Indiana 2024 Regular Session

Indiana Senate Bill SB0248 Compare Versions

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

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 248
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 36-4-3-4; IC 36-7-30-5.
7	7	Synopsis: Economic development. Allows a city on the Ohio River
8	8	that established a port authority to annex territory that is not contiguous
9	9	to the city boundaries if a railroad owned by the port authority connects
10	10	the city to the annexed territory. Prohibits a public official from being
11	11	appointed to the executive board of a military base reuse authority after
12	12	June 30, 2024, and sets certain minimum qualifications for members.
13	13	Effective: July 1, 2024.
14	14	Garten, Maxwell, Byrne
15	15	January 11, 2024, read first time and referred to Committee on Commerce and Technology.
16	16	2024 IN 248—LS 6724/DI 51 Introduced
17	17	Second Regular Session of the 123rd General Assembly (2024)
18	18	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
19	19	Constitution) is being amended, the text of the existing provision will appear in this style type,
20	20	additions will appear in this style type, and deletions will appear in this style type.
21	21	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
22	22	provision adopted), the text of the new provision will appear in this style type. Also, the
23	23	word NEW will appear in that style type in the introductory clause of each SECTION that adds
24	24	a new provision to the Indiana Code or the Indiana Constitution.
25	25	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
26	26	between statutes enacted by the 2023 Regular Session of the General Assembly.
27	27	SENATE BILL No. 248
28	28	A BILL FOR AN ACT to amend the Indiana Code concerning local
29	29	government.
30	30	Be it enacted by the General Assembly of the State of Indiana:
31	31	1 SECTION 1. IC 36-4-3-4, AS AMENDED BY P.L.105-2022,
32	32	2 SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33	33	3 JULY 1, 2024]: Sec. 4. (a) The legislative body of a municipality may,
34	34	4 by ordinance, annex any of the following:
35	35	5 (1) Territory that is contiguous to the municipality.
36	36	6 (2) Territory that is not contiguous to the municipality and is
37	37	7 occupied by a municipally owned or operated as either of the
38	38	8 following:
39	39	9 (A) An airport or landing field.
40	40	10 (B) A wastewater treatment facility or water treatment facility.
41	41	11 After a municipality annexes territory under this clause, the
42	42	12 municipality may annex additional territory to enlarge the
43	43	13 territory for the use of the wastewater treatment facility or
44	44	14 water treatment facility only if the county legislative body
45	45	15 approves that use of the additional territory by ordinance.
46	46	16 (3) Territory that is not contiguous to the municipality but is
47	47	17 found by the legislative body to be occupied by:
48	48	2024 IN 248—LS 6724/DI 51 2
49	49	1 (A) a municipally owned or regulated sanitary landfill, golf
50	50	2 course, or hospital;
51	51	3 (B) a police station of the municipality; or
52	52	4 (C) a solar electric generating facility that is or will be
53	53	5 interconnected to an electric utility owned by the municipality.
54	54	6 However, if territory annexed under subdivision (2) or (3) ceases to be
55	55	7 used for the purpose for which the territory was annexed for at least
56	56	8 one (1) year, the territory reverts to the jurisdiction of the unit having
57	57	9 jurisdiction before the annexation if the unit that had jurisdiction over
58	58	10 the territory still exists. If the unit no longer exists, the territory reverts
59	59	11 to the jurisdiction of the unit that would currently have jurisdiction over
60	60	12 the territory if the annexation had not occurred. The clerk of the
61	61	13 municipality shall notify the offices required to receive notice of a
62	62	14 disannexation under section 19 of this chapter when the territory
63	63	15 reverts to the jurisdiction of the unit having jurisdiction before the
64	64	16 annexation. Territory that is annexed under subdivision (2) (including
65	65	17 territory that is enlarged under subdivision (2)(B) for the use of the
66	66	18 wastewater treatment facility or water treatment facility) or subdivision
67	67	19 (3) may not be considered a part of the municipality for purposes of
68	68	20 annexing additional territory.
69	69	21 (b) This subsection applies to municipalities in any of the following
70	70	22 counties:
71	71	23 (1) A county having a population of more than sixty-six thousand
72	72	24 six hundred (66,600) and less than seventy thousand (70,000).
73	73	25 (2) A county having a population of more than eighty-two
74	74	26 thousand (82,000) and less than eighty-three thousand (83,000).
75	75	27 (3) A county having a population of more than eighty thousand
76	76	28 four hundred (80,400) and less than eighty-two thousand
77	77	29 (82,000).
78	78	30 (4) A county having a population of more than forty-six thousand
79	79	31 (46,000) and less than forty-six thousand four hundred (46,400).
80	80	32 (5) A county having a population of more than thirty-seven
81	81	33 thousand (37,000) and less than thirty-seven thousand nine
82	82	34 hundred (37,900).
83	83	35 (6) A county having a population of more than thirty-six thousand
84	84	36 five hundred (36,500) and less than thirty-six thousand seven
85	85	37 hundred (36,700).
