IN SB0535 | 2019 | Regular Session

Status

Completed Legislative Action
Spectrum: Moderate Partisan Bill (Republican 7-1)
Status: Passed on May 6 2019 - 100% progression
Action: 2019-05-06 - Public Law 277
Text: Latest bill text (Enrolled) [PDF]

Summary

Extraterritorial powers of municipalities. Repeals the general authority of a city or town (municipality) to regulate conduct or property use endangering public health, safety, and welfare within four miles outside of its municipal boundaries and provides that the repeal: (1) does not void such an ordinance or resolution adopted before January 1, 2019, or prevent the validity of such an ordinance or resolution from being challenged in a legal proceeding; and (2) voids such an ordinance or resolution adopted after December 31, 2018. Repeals the general authority of a municipality to: (1) impose restrictions upon persons or animals in order to prevent injury or disease; and (2) capture and destroy animals; within four miles outside its boundaries. Voids any such ordinances or resolutions adopted by a municipality before July 1, 2019. Provides that a municipality may only exercise eminent domain within the municipality unless a statute expressly provides otherwise. Eliminates the express authority of a municipal park board to acquire property outside its boundaries by eminent domain. Provides that a municipal airport board may exercise eminent domain: (1) within four miles outside its municipal boundaries; and (2) more than four miles outside its municipal boundaries in order to acquire land contiguous to an airport that existed on January 1, 2019. Repeals the general authority of a municipality to do the following with regard to watercourses located within 10 miles outside the municipal boundaries: (1) Change the channel of, dam, dredge, remove an obstruction in, straighten, and widen a watercourse. (2) Regulate the taking of water, or causing or permitting water to escape, from a watercourse. (3) Regulate conduct that might alter the temperature of water, or affect the flow of water, in a watercourse. (4) Regulate the introduction of any substance into a watercourse or onto its banks. (5) Purify the water in a watercourse. Provides that the repeal of the powers in (1) through (5) regarding watercourses: (1) voids any municipal ordinances or resolutions adopted before July 1, 2019, that exercise those powers; (2) does not affect a municipality's ability to take water from a watercourse within the 10 mile area outside its boundaries; and (3) does not affect a municipality's authority under these sections with regard to a municipal park existing on June 30, 2019, that is located within 10 miles outside the municipal boundaries. Allows a municipality to continue to exercise eminent domain to acquire property outside its boundaries, if it has reached a specified point in the eminent domain proceedings on January 1, 2019. Provides that for comprehensive plans that were initially adopted before July 1, 2019, if the municipal plan commission provided in its comprehensive plan for the development of a contiguous unincorporated area, the municipal plan commission may continue to exercise territorial jurisdiction over that area unless the jurisdiction of the municipal plan commission is terminated as provided by law. Provides that for comprehensive plans that are initially adopted after June 30, 2019: (1) If the municipality is located in a county that has not adopted a comprehensive plan covering the contiguous unincorporated area and the municipality is providing municipal services to the contiguous unincorporated area, the municipal plan commission may exercise territorial jurisdiction over that area by filing certain notices. (2) If the municipality is located in a county that has adopted a comprehensive plan and ordinance covering the contiguous unincorporated area, the municipal plan commission may exercise territorial jurisdiction over that area only if it obtains the approval of the county legislative body of each affected county. Provides that the power to aid, maintain, and operate public parks, playgrounds, and recreation facilities and programs may be exercised by a municipality with regard to a municipal park located within 10 miles outside the boundaries of the municipality that exists on June 30, 2019.

