Digest Correction - Reprinted

February 26, 2002





ENGROSSED

SENATE BILL No. 193

_____


DIGEST OF SB 193 (Updated February 26, 2002 9:10 AM - DI 87)



Citations Affected: IC 36-4.

Synopsis: Annexation of agricultural land. Adds Danville, Brownsburg, Fortville, McCordsville, and Cumberland to the municipalities that may exempt agricultural land from municipal property tax liability when the land is annexed and until the land is rezoned. Requires territory annexed by Avon, Plainfield, Danville, and Brownsburg to be contained within one township. Updates population parameters to reflect changes in the 2000 decennial census.

Effective: July 1, 2002.





Gard, Miller
(HOUSE SPONSORS _ GRUBB, CHERRY, MURPHY)




    January 7, 2002, read first time and referred to Committee on Governmental and Regulatory Affairs.
    January 17, 2002, amended, reported favorably _ Do Pass.
    January 22, 2002, read second time, ordered engrossed.
    January 23, 2002, engrossed.
    January 24, 2002, read third time, passed. Yeas 47, nays 1.

HOUSE ACTION

    February 5, 2002, read first time and referred to Committee on Agriculture, Natural Resources and Rural Development.
    February 21, 2002, amended, reported _ Do Pass.
    February 25, 2002, read second time, amended, ordered engrossed.





Digest Correction - Reprinted

February 26, 2002

Second Regular Session 112th General Assembly (2002)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2001 General Assembly.


ENGROSSED

SENATE BILL No. 193



    A BILL FOR AN ACT to amend the Indiana Code concerning local government.

Be it enacted by the General Assembly of the State of Indiana:

    SECTION 1. IC 36-4-3-4.1, AS AMENDED BY P.L.224-2001, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 4.1. (a) This section applies to the following:
        (1) A municipality having a population of:
            (A) more than ten thousand (10,000) but less than fifteen thousand (15,000); or
            (B) more than four thousand (4,000) but less than four thousand two hundred fifty (4,250); five thousand (5,000) but less than six thousand three hundred (6,300);
             (C) more than ten thousand (10,000) but less than fifteen thousand (15,000); or
             (D) more than six thousand three hundred (6,300) but less than ten thousand (10,000);
        located in a county having a population of more than seventy-five thousand (75,000) but less than seventy-eight thousand (78,000) one hundred thousand (100,000) but less than one hundred five thousand (105,000).


        (2) A municipality having a population of more than thirty-three thousand (33,000) but less than thirty-three thousand eight hundred fifty (33,850) thirty-two thousand eight hundred (32,800) but less than thirty-three thousand (33,000) located in a county having a population of more than one hundred seven thousand (107,000) but less than one hundred eight thousand (108,000). one hundred ten thousand (110,000) but less than one hundred fifteen thousand (115,000).
        (3) A municipality that is located in a county having a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000).
        (4) A town having a population of more than five thousand (5,000) but less than six thousand (6,000) nine thousand (9,000) but less than thirty thousand (30,000) located in a county having a population of more than one hundred eight thousand (108,000) but less than one hundred eight thousand nine hundred fifty (108,950). one hundred eighty thousand (180,000) but less than one hundred eighty-two thousand seven hundred ninety (182,790).
        (5) A municipality having a population of:
            (A) more than three thousand (3,000); or
            (B) more than one thousand (1,000) but less than one thousand two hundred (1,200);
        located in a county with a population of more than fifty-five thousand (55,000) but less than sixty-five thousand (65,000).
        (6) A town having a population of more than five thousand (5,000) but less than ten thousand (10,000), the majority of which is located in a county containing a consolidated city.

    (b) Except as provided in subsection (c), the legislative body of a municipality to which this section applies may, by ordinance, annex territory that:
        (1) is contiguous to the municipality;
        (2) in the case of a municipality described in subsection (a)(1), has its entire area within the township within which the municipality is primarily located; and
        (3) is owned by a property owner who consents to the annexation.
    (c) Subsection (b)(2) does not apply to a municipality having a population of:
        (1) more than six thousand (6,000) but less than six thousand five hundred (6,500) five thousand (5,000) but less than eight thousand (8,000); or
        (2) more than eight thousand seven hundred (8,700) but less than

eight thousand nine hundred (8,900) nine thousand (9,000) but less than twelve thousand five hundred (12,500) in a county having a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000).
    (d) Territory annexed under this section is exempt from all property tax liability under IC 6-1.1 for municipal purposes for all portions of the annexed territory that is classified for zoning purposes as agriculture and remains exempt from the property tax liability while the property's zoning classification remains agriculture.
    (e) There may not be a change in the zoning classification of territory annexed under this section without the consent of the owner of the annexed territory.
     (f) Notwithstanding any other law, territory that is annexed under this section is not considered a part of the municipality for the purposes of annexing additional territory.