HB 1478-2_ Filed 04/09/2007, 10:05 Heinold
Adopted 4/10/2007

SENATE MOTION


MADAM PRESIDENT:

    I move
that Engrossed House Bill 1478 be amended to read as follows:

SOURCE: Page 177, line 12; (07)MO147806.177. -->     Page 177, between lines 12 and 13, begin a new paragraph and insert:
SOURCE: IC 36-4-3-4; (07)MO147806.146. -->     "SECTION 146. IC 36-4-3-4, AS AMENDED BY P.L.111-2005, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 4. (a) The legislative body of a municipality may, by ordinance, annex any of the following:
        (1) Territory that is contiguous to the municipality.
        (2) Territory that is not contiguous to the municipality and is occupied by a municipally owned or operated airport or landing field.
        (3) Territory that is not contiguous to the municipality but is found by the legislative body to be occupied by a municipally owned or regulated sanitary landfill, golf course, or hospital. However, if territory annexed under this subsection ceases to be used as a municipally owned or regulated sanitary landfill, golf course, or hospital for at least one (1) year, the territory reverts to the jurisdiction of the unit having jurisdiction before the annexation if the unit that had jurisdiction over the territory still exists. If the unit no longer exists, the territory reverts to the jurisdiction of the unit that would currently have jurisdiction over the territory if the annexation had not occurred. The clerk of the municipality shall notify the offices required to receive notice of a disannexation under section 19 of this chapter when the territory reverts to the jurisdiction of the unit having jurisdiction before the annexation.
    (b) This subsection applies to municipalities in a county having a population of:
        (1) more than seventy-three thousand (73,000) but less than seventy-four thousand (74,000);
        (2) more than seventy-one thousand four hundred (71,400) but less than seventy-three thousand (73,000);
        (3) more than seventy thousand (70,000) but less than seventy-one thousand (71,000);
        (4) more than forty-five thousand (45,000) but less than forty-five thousand nine hundred (45,900);
        (5) more than forty thousand nine hundred (40,900) but less than forty-one thousand (41,000);
        (6) more than thirty-eight thousand (38,000) but less than thirty-nine thousand (39,000);
        (7) more than thirty thousand (30,000) but less than thirty thousand seven hundred (30,700);
        (8) more than twenty-three thousand five hundred (23,500) but less than twenty-four thousand (24,000); or
        (9) more than one hundred eighty-two thousand seven hundred ninety (182,790) but less than three hundred thousand (300,000); or
        (10) more than one hundred forty-five thousand (145,000) but less than one hundred forty-eight thousand (148,000).

Except as provided in subsection (c), the legislative body of a municipality to which this subsection applies may, by ordinance, annex territory that is not contiguous to the municipality, has its entire area not more than two (2) miles from the municipality's boundary, is to be used for an industrial park containing one (1) or more businesses, and is either owned by the municipality or by a property owner who consents to the annexation. However, if territory annexed under this subsection is not used as an industrial park within five (5) years after the date of passage of the annexation ordinance, or if the territory ceases to be used as an industrial park for at least one (1) year, the territory reverts to the jurisdiction of the unit having jurisdiction before the annexation if the unit that had jurisdiction over the territory still exists. If the unit no longer exists, the territory reverts to the jurisdiction of the unit that would currently have jurisdiction over the territory if the annexation had not occurred. The clerk of the municipality shall notify the offices entitled to receive notice of a disannexation under section 19 of this chapter when the territory reverts to the jurisdiction of the unit having jurisdiction before the annexation.
    (c) A city in a county with a population of more than two hundred thousand (200,000) but less than three hundred thousand (300,000) may not annex territory as prescribed in subsection (b) until the territory is zoned by the county for industrial purposes.
    (d) Notwithstanding any other law, territory that is annexed under subsection (b) or (h) is not considered a part of the municipality for the purposes of:
        (1) annexing additional territory:
            (A) in a county that is not described by clause (B); or
            (B) in a county having a population of more than two hundred thousand (200,000) but less than three hundred thousand

(300,000), unless the boundaries of the noncontiguous territory become contiguous to the city, as allowed by Indiana law;
        (2) expanding the municipality's extraterritorial jurisdictional area; or
        (3) changing an assigned service area under IC 8-1-2.3-6(1).
    (e) As used in this section, "airport" and "landing field" have the meanings prescribed by IC 8-22-1.
    (f) As used in this section, "hospital" has the meaning prescribed by IC 16-18-2-179(b).
    (g) An ordinance adopted under this section must assign the territory annexed by the ordinance to at least one (1) municipal legislative body district.
    (h) This subsection applies to a city having a population of more than thirty-one thousand (31,000) but less than thirty-two thousand (32,000). The legislative body of a city may, by ordinance, annex territory that:
        (1) is not contiguous to the city;
        (2) has its entire area not more than eight (8) miles from the city's boundary;
        (3) does not extend more than:
            (A) one and one-half (1 1/2) miles to the west;
            (B) three-fourths (3/4) mile to the east;
            (C) one-half (1/2) mile to the north; or
            (D) one-half (1/2) mile to the south;
        of an interchange of an interstate highway (as designated by the federal highway authorities) and a state highway (as designated by the state highway authorities); and
        (4) is owned by the city or by a property owner that consents to the annexation.".
    Renumber all SECTIONS consecutively.
    (Reference is to EHB 1478 as printed April 6, 2007.)

________________________________________

Senator HEINOLD


MO147806/DI 87
2007