Indiana 2025 Regular Session

Indiana Senate Bill SB0389 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	ES0389.1
	2	+	March 25, 2025
	3	+	ENGROSSED
	4	+	SENATE BILL No. 389
	5	+	_____
	6	+	DIGEST OF SB 389 (Updated March 25, 2025 9:47 am - DI 140)
	7	+	Citations Affected: IC 36-4.
	8	+	Synopsis: Annexation of fire protection district territory. Provides the
	9	+	following with regard to certain annexations that include property
	10	+	within a fire protection district (district) for which the annexation
	11	+	ordinance was adopted on October 7, 2024, the annexed territory does
	12	+	not exceed 50 acres, and the annexed territory consists of vacant land
	13	+	and not more than one (1) residential property: (1) The annexation is
	14	+	effective at least 30 days after the annexation ordinance is adopted,
	15	+	published, and filed with state and county officials. (Under current law,
	16	+	with certain exceptions, an annexation of property within a district
	17	+	takes effect the second January 1 after the ordinance is adopted and
	18	+	filed with state and county officials.) (2) Exempts the municipality
	19	+	from provisions requiring the municipality to: (A) commence fire
	20	+	protection service to the annexed territory on the ordinance's effective
	21	+	date; and (B) notify the district within 10 days of commencing fire
	22	+	protection service to the annexed territory.
	23	+	Effective: October 7, 2024 (retroactive).
	24	+	Buck, Garten
	25	+	(HOUSE SPONSORS — MILLER D, VANNATTER)
	26	+	January 13, 2025, read first time and referred to Committee on Local Government.
	27	+	January 30, 2025, amended, reported favorably — Do Pass; reassigned to Committee on
	28	+	Tax and Fiscal Policy.
	29	+	February 11, 2025, reported favorably — Do Pass.
	30	+	February 13, 2025, read second time, ordered engrossed. Engrossed.
	31	+	February 20, 2025, read third time, passed. Yeas 49, nays 0.
	32	+	HOUSE ACTION
	33	+	March 3, 2025, read first time and referred to Committee on Local Government.
	34	+	March 25, 2025, reported — Do Pass.
	35	+	ES 389—LS 7430/DI 129 March 25, 2025
1	36		First Regular Session of the 124th General Assembly (2025)
2	37		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	38		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	39		additions will appear in this style type, and deletions will appear in this style type.
5	40		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	41		provision adopted), the text of the new provision will appear in this style type. Also, the
7	42		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	43		a new provision to the Indiana Code or the Indiana Constitution.
9	44		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	45		between statutes enacted by the 2024 Regular Session of the General Assembly.
11		-	SENATE ENROLLED ACT No. 389
12		-	AN ACT to amend the Indiana Code concerning local government.
	46	+	ENGROSSED
	47	+	SENATE BILL No. 389
	48	+	A BILL FOR AN ACT to amend the Indiana Code concerning local
	49	+	government.
13	50		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 36-4-3-7.3 IS ADDED TO THE INDIANA CODE
15		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
16		-	OCTOBER 7, 2024 (RETROACTIVE)]: Sec. 7.3. (a) This section
17		-	applies to an annexation that satisfies all of the following:
18		-	(1) The annexation ordinance is adopted on October 7, 2024.
19		-	(2) The annexation territory does not exceed fifty (50) acres.
20		-	(3) All or part of the annexation territory is within a fire
21		-	protection district established after July 1, 1987.
22		-	(4) The annexation territory consists of vacant land except for
23		-	not more than one (1) residential property.
24		-	(b) Section 7(b) and 7(d) of this chapter apply to an annexation
25		-	under this section.
26		-	(c) Section 7(a), 7(c), 7(e), and 7(f) of this chapter do not apply
27		-	to an annexation under this section.
28		-	(d) After an annexation ordinance is adopted, the ordinance
29		-	must be published in the manner prescribed by IC 5-3-1. In the
30		-	absence of an appeal under section 15.5 of this chapter, the
31		-	annexation ordinance takes effect at least thirty (30) days after its
32		-	publication and upon the filing required by section 22(a) of this
33		-	chapter.
