Indiana 2023 Regular Session

Indiana Senate Bill SB0219 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~SB0219.1~~
2		-	~~January 24, 2023~~
	1	+
	2	+	Introduced Version
3	3		SENATE BILL No. 219
4	4		_____
5		-	DIGEST OF ~~SB 219 (Updated January 19, 2023 12:29 pm - 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.
7	7		Synopsis: Annexation. With certain exceptions, requires a
8	8		municipality that initiates an annexation to file with the court an
9	9		annexation petition approved by the signatures of: (1) at least 51% of
10	10		the owners of non-tax exempt land in the annexation territory; or (2)
11	11		the owners of at least 75% in assessed valuation of non-tax exempt
12	12		land in the annexation territory. Requires the court to hold a hearing if
13	13		the petition has enough signatures. Adds provisions for determining the
14	14		validity of signatures. Eliminates the following: (1) Remonstrances and
15	15		remonstrance waivers. (2) Reimbursement of remonstrator's attorney's
16	16		fees and costs. (3) Adoption of a fiscal plan for annexations requested
17	17		by 100% of landowners in the annexation territory. (4) Settlement
18	18		agreements in lieu of annexation. (5) Provisions regarding contiguity
19	19		of a public highway.
20	20		Effective: Upon passage.
21		-	Buck~~, Niemeyer~~
	21	+	Buck
22	22		January 10, 2023, read first time and referred to Committee on Local Government.
23		-	January 23, 2023, reported favorably — Do Pass.
24		-	SB 219—LS 6858/DI 87 January 24, 2023
	23	+	2023 IN 219—LS 6858/DI 87 Introduced
25	24		First Regular Session of the 123rd General Assembly (2023)
26	25		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
27	26		Constitution) is being amended, the text of the existing provision will appear in this style type,
28	27		additions will appear in this style type, and deletions will appear in this style type.
29	28		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
30	29		provision adopted), the text of the new provision will appear in this style type. Also, the
31	30		word NEW will appear in that style type in the introductory clause of each SECTION that adds
32	31		a new provision to the Indiana Code or the Indiana Constitution.
33	32		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
34	33		between statutes enacted by the 2022 Regular Session of the General Assembly.
35	34		SENATE BILL No. 219
36	35		A BILL FOR AN ACT to amend the Indiana Code concerning local
37	36		government.
38	37		Be it enacted by the General Assembly of the State of Indiana:
39	38		1 SECTION 1. IC 13-18-15-2, AS AMENDED BY P.L.257-2019,
40	39		2 SECTION 83, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41	40		3 UPON PASSAGE]: Sec. 2. (a) The persons involved shall negotiate the
42	41		4 terms for connection and service under this chapter.
43	42		5 (b) If service is ordered under this chapter, a receiver of that service
44	43		6 that is located in an unincorporated area may grant a waiver to a
45	44		7 municipality providing the service. A waiver under this section:
46	45		8 (1) must waive the receiver's right of remonstrance against
47	46		9 annexation of the areas in which the service is to be provided; and
48	47		10 (2) may be one (1) of the terms for connection and service
49	48		11 described in subsection (a).
50	49		12 (c) The waiver, if granted:
51	50		13 (1) shall be noted on the deed of each property affected and
52	51		14 recorded as provided by law; and
53	52		15 (2) is considered a covenant running with the land.
54	53		16 (d) This subsection applies to any deed recorded after June 30,
55	54		17 2015. This subsection applies only to property that is subject to a
56		-	SB 219—LS 6858/DI 87 2
	55	+	2023 IN 219—LS 6858/DI 87 2
57	56		1 remonstrance waiver. A municipality shall, within a reasonable time
58	57		2 after the recording of a deed to property located within the
59	58		3 municipality, provide written notice to the property owner that a waiver
60	59		4 of the right of remonstrance exists with respect to the property.
61	60		5 (e) A remonstrance waiver executed before July 1, 2003, is void.
62	61		6 This subsection does not invalidate an annexation that was effective on
63	62		7 or before July 1, 2019.
64	63		8 (f) A remonstrance waiver executed after June 30, 2003, and before
65	64		9 July 1, 2019, is subject to the following:
66	65		10 (1) The waiver is void unless the waiver was recorded (A) before
67	66		11 January 1, 2020, and (B) with the county recorder of the county
68	67		12 where the property subject to the waiver is located.
69	68		13 (2) A waiver that is not void under subdivision (1) or subsection
70	69		14 (h) expires not later than fifteen (15) years after the date the
71	70		15 waiver is executed.
72	71		16 This subsection does not invalidate an annexation that was effective on
73	72		17 or before July 1, 2019.
74	73		18 (g) A remonstrance waiver executed after June 30, 2019, is subject
75	74		19 to the following: (1) The waiver is void unless the waiver is must be
76	75		20 recorded (A) not later than thirty (30) business days after the date the
77	76		21 waiver was executed and (B) with the county recorder of the county
78	77		22 where the property subject to the waiver is located. (2) A waiver that
79	78		23 is not void under subdivision (1) expires not later than fifteen (15)
80	79		24 years after the date the waiver is executed. This subsection does not
81	80		25 invalidate an annexation that was effective on or before July 1, 2019.
82	81		26 (h) Notwithstanding any other law, a waiver of the right of
83	82		27 remonstrance is valid and binding on a landowner or a successor
84	83		28 in title only with regard to an annexation for which the annexation
85	84		29 ordinance was adopted before May 15, 2023.
86	85		30 SECTION 2. IC 36-4-3-1.5, AS AMENDED BY P.L.206-2016,
87	86		31 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
88	87		32 UPON PASSAGE]: Sec. 1.5. (a) For purposes of this chapter, territory
89	88		33 sought to be annexed may be considered "contiguous" only if at least
90	89		34 one-eighth (1/8) of the aggregate external boundaries of the territory
91	90		35 coincides with the boundaries of the annexing municipality. In
92	91		36 determining if a territory is contiguous, a strip of land less than one
93	92		37 hundred fifty (150) feet wide that connects the annexing municipality
94	93		38 to the territory is not considered a part of the boundaries of either the
95	94		39 municipality or the territory.
96	95		40 (b) This subsection applies to an annexation for which an
97	96		41 annexation ordinance is adopted after June 30, 2015, and before May
98	97		42 15, 2023. A public highway or the rights-of-way of a public highway
99		-	SB 219—LS 6858/DI 87 3
	98	+	2023 IN 219—LS 6858/DI 87 3
100	99		1 are contiguous to:
101	100		2 (1) the municipality; or
102	101		3 (2) property in the unincorporated area adjacent to the public
103	102		4 highway or rights-of-way of a public highway;
104	103		5 if the public highway or the rights-of-way of a public highway are
105	104		6 contiguous under subsection (a) and one (1) of the requirements in
106	105		7 subsection (c) is satisfied.
107	106		8 (c) This subsection applies to an annexation for which an
108	107		9 annexation ordinance is adopted after June 30, 2015, and before
109	108		10 May 15, 2023. A public highway or the rights-of-way of a public
110	109		11 highway are not contiguous unless one (1) of the following
111	110		12 requirements is met:
112	111		13 (1) The municipality obtains the written consent of the owners of
113	112		14 all property:
114	113		15 (A) adjacent to the entire length of the part of the public
115	114		16 highway and rights-of-way of the public highway that is being
116	115		17 annexed; and
117	116		18 (B) not already within the corporate boundaries of the
118	117		19 municipality.
119	118		20 A waiver of the right of remonstrance executed by a property
120	119		21 owner or a successor in title of the property owner for sewer
121	120		22 services or water services does not constitute written consent for
122	121		23 purposes of this subdivision.
123	122		24 (2) All property adjacent to at least one (1) side of the entire
124	123		25 length of the part of the public highway or rights-of-way of the
125	124		26 public highway being annexed is already within the corporate
126	125		27 boundaries of the municipality.
127	126		28 (3) All property adjacent to at least one (1) side of the entire
128	127		29 length of the part of the public highway or rights-of-way of the
129	128		30 public highway being annexed is part of the same annexation
130	129		31 ordinance in which the public highway or rights-of-way of a
131	130		32 public highway are being annexed.
132	131		33 A municipality may not annex a public highway or the rights-of-way of
133	132		34 a public highway or annex territory adjacent to the public highway or
134	133		35 rights-of-way of a public highway unless the requirements of this
135	134		36 section are met.
136	135		37 SECTION 3. IC 36-4-3-1.7, AS AMENDED BY P.L.70-2022,
137	136		38 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
138	137		39 UPON PASSAGE]: Sec. 1.7. (a) This section applies only to an
139	138		40 annexation ordinance adopted after June 30, 2015. This section does
140	139		41 not apply to an annexation under section 5.1 of this chapter.
141	140		42 (b) Not earlier than six (6) months before a municipality introduces
142		-	SB 219—LS 6858/DI 87 4
	141	+	2023 IN 219—LS 6858/DI 87 4
143	142		1 an annexation ordinance, the municipality shall conduct an outreach
144	143		2 program to inform citizens regarding the proposed annexation. For an
145	144		3 annexation under section 3 or 4 of this chapter, the outreach program
146	145		4 must conduct at least six (6) public information meetings regarding the
147	146		5 proposed annexation. For an annexation under section 5 or 5.2 of this
148	147		6 chapter, the outreach program must conduct at least three (3) public
149	148		7 information meetings regarding the proposed annexation. The public
150	149		8 information meetings must provide citizens with the following
151	150		9 information:
152	151		10 (1) Maps showing the proposed boundaries of the annexation
153	152		11 territory.
154	153		12 (2) Proposed plans for extension of capital and noncapital
155	154		13 services in the annexation territory, including proposed dates of
156	155		14 extension. In the case of an annexation under section 5.2 of this
157	156		15 chapter, a copy of the preliminary written fiscal plan.
158	157		16 (3) Expected fiscal impact on taxpayers in the annexation
159	158		17 territory, including any increase in taxes and fees.
160	159		18 (c) The municipality shall provide notice of the dates, times, and
161	160		19 locations of the outreach program meetings. The municipality shall
162	161		20 publish the notice of the meetings under IC 5-3-1, including the date,
163	162		21 time, and location of the meetings, except that notice must be published
164	163		22 not later than thirty (30) days before the date of each meeting. The
165	164		23 municipality shall also send notice to each owner of land within the
166	165		24 annexation territory not later than thirty (30) days before the date of the
167	166		25 first meeting of the outreach program. The notice to landowners shall
168	167		26 be sent by first class mail, certified mail with return receipt requested,
169	168		27 or any other means of delivery that includes a return receipt and must
170	169		28 include the following information:
171	170		29 (1) The notice to the landowner must inform the landowner that
172	171		30 the municipality is proposing to annex territory that includes the
173	172		31 landowner's property.
174	173		32 (2) The municipality is conducting an outreach program for the
175	174		33 purpose of providing information to landowners and the public
176	175		34 regarding the proposed annexation.
177	176		35 (3) The date, time, and location of the meetings to be conducted
178	177		36 under the outreach program.
179	178		37 (d) The notice shall be sent to the address of the landowner as listed
180	179		38 on the tax duplicate. If the municipality provides evidence that the
181	180		39 notice was sent:
182	181		40 (1) by certified mail, with return receipt requested or any other
183	182		41 means of delivery that includes a return receipt; and
184	183		42 (2) in accordance with this section;
185		-	SB 219—LS 6858/DI 87 5
	184	+	2023 IN 219—LS 6858/DI 87 5
186	185		1 it is not necessary that the landowner accept receipt of the notice.
187	186		2 (e) This subsection applies only to an annexation for which an
188	187		3 annexation ordinance is adopted after June 30, 2015, and before
189	188		4 May 15, 2023. If a remonstrance is filed under section 11 of this
190	189		5 chapter, the municipality shall file with the court proof that notices
191	190		6 were sent to landowners under this section and proof of publication.
192	191		7 (e) (f) The notice required under this section is in addition to any
193	192		8 notice required under sections 2.1 and 2.2 of this chapter.
194	193		9 SECTION 4. IC 36-4-3-3.1, AS AMENDED BY P.L.70-2022,
195	194		10 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
196	195		11 UPON PASSAGE]: Sec. 3.1. (a) This section does not apply to an
197	196		12 annexation under:
198	197		13 (1) section 4(a)(2), 4(a)(3), 4(b), 4(h), or 4.1 of this chapter; or
199	198		14 (2) section 5.1 of this chapter, for which an annexation
200	199		15 ordinance is adopted after May 14, 2023.
201	200		16 (b) A municipality shall develop and adopt a written fiscal plan and
202	201		17 establish a definite policy by resolution of the legislative body that
203	202		18 meets the requirements set forth in section 13 of this chapter.
204	203		19 (c) Except as provided in subsection (d) and section 5.2 of this
205	204		20 chapter, the municipality shall establish and adopt the written fiscal
206	205		21 plan before mailing the notification to landowners in the territory
207	206		22 proposed to be annexed under section 2.2 of this chapter.
208	207		23 (d) In an annexation under section 5 or 5.1 5.5 of this chapter, the
209	208		24 municipality shall establish and adopt the written fiscal plan before
210	209		25 adopting the annexation ordinance.
211	210		26 SECTION 5. IC 36-4-3-5, AS AMENDED BY P.L.149-2016,
212	211		27 SECTION 96, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
213	212		28 UPON PASSAGE]: Sec. 5. (a) This subsection applies only to a
214	213		29 petition requesting annexation that is filed before July 1, 2015. If the
215	214		30 owners of land located outside of but contiguous to a municipality want
216	215		31 to have territory containing that land annexed to the municipality, they
217	216		32 may file with the legislative body of the municipality a petition:
218	217		33 (1) signed by at least:
219	218		34 (A) fifty-one percent (51%) of the owners of land in the
220	219		35 territory sought to be annexed; or
221	220		36 (B) the owners of seventy-five percent (75%) of the total
222	221		37 assessed value of the land for property tax purposes; and
223	222		38 (2) requesting an ordinance annexing the area described in the
224	223		39 petition.
