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HOUSE BILL No. 1143

Citations Affected: IC 36-5-2-10.

Synopsis: Publication of town ordinances. Provides that if a town publishes any of its ordinances in book or pamphlet form, no other publication is required in order for the ordinance to take effect. Provides that a town ordinance prescribing a penalty or forfeiture for a violation takes effect two weeks after the publication of the book or pamphlet.

Effective: July 1, 2013.

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Candelaria Reardon

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    January 10, 2013, read first time and referred to Committee on Local