34		-	SECTION 2. An emergency is declared for this act.
35		-	SEA 389 President of the Senate
36		-	President Pro Tempore
37		-	Speaker of the House of Representatives
38		-	Governor of the State of Indiana
39		-	Date: Time:
40		-	SEA 389
	51	+	1 SECTION 1. IC 36-4-3-7.3 IS ADDED TO THE INDIANA CODE
	52	+	2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
	53	+	3 OCTOBER 7, 2024 (RETROACTIVE)]: Sec. 7.3. (a) This section
	54	+	4 applies to an annexation that satisfies all of the following:
	55	+	5 (1) The annexation ordinance is adopted on October 7, 2024.
	56	+	6 (2) The annexation territory does not exceed fifty (50) acres.
	57	+	7 (3) All or part of the annexation territory is within a fire
	58	+	8 protection district established after July 1, 1987.
	59	+	9 (4) The annexation territory consists of vacant land except for
	60	+	10 not more than one (1) residential property.
	61	+	11 (b) Section 7(b) and 7(d) of this chapter apply to an annexation
	62	+	12 under this section.
	63	+	13 (c) Section 7(a), 7(c), 7(e), and 7(f) of this chapter do not apply
	64	+	14 to an annexation under this section.
	65	+	15 (d) After an annexation ordinance is adopted, the ordinance
	66	+	16 must be published in the manner prescribed by IC 5-3-1. In the
	67	+	17 absence of an appeal under section 15.5 of this chapter, the
	68	+	ES 389—LS 7430/DI 129 2
	69	+	1 annexation ordinance takes effect at least thirty (30) days after its
	70	+	2 publication and upon the filing required by section 22(a) of this
	71	+	3 chapter.
	72	+	4 SECTION 2. An emergency is declared for this act.
	73	+	ES 389—LS 7430/DI 129 3
	74	+	COMMITTEE REPORT
	75	+	Mr. President: The Senate Committee on Local Government, to
	76	+	which was referred Senate Bill No. 389, has had the same under
	77	+	consideration and begs leave to report the same back to the Senate with
	78	+	the recommendation that said bill be AMENDED as follows:
	79	+	Replace the effective date in SECTION 1 with "[EFFECTIVE
	80	+	OCTOBER 7, 2024 (RETROACTIVE)]".
	81	+	Page 1, line 6, delete "annexed" and insert "annexation".
	82	+	Page 1, between lines 8 and 9, begin a new line block indented and
	83	+	insert:
	84	+	"(4) The annexation territory consists of vacant land except
	85	+	for not more than one (1) residential property.".
	86	+	and when so amended that said bill do pass and be reassigned to the
	87	+	Senate Committee on Tax and Fiscal Policy.
	88	+	(Reference is to SB 389 as introduced.)
	89	+	BUCK, Chairperson
	90	+	Committee Vote: Yeas 10, Nays 0.
	91	+	_____
	92	+	COMMITTEE REPORT
	93	+	Mr. President: The Senate Committee on Tax and Fiscal Policy, to
	94	+	which was referred Senate Bill No. 389, has had the same under
	95	+	consideration and begs leave to report the same back to the Senate with
	96	+	the recommendation that said bill DO PASS.
	97	+	(Reference is to SB 389 as printed January 31, 2025.)
	98	+
	99	+	HOLDMAN, Chairperson
	100	+	Committee Vote: Yeas 13, Nays 0
	101	+	ES 389—LS 7430/DI 129 4
	102	+	COMMITTEE REPORT
	103	+	Mr. Speaker: Your Committee on Local Government, to which was
	104	+	referred Senate Bill 389, has had the same under consideration and
	105	+	begs leave to report the same back to the House with the
	106	+	recommendation that said bill do pass.
	107	+	(Reference is to SB 389 as printed February 12, 2025.)
	108	+
	109	+	MAY
	110	+	Committee Vote: Yeas 10, Nays 0
	111	+	ES 389—LS 7430/DI 129