225	224		40 (b) This subsection applies only to a petition requesting annexation
226	225		that is filed after June 30, 2015. 41 A municipality may not collect
227	226		42 signatures on an annexation petition that is filed with the legislative
228		-	SB 219—LS 6858/DI 87 6
	227	+	2023 IN 219—LS 6858/DI 87 6
229	228		1 body under this section after May 14, 2023. If the owners of land
230	229		2 located outside of but contiguous to a municipality want to have
231	230		3 territory containing that land annexed to the municipality, they may file
232	231		4 with the legislative body of the municipality a petition that meets the
233	232		5 following requirements:
234	233		6 (1) The petition is signed by at least one (1) of the following:
235	234		7 (A) Fifty-one percent (51%) of the owners of land in the
236	235		8 territory sought to be annexed. An owner of land may not:
237	236		9 (i) be counted in calculating the total number of owners of
238	237		10 land in the annexation territory; or
239	238		11 (ii) have the owner's signature counted;
240	239		12 with regard to any single property that the owner has an
241	240		13 interest in that was exempt from property taxes under
242	241		14 IC 6-1.1-10 or any other state law for the immediately
243	242		15 preceding year.
244	243		16 (B) The owners of seventy-five percent (75%) of the total
245	244		17 assessed value of the land for property tax purposes. Land that
246	245		18 was exempt from property taxes under IC 6-1.1-10 or any
247	246		19 other state law for the immediately preceding year may not be
248	247		20 included in calculating the total assessed valuation of the land
249	248		21 in the annexation territory. The court may not count an owner's
250	249		22 signature on a petition with regard to any single property that
251	250		23 the owner has an interest in that was exempt from property
252	251		24 taxes under IC 6-1.1-10 or any other state law for the
253	252		25 immediately preceding year.
254	253		26 (2) The petition requests an ordinance annexing the area
255	254		27 described in the petition.
256	255		28 (c) The petition circulated by the landowners must include on each
257	256		29 page where signatures are affixed a heading that is substantially similar
258	257		30 to the following:
259	258		31 "PETITION FOR ANNEXATION INTO THE (insert whether city
260	259		32 or town) OF (insert name of city or town).".
261	260		33 (d) If the legislative body fails to pass the ordinance within one
262	261		34 hundred fifty (150) days after the date of filing of a petition under
263	262		35 subsection (a) or (b), the petitioners may file a duplicate copy of the
264	263		36 petition in the circuit or superior court of a county in which the territory
265	264		37 is located, and shall include a written statement of why the annexation
266	265		38 should take place. Notice of the proceedings, in the form of a
267	266		39 summons, shall be served on the municipality named in the petition.
268	267		40 The municipality is the defendant in the cause and shall appear and
269	268		41 answer.
270	269		42 (e) The court shall hear and determine the petition without a jury,
271		-	SB 219—LS 6858/DI 87 7
	270	+	2023 IN 219—LS 6858/DI 87 7
272	271		1 and shall order the proposed annexation to take place only if the
273	272		2 evidence introduced by the parties establishes that:
274	273		3 (1) essential municipal services and facilities are not available to
275	274		4 the residents of the territory sought to be annexed;
276	275		5 (2) the municipality is physically and financially able to provide
277	276		6 municipal services to the territory sought to be annexed;
278	277		7 (3) the population density of the territory sought to be annexed is
279	278		8 at least three (3) persons per acre; and
280	279		9 (4) the territory sought to be annexed is contiguous to the
281	280		10 municipality.
282	281		11 If the evidence does not establish all four (4) of the preceding factors,
283	282		12 the court shall deny the petition and dismiss the proceeding.
284	283		13 (f) This subsection does not apply to a town that has abolished town
285	284		14 legislative body districts under IC 36-5-2-4.1. An ordinance adopted
286	285		15 under this section must assign the territory annexed by the ordinance
287	286		16 to at least one (1) municipal legislative body district.
288	287		17 SECTION 6. IC 36-4-3-5.1, AS AMENDED BY P.L.160-2020,
289	288		18 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
290	289		19 UPON PASSAGE]: Sec. 5.1. (a) Owners of land that is located outside
291	290		20 but contiguous to a municipality or that is located in territory described
292	291		21 in section 4(i) of this chapter may file a petition with the legislative
293	292		22 body of the municipality:
294	293		23 (1) requesting an ordinance annexing the area described in the
295	294		24 petition; and
296	295		25 (2) signed by:
297	296		26 (A) one hundred percent (100%) of the landowners that reside
298	297		27 within the territory that is proposed to be annexed, in the case
299	298		28 of a petition filed before July 1, 2015; and
300	299		29 (B) in the case of a petition filed after June 30, 2015, one
301	300		30 hundred percent (100%) of the owners of land within the
302	301		31 territory that is proposed to be annexed.
303	302		32 (b) Sections 2.1 and 2.2 of this chapter do not apply to an
304	303		33 annexation under this section.
305	304		34 (c) The petition circulated by the landowners must include on each
306	305		35 page where signatures are affixed a heading that is substantially similar
307	306		36 to the following:
308	307		37 "PETITION FOR ANNEXATION INTO THE (insert whether city
309	308		38 or town) OF (insert name of city or town).".
310	309		39 (d) The municipality may (1) adopt an annexation ordinance
311	310		40 annexing the territory and (2) adopt a fiscal plan and establish a
312	311		41 definite policy by resolution of the legislative body; after the legislative
313	312		42 body has held a public hearing on the proposed annexation.
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	313	+	2023 IN 219—LS 6858/DI 87 8
315	314		1 (e) The municipality may introduce and hold the public hearing on
316	315		2 the annexation ordinance not later than thirty (30) days after the
317	316		3 petition is filed with the legislative body. Notice of the public hearing
318	317		4 may be published one (1) time in accordance with IC 5-3-1 at least
319	318		5 twenty (20) days before the hearing. All interested parties must have
320	319		6 the opportunity to testify at the hearing as to the proposed annexation.
321	320		7 (f) The municipality may adopt the annexation ordinance not earlier
322	321		8 than fourteen (14) days after the public hearing under subsection (e).
323	322		9 (g) A landowner may withdraw the landowner's signature from the
324	323		10 petition not more than thirteen (13) days after the municipality adopts
325	324		11 the fiscal plan date of the public hearing under subsection (e) by
326	325		12 providing written notice to the office of the clerk of the municipality.
327	326		13 If a landowner withdraws the landowner's signature, the petition shall
328	327		14 automatically be considered a voluntary petition that is filed with the
329	328		15 legislative body under section 5 of this chapter, fourteen (14) days after
330	329		16 the date the fiscal plan is adopted. of the public hearing under
331	330		17 subsection (e). All provisions applicable to a petition initiated under
332	331		18 section 5 of this chapter apply to the petition.
333	332		19 (h) If the municipality does not adopt an annexation ordinance
334	333		20 within sixty (60) days after the landowners file the petition with the
335	334		21 legislative body, the landowners may file a duplicate petition with the
336	335		22 circuit or superior court of a county in which the territory is located.
337	336		23 The court shall determine whether the annexation shall take place as
338	337		24 set forth in section 5 of this chapter.
339	338		25 (i) A remonstrance under section 11 of this chapter may not be filed.
340	339		26 However, an appeal under section 15.5 of this chapter may be filed.
341	340		27 (j) (i) In the absence of an appeal under section 15.5 of this chapter,
342	341		28 an annexation ordinance adopted under this section takes effect not less
343	342		29 than thirty (30) days after the adoption of the ordinance and upon the
344	343		30 filing and recording of the ordinance under section 22 of this chapter.
345	344		31 SECTION 7. IC 36-4-3-5.5 IS ADDED TO THE INDIANA CODE
346	345		32 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
347	346		33 UPON PASSAGE]: Sec. 5.5. (a) This section does not apply to an
348	347		34 annexation under section 5 or 5.1 of this chapter.
349	348		35 (b) This section applies only to an annexation for which an
350	349		36 annexation ordinance is adopted after May 14, 2023.
351	350		37 (c) After adopting an annexation ordinance under section 3 or
352	351		38 4 of this chapter, in order for the annexation to proceed, the
353	352		39 municipality must file a written petition under subsection (f) signed
354	353		40 by owners of land in the territory proposed to be annexed who are
355	354		41 in favor of the annexation. The petition must be signed by:
356	355		42 (1) at least fifty-one percent (51%) of the owners of land:
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	356	+	2023 IN 219—LS 6858/DI 87 9
358	357		1 (A) not exempt from property taxes under IC 6-1.1-10 or
359	358		any other state law; and2
360	359		3 (B) in the territory proposed to be annexed; or
361	360		4 (2) the owners of more than seventy-five percent (75%) in
362	361		5 assessed valuation of land:
363	362		6 (A) not exempt from property taxes under IC 6-1.1-10 or
364	363		7 any other state law; and
365	364		8 (B) in the territory proposed to be annexed.
366	365		9 (d) The petition circulated by the municipality must include on
367	366		10 each page where signatures are affixed a heading that is
368	367		11 substantially similar to the following:
369	368		12 "PETITION FOR ANNEXATION INTO THE (insert whether
370	369		13 city or town) OF (insert name of city or town).".
371	370		14 (e) A landowner may withdraw the landowner's signature from
372	371		15 the petition not more than ten (10) days after the municipality
373	372		16 adopts the annexation ordinance by providing written notice to the
374	373		17 office of the clerk of the municipality. A landowner who withdraws
375	374		18 the landowner's signature from the petition is considered not to
376	375		19 have signed the petition for purposes of subsection (h)(2).
377	376		20 (f) The municipality must file the petition with the circuit or
378	377		21 superior court of the county where the municipality is located not
379	378		22 later than ninety (90) days after the publication of the annexation
380	379		23 ordinance under section 7 of this chapter. The petition must be
381	380		24 accompanied by:
382	381		25 (1) a copy of the ordinance; and
383	382		26 (2) the names and addresses of all persons who meet the
384	383		27 requirements of subsection (h).
385	384		28 (g) On receipt of the petition, the court shall determine whether
386	385		29 the petition has the necessary signatures. In determining the total
387	386		30 number of landowners of the territory proposed to be annexed and
388	387		31 whether signers of the petition are landowners, the names
389	388		32 appearing on the tax duplicate for that territory constitute prima
390	389		33 facie evidence of ownership. Only one (1) person having an interest
391	390		34 in each single property, as evidenced by the tax duplicate, is
392	391		35 considered a landowner for purposes of this section. A person is
393	392		36 entitled to sign a petition only one (1) time, regardless of whether
394	393		37 the person owns more than one (1) parcel of real property. If the
395	394		38 court determines that the municipality's petition has a sufficient
396	395		39 number of signatures, the court shall fix a time, not later than sixty
397	396		40 (60) days after its determination, for a hearing on the petition.
398	397		41 (h) A person may intervene as a party at the hearing described
399	398		42 in subsection (g) if the following requirements are satisfied:
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401	400		1 (1) The person owns, solely or with another person, property
402	401		2 that is in the territory proposed to be annexed.
403	402		3 (2) None of the owners of the property signed the petition filed
404	403		4 by the municipality.
405	404		5 (3) The person appeared in person or submitted a
406	405		6 remonstrance or other document objecting to the annexation
407	406		7 into the record of the municipality's hearing on the
408	407		8 annexation ordinance under section 2.1 of this chapter.
409	408		9 The court shall give a person described in this subsection notice of
410	409		10 the hearing on the petition by certified mail.
411	410		11 SECTION 8. IC 36-4-3-5.6 IS ADDED TO THE INDIANA CODE
412	411		12 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
413	412		13 UPON PASSAGE]: Sec. 5.6. (a) This section applies only to an
414	413		14 annexation for which an annexation ordinance is adopted after
415	414		15 May 14, 2023.
416	415		16 (b) A waiver or release of the right of remonstrance by a
417	416		17 landowner or successor in title is void and may not be considered
418	417		18 or counted as a valid signature on a petition in favor of annexation
419	418		19 under section 5, 5.1, or 5.5 of this chapter.
420	419		20 (c) If, with regard to a signature on a petition for annexation
421	420		21 under section 5, 5.1, or 5.5 of this chapter:
422	421		22 (1) the validity of a signature is uncertain; and
423	422		23 (2) this section does not establish a standard to be applied in
424	423		24 the case;
425	424		25 a reasonable doubt must be resolved in favor of the validity of the
426	425		26 signature.
427	426		27 (d) Whenever the name of an individual, as printed or signed,
428	427		28 contains a minor variation from the name of the individual as set
429	428		29 forth in the relevant county records, the signature is considered
430	429		30 valid.
431	430		31 (e) Whenever the residence address or mailing address of an
432	431		32 individual contains a minor variation from the residence address
433	432		33 or mailing address as set forth in the relevant county records, the
434	433		signature is considered valid.34
435	434		35 (f) If the residence address or mailing address of an individual
436	435		36 contains a substantial variation from the residence address or
437	436		37 mailing address as set forth in the relevant county records, the
438	437		38 signature is considered invalid.
439	438		39 (g) If the signature of an individual does not substantially
440	439		40 conform with the signature of the individual as set forth in the
441	440		41 relevant county records, the signature is considered invalid. In
442	441		42 determining whether a signature substantially conforms with the
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444	443		1 signature in the relevant county records, consideration shall be
445	444		2 given to whether that lack of conformity may reasonably be
446	445		3 attributed to the age, disability, or impairment of the individual.
447	446		4 SECTION 9. IC 36-4-3-7, AS AMENDED BY P.L.105-2022,
448	447		5 SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
449	448		6 UPON PASSAGE]: Sec. 7. (a) After an ordinance is adopted under
450	449		7 section 3, 4, 5, 5.1, or 5.2 of this chapter, it must be published in the
451	450		8 manner prescribed by IC 5-3-1.
