration (if
474	474	39 a board of registration exists) of each county in which the annexed
475	475	40 territory is located, the office of the secretary of state, and the office of
476	476	41 census data established by IC 2-5-1.1-12.2. The clerk of the
477	477	42 municipality shall record each annexation ordinance adopted under this
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479	479	1 chapter in the office of the county recorder of each county in which the
480	480	2 annexed territory is located.
481	481	3 (b) The ordinance or judgment must be filed and recorded no later
482	482	4 than ninety (90) days after:
483	483	5 (1) the expiration of the period permitted for a remonstrance or
484	484	6 appeal;
485	485	7 (2) the delivery of a certified order under section 15 of this
486	486	8 chapter; or
487	487	9 (3) the date the county auditor files the written certification with
488	488	10 the legislative body under section 11.2 of this chapter, in the case
489	489	11 of an annexation described in subsection (a)(1)(B).
490	490	12 (c) Failure to record the annexation ordinance as provided in
491	491	13 subsection (a) does not invalidate the ordinance.
492	492	14 (d) The county auditor shall forward a copy of any annexation
493	493	15 ordinance filed under this section to the following:
494	494	16 (1) The county highway department of each county in which the
495	495	17 lots or lands affected are located.
496	496	18 (2) The county surveyor of each county in which the lots or lands
497	497	19 affected are located.
498	498	20 (3) Each plan commission, if any, that lost or gained jurisdiction
499	499	21 over the annexed territory.
500	500	22 (4) The sheriff of each county in which the lots or lands affected
501	501	23 are located.
502	502	24 (5) The township trustee of each township that lost or gained
503	503	25 jurisdiction over the annexed territory.
504	504	26 (6) The office of the secretary of state.
505	505	27 (7) The office of census data established by IC 2-5-1.1-12.2.
506	506	28 (8) The department of local government finance, not later than
507	507	29 August 1, in the manner described by the department.
508	508	30 (e) The county auditor may require the clerk of the municipality to
509	509	31 furnish an adequate number of copies of the annexation ordinance or
510	510	32 may charge the clerk a fee for photoreproduction of the ordinance. The
511	511	33 county auditor shall notify the office of the secretary of state and the
512	512	34 office of census data established by IC 2-5-1.1-12.2 of the date that the
513	513	35 annexation ordinance is effective under this chapter.
514	514	36 (f) The county auditor or county surveyor shall, upon determining
515	515	37 that an annexation ordinance has become effective under this chapter,
516	516	38 indicate the annexation upon the property taxation records maintained
517	517	39 in the office of the auditor or the office of the county surveyor.
518	518	2023 IN 1333—LS 6701/DI 87