Tracking Information

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Title

Extraterritorial powers of municipalities. Repeals the general authority of a city or town (municipality) to regulate conduct or property use endangering public health, safety, and welfare within four miles outside of its municipal boundaries and provides that the repeal: (1) does not void such an ordinance or resolution adopted before January 1, 2019, or prevent the validity of such an ordinance or resolution from being challenged in a legal proceeding; and (2) voids such an ordinance or resolution adopted after December 31, 2018. Repeals the general authority of a municipality to: (1) impose restrictions upon persons or animals in order to prevent injury or disease; and (2) capture and destroy animals; within four miles outside its boundaries. Voids any such ordinances or resolutions adopted by a municipality before July 1, 2019. Provides that a municipality may only exercise eminent domain within the municipality unless a statute expressly provides otherwise. Eliminates the express authority of a municipal park board to acquire property outside its boundaries by eminent domain. Provides that a municipal airport board may exercise eminent domain: (1) within four miles outside its municipal boundaries; and (2) more than four miles outside its municipal boundaries in order to acquire land contiguous to an airport that existed on January 1, 2019. Repeals the general authority of a municipality to do the following with regard to watercourses located within 10 miles outside the municipal boundaries: (1) Change the channel of, dam, dredge, remove an obstruction in, straighten, and widen a watercourse. (2) Regulate the taking of water, or causing or permitting water to escape, from a watercourse. (3) Regulate conduct that might alter the temperature of water, or affect the flow of water, in a watercourse. (4) Regulate the introduction of any substance into a watercourse or onto its banks. (5) Purify the water in a watercourse. Provides that the repeal of the powers in (1) through (5) regarding watercourses: (1) voids any municipal ordinances or resolutions adopted before July 1, 2019, that exercise those powers; (2) does not affect a municipality's ability to take water from a watercourse within the 10 mile area outside its boundaries; and (3) does not affect a municipality's authority under these sections with regard to a municipal park existing on June 30, 2019, that is located within 10 miles outside the municipal boundaries. Allows a municipality to continue to exercise eminent domain to acquire property outside its boundaries, if it has reached a specified point in the eminent domain proceedings on January 1, 2019. Provides that for comprehensive plans that were initially adopted before July 1, 2019, if the municipal plan commission provided in its comprehensive plan for the development of a contiguous unincorporated area, the municipal plan commission may continue to exercise territorial jurisdiction over that area unless the jurisdiction of the municipal plan commission is terminated as provided by law. Provides that for comprehensive plans that are initially adopted after June 30, 2019: (1) If the municipality is located in a county that has not adopted a comprehensive plan covering the contiguous unincorporated area and the municipality is providing municipal services to the contiguous unincorporated area, the municipal plan commission may exercise territorial jurisdiction over that area by filing certain notices. (2) If the municipality is located in a county that has adopted a comprehensive plan and ordinance covering the contiguous unincorporated area, the municipal plan commission may exercise territorial jurisdiction over that area only if it obtains the approval of the county legislative body of each affected county. Provides that the power to aid, maintain, and operate public parks, playgrounds, and recreation facilities and programs may be exercised by a municipality with regard to a municipal park located within 10 miles outside the boundaries of the municipality that exists on June 30, 2019.

Sponsors


Roll Calls

2019-04-24 - House - House - Rules Suspended. Conference Committee Report 1 (Y: 94 N: 3 NV: 1 Abs: 2) [PASS]
2019-04-24 - Senate - Senate - Rules Suspended. Conference Committee Report 1 (Y: 36 N: 13 NV: 0 Abs: 1) [PASS]
2019-04-09 - House - House - Third reading (Y: 69 N: 26 NV: 2 Abs: 3) [PASS]
2019-04-08 - House - House - Amendment #1 (Austin) failed (Y: 39 N: 54 NV: 4 Abs: 3) [FAIL]
2019-04-08 - House - House - Amendment #1 (Austin) failed (Y: 39 N: 54 NV: 4 Abs: 3) [FAIL]
2019-04-02 - House - House - Committee Vote (Y: 11 N: 0 NV: 0 Abs: 2) [PASS]
2019-02-14 - Senate - Third reading (Y: 39 N: 8 NV: 1 Abs: 2) [PASS]
2019-02-07 - Senate - Senate - Committee Vote (Y: 6 N: 1 NV: 0 Abs: 3) [PASS]