452	451		9 (b) This subsection applies only to an annexation for which an
453	452		10 annexation ordinance is adopted before May 15, 2023. Except as
454	453		11 provided in subsection (b), (c) or (e), in the absence of remonstrance
455	454		12 and appeal under section 11 or 15.5 of this chapter, the ordinance takes
456	455		13 effect at least ninety (90) days after its publication and upon the filing
457	456		14 required by section 22(a) of this chapter.
458	457		15 (c) An annexation ordinance takes effect as follows:
459	458		16 (1) This subdivision applies to an annexation under section 5
460	459		17 of this chapter. Except as provided in subsection (e), in the
461	460		18 absence of an appeal under section 15.5 of this chapter, the
462	461		19 annexation ordinance takes effect at least ninety (90) days
463	462		20 after its publication and upon the filing under section 22(a) of
464	463		21 this chapter.
465	464		22 (2) This subdivision applies to an annexation under section 5.1
466	465		23 of this chapter. Except as provided in subsection (e), in the
467	466		24 absence of an appeal under section 15.5 of this chapter, the
468	467		25 ordinance takes effect at least thirty (30) days after the
469	468		26 adoption of the ordinance and upon the filing under section
470	469		27 22(a) of this chapter.
471	470		28 (3) This subdivision applies to an annexation under section 5.5
472	471		29 of this chapter. Except as provided in subsection (e), if a final
473	472		30 and unappealable judgment under section 12 or 15.5 of this
474	473		31 chapter is entered in favor of the annexation, the annexation
475	474		32 is effective upon the filing under section 22(a) of this chapter.
476	475		33 (4) This subdivision applies to an annexation under section 7.1
477	476		34 of this chapter for which an annexation ordinance is adopted
478	477		35 after May 14, 2023. If a final and unappealable judgment
479	478		36 under section 12 or 15.5 of this chapter is entered in favor of
480	479		37 the annexation, the annexation is effective upon the filing
481	480		38 under section 22(a) of this chapter.
482	481		39 (5) This subdivision applies to an annexation under section 7.2
483	482		40 of this chapter. In the absence of an appeal under section 15.5
484	483		41 of this chapter, the annexation ordinance takes effect at least
485	484		42 thirty (30) days after its publication and upon the filing
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487	486		1 required by section 22(a) of this chapter.
488	487		2 (b) (d) For the purposes of this section, territory that has been:
489	488		3 (1) added to an existing fire protection district under
490	489		4 IC 36-8-11-11; or
491	490		5 (2) approved by ordinance of the county legislative body to be
492	491		6 added to an existing fire protection district under IC 36-8-11-11,
493	492		7 notwithstanding that the territory's addition to the fire protection
494	493		8 district has not yet taken effect;
495	494		9 shall be considered a part of the fire protection district as of the date
496	495		10 that the fire protection district was originally established.
497	496		11 (c) (e) This subsection applies only to a fire protection district
498	497		12 established after July 1, 1987. This subsection does not apply to an
499	498		13 annexation under subsection (g). Whenever a municipality annexes
500	499		14 territory, all or part of which lies within a fire protection district (IC
501	500		15 36-8-11), the annexation ordinance, (in in the absence of remonstrance
502	501		16 and appeal under section 11 or 15.5 of this chapter) chapter (in the
503	502		17 case of an annexation for which an annexation ordinance is
504	503		18 adopted before May 15, 2023), or in the absence of a hearing or an
505	504		19 appeal under section 12 or 15.5 of this chapter (in the case of an
506	505		20 annexation for which an annexation ordinance is adopted after
507	506		21 May 14, 2023), takes effect the second January 1 that follows the date
508	507		22 the ordinance is adopted and upon the filing required by section 22(a)
509	508		23 of this chapter. The municipality shall:
510	509		24 (1) provide fire protection to that territory beginning the date the
511	510		25 ordinance is effective; and
512	511		26 (2) send written notice to the fire protection district of the date the
513	512		27 municipality will begin to provide fire protection to the annexed
514	513		28 territory within ten (10) days of the date the ordinance is adopted.
515	514		29 (d) (f) This subsection applies only to a fire protection district
516	515		30 established after July 1, 1987. This subsection does not apply to an
517	516		31 annexation under subsection (g). If the fire protection district from
518	517		32 which a municipality annexes territory is indebted or has outstanding
519	518		33 unpaid bonds or other obligations at the time the annexation is
520	519		34 effective, the municipality is liable for and shall pay that indebtedness
521	520		35 in the same ratio as the assessed valuation of the property in the
522	521		36 annexed territory (that is part of the fire protection district) bears to the
523	522		37 assessed valuation of all property in the fire protection district, as
524	523		38 shown by the most recent assessment for taxation before the
525	524		39 annexation, unless the assessed property within the municipality is
526	525		40 already liable for the indebtedness. The annexing municipality shall
527	526		41 pay its indebtedness under this section to the board of fire trustees. If
528	527		42 the indebtedness consists of outstanding unpaid bonds or notes of the
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530	529		1 fire protection district, the payments to the board of fire trustees shall
531	530		2 be made as the principal or interest on the bonds or notes becomes due.
532	531		3 (e) This subsection applies to an annexation initiated by property
533	532		4 owners under section 5.1 of this chapter in which all property owners
534	533		5 within the area to be annexed petition the municipality to be annexed.
535	534		6 Subject to subsection (c), and in the absence of an appeal under section
536	535		7 15.5 of this chapter, an annexation ordinance takes effect at least thirty
537	536		8 (30) days after its publication and upon the filing required by section
538	537		9 22(a) of this chapter.
539	538		10 (f) (g) Whenever a municipality annexes territory that lies within a
540	539		11 fire protection district that has a total net assessed value (as determined
541	540		12 by the county auditor) of more than one billion dollars
542	541		13 ($1,000,000,000) on the date the annexation ordinance is adopted:
543	542		14 (1) the annexed area shall remain a part of the fire protection
544	543		15 district after the annexation takes effect; and
545	544		16 (2) the fire protection district shall continue to provide fire
546	545		17 protection services to the annexed area.
547	546		18 The municipality shall not tax the annexed territory for fire protection
548	547		19 services. The annexing municipality shall establish a special fire fund
549	548		20 for all fire protection services that are provided by the municipality
550	549		21 within the area of the municipality that is not within the fire protection
551	550		22 district, and which shall not be assessed to the annexed special taxing
552	551		23 district. The annexed territory that lies within the fire protection district
553	552		24 shall continue to be part of the fire protection district special taxing
554	553		25 district.
555	554		26 SECTION 10. IC 36-4-3-7.1, AS AMENDED BY P.L.104-2022,
556	555		27 SECTION 156, IS AMENDED TO READ AS FOLLOWS
557	556		28 [EFFECTIVE UPON PASSAGE]: Sec. 7.1. (a) An ordinance adopted
558	557		29 under section 4 or 5.1 of this chapter that meets the conditions set
559	558		30 forth in subsection (b) takes effect as follows:
560	559		31 (1) In the case of an annexation for which an annexation
561	560		32 ordinance was adopted before May 15, 2023, the ordinance
562	561		33 takes effect immediately:
563	562		34 (A) upon the expiration of the remonstrance and appeal period
564	563		35 under section 11, 11.1, or 15.5 of this chapter; and
565	564		36 (B) after the publication, filing, and recording required by
566	565		37 section 22(a) of this chapter. if all of the following conditions
567	566		38 are met:
568	567		39 (2) In the case of an annexation for which an annexation
569	568		40 ordinance was adopted after May 14, 2023, the ordinance
570	569		41 takes effect as set forth in section 7(c)(4) of this chapter.
571	570		42 (b) This section applies to an annexation that meets all of the
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573	572		1 following conditions:
574	573		2 (1) The annexed territory has no population.
575	574		3 (2) Ninety percent (90%) of the total assessed value of the land
576	575		4 for property tax purposes has one (1) owner.
577	576		5 (3) The annexation is required to fulfill an economic development
578	577		6 incentive package and to retain an industry through various local
579	578		7 incentives, including urban enterprise zone benefits.
580	579		8 SECTION 11. IC 36-4-3-7.2, AS ADDED BY P.L.23-2022,
581	580		9 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
582	581		10 UPON PASSAGE]: Sec. 7.2. (a) This section applies to an annexation
583	582		11 that satisfies all of the following:
584	583		12 (1) The annexation ordinance is adopted after December 31,
585	584		13 2020.
586	585		14 (2) The annexation is initiated by property owners under section
587	586		15 5.1 of this chapter in which all property owners within the
588	587		16 annexation territory petition the municipality to be annexed.
589	588		17 (3) All or part of the annexation territory is within a fire
590	589		18 protection district that was established after July 1, 1987.
591	590		19 (4) At least a majority of the members of the board of trustees of
592	591		20 the fire protection district adopt a resolution consenting to the
593	592		21 annexation.
594	593		22 (5) The portion of the annexation territory located within the fire
595	594		23 protection district constitutes less than three percent (3%) of the
596	595		24 total net assessed value (as determined by the county auditor) of
597	596		25 the fire protection district on the date the annexation ordinance is
598	597		26 adopted.
599	598		27 (b) Section 7(b), 7(c), and 7(e) 7(d) and 7(f) of this chapter apply
600	599		28 to an annexation under this section.
601	600		29 (c) Section 7(a), 7(d), 7(f), and 7(g) 7(b), 7(e), and 7(g) of this
602	601		30 chapter do not apply to an annexation under this section.
603	602		31 (d) After an annexation ordinance is adopted, the ordinance must be
604	603		32 published in the manner prescribed by IC 5-3-1. In the absence of an
605	604		33 appeal under section 15.5 of this chapter, the annexation ordinance
606	605		34 takes effect at least thirty (30) days after its publication and upon the
607	606		35 filing required by section 22(a) of this chapter. The annexation
608	607		36 ordinance takes effect as set forth in section 7(c)(5) of this chapter.
609	608		37 SECTION 12. IC 36-4-3-11, AS AMENDED BY P.L.206-2016,
610	609		38 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
611	610		39 UPON PASSAGE]: Sec. 11. (a) This subsection applies only to an
612	611		40 annexation for which an annexation ordinance was adopted before July
613	612		41 1, 2015. Except as provided in section 5.1(i) of this chapter (as in
614	613		42 effect on July 1, 2015) and subsections subsection (e), and (f),
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616	615		1 whenever territory is annexed by a municipality under this chapter, the
617	616		2 annexation may be appealed by filing with the circuit or superior court
618	617		3 of a county in which the annexed territory is located a written
619	618		4 remonstrance signed by:
620	619		5 (1) at least sixty-five percent (65%) of the owners of land in the
621	620		6 annexed territory; or
622	621		7 (2) the owners of more than seventy-five percent (75%) in
623	622		8 assessed valuation of the land in the annexed territory.
624	623		9 The remonstrance must be filed within ninety (90) days after the
625	624		10 publication of the annexation ordinance under section 7 of this chapter,
626	625		11 must be accompanied by a copy of that ordinance, and must state the
627	626		12 reason why the annexation should not take place.
628	627		13 (b) This subsection applies only to an annexation for which an
629	628		14 annexation ordinance was adopted before July 1, 2015. On receipt of
630	629		15 the remonstrance, the court shall determine whether the remonstrance
631	630		16 has the necessary signatures. In determining the total number of
632	631		17 landowners of the annexed territory and whether signers of the
633	632		18 remonstrance are landowners, the names appearing on the tax duplicate
634	633		19 for that territory constitute prima facie evidence of ownership. Only
635	634		20 one (1) person having an interest in each single property, as evidenced
636	635		21 by the tax duplicate, is considered a landowner for purposes of this
637	636		22 section.
638	637		23 (c) This subsection applies only to an annexation for which an
639	638		24 annexation ordinance was adopted before July 1, 2015. If the court
640	639		25 determines that the remonstrance is sufficient, the court shall fix a time,
641	640		26 within sixty (60) days after the court's determination, for a hearing on
642	641		27 the remonstrance. Notice of the proceedings, in the form of a summons,
643	642		28 shall be served on the annexing municipality. The municipality is the
644	643		29 defendant in the cause and shall appear and answer.
645	644		30 (d) This subsection applies only to an annexation for which an
646	645		31 annexation ordinance was adopted after June 30, 2015, and before
647	646		32 May 15, 2023. If the requirements of section 11.3(c) or (after
648	647		33 December 31, 2016) section 11.4 of this chapter are met, the
649	648		34 annexation may be appealed by filing with the circuit or superior court
650	649		35 of a county in which the annexed territory is located:
651	650		36 (1) the signed remonstrances filed with the county auditor;
652	651		37 (2) the county auditor's certification under section 11.2(i) of this
653	652		38 chapter;
654	653		39 (3) the annexation ordinance; and
655	654		40 (4) a statement of the reason why the annexation should not take
656	655		41 place.
657	656		42 The remonstrance must be filed with the court not later than fifteen
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659	658		1 (15) business days after the date the county auditor files the certificate
660	659		2 with the legislative body under section 11.2(i) of this chapter. After a
661	660		3 remonstrance petition is filed with the court, any person who signed a
662	661		4 remonstrance may file with the court a verified, written revocation of
663	662		5 the person's opposition to the annexation.
664	663		6 (e) If an annexation is initiated by property owners under section 5.1
665	664		7 of this chapter and all property owners within the area to be annexed
666	665		8 petition the municipality to be annexed, a remonstrance to the
667	666		9 annexation may not be filed under this section.
668	667		10 (f) (e) This subsection applies only to an annexation for which an
669	668		11 annexation ordinance is adopted before July 1, 2015. This subsection
670	669		12 applies if:
671	670		13 (1) the territory to be annexed consists of not more than one
672	671		14 hundred (100) parcels; and
673	672		15 (2) eighty percent (80%) of the boundary of the territory proposed
674	673		16 to be annexed is contiguous to the municipality.