86	86	38 (7) A county having a population of more than thirty-two
87	87	39 thousand (32,000) and less than thirty-three thousand (33,000).
88	88	40 (8) A county having a population of more than twenty-three
89	89	41 thousand (23,000) and less than twenty-three thousand three
90	90	42 hundred seventy-five (23,375).
91	91	2024 IN 248—LS 6724/DI 51 3
92	92	1 (9) A county having a population of more than two hundred
93	93	2 thousand (200,000) and less than two hundred fifty thousand
94	94	3 (250,000).
95	95	4 (10) A county having a population of more than two hundred fifty
96	96	5 thousand (250,000) and less than three hundred thousand
97	97	6 (300,000).
98	98	7 (11) A county having a population of more than thirty thousand
99	99	8 nine hundred (30,900) and less than thirty-two thousand (32,000).
100	100	9 (12) A county having a population of more than eighty thousand
101	101	10 (80,000) and less than eighty thousand four hundred (80,400).
102	102	11 Except as provided in subsection (c), the legislative body of a
103	103	12 municipality to which this subsection applies may, by ordinance, annex
104	104	13 territory that is not contiguous to the municipality, has its entire area
105	105	14 not more than two (2) miles from the municipality's boundary, is to be
106	106	15 used for an industrial park containing one (1) or more businesses, and
107	107	16 is either owned by the municipality or by a property owner who
108	108	17 consents to the annexation. However, if territory annexed under this
109	109	18 subsection is not used as an industrial park within five (5) years after
110	110	19 the date of passage of the annexation ordinance, or if the territory
111	111	20 ceases to be used as an industrial park for at least one (1) year, the
112	112	21 territory reverts to the jurisdiction of the unit having jurisdiction before
113	113	22 the annexation if the unit that had jurisdiction over the territory still
114	114	23 exists. If the unit no longer exists, the territory reverts to the
115	115	24 jurisdiction of the unit that would currently have jurisdiction over the
116	116	25 territory if the annexation had not occurred. The clerk of the
117	117	26 municipality shall notify the offices entitled to receive notice of a
118	118	27 disannexation under section 19 of this chapter when the territory
119	119	28 reverts to the jurisdiction of the unit having jurisdiction before the
120	120	29 annexation.
121	121	30 (c) A city in a county with a population of more than two hundred
122	122	31 fifty thousand (250,000) and less than three hundred thousand
123	123	32 (300,000) may not annex territory as prescribed in subsection (b) until
124	124	33 the territory is zoned by the county for industrial purposes.
125	125	34 (d) Notwithstanding any other law, territory that is annexed under
126	126	35 subsection (b) or (h) is not considered a part of the municipality for the
127	127	36 purposes of:
128	128	37 (1) annexing additional territory:
129	129	38 (A) in a county that is not described by clause (B); or
130	130	39 (B) in a county having a population of more than two hundred
131	131	40 fifty thousand (250,000) and less than three hundred thousand
132	132	41 (300,000), unless the boundaries of the noncontiguous territory
133	133	42 become contiguous to the city, as allowed by Indiana law;
134	134	2024 IN 248—LS 6724/DI 51 4
135	135	1 (2) expanding the municipality's extraterritorial jurisdictional
136	136	2 area; or
137	137	3 (3) changing an assigned service area under IC 8-1-2.3-6(1).
138	138	4 (e) As used in this section, "airport" and "landing field" have the
139	139	5 meanings prescribed by IC 8-22-1.
140	140	6 (f) As used in this section, "hospital" has the meaning prescribed by
141	141	7 IC 16-18-2-179(b).
142	142	8 (g) An ordinance adopted under this section must assign the
143	143	9 territory annexed by the ordinance to at least one (1) municipal
144	144	10 legislative body district.
145	145	11 (h) This subsection applies to a city having a population of more
146	146	12 than twenty-eight thousand (28,000) and less than twenty-nine
147	147	13 thousand (29,000). The city legislative body may, by ordinance, annex
148	148	14 territory that:
149	149	15 (1) is not contiguous to the city;
150	150	16 (2) has its entire area not more than eight (8) miles from the city's
151	151	17 boundary;
152	152	18 (3) does not extend more than:
153	153	19 (A) one and one-half (1 1/2) miles to the west;
154	154	20 (B) three-fourths (3/4) mile to the east;
155	155	21 (C) one-half (1/2) mile to the north; or
156	156	22 (D) one-half (1/2) mile to the south;
157	157	23 of an interchange of an interstate highway (as designated by the
158	158	24 federal highway authorities) and a state highway (as designated
159	159	25 by the state highway authorities); and
160	160	26 (4) is owned by the city or by a property owner that consents to
161	161	27 the annexation.