History

DateChamberAction
2019-05-06SenatePublic Law 277
2019-05-06SenateSigned by the Governor
2019-04-30SenateSigned by the President of the Senate
2019-04-29HouseSigned by the Speaker
2019-04-24SenateSigned by the President Pro Tempore
2019-04-24HouseRules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 638: yeas 94, nays 3
2019-04-24SenateRules Suspended. Conference Committee Report 1: adopted by the Senate; Roll Call 598: yeas 36, nays 13
2019-04-24HouseCCR # 1 filed in the House
2019-04-24SenateCCR # 1 filed in the Senate
2019-04-15HouseHouse advisors appointed: McNamara, Goodrich, Saunders, Prescott and Jackson
2019-04-15HouseHouse conferees appointed: Gutwein and Austin
2019-04-15SenateSenate advisors appointed: Buck, Lanane and Niemeyer
2019-04-15SenateSenate conferees appointed: Boots and Taylor G
2019-04-11SenateSenate dissented from House amendments
2019-04-11SenateMotion to dissent filed
2019-04-11HouseReturned to the Senate with amendments
2019-04-09HouseRepresentative Goodin added as cosponsor
2019-04-09HouseRule 105.1 suspended
2019-04-09HouseThird reading: passed; Roll Call 444: yeas 69, nays 26
2019-04-08HouseAmendment #5 (Goodrich) prevailed; voice vote
2019-04-08HouseAmendment #4 (Heine) prevailed; voice vote
2019-04-08HouseAmendment #1 (Austin) failed; Roll Call 426: yeas 39, nays 54
2019-04-08HouseSecond reading: amended, ordered engrossed
2019-04-02HouseCommittee report: amend do pass, adopted
2019-03-28HouseRepresentative Stutzman added as cosponsor
2019-03-26HouseRepresentative Miller added as cosponsor
2019-03-07HouseFirst reading: referred to Committee on Select Committee on Government Reduction
2019-02-18SenateReferred to the House
2019-02-14SenateCosponsor: Representative Gutwein
2019-02-14SenateHouse sponsor: Representative Davisson
2019-02-14SenateThird reading: passed; Roll Call 129: yeas 39, nays 8
2019-02-12SenateSenator Niemeyer added as third author
2019-02-12SenateSenator Buck added as second author
2019-02-11SenateAmendment #1 (Boots) prevailed; voice vote
2019-02-11SenateSecond reading: amended, ordered engrossed
2019-02-07SenateCommittee report: amend do pass, adopted
2019-01-14SenateFirst reading: referred to Committee on Local Government
2019-01-14SenateAuthored by Senator Boots

Indiana State Sources

TypeSource
Summaryhttp://iga.in.gov/legislative/2019/bills/senate/535/
Texthttp://iga.in.gov/static-documents/6/4/0/9/64091b5c/SB0535.01.INTR.pdf
Texthttp://iga.in.gov/static-documents/d/0/4/7/d047147d/SB0535.01.INTR.pdf
Texthttp://iga.in.gov/static-documents/8/5/5/2/85528665/SB0535.02.COMS.pdf
Texthttp://iga.in.gov/static-documents/2/e/b/d/2ebdcc39/SB0535.02.COMS.pdf
Texthttp://iga.in.gov/static-documents/3/5/9/e/359e6cc0/SB0535.03.ENGS.pdf
Texthttp://iga.in.gov/static-documents/5/b/d/a/5bda2c8d/SB0535.03.ENGS.pdf
Texthttp://iga.in.gov/static-documents/b/5/3/9/b539a103/SB0535.04.COMH.pdf
Texthttp://iga.in.gov/static-documents/0/f/c/3/0fc3eb7b/SB0535.04.COMH.pdf
Texthttp://iga.in.gov/static-documents/1/7/6/7/176734f3/SB0535.05.ENGH.pdf
Texthttp://iga.in.gov/static-documents/6/0/0/1/6001f6f8/SB0535.05.ENGH.pdf
Texthttp://iga.in.gov/static-documents/f/5/0/f/f50f03e0/SB0535.06.ENRH.pdf
Roll Callhttp://iga.in.gov/static-documents/d/3/a/6/d3a695fd/SB0535.01.INTR.00.pdf
Roll Callhttp://iga.in.gov/static-documents/0/9/a/9/09a98534/SB0535.129.pdf
Roll Callhttp://iga.in.gov/static-documents/f/d/b/a/fdba75b2/SB0535.03.ENGS.00.pdf
Roll Callhttp://iga.in.gov/static-documents/7/d/e/4/7de48acc/SB0535.427.pdf
Roll Callhttp://iga.in.gov/static-documents/d/c/d/7/dcd7aa64/SB0535.426.pdf
Roll Callhttp://iga.in.gov/static-documents/f/0/7/8/f078e775/SB0535.444.pdf
Roll Callhttp://iga.in.gov/static-documents/4/d/6/c/4d6c146b/SB0535.598.pdf
Roll Callhttp://iga.in.gov/static-documents/7/f/5/a/7f5ab168/SB0535.638.pdf

Bill Comments

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