675	674		17 An annexation may be appealed by filing with the circuit or superior
676	675		18 court of a county in which the annexed territory is located a written
677	676		19 remonstrance signed by at least seventy-five percent (75%) of the
678	677		20 owners of land in the annexed territory as determined under subsection
679	678		21 (b).
680	679		22 SECTION 13. IC 36-4-3-11.1, AS ADDED BY P.L.228-2015,
681	680		23 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
682	681		24 UPON PASSAGE]: Sec. 11.1. (a) This section applies only to an
683	682		25 annexation ordinance adopted after June 30, 2015, and before May 15,
684	683		26 2023.
685	684		27 (b) After a municipality adopts an annexation ordinance in
686	685		28 accordance with all applicable notice and hearing requirements under
687	686		29 this chapter, the annexation may not proceed unless the annexing
688	687		30 municipality completes the procedures set forth in this section.
689	688		31 (c) The proper officers of the municipality must give notice of the
690	689		32 applicability of the remonstrance process by providing notice by:
691	690		33 (1) publication in accordance with IC 5-3-1; and
692	691		34 (2) first class mail or certified mail with return receipt requested,
693	692		35 or any other means of delivery that includes a return receipt;
694	693		36 to the circuit court clerk and to owners of real property described in
695	694		37 section 2.2 of this chapter. Notice under this section must be published
696	695		38 and mailed or delivered on the same date that notice of the adoption of
697	696		39 the annexation ordinance is published under section 7 of this chapter.
698	697		40 (d) The notice of the applicability of the remonstrance process under
699	698		41 subsection (c) must state the following:
700	699		42 (1) Any owners of real property within the area proposed to be
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702	701		1 annexed who want to remonstrate against the proposed
703	702		2 annexation must complete and file remonstrance petitions in
704	703		3 compliance with this chapter. The notice must state:
705	704		4 (A) that remonstrance petitions must be filed not later than
706	705		5 ninety (90) days after the date that notice of the adoption of the
707	706		6 annexation ordinance was published under section 7 of this
708	707		7 chapter; and
709	708		8 (B) the last date in accordance with clause (A) that
710	709		9 remonstrance petitions must be filed with the county auditor
711	710		10 to be valid.
712	711		11 (2) A remonstrance petition may be signed at the locations
713	712		12 provided by the municipality under subsection (e). The notice
714	713		13 must provide the following information regarding each location:
715	714		14 (A) The address of the location.
716	715		15 (B) The dates and hours during which a remonstrance petition
717	716		16 may be signed at the location.
718	717		17 (e) Beginning the day after publication of the notice under
719	718		18 subsection (c) and ending not later than ninety (90) days after
720	719		19 publication of the notice under subsection (c), the municipality shall
721	720		20 provide both of the following:
722	721		21 (1) At least one (1) location in the offices of the municipality
723	722		22 where a person may sign a remonstrance petition during regular
724	723		23 business hours.
725	724		24 (2) At least one (1) additional location that is available for at least
726	725		25 five (5) days, where a person may sign a remonstrance petition.
727	726		26 The location must meet the following requirements:
728	727		27 (A) The location must be in a public building:
729	728		28 (i) owned or leased by the state or a political subdivision,
730	729		29 including a public library, community center, or parks and
731	730		30 recreation building; and
732	731		31 (ii) located within the boundaries of the municipality or the
733	732		32 annexation territory.
734	733		33 (B) The location must be open according to the following:
735	734		34 (i) On a day that the location is open on a weekday, the
736	735		35 location must be open at a minimum from 5 p.m. to 9 p.m.
737	736		36 (ii) On a day that the location is open on a Saturday or
738	737		37 Sunday, the location must be open at least four (4) hours
739	738		38 during the period from 9 a.m. to 5 p.m.
740	739		39 (f) An additional location may not be open on a day that is a legal
741	740		40 holiday. At any location and during the hours that a remonstrance
742	741		41 petition may be signed, the municipality shall have a person present:
743	742		42 (1) to witness the signing of remonstrance petitions; and
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745	744		1 (2) who shall swear and affirm before a notary public that the
746	745		2 person witnessed each person sign the remonstrance petition.
747	746		3 SECTION 14. IC 36-4-3-11.2, AS AMENDED BY P.L.206-2016,
748	747		4 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
749	748		5 UPON PASSAGE]: Sec. 11.2. (a) This section applies only to an
750	749		6 annexation ordinance adopted after June 30, 2015, and before May 15,
751	750		7 2023.
752	751		8 (b) A remonstrance petition may be filed by an owner of real
753	752		9 property that:
754	753		10 (1) is within the area to be annexed;
755	754		11 (2) was not exempt from property taxes under IC 6-1.1-10 or any
756	755		12 other state law for the immediately preceding year; and
757	756		13 (3) is not subject to a valid waiver of remonstrance.
758	757		14 (c) A remonstrance petition must comply with the following in order
759	758		15 to be effective:
760	759		16 (1) Each signature on a remonstrance petition must be dated, and
761	760		17 the date of the signature may not be earlier than the date on which
762	761		18 the remonstrance forms may be issued by the county auditor
763	762		19 under subsection (e)(7).
764	763		20 (2) Each person who signs a remonstrance petition must indicate
765	764		21 the address of the real property owned by the person in the area
766	765		22 to be annexed.
767	766		23 (3) A remonstrance petition must be verified in compliance with
768	767		24 subsection (e).
769	768		25 (d) The state board of accounts shall design the remonstrance forms
770	769		26 to be used solely in the remonstrance process described in this section.
771	770		27 The state board of accounts shall provide the forms to the county
772	771		28 auditor in an electronic format that permits the county auditor to copy
773	772		29 or reproduce the forms using:
774	773		30 (1) the county auditor's own equipment; or
775	774		31 (2) a commercial copying service.
776	775		32 The annexing municipality shall reimburse the county auditor for the
777	776		33 cost of reproducing the remonstrance forms.
778	777		34 (e) The county auditor's office shall issue remonstrance forms
779	778		35 accompanied by instructions detailing all of the following
780	779		36 requirements:
781	780		37 (1) The closing date for the remonstrance period.
782	781		38 (2) Only one (1) person having an interest in each single property
783	782		39 as evidenced by the tax duplicate is considered an owner of
784	783		40 property and may sign a remonstrance petition. A person is
785	784		41 entitled to sign a petition only one (1) time in a remonstrance
786	785		42 process, regardless of whether the person owns more than one (1)
787		-	SB 219—LS 6858/DI 87 19
	786	+	2023 IN 219—LS 6858/DI 87 19
788	787		1 parcel of real property.
789	788		2 (3) An individual may not be:
790	789		3 (A) compensated for; or
791	790		4 (B) reimbursed for expenses incurred in;
792	791		5 circulating a remonstrance petition and obtaining signatures.
793	792		6 (4) The remonstrance petition may be executed in several
794	793		7 counterparts, the total of which constitutes the remonstrance
795	794		8 petition. An affidavit of the person circulating a counterpart must
796	795		9 be attached to the counterpart. The affidavit must state that each
797	796		10 signature appearing on the counterpart was affixed in the person's
798	797		11 presence and is the true and lawful signature of the signer. The
799	798		12 affidavit must be notarized.
800	799		13 (5) A remonstrance petition that is not executed in counterparts
801	800		14 must be verified by the person signing the petition in the manner
802	801		15 prescribed by the state board of accounts and notarized.
803	802		16 (6) A remonstrance petition may be delivered to the county
804	803		17 auditor's office in person or by:
805	804		18 (A) certified mail, return receipt requested; or
806	805		19 (B) any other means of delivery that includes a return receipt.
807	806		20 The remonstrance petition must be postmarked not later than the
808	807		21 closing date for the remonstrance period.
809	808		22 (7) The county auditor's office may not issue a remonstrance
810	809		23 petition earlier than the day that notice is published under section
811	810		24 11.1 of this chapter. The county auditor's office shall certify the
812	811		25 date of issuance on each remonstrance petition. Any person may
813	812		26 pick up additional copies of the remonstrance petition to
814	813		27 distribute to other persons.
815	814		28 (8) A person who signs a remonstrance petition may withdraw the
816	815		29 person's signature from a remonstrance petition before a
817	816		30 remonstrance petition is filed with the county auditor by filing a
818	817		31 verified request to remove the person's name from the
819	818		32 remonstrance petition. Names may not be added to a
820	819		33 remonstrance petition after the remonstrance petition is filed with
821	820		34 the county auditor.
822	821		35 (f) The county auditor shall prepare and update weekly a list of the
823	822		36 persons who have signed a remonstrance petition. The list must include
824	823		37 a statement that the list includes all persons who have signed a
825	824		38 remonstrance petition as of a particular date, and does not represent a
826	825		39 list of persons certified by the county auditor as actual landowners in
827	826		40 the annexation territory using the auditor's current tax records under
828	827		41 subsection (i). The county auditor shall post the list in the office of the
829	828		42 county auditor. The list is a public record under IC 5-14-3.
830		-	SB 219—LS 6858/DI 87 20
	829	+	2023 IN 219—LS 6858/DI 87 20
831	830		1 (g) Not later than five (5) business days after receiving the
832	831		2 remonstrance petition, the county auditor shall submit a copy of the
833	832		3 remonstrance petition to the legislative body of the annexing
834	833		4 municipality.
835	834		5 (h) Not later than fifteen (15) business days after the legislative
836	835		6 body of the annexing municipality receives a copy of the remonstrance
837	836		7 petition from the county auditor, the annexing municipality shall
838	837		8 provide documentation to the county auditor regarding any valid waiver
839	838		9 of the right of remonstrance that exists on the property within the
840	839		10 annexation territory.
841	840		11 (i) Not later than fifteen (15) business days after receiving the
842	841		12 documentation regarding any valid waiver of the right of remonstrance
843	842		13 from the annexing municipality under subsection (h), if any, the county
844	843		14 auditor's office shall make a final determination of the number of
845	844		15 owners of real property within the territory to be annexed:
846	845		16 (1) who signed the remonstrance; and
847	846		17 (2) whose property is not subject to a valid waiver of the right of
848	847		18 remonstrance;
849	848		19 using the auditor's current tax records as provided in section 2.2 of this
850	849		20 chapter. The county auditor shall file a certificate with the legislative
851	850		21 body of the annexing municipality certifying the number of property
852	851		22 owners not later than five (5) business days after making the
853	852		23 determination.
854	853		24 SECTION 15. IC 36-4-3-11.3, AS ADDED BY P.L.228-2015,
855	854		25 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
856	855		26 UPON PASSAGE]: Sec. 11.3. (a) This section applies only to an
857	856		27 annexation ordinance adopted after June 30, 2015, and before May 15,
858	857		28 2023.
859	858		29 (b) An annexation ordinance is void if a written remonstrance
860	859		30 petition is signed by one (1) of the following:
861	860		31 (1) At least sixty-five percent (65%) of the owners of land in the
862	861		32 annexed territory. An owner of land may not:
863	862		33 (A) be counted in calculating the total number of owners of
864	863		34 land in the annexation territory; or
865	864		35 (B) have the owner's signature counted on a remonstrance;
866	865		36 with regard to any single property that an owner has an interest in
867	866		37 that was exempt from property taxes under IC 6-1.1-10 or any
868	867		38 other state law for the immediately preceding year.
869	868		39 (2) The owners of at least eighty percent (80%) in assessed
870	869		40 valuation of the land in the annexed territory. Land that was
871	870		41 exempt from property taxes under IC 6-1.1-10 or any other state
872	871		42 law for the immediately preceding year may not be included in
873		-	SB 219—LS 6858/DI 87 21
	872	+	2023 IN 219—LS 6858/DI 87 21
874	873		1 calculating the total assessed valuation of the land in the
875	874		2 annexation territory. The court may not count the owner's
876	875		3 signature on a remonstrance with regard to any single property
877	876		4 that the owner has an interest in that was exempt from property
878	877		5 taxes under IC 6-1.1-10 or any other state law for the immediately
879	878		6 preceding year.
880	879		7 (c) The annexation may be appealed to the court under section 11
881	880		8 of this chapter, if a written remonstrance is signed by one (1) of the
882	881		9 following:
883	882		10 (1) At least fifty-one percent (51%) but less than sixty-five
884	883		11 percent (65%) of the owners of land. An owner of land may not:
885	884		12 (A) be counted in calculating the total number of owners of
886	885		13 land in the annexation territory; or
887	886		14 (B) have the owner's signature counted on a remonstrance;
888	887		15 with regard to any single property that the owner has an interest
889	888		16 in that was exempt from property taxes under IC 6-1.1-10 or any
890	889		17 other state law for the immediately preceding year.
891	890		18 (2) The owners of at least sixty percent (60%) but less than eighty
892	891		19 percent (80%) in assessed valuation of land in the annexed
893	892		20 territory. Land that was exempt from property taxes under
894	893		21 IC 6-1.1-10 or any other state law for the immediately preceding
895	894		22 year may not be included in calculating the total assessed
896	895		23 valuation of the land in the annexation territory. The court may
897	896		24 not count an owner's signature on a remonstrance with regard to
898	897		25 any single property that the owner has an interest in that was
899	898		26 exempt from property taxes under IC 6-1.1-10 or any other state
900	899		27 law for the immediately preceding year.
901	900		28 SECTION 16. IC 36-4-3-11.4, AS ADDED BY P.L.228-2015,
902	901		29 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
903	902		30 UPON PASSAGE]: Sec. 11.4. (a) This section applies only to an
904	903		31 annexation that the meets all of the following requirements:
905	904		32 (1) The annexation ordinance is adopted after December 31,
906	905		33 2016, and before May 15, 2023.