162	162	28 (i) This subsection applies to a city having a population of more
163	163	29 than thirty-four thousand (34,000) and less than thirty-four thousand
164	164	30 five hundred (34,500). The city legislative body may, by ordinance,
165	165	31 annex territory under section 5.1 of this chapter:
166	166	32 (1) that is not contiguous to the city;
167	167	33 (2) that is south of the southernmost boundary of the city;
168	168	34 (3) the entire area of which is not more than four (4) miles from
169	169	35 the city's boundary; and
170	170	36 (4) that does not extend more than one (1) mile to the east of a
171	171	37 state highway (as designated by the state highway authorities).
172	172	38 Territory annexed under this subsection is not considered a part of the
173	173	39 city for purposes of annexation of additional territory. A city may not
174	174	40 require connection to a sewer installed to provide service to territory
175	175	41 annexed under this subsection.
176	176	42 (j) A third class city may annex a residential development under
177	177	2024 IN 248—LS 6724/DI 51 5
178	178	1 section 5.2 of this chapter that is not contiguous to the city.
179	179	2 (k) This subsection applies in a county that abuts the Ohio
180	180	3 River. A city may annex territory that is not contiguous under
181	181	4 section 5.1 of this chapter if all of the following apply:
182	182	5 (1) The city has established a port authority under IC 8-10-5.
183	183	6 (2) The port authority owns a railroad.
184	184	7 (3) The railroad connects the corporate limits of the city to the
185	185	8 annexation territory.
186	186	9 The width limitation in section 1.5(a) of this chapter does not apply
187	187	10 to the railroad right-of-way for purposes of annexation by the city
188	188	11 under section 5 or 5.1 of this chapter.
189	189	12 SECTION 2. IC 36-7-30-5, AS AMENDED BY P.L.257-2019,
190	190	13 SECTION 134, IS AMENDED TO READ AS FOLLOWS
191	191	14 [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) Except as provided in
192	192	15 subsection (b), each member of a military base reuse authority shall
193	193	16 serve the longer of three (3) years beginning with the first day of
194	194	17 January after the member's appointment or until the member's
195	195	18 successor has been appointed and qualified. If a vacancy occurs, a
196	196	19 successor shall be appointed in the same manner as the original
197	197	20 member, and the successor shall serve for the remainder of the vacated
198	198	21 term.
199	199	22 (b) In the case of a municipal military base reuse authority in an
200	200	23 excluded city located in a county with a consolidated city, the original
201	201	24 members shall serve for the following terms:
202	202	25 (1) A member appointed by the executive of the excluded city or
203	203	26 the consolidated city executive shall serve for the longer of three
204	204	27 (3) years beginning with the first day of January after the
205	205	28 member's appointment or until the member's successor is
206	206	29 appointed and qualified.
207	207	30 (2) A member appointed by the legislative body of the excluded
208	208	31 city or the consolidated city legislative body shall serve for the
209	209	32 longer of one (1) year beginning with the first day of January after
210	210	33 the member's appointment or until the member's successor is
211	211	34 appointed and qualified.
212	212	35 (3) A member appointed by the board of county commissioners
213	213	36 shall serve for the longer of two (2) years beginning with the first
214	214	37 day of January after the member's appointment or until the
215	215	38 member's successor is appointed and qualified.
216	216	39 (c) After June 30, 2024, a member appointed to a military base
217	217	40 reuse authority must have knowledge of and at least five (5) years
218	218	41 professional work experience in at least one (1) of the following:
219	219	42 (1) Regional economic development.
220	220	2024 IN 248—LS 6724/DI 51 6
221	221	1 (2) Business or finance.
222	222	2 (3) Private or nonprofit sector.
223	223	3 A public official (as defined in IC 36-1-8.5-4.5) may not be
224	224	4 appointed as a member of a military base reuse authority for a
225	225	5 term that commences after June 30, 2024.
226	226	6 (c) (d) Each member of a reuse authority, before beginning the
227	227	7 member's duties, shall take and subscribe an oath of office in the usual
228	228	8 form, to be endorsed on the certificate of the member's appointment.
229	229	9 The endorsed certificate must be promptly filed with the clerk for the
230	230	10 unit that the member serves.
231	231	11 (d) (e) Each member of a reuse authority, before beginning the
232	232	12 member's duties, shall execute a bond payable to the state, with surety
233	233	13 to be approved by the executive of the unit. The bond must be in the
234	234	14 penal sum of fifteen thousand dollars ($15,000) and must be
235	235	15 conditioned on the faithful performance of the duties of the member's
236	236	16 office and the accounting for all money and property that may come
237	237	17 into the member's hands or under the member's control. The cost of the
238	238	18 bond shall be paid by the special taxing district.
239	239	19 (e) (f) A member of a reuse authority must be at least eighteen (18)
240	240	20 years of age and must be a resident of the unit responsible for the
241	241	21 member's appointment.
242	242	22 (f) (g) If a member ceases to be qualified under this section, the
243	243	23 member forfeits the member's office.
244	244	24 (g) (h) Members of a reuse authority are not entitled to salaries but
245	245	25 are entitled to reimbursement for expenses necessarily incurred in the
246	246	26 performance of their duties.
247	247	2024 IN 248—LS 6724/DI 51