January 25, 2010
HOUSE BILL No. 1102
_____
DIGEST OF HB 1102
(Updated January 20, 2010 1:08 pm - DI 103)
Citations Affected: IC 36-7.
Synopsis: Economic improvement districts. Provides that a petition to
establish an economic improvement district must contain signatures
from: (1) a majority of the owners of real property in the proposed
district; and (2) the owners of real property constituting more than 50%
of the assessed valuation in the proposed district. (Current law requires
the signatures of: (1) a majority of the owners of real property in the
proposed district; and (2) the owners of real property constituting at
least 66 2/3% of the assessed valuation in the proposed district.)
Effective: July 1, 2010.
January 5, 2010, read first time and referred to Committee on Small Business and
Economic Development.
January 25, 2010, reported _ Do Pass.
January 25, 2010
Second Regular Session 116th General Assembly (2010)
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HOUSE BILL No. 1102
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:
SOURCE: IC 36-7-22-7; (10)HB1102.1.1. -->
SECTION 1. IC 36-7-22-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 7. (a) After conducting
a hearing on the proposed economic improvement district, the
legislative body may adopt an ordinance establishing the economic
improvement district if it determines that:
(1) the petition meets the requirements of this section and sections
4 and 5 of this chapter;
(2) the economic improvement projects to be undertaken in the
district will provide special benefits to property owners in the
district and will be of public utility and benefit;
(3) the benefits provided by the project will be new benefits that
do not replace benefits existing before the establishment of the
district; and
(4) the formula to be used for the assessment of benefits is
appropriate.
(b) The legislative body may adopt the ordinance only if it
determines that the petition has been signed by:
(1) a majority of the owners of real property within the proposed
district; and
(2) the owners of real property constituting
at least sixty-six and
two-thirds percent (66 2/3%) more than fifty percent (50%) of
the assessed valuation in the proposed district.
(c) The signature of a person whose property would be exempt from
assessments under the ordinance may not be considered in determining
whether the requirements of subsection (b) are met. In addition, the
assessed valuation of any property that would be exempt from
assessment under the ordinance may not be considered in determining
the total assessed valuation in the proposed district.