907	906		34 (2) Notwithstanding the contiguity requirements of section 1.5 of
908	907		35 this chapter, at least one-tenth (1/10) of the aggregate external
909	908		36 boundaries of the territory sought to be annexed coincides with
910	909		37 the boundaries of:
911	910		38 (A) the municipality; and
912	911		39 (B) the site of an economic development project.
913	912		40 (b) As used in this section, "economic development project" means
914	913		41 any project developed by the municipality that meets all of the
915	914		42 following requirements:
916		-	SB 219—LS 6858/DI 87 22
	915	+	2023 IN 219—LS 6858/DI 87 22
917	916		1 (1) The annexing municipality determines that the project will:
918	917		2 (A) promote significant opportunities for the gainful
919	918		employment of its citizens;3
920	919		4 (B) attract a major new business enterprise to the municipality;
921	920		5 or
922	921		6 (C) retain or expand a significant business enterprise within
923	922		7 the municipality.
924	923		8 (2) The project involves expenditures by the annexing
925	924		9 municipality for any of the following:
926	925		10 (A) Land acquisition, interests in land, site improvements,
927	926		11 infrastructure improvements, buildings, or structures.
928	927		12 (B) Rehabilitation, renovation, and enlargement of buildings
929	928		13 and structures.
930	929		14 (C) Machinery, equipment, furnishings, or facilities.
931	930		15 (D) Substance removal or remedial action.
932	931		16 (c) Notwithstanding section 11.3(b) of this chapter, even if a
933	932		17 remonstrance has enough signatures to satisfy the requirements of
934	933		18 section 11.3(b) of this chapter, the annexation ordinance is not void and
935	934		19 may be appealed to the court under section 11 of this chapter, if all of
936	935		the following requirements are met:20
937	936		21 (1) The economic development project site needs the following
938	937		22 capital services that the municipality is lawfully able to provide:
939	938		23 (A) water;
940	939		24 (B) sewer;
941	940		25 (C) gas; or
942	941		26 (D) any combination of the capital services described in
943	942		27 clauses (A) through (C).
944	943		28 (2) The municipality finds that it is in the municipality's best
945	944		29 interest to annex the annexation territory in order to extend,
946	945		30 construct, or operate the capital services that are provided to the
947	946		31 economic development project site.
948	947		32 (3) Before the date the annexation ordinance is adopted, a
949	948		33 taxpayer whose business will occupy the economic development
950	949		34 project site has done at least one (1) of the following:
951	950		35 (A) Filed a statement of benefits under IC 6-1.1-12.1 with the
952	951		36 designating body for the annexing municipality for a deduction
953	952		37 or abatement.
954	953		38 (B) Entered into an agreement with the Indiana economic
955	954		39 development corporation for a credit under IC 6-3.1-13.
956	955		40 (d) If the economic development project:
957	956		41 (1) has not commenced within twelve (12) months after the date
958	957		the annexation 42 ordinance is adopted; or
959		-	SB 219—LS 6858/DI 87 23
	958	+	2023 IN 219—LS 6858/DI 87 23
960	959		1 (2) is not completed within thirty-six (36) months after the date
961	960		2 the annexation ordinance is adopted;
962	961		3 the annexation territory is disannexed from the municipality and reverts
963	962		4 to the jurisdiction of the unit having jurisdiction before the annexation.
964	963		5 For purposes of this subsection, a an economic development project is
965	964		6 considered to have commenced on the day that the physical erection,
966	965		7 installation, alteration, repair, or remodeling of a building or structure
967	966		8 commences on the site of the economic development project.
968	967		9 SECTION 17. IC 36-4-3-11.5 IS AMENDED TO READ AS
969	968		10 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 11.5. (a) A
970	969		11 landowner in an unincorporated area is not required to grant a
971	970		12 municipality a waiver against remonstrance as a condition of
972	971		13 connection to a sewer or water service if all of the following conditions
973	972		14 apply:
974	973		15 (1) The landowner is required to connect to the sewer or water
975	974		16 service because a person other than the landowner has polluted or
976	975		17 contaminated the area.
977	976		18 (2) A person other than the landowner or the municipality has
978	977		19 paid the cost of connection to the service.
979	978		20 (b) Notwithstanding any other law, a waiver against
980	979		21 remonstrance is effective and binding on a landowner or a
981	980		22 successor in title only with regard to an annexation for which the
982	981		23 annexation ordinance was adopted before May 15, 2023.
983	982		24 SECTION 18. IC 36-4-3-11.6, AS ADDED BY P.L.228-2015,
984	983		25 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
985	984		26 UPON PASSAGE]: Sec. 11.6. (a) This section applies to a
986	985		27 remonstrance filed after June 30, 2015, and before May 15, 2023.
987	986		28 (b) If the court orders an annexation not to take place after a hearing
988	987		29 under section 11 of this chapter, the remonstrators shall be reimbursed
989	988		30 by the annexing municipality for any reasonable attorney's fees,
990	989		31 including litigation expenses and appeal costs:
991	990		32 (1) that are incurred:
992	991		33 (A) after the date the annexation ordinance is adopted; and
993	992		34 (B) in remonstrating against the annexation; and
994	993		35 (2) not to exceed thirty-seven thousand five hundred dollars
995	994		36 ($37,500).
996	995		37 SECTION 19. IC 36-4-3-11.7, AS AMENDED BY P.L.257-2019,
997	996		38 SECTION 112, IS AMENDED TO READ AS FOLLOWS
998	997		39 [EFFECTIVE UPON PASSAGE]: Sec. 11.7. (a) This subsection
999	998		40 applies to any deed recorded after June 30, 2015. This subsection
1000	999		41 applies only to property that is subject to a remonstrance waiver. A
1001	1000		42 municipality shall, within a reasonable time after the recording of a
1002		-	SB 219—LS 6858/DI 87 24
	1001	+	2023 IN 219—LS 6858/DI 87 24
1003	1002		1 deed to property located within the municipality, provide written notice
1004	1003		2 to the property owner that a waiver of the right of remonstrance exists
1005	1004		3 with respect to the property.
1006	1005		4 (b) A remonstrance waiver executed before July 1, 2003, is void.
1007	1006		5 This subsection does not invalidate an annexation that was effective on
1008	1007		6 or before July 1, 2019.
1009	1008		7 (c) A remonstrance waiver executed after June 30, 2003, and before
1010	1009		8 July 1, 2019, is subject to the following:
1011	1010		9 (1) The waiver is void unless the waiver was recorded:
1012	1011		10 (A) before January 1, 2020; and
1013	1012		11 (B) with the county recorder of the county where the property
1014	1013		12 subject to the waiver is located.
1015	1014		13 (2) A waiver that is not void under subdivision (1) expires not
1016	1015		14 later than fifteen (15) years after the date the waiver is executed.
1017	1016		15 This subsection does not invalidate an annexation that was effective on
1018	1017		16 or before July 1, 2019.
1019	1018		17 (d) A remonstrance waiver executed after June 30, 2019, is subject
1020	1019		18 to the following: (1) The waiver is void unless the waiver is must be
1021	1020		19 recorded (A) not later than thirty (30) business days after the date the
1022	1021		20 waiver was executed and (B) with the county recorder of the county
1023	1022		21 where the property subject to the waiver is located. (2) A waiver that
1024	1023		22 is not void under subdivision (1) expires not later than fifteen (15)
1025	1024		23 years after the date the waiver is executed. This subsection does not
1026	1025		24 invalidate an annexation that was effective on or before July 1, 2019.
1027	1026		25 (e) Notwithstanding any other law, a remonstrance waiver is
1028	1027		26 effective and binding on a landowner or a successor in title only
1029	1028		27 with regard to an annexation for which the annexation ordinance
1030	1029		28 was adopted before May 15, 2023.
1031	1030		29 SECTION 20. IC 36-4-3-12, AS AMENDED BY P.L.104-2022,
1032	1031		30 SECTION 158, IS AMENDED TO READ AS FOLLOWS
1033	1032		31 [EFFECTIVE UPON PASSAGE]: Sec. 12. The circuit or superior court
1034	1033		32 shall:
1035	1034		33 (1) on the date fixed under:
1036	1035		34 (A) section 11 of this chapter (in the case of an annexation
1037	1036		35 for which an annexation ordinance is adopted before May
1038	1037		36 15, 2023), hear and determine the remonstrance without a jury;
1039	1038		37 or
1040	1039		38 (B) section 5.5 of this chapter (in the case of an annexation
1041	1040		39 for which an annexation ordinance is adopted after May
1042	1041		40 14, 2023), hear and determine the petition without a jury;
1043	1042		41 and
1044	1043		42 (2) without delay, enter judgment on the question of the
1045		-	SB 219—LS 6858/DI 87 25
	1044	+	2023 IN 219—LS 6858/DI 87 25
1046	1045		1 annexation according to the evidence that either party may
1047	1046		2 introduce.
1048	1047		3 SECTION 21. IC 36-4-3-13, AS AMENDED BY P.L.70-2022,
1049	1048		4 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1050	1049		5 UPON PASSAGE]: Sec. 13. (a) Except as provided in subsection (e),
1051	1050		6 at the hearing under section 12 of this chapter, the court shall order a
1052	1051		7 proposed annexation to take place if the following requirements are
1053	1052		8 met:
1054	1053		9 (1) The requirements of either subsection (b) or (c).
1055	1054		10 (2) The requirements of subsection (d).
1056	1055		11 (3) The requirements of subsection (i) (in the case of an
1057	1056		12 annexation for which an annexation ordinance is adopted
1058	1057		13 before May 15, 2023).
1059	1058		14 (b) The requirements of this subsection are met if the evidence
1060	1059		15 establishes the following:
1061	1060		16 (1) That the territory sought to be annexed is contiguous to the
1062	1061		17 municipality.
1063	1062		18 (2) One (1) of the following:
1064	1063		19 (A) The resident population density of the territory sought to
1065	1064		20 be annexed is at least three (3) persons per acre.
1066	1065		21 (B) Sixty percent (60%) of the territory is subdivided.
1067	1066		22 (C) The territory is zoned for commercial, business, or
1068	1067		23 industrial uses.
1069	1068		24 (c) The requirements of this subsection are met if the evidence
1070	1069		25 establishes one (1) of the following:
1071	1070		26 (1) That the territory sought to be annexed is:
1072	1071		27 (A) contiguous to the municipality as required by section 1.5
1073	1072		28 of this chapter, except that at least one-fourth (1/4), instead of
1074	1073		29 one-eighth (1/8), of the aggregate external boundaries of the
1075	1074		30 territory sought to be annexed must coincide with the
1076	1075		31 boundaries of the municipality; and
1077	1076		32 (B) needed and can be used by the municipality for its
1078	1077		33 development in the reasonably near future.
1079	1078		34 (2) This subdivision applies only to an annexation for which an
1080	1079		35 annexation ordinance is adopted after December 31, 2016, and
1081	1080		36 before May 15, 2023. That the territory sought to be annexed
1082	1081		37 involves an economic development project and the requirements
1083	1082		38 of section 11.4 of this chapter are met.
1084	1083		39 (3) The territory is described in section 5.2 of this chapter.
1085	1084		40 (d) The requirements of this subsection are met if the evidence
1086	1085		41 establishes that the municipality has developed and adopted a written
1087	1086		42 fiscal plan and has established a definite policy, by resolution of the
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	1087	+	2023 IN 219—LS 6858/DI 87 26
1089	1088		1 legislative body as set forth in section 3.1 of this chapter. The fiscal
1090	1089		2 plan must show the following:
1091	1090		3 (1) The cost estimates of planned services to be furnished to the
1092	1091		4 territory to be annexed. The plan must present itemized estimated
1093	1092		5 costs for each municipal department or agency.
1094	1093		6 (2) The method or methods of financing the planned services. The
1095	1094		7 plan must explain how specific and detailed expenses will be
1096	1095		8 funded and must indicate the taxes, grants, and other funding to
1097	1096		9 be used.
1098	1097		10 (3) The plan for the organization and extension of services. The
1099	1098		11 plan must detail the specific services that will be provided and the
1100	1099		12 dates the services will begin.
1101	1100		13 (4) That planned services of a noncapital nature, including police
1102	1101		14 protection, fire protection, street and road maintenance, and other
1103	1102		15 noncapital services normally provided within the corporate
1104	1103		16 boundaries, will be provided to the annexed territory within one
1105	1104		17 (1) year after the effective date of annexation and that they will be
1106	1105		18 provided in a manner equivalent in standard and scope to those
1107	1106		19 noncapital services provided to areas within the corporate
1108	1107		20 boundaries regardless of similar topography, patterns of land use,
1109	1108		21 and population density.
1110	1109		22 (5) That services of a capital improvement nature, including street
1111	1110		23 construction, street lighting, sewer facilities, water facilities, and
1112	1111		24 storm water drainage facilities, will be provided to the annexed
1113	1112		25 territory within three (3) years after the effective date of the
1114	1113		26 annexation in the same manner as those services are provided to
1115	1114		27 areas within the corporate boundaries, regardless of similar
1116	1115		28 topography, patterns of land use, and population density, and in
1117	1116		29 a manner consistent with federal, state, and local laws,
1118	1117		30 procedures, and planning criteria.
1119	1118		31 (6) This subdivision applies to a fiscal plan prepared after June
1120	1119		32 30, 2015. The estimated effect of the proposed annexation on
1121	1120		33 taxpayers in each of the political subdivisions to which the
1122	1121		34 proposed annexation applies, including the expected tax rates, tax
1123	1122		35 levies, expenditure levels, service levels, and annual debt service
1124	1123		36 payments in those political subdivisions for four (4) years after
1125	1124		37 the effective date of the annexation.
1126	1125		38 (7) This subdivision applies to a fiscal plan prepared after June
1127	1126		39 30, 2015. The estimated effect the proposed annexation will have
1128	1127		40 on municipal finances, specifically how municipal tax revenues
1129	1128		41 will be affected by the annexation for four (4) years after the
1130	1129		42 effective date of the annexation.
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	1130	+	2023 IN 219—LS 6858/DI 87 27
1132	1131		1 (8) This subdivision applies to a fiscal plan prepared after June
1133	1132		2 30, 2015. Any estimated effects on political subdivisions in the
1134	1133		3 county that are not part of the annexation and on taxpayers
1135	1134		4 located in those political subdivisions for four (4) years after the
1136	1135		5 effective date of the annexation.
1137	1136		6 (9) This subdivision applies to a fiscal plan prepared after June
1138	1137		7 30, 2015. A list of all parcels of property in the annexation
1139	1138		8 territory and the following information regarding each parcel:
1140	1139		9 (A) The name of the owner of the parcel.
1141	1140		10 (B) The parcel identification number.
1142	1141		11 (C) The most recent assessed value of the parcel.
1143	1142		12 (D) The existence of a known waiver of the right to
1144	1143		13 remonstrate on the parcel. This clause applies only to a fiscal
1145	1144		14 plan prepared after June 30, 2016, and before May 15, 2023.
1146	1145		15 (e) At the hearing under section 12 of this chapter with regard to
1147	1146		16 an annexation for which an annexation ordinance was adopted
1148	1147		17 before May 15, 2023, the court shall do the following:
1149	1148		18 (1) Consider evidence on the conditions listed in subdivision (2).
1150	1149		19 (2) Order a proposed annexation not to take place if the court
1151	1150		20 finds that all of the following conditions that are applicable to the
1152	1151		21 annexation exist in the territory proposed to be annexed:
1153	1152		22 (A) This clause applies only to an annexation for which an
1154	1153		23 annexation ordinance was adopted before July 1, 2015. The
1155	1154		24 following services are adequately furnished by a provider
1156	1155		25 other than the municipality seeking the annexation:
1157	1156		26 (i) Police and fire protection.
1158	1157		27 (ii) Street and road maintenance.
1159	1158		28 (B) The annexation will have a significant financial impact on
1160	1159		29 the residents or owners of land. The court may not consider:
1161	1160		30 (i) the personal finances; or
1162	1161		31 (ii) the business finances;
1163	1162		32 of a resident or owner of land. The personal and business
1164	1163		33 financial records of the residents or owners of land, including
1165	1164		34 state, federal, and local income tax returns, may not be subject
1166	1165		35 to a subpoena or discovery proceedings.
1167	1166		36 (C) The annexation is not in the best interests of the owners of
1168	1167		37 land in the territory proposed to be annexed as set forth in
1169	1168		38 subsection (f).
1170	1169		39 (D) This clause applies only to an annexation for which an
1171	1170		40 annexation ordinance is adopted before July 1, 2015. One (1)
1172	1171		41 of the following opposes the annexation:
1173	1172		42 (i) At least sixty-five percent (65%) of the owners of land in
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	1173	+	2023 IN 219—LS 6858/DI 87 28
1175	1174		1 the territory proposed to be annexed.
1176	1175		2 (ii) The owners of more than seventy-five percent (75%) in
1177	1176		3 assessed valuation of the land in the territory proposed to be
1178	1177		4 annexed.
1179	1178		5 Evidence of opposition may be expressed by any owner of land
1180	1179		6 in the territory proposed to be annexed.
1181	1180		7 (E) This clause applies only to an annexation for which an
1182	1181		8 annexation ordinance is adopted after June 30, 2015, and
1183	1182		9 before May 15, 2023. One (1) of the following opposes the
1184	1183		10 annexation:
1185	1184		11 (i) At least fifty-one percent (51%) of the owners of land in
1186	1185		12 the territory proposed to be annexed.
1187	1186		13 (ii) The owners of more than sixty percent (60%) in assessed
1188	1187		14 valuation of the land in the territory proposed to be annexed.
1189	1188		15 The remonstrance petitions filed with the court under section
1190	1189		16 11 of this chapter are evidence of the number of owners of
1191	1190		17 land that oppose the annexation, minus any written revocations
1192	1191		18 of remonstrances that are filed with the court under section 11
1193	1192		19 of this chapter.
1194	1193		20 (F) This clause applies only to an annexation for which an
1195	1194		21 annexation ordinance is adopted before July 1, 2015. This
1196	1195		22 clause applies only to an annexation in which eighty percent
1197	1196		23 (80%) of the boundary of the territory proposed to be annexed
1198	1197		24 is contiguous to the municipality and the territory consists of
1199	1198		25 not more than one hundred (100) parcels. At least seventy-five
1200	1199		26 percent (75%) of the owners of land in the territory proposed
1201	1200		27 to be annexed oppose the annexation as determined under
1202	1201		28 section 11(b) of this chapter.
1203	1202		29 (f) This subsection applies only to an annexation for which an
1204	1203		30 annexation ordinance is adopted before May 15, 2023. The
1205	1204		31 municipality under subsection (e)(2)(C) bears the burden of proving
1206	1205		32 that the annexation is in the best interests of the owners of land in the
1207	1206		33 territory proposed to be annexed. In determining this issue, the court
1208	1207		34 may consider whether the municipality has extended sewer or water
1209	1208		35 services to the entire territory to be annexed:
1210	1209		36 (1) within the three (3) years preceding the date of the
1211	1210		37 introduction of the annexation ordinance; or
1212	1211		38 (2) under a contract in lieu of annexation entered into under
1213	1212		39 IC 36-4-3-21. section 21 of this chapter.
1214	1213		40 The court may not consider the provision of water services as a result
1215	1214		41 of an order by the Indiana utility regulatory commission to constitute
1216	1215		42 the provision of water services to the territory to be annexed.
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1218	1217		1 (g) The most recent:
1219	1218		2 (1) federal decennial census;
1220	1219		3 (2) federal special census;
1221	1220		4 (3) special tabulation; or
1222	1221		5 (4) corrected population count;
1223	1222		6 shall be used as evidence of resident population density for purposes
1224	1223		7 of subsection (b)(2)(A), but this evidence may be rebutted by other
1225	1224		8 evidence of population density.
1226	1225		9 (h) A municipality that prepares a fiscal plan after June 30, 2015,
1227	1226		10 must comply with this subsection. A municipality may not amend the
1228	1227		11 fiscal plan after the date that:
1229	1228		12 (1) a remonstrance is filed with the court under section 11 of this
1230	1229		13 chapter (in the case of an annexation for which an annexation
1231	1230		14 ordinance was adopted before May 15, 2023); or
1232	1231		15 (2) a petition is filed with the court under section 5.5 of this
1233	1232		16 chapter (in the case of an annexation for which an annexation
1234	1233		17 ordinance was adopted after May 14, 2023);
1235	1234		18 unless amendment of the fiscal plan is consented to by at least
1236	1235		19 sixty-five percent (65%) of the persons who signed the remonstrance
1237	1236		20 or the petition.
1238	1237		21 (i) The municipality must submit proof that the municipality has
1239	1238		22 complied with:
1240	1239		23 (1) the outreach program requirements and notice requirements
1241	1240		24 of section 1.7 of this chapter; and
1242	1241		25 (2) the requirements of section 11.1 of this chapter (in the case of
1243	1242		26 an annexation for which an annexation ordinance was
1244	1243		27 adopted after June 30, 2015, and before May 15, 2023).
1245	1244		28 SECTION 22. IC 36-4-3-15, AS AMENDED BY P.L.228-2015,
1246	1245		29 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1247	1246		30 UPON PASSAGE]: Sec. 15. (a) The court's judgment under section 12
1248	1247		31 or 15.5 of this chapter must specify the annexation ordinance. on which
1249	1248		32 the remonstrance is based. The clerk of the court shall deliver a
1250	1249		33 certified copy of the final and unappealable judgment to the clerk of the
1251	1250		34 municipality. The clerk of the municipality shall:
1252	1251		35 (1) record the judgment in the clerk's ordinance record; and
1253	1252		36 (2) make a cross-reference to the record of the judgment on the
1254	1253		37 margin of the record of the annexation ordinance.
1255	1254		38 (b) If a final and unappealable judgment under section 12 or 15.5 of
1256	1255		39 this chapter is adverse to annexation, the municipality may not make
1257	1256		40 further attempts to annex the territory or any part of the territory during
1258	1257		41 the four (4) years after the later of:
1259	1258		42 (1) the judgment of the circuit or superior court; or
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1261	1260		1 (2) the date of the final disposition of all appeals to a higher court;
1262	1261		2 unless the annexation is petitioned for under section 5 or 5.1 of this
1263	1262		3 chapter.
1264	1263		4 (c) This subsection applies if a municipality repeals the annexation
1265	1264		5 ordinance:
1266	1265		6 (1) less than sixty-one (61) days after the publication of the
1267	1266		7 ordinance under section 7(a) of this chapter; and
1268	1267		8 (2) before the hearing commences:
1269	1268		9 (A) on the remonstrance under section 11(c) of this chapter (in
1270	1269		the 10 case of an annexation for which an annexation
1271	1270		11 ordinance is adopted before May 15, 2023); or
1272	1271		(B) on the petition under section 12 of this chapter (in the12
1273	1272		13 case of an annexation for which an annexation ordinance
1274	1273		14 is adopted after May 14, 2023).
1275	1274		15 A municipality may not make further attempts to annex the territory or
1276	1275		16 any part of the territory during the twelve (12) months after the date the
1277	1276		17 municipality repeals the annexation ordinance. This subsection does
1278	1277		18 not prohibit an annexation of the territory or part of the territory that is
1279	1278		19 petitioned for under section 5 or 5.1 of this chapter.
1280	1279		20 (d) This subsection applies if a municipality repeals the annexation
1281	1280		21 ordinance:
1282	1281		22 (1) at least sixty-one (61) days but not more than one hundred
1283	1282		23 twenty (120) days after the publication of the ordinance under
1284	1283		24 section 7(a) of this chapter; and
1285	1284		25 (2) before the hearing commences:
1286	1285		26 (A) on the remonstrance under section 11(c) of this chapter (in
1287	1286		27 the case of an annexation for which an annexation
1288	1287		28 ordinance is adopted before May 15, 2023); or
1289	1288		(B) on the petition under section 12 of this chapter (in the29
1290	1289		30 case of an annexation for which an annexation ordinance
1291	1290		31 is adopted after May 14, 2023).
1292	1291		32 A municipality may not make further attempts to annex the territory or
1293	1292		33 any part of the territory during the twenty-four (24) months after the
1294	1293		34 date the municipality repeals the annexation ordinance. This subsection
1295	1294		35 does not prohibit an annexation of the territory or part of the territory
1296	1295		36 that is petitioned for under section 5 or 5.1 of this chapter.
1297	1296		37 (e) This subsection applies if a municipality repeals the annexation
1298	1297		38 ordinance:
1299	1298		39 (1) either:
1300	1299		40 (A) at least one hundred twenty-one (121) days after
1301	1300		41 publication of the ordinance under section 7(a) of this chapter
1302	1301		42 but before the hearing commences:
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	1302	+	2023 IN 219—LS 6858/DI 87 31
1304	1303		1 (i) on the remonstrance under section 11(c) of this chapter
1305	1304		2 (in the case of an annexation for which an annexation
1306	1305		3 ordinance is adopted before May 15, 2023); or
1307	1306		(ii) on the petition under section 12 of this chapter (in the4
1308	1307		5 case of an annexation for which an annexation ordinance
1309	1308		6 is adopted after May 14, 2023); or
1310	1309		7 (B) after the hearing commences:
1311	1310		8 (i) on the remonstrance as set forth in section 11(c) of this
1312	1311		9 chapter (in the case of an annexation for which an
1313	1312		10 annexation ordinance is adopted before May 15, 2023);
1314	1313		11 or
1315	1314		(ii) on the petition under section 12 of this chapter (in the12
1316	1315		13 case of an annexation for which an annexation ordinance
1317	1316		14 is adopted after May 14, 2023); and
1318	1317		15 (2) before the date of the judgment of the circuit or superior court
1319	1318		16 as set forth in subsection (b).
1320	1319		17 A municipality may not make further attempts to annex the territory or
1321	1320		18 any part of the territory during the forty-two (42) months after the date
1322	1321		19 the municipality repeals the annexation ordinance. This subsection
1323	1322		20 does not prohibit an annexation of the territory or part of the territory
1324	1323		21 that is petitioned for under section 5 or 5.1 of this chapter.
1325	1324		22 (f) An annexation is effective when the clerk of the municipality
1326	1325		23 complies with the filing requirement of section 22(a) of this chapter.
1327	1326		24 SECTION 23. IC 36-4-3-15.3, AS AMENDED BY P.L.156-2020,
1328	1327		25 SECTION 138, IS AMENDED TO READ AS FOLLOWS
1329	1328		26 [EFFECTIVE UPON PASSAGE]: Sec. 15.3. (a) As used in this
1330	1329		27 section, "prohibition against annexation" means that a municipality
1331	1330		28 may not make further attempts to annex certain territory or any part of
1332	1331		29 that territory.
1333	1332		30 (b) As used in this section, "settlement agreement" means a written
1334	1333		31 court approved settlement of a dispute involving annexation under this
1335	1334		32 chapter between a municipality and remonstrators.
1336	1335		33 (c) Under a settlement agreement between the annexing
1337	1336		34 municipality and either:
1338	1337		35 (1) seventy-five percent (75%) or more of all landowners
1339	1338		36 participating in the remonstrance; or
1340	1339		37 (2) the owners of more than seventy-five percent (75%) in
1341	1340		38 assessed valuation of the land owned by all landowners
1342	1341		39 participating in the remonstrance;
1343	1342		40 the parties may mutually agree to a prohibition against annexation of
1344	1343		41 all or part of the territory by the municipality for a period not to exceed
1345	1344		42 twenty (20) years. The settlement agreement may address issues and
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	1345	+	2023 IN 219—LS 6858/DI 87 32
1347	1346		1 bind the parties to matters relating to the provision by a municipality
1348	1347		2 of planned services of a noncapital nature and services of a capital
1349	1348		3 improvement nature (as described in section 13(d) of this chapter), in
1350	1349		4 addition to a prohibition against annexation. The settlement agreement
1351	1350		5 is binding upon the successors, heirs, and assigns of the parties to the
1352	1351		6 agreement. However, the settlement agreement may be amended or
1353	1352		7 revised periodically on further agreement between the annexing
1354	1353		8 municipality and landowners who meet the qualifications of
1355	1354		9 subdivision (1) or (2).
1356	1355		10 (d) A settlement agreement executed after May 14, 2023, is void.
1357	1356		11 SECTION 24. IC 36-4-3-16 IS AMENDED TO READ AS
1358	1357		12 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 16. (a) This
1359	1358		13 section does not apply to an annexation under:
1360	1359		14 (1) section 4(a)(2), 4(a)(3), 4(b), 4(h), or 4.1 of this chapter; or
1361	1360		15 (2) section 5.1 of this chapter, for which an annexation
1362	1361		16 ordinance is adopted after May 14, 2023.
1363	1362		17 (a) (b) Within one (1) year after the expiration of:
1364	1363		18 (1) the one (1) year period for implementation of planned services
1365	1364		19 of a noncapital nature under section 13(d)(4) of this chapter; or
1366	1365		20 (2) the three (3) year period for the implementation of planned
1367	1366		21 services of a capital improvement nature under section 13(d)(5)
1368	1367		22 of this chapter;
1369	1368		23 any person who pays taxes on property located within the annexed
1370	1369		24 territory may file a complaint alleging injury resulting from the failure
1371	1370		25 of the municipality to implement the plan. The complaint must name
1372	1371		26 the municipality as defendant and shall be filed with the circuit or
1373	1372		27 superior court of the county in which the annexed territory is located.
1374	1373		28 (b) (c) The court shall hear the case within sixty (60) days without
1375	1374		29 a jury. In order to be granted relief, the plaintiff must establish one (1)
1376	1375		30 of the following:
1377	1376		31 (1) That the municipality has without justification failed to
1378	1377		32 implement the plan required by section 13 of this chapter within
1379	1378		33 the specific time limit for implementation after annexation.
1380	1379		34 (2) That the municipality has not provided police protection, fire
1381	1380		35 protection, sanitary sewers, and water for human consumption
1382	1381		36 within the specific time limit for implementation, unless one (1)
1383	1382		37 of these services is being provided by a separate taxing district or
1384	1383		38 by a privately owned public utility.
1385	1384		39 (3) That the annexed territory is not receiving governmental and
1386	1385		40 proprietary services substantially equivalent in standard and scope
1387	1386		41 to the services provided by the municipality to other areas of the
1388	1387		42 municipality, regardless of topography, patterns of land use, and
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	1388	+	2023 IN 219—LS 6858/DI 87 33
1390	1389		1 population density similar to the annexed territory.
1391	1390		2 (c) (d) The court may:
1392	1391		3 (1) grant an injunction prohibiting the collection of taxes levied
1393	1392		4 by the municipality on the plaintiff's property located in the
1394	1393		5 annexed territory;
1395	1394		6 (2) award damages to the plaintiff not to exceed one and
1396	1395		7 one-fourth (1 1/4) times the taxes collected by the municipality
1397	1396		8 for the plaintiff's property located in the annexed territory;
1398	1397		9 (3) order the annexed territory or any part of it to be disannexed
1399	1398		10 from the municipality;
1400	1399		11 (4) order the municipality to submit a revised fiscal plan for
1401	1400		12 providing the services to the annexed territory within time limits
1402	1401		13 set up by the court; or
1403	1402		14 (5) grant any other appropriate relief.
1404	1403		15 (d) (e) A change of venue from the county is not permitted for an
1405	1404		16 action brought under this section.
1406	1405		17 (e) (f) If the court finds for the plaintiff, the defendant shall pay all
1407	1406		18 court costs and reasonable attorney's fees as approved by the court.
1408	1407		19 (f) (g) The provisions of this chapter that apply to territory
1409	1408		20 disannexed by other procedures apply to territory disannexed under this
1410	1409		21 section.
1411	1410		22 SECTION 25. IC 36-4-3-22, AS AMENDED BY P.L.38-2021,
1412	1411		23 SECTION 84, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1413	1412		24 UPON PASSAGE]: Sec. 22. (a) The clerk of the municipality shall file:
1414	1413		25 (1) each annexation ordinance:
1415	1414		26 (A) against which:
1416	1415		27 (A) (i) a remonstrance (in the case of an annexation for
1417	1416		28 which an annexation ordinance is adopted before May
1418	1417		29 15, 2023); or
1419	1418		30 (ii) an appeal;
1420	1419		31 has not been filed during the period permitted under this
1421	1420		32 chapter; or
1422	1421		33 (B) against which a remonstrance was filed without a
1423	1422		34 sufficient number of signatures to meet the requirements of
1424	1423		35 section 11.3(c) of this chapter, in the case of an annexation for
1425	1424		36 which an annexation ordinance was adopted after June 30,
1426	1425		37 2015, and before May 15, 2023; or
1427	1426		38 (2) the certified copy of a final and unappealable judgment
1428	1427		39 ordering an annexation to take place;
1429	1428		40 with the county auditor, circuit court clerk, and board of registration (if
1430	1429		41 a board of registration exists) of each county in which the annexed
1431	1430		42 territory is located, the office of the secretary of state, and the office of
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	1431	+	2023 IN 219—LS 6858/DI 87 34
1433	1432		1 census data established by IC 2-5-1.1-12.2. The clerk of the
1434	1433		2 municipality shall record each annexation ordinance adopted under this
1435	1434		3 chapter in the office of the county recorder of each county in which the
1436	1435		4 annexed territory is located.
1437	1436		5 (b) The ordinance or judgment must be filed and recorded no later
1438	1437		6 than ninety (90) days after:
1439	1438		7 (1) the expiration of the period permitted for:
1440	1439		8 (A) a remonstrance (in the case of an annexation for which
1441	1440		9 an annexation ordinance is adopted before May 15, 2023);
1442	1441		10 or
1443	1442		11 (B) an appeal under section 15.5 of this chapter;
1444	1443		12 (2) the delivery of a certified order under section 15 of this
1445	1444		13 chapter; or
1446	1445		14 (3) the date the county auditor files the written certification with
1447	1446		15 the legislative body under section 11.2 of this chapter, in the case
1448	1447		16 of an annexation:
1449	1448		17 (A) described in subsection (a)(1)(B); and
1450	1449		18 (B) for which an annexation ordinance is adopted before
1451	1450		19 May 15, 2023.
1452	1451		20 (c) Failure to record the annexation ordinance as provided in
1453	1452		21 subsection (a) does not invalidate the ordinance.
1454	1453		22 (d) The county auditor shall forward a copy of any annexation
1455	1454		23 ordinance filed under this section to the following:
1456	1455		24 (1) The county highway department of each county in which the
1457	1456		25 lots or lands affected are located.
1458	1457		26 (2) The county surveyor of each county in which the lots or lands
1459	1458		27 affected are located.
1460	1459		28 (3) Each plan commission, if any, that lost or gained jurisdiction
1461	1460		29 over the annexed territory.
1462	1461		30 (4) The sheriff of each county in which the lots or lands affected
1463	1462		31 are located.
1464	1463		32 (5) The township trustee of each township that lost or gained
1465	1464		33 jurisdiction over the annexed territory.
1466	1465		34 (6) The office of the secretary of state.
1467	1466		35 (7) The office of census data established by IC 2-5-1.1-12.2.
1468	1467		36 (8) The department of local government finance, not later than
1469	1468		37 August 1, in the manner described by the department.
1470	1469		38 (e) The county auditor may require the clerk of the municipality to
1471	1470		39 furnish an adequate number of copies of the annexation ordinance or
1472	1471		40 may charge the clerk a fee for photoreproduction of the ordinance. The
1473	1472		41 county auditor shall notify the office of the secretary of state and the
1474	1473		42 office of census data established by IC 2-5-1.1-12.2 of the date that the
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	1474	+	2023 IN 219—LS 6858/DI 87 35
1476	1475		1 annexation ordinance is effective under this chapter.
1477	1476		2 (f) The county auditor or county surveyor shall, upon determining
1478	1477		3 that an annexation ordinance has become effective under this chapter,
1479	1478		4 indicate the annexation upon the property taxation records maintained
1480	1479		5 in the office of the auditor or the office of the county surveyor.
1481	1480		6 SECTION 26. IC 36-4-7-7, AS AMENDED BY P.L.104-2022,
1482	1481		7 SECTION 162, IS AMENDED TO READ AS FOLLOWS
1483	1482		8 [EFFECTIVE UPON PASSAGE]: Sec. 7. (a) The fiscal officer shall
1484	1483		9 present the report of budget estimates to the city legislative body under
1485	1484		10 IC 6-1.1-17. After reviewing the report, the legislative body shall
1486	1485		11 prepare an ordinance fixing the rate of taxation for the ensuing budget
1487	1486		12 year and an ordinance making appropriations for the estimated
1488	1487		13 department budgets and other city purposes during the ensuing budget
1489	1488		14 year. The legislative body, in the appropriation ordinance, may reduce
1490	1489		15 any estimated item from the figure submitted in the report of the fiscal
1491	1490		16 officer, but it may increase an item only if the executive recommends
1492	1491		17 an increase. The legislative body shall promptly act on the
1493	1492		18 appropriation ordinance.
1494	1493		19 (b) In preparing the ordinances described in subsection (a) the
1495	1494		20 legislative body shall make an allowance for the cost of fire protection
1496	1495		21 to annexed territory described in IC 36-4-3-7(c), IC 36-4-3-7(e), for the
1497	1496		22 year fire protection is first offered to that territory.
1498	1497		23 SECTION 27. IC 36-9-22-2, AS AMENDED BY P.L.156-2020,
1499	1498		24 SECTION 148, IS AMENDED TO READ AS FOLLOWS
1500	1499		25 [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) The power of the
1501	1500		26 municipal works board to fix the terms of a contract under this section
1502	1501		27 applies to contracts for the installation of sewage works that have not
1503	1502		28 been finally approved or accepted for full maintenance and operation
1504	1503		29 by the municipality on July 1, 1979.
1505	1504		30 (b) The works board of a municipality may contract with owners of
1506	1505		31 real property for the construction of sewage works within the
1507	1506		32 municipality or within four (4) miles outside its corporate boundaries
1508	1507		33 in order to provide service for the area in which the real property of the
1509	1508		34 owners is located. The contract must provide, for a period of not to
1510	1509		35 exceed fifteen (15) years, for the payment to the owners and their
1511	1510		36 assigns by any owner of real property who:
1512	1511		37 (1) did not contribute to the original cost of the sewage works;
1513	1512		38 and
1514	1513		39 (2) subsequently taps into, uses, or deposits sewage or storm
1515	1514		40 waters in the sewage works or any lateral sewers connected to
1516	1515		41 them;
1517	1516		42 of a fair pro rata share of the cost of the construction of the sewage
1518		-	SB 219—LS 6858/DI 87 36
	1517	+	2023 IN 219—LS 6858/DI 87 36
1519	1518		1 works, subject to the rules of the board and notwithstanding any other
1520	1519		2 law relating to the functions of local governmental entities. However,
1521	1520		3 the contract does not apply to any owner of real property who is not a
1522	1521		4 party to the contract unless the contract or (after June 30, 2013) a
1523	1522		5 signed memorandum of the contract has been recorded in the office of
1524	1523		6 the recorder of the county in which the real property of the owner is
1525	1524		7 located before the owner taps into or connects to the sewers and
1526	1525		8 facilities. The board may provide that the fair pro rata share of the cost
1527	1526		9 of construction includes interest at a rate not exceeding the amount of
1528	1527		10 interest allowed on judgments, and the interest shall be computed from
1529	1528		11 the date the sewage works are approved until the date payment is made
1530	1529		12 to the municipality.
1531	1530		13 (c) The contract must include, as part of the consideration running
1532	1531		14 to the municipality, the release of the right of:
1533	1532		15 (1) the parties to the contract; and
1534	1533		16 (2) the successors in title of the parties to the contract;
1535	1534		17 to remonstrate against pending or future annexations by the
1536	1535		18 municipality of the area served by the sewage works. Any person
1537	1536		19 tapping into or connecting to the sewage works contracted for is
1538	1537		20 considered to waive the person's rights to remonstrate against the
1539	1538		21 annexation of the area served by the sewage works.
1540	1539		22 (d) Notwithstanding subsection (c), the works board of a
1541	1540		23 municipality may waive the provisions of subsection (c) in the contract
1542	1541		24 if:
1543	1542		25 (1) the works board considers a waiver of subsection (c) to be in
1544	1543		26 the best interests of the municipality; or
1545	1544		27 (2) the contract involves connection to the sewage works under
1546	1545		28 IC 36-9-22.5.
1547	1546		29 (e) This subsection does not affect any rights or liabilities accrued,
1548	1547		30 or proceedings begun before July 1, 2013. Those rights, liabilities, and
1549	1548		31 proceedings continue and shall be imposed and enforced under prior
1550	1549		32 law as if this subsection had not been enacted. For contracts executed
1551	1550		33 after June 30, 2013, if the release of the right to remonstrate is not void
1552	1551		34 under subsection (i), (j), or (k), or (l), the release is binding on a
1553	1552		35 successor in title to a party to the contract only if the successor in title:
1554	1553		36 (1) has actual notice of the release; or
1555	1554		37 (2) has constructive notice of the release because the contract, or
1556	1555		38 a signed memorandum of the contract stating the release, has been
1557	1556		39 recorded in the chain of title of the property.
1558	1557		40 (f) Subsection (c) does not apply to a landowner if all of the
1559	1558		41 following conditions apply:
1560	1559		42 (1) The landowner is required to connect to the sewage works
1561		-	SB 219—LS 6858/DI 87 37
	1560	+	2023 IN 219—LS 6858/DI 87 37
1562	1561		1 because a person other than the landowner has polluted or
1563	1562		2 contaminated the area.
1564	1563		3 (2) The costs of extension of or connection to the sewage works
1565	1564		4 are paid by a person other than the landowner or the municipality.
1566	1565		5 (g) Subsection (c) does not apply to a landowner who taps into,
1567	1566		6 connects to, or is required to tap into or connect to the sewage works
1568	1567		7 of a municipality only because the municipality provides wholesale
1569	1568		8 sewage service (as defined in IC 8-1-2-61.7) to another municipality
1570	1569		9 that provides sewage service to the landowner.
1571	1570		10 (h) This subsection applies to any deed recorded after June 30,
1572	1571		11 2015. This subsection applies only to property that is subject to a
1573	1572		12 remonstrance waiver. A municipality shall provide written notice to
1574	1573		13 any successor in title to property within a reasonable time after the
1575	1574		14 deed is recorded, that a waiver of the right of remonstrance exists with
1576	1575		15 respect to the property.
1577	1576		16 (i) A remonstrance waiver executed on or before July 1, 2003, is
1578	1577		17 void. This subsection does not invalidate an annexation that was
1579	1578		18 effective on or before July 1, 2019.
1580	1579		19 (j) A remonstrance waiver executed after June 30, 2003, and not
1581	1580		20 later than June 30, 2019, is subject to the following:
1582	1581		21 (1) The waiver is void unless the waiver was recorded:
1583	1582		22 (A) before January 1, 2020; and
1584	1583		23 (B) with the county recorder of the county where the property
1585	1584		24 subject to the waiver is located.
1586	1585		25 (2) A waiver that is not void under subdivision (1) or subsection
1587	1586		26 (l) expires not later than fifteen (15) years after the date the
1588	1587		27 waiver is executed.
1589	1588		28 This subsection does not invalidate an annexation that was effective on
1590	1589		29 or before July 1, 2019.
1591	1590		30 (k) A remonstrance waiver executed after June 30, 2019, is subject
1592	1591		31 to the following: (1) The waiver is void unless the waiver is must be
1593	1592		32 recorded (A) not later than thirty (30) business days after the date the
1594	1593		33 waiver was executed and (B) with the county recorder of the county
1595	1594		34 where the property subject to the waiver is located. (2) A waiver that
1596	1595		35 is not void under subdivision (1) expires not later than fifteen (15)
1597	1596		36 years after the date the waiver is executed. This subsection does not
1598	1597		37 invalidate an annexation that was effective on or before July 1, 2019.
1599	1598		38 (l) Notwithstanding any other law, a remonstrance waiver is
1600	1599		39 effective and binding on a landowner or a successor in title to a
1601	1600		40 party to the contract only with regard to an annexation for which
1602	1601		41 the annexation ordinance was adopted before May 15, 2023.
1603	1602		42 SECTION 28. IC 36-9-25-14, AS AMENDED BY P.L.156-2020,
1604		-	SB 219—LS 6858/DI 87 38
	1603	+	2023 IN 219—LS 6858/DI 87 38
1605	1604		1 SECTION 149, IS AMENDED TO READ AS FOLLOWS
1606	1605		2 [EFFECTIVE UPON PASSAGE]: Sec. 14. (a) As to each municipality
1607	1606		3 to which this chapter applies:
1608	1607		4 (1) all the territory included within the corporate boundaries of
1609	1608		5 the municipality; and
1610	1609		6 (2) any territory, town, addition, platted subdivision, or unplatted
1611	1610		7 land lying outside the corporate boundaries of the municipality
1612	1611		8 that has been taken into the district in accordance with a prior
1613	1612		9 statute, the sewage or drainage of which discharges into or
1614	1613		10 through the sewage system of the municipality;
1615	1614		11 constitutes a special taxing district for the purpose of providing for the
1616	1615		12 sanitary disposal of the sewage of the district in a manner that protects
1617	1616		13 the public health and prevents the undue pollution of watercourses of
1618	1617		14 the district.
1619	1618		15 (b) Upon request by:
1620	1619		16 (1) a resolution adopted by the legislative body of another
1621	1620		17 municipality in the same county; or
1622	1621		18 (2) a petition of the majority of the resident freeholders in a
1623	1622		19 platted subdivision or of the owners of unplatted land outside the
1624	1623		20 boundaries of a municipality, if the platted subdivision or
1625	1624		21 unplatted land is in the same county;
1626	1625		22 the board may adopt a resolution incorporating all or any part of the
1627	1626		23 area of the municipality, platted subdivision, or unplatted land into the
1628	1627		24 district.
1629	1628		25 (c) A request under subsection (b) must be signed and certified as
1630	1629		26 correct by the secretary of the legislative body, resident freeholders, or
1631	1630		27 landowners. The original shall be preserved in the records of the board.
1632	1631		28 The resolution of the board incorporating an area in the district must be
1633	1632		29 in writing and must contain an accurate description of the area
1634	1633		30 incorporated into the district. A certified copy of the resolution, signed
1635	1634		31 by the president and secretary of the board, together with a map
1636	1635		32 showing the boundaries of the district and the location of additional
1637	1636		33 areas, shall be delivered to the auditor of the county within which the
1638	1637		34 district is located. It shall be properly indexed and kept in the
1639	1638		35 permanent records of the offices of the auditor.
1640	1639		36 (d) In addition, upon request by ten (10) or more interested resident
1641	1640		37 freeholders in a platted or unplatted territory, the board may define the
1642	1641		38 limits of an area within the county and including the property of the
1643	1642		39 freeholders that is to be considered for inclusion into the district.
1644	1643		40 Notice of the defining of the area by the board, and notice of the
1645	1644		41 location and limits of the area, shall be given by publication in
1646	1645		42 accordance with IC 5-3-1. Upon request by a majority of the resident
1647		-	SB 219—LS 6858/DI 87 39
	1646	+	2023 IN 219—LS 6858/DI 87 39
1648	1647		1 freeholders of the area, the area may be incorporated into the district in
1649	1648		2 the manner provided in this section. The resolution of the board
1650	1649		3 incorporating the area into the district and a map of the area shall be
1651	1650		4 made and filed in the same manner.
1652	1651		5 (e) In addition, a person owning or occupying real property outside
1653	1652		6 the district may enter into a sewer service agreement with the board for
1654	1653		7 connection to the sewage works of the district. If the agreement
1655	1654		8 provides for connection at a later time, the date or the event upon
1656	1655		9 which the service commences shall be stated in the agreement. The
1657	1656		10 agreement may impose any conditions for connection that the board
1658	1657		11 determines. The agreement must also provide the amount of service
1659	1658		12 charge to be charged for connection if the persons are not covered
1660	1659		13 under section 11 of this chapter, with the amount to be fixed by the
1661	1660		14 board in its discretion and without a hearing.
1662	1661		15 (f) All sewer service agreements made under subsection (e) or (after
1663	1662		16 June 30, 2013) a signed memorandum of the sewer service agreement
1664	1663		17 shall be recorded in the office of the recorder of the county where the
1665	1664		18 property is located. The agreements run with the property described
1666	1665		19 and are binding upon the persons owning or occupying the property,
1667	1666		20 their personal representatives, heirs, devisees, grantees, successors, and
1668	1667		21 assigns. Each agreement that is recorded, or each agreement of which
1669	1668		22 a signed memorandum is recorded, and that provides for the property
1670	1669		23 being served to be placed on the tax rolls shall be certified by the board
1671	1670		24 to the auditor of the county where the property is located. The
1672	1671		25 certification must state the date the property is to be placed on the tax
1673	1672		26 rolls, and upon receipt of the certification together with a copy of the
1674	1673		27 agreement, the auditor shall immediately place the property certified
1675	1674		28 upon the rolls of property subject to the levy and collection of taxes for
1676	1675		29 the district. An agreement may provide for the collection of a service
1677	1676		30 charge for the period services are rendered before the levy and
1678	1677		31 collection of the tax.
1679	1678		32 (g) Except as provided in subsections (j) and (l), sewer service
1680	1679		33 agreements made under subsection (e) must contain a waiver provision
1681	1680		34 that persons (other than municipalities) who own or occupy property
1682	1681		35 agree for themselves, their executors, administrators, heirs, devisees,
1683	1682		36 grantees, successors, and assigns that they will:
1684	1683		37 (1) neither object to nor file a remonstrance against the proposed
1685	1684		38 annexation of the property by a municipality within the
1686	1685		39 boundaries of the district;
1687	1686		40 (2) not appeal from an order or a judgment annexing the property
1688	1687		41 to a municipality; and
1689	1688		42 (3) not file a complaint or an action against annexation
1690		-	SB 219—LS 6858/DI 87 40
	1689	+	2023 IN 219—LS 6858/DI 87 40
1691	1690		1 proceedings.
1692	1691		2 (h) This subsection does not affect any rights or liabilities accrued
1693	1692		3 or proceedings begun before July 1, 2013. Those rights, liabilities, and
1694	1693		4 proceedings continue and shall be imposed and enforced under prior
1695	1694		5 law as if this subsection had not been enacted. For contracts executed
1696	1695		6 after June 30, 2013, a waiver of the right to remonstrate under
1697	1696		7 subsection (g) that is not void under subsection (m), (n), or (o), or (p)
1698	1697		8 is binding as to an executor, administrator, heir, devisee, grantee,
1699	1698		9 successor, or assign of a party to a sewer service agreement under
1700	1699		10 subsection (g) only if the executor, administrator, heir, devisee,
1701	1700		11 grantee, successor, or assign:
1702	1701		12 (1) has actual notice of the waiver; or
1703	1702		13 (2) has constructive notice of the waiver because the sewer
1704	1703		14 service agreement or a signed memorandum of the sewer service
1705	1704		15 agreement stating the waiver has been recorded in the chain of
1706	1705		16 title of the property.
1707	1706		17 (i) This section does not affect any sewer service agreements
1708	1707		18 entered into before March 13, 1953. However, this section applies to
1709	1708		19 a remonstrance waiver regardless of when the waiver was executed.
1710	1709		20 (j) Subsection (g) does not apply to a landowner if all of the
1711	1710		21 following conditions apply:
1712	1711		22 (1) The landowner is required to connect to a sewer service
1713	1712		23 because a person other than the landowner has polluted or
1714	1713		24 contaminated the area.
1715	1714		25 (2) The costs of extension of service or connection to the sewer
1716	1715		26 service are paid by a person other than the landowner or the
1717	1716		27 municipality.
1718	1717		28 (k) This subsection applies to any deed recorded after June 30,
1719	1718		29 2015. This subsection applies only to property that is subject to a
1720	1719		30 remonstrance waiver. A municipality shall provide written notice to
1721	1720		31 any successor in title to property within a reasonable time after the
1722	1721		32 deed is recorded, that a waiver of the right of remonstrance has been
1723	1722		33 granted with respect to the property.
1724	1723		34 (l) The board may waive the waiver provision described in
1725	1724		35 subsection (g) in a sewer service agreement made under subsection (e)
1726	1725		36 if the sewer service agreement involves a connection to the district's
1727	1726		37 sewage works under IC 36-9-22.5.
1728	1727		38 (m) A remonstrance waiver executed before July 1, 2003, is void.
1729	1728		39 This subsection does not invalidate an annexation that was effective on
1730	1729		40 or before July 1, 2019.
1731	1730		41 (n) A remonstrance waiver executed after June 30, 2003, and before
1732	1731		42 July 1, 2019, is subject to the following:
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	1732	+	2023 IN 219—LS 6858/DI 87 41
1734	1733		1 (1) The waiver is void unless the waiver was recorded:
1735	1734		2 (A) before January 1, 2020; and
1736	1735		3 (B) with the county recorder of the county where the property
1737	1736		4 subject to the waiver is located.
1738	1737		5 (2) A waiver that is not void under subdivision (1) or subsection
1739	1738		6 (p) expires not later than fifteen (15) years after the date the
1740	1739		7 waiver is executed.
1741	1740		8 This subsection does not invalidate an annexation that was effective on
1742	1741		9 or before July 1, 2019.
1743	1742		10 (o) A remonstrance waiver executed after June 30, 2019, is subject
1744	1743		11 to the following: (1) The waiver is void unless the waiver is must be
1745	1744		12 recorded (A) not later than thirty (30) business days after the date the
1746	1745		13 waiver was executed and (B) with the county recorder of the county
1747	1746		14 where the property subject to the waiver is located. (2) A waiver that
1748	1747		15 is not void under subdivision (1) expires not later than fifteen (15)
1749	1748		16 years after the date the waiver is executed. This subsection does not
1750	1749		17 invalidate an annexation that was effective on or before July 1, 2019.
1751	1750		18 (p) Notwithstanding any other law, a remonstrance waiver is
1752	1751		19 effective and binding on a landowner or a successor in title to a
1753	1752		20 party to the contract only with regard to an annexation for which
1754	1753		21 the annexation ordinance was adopted before May 15, 2023.
1755	1754		22 SECTION 29. An emergency is declared for this act.
1756		-	SB 219—LS 6858/DI 87 42
1757		-	COMMITTEE REPORT
1758		-	Madam President: The Senate Committee on Local Government, to
1759		-	which was referred Senate Bill No. 219, has had the same under
1760		-	consideration and begs leave to report the same back to the Senate with
1761		-	the recommendation that said bill DO PASS.
1762		-	(Reference is to SB 219 as introduced.)
1763		-
1764		-	BUCK, Chairperson
1765		-	Committee Vote: Yeas 6, Nays 4
1766		-	SB 219—LS 6858/DI 87
	1755	+	2023 IN 219—LS 6858/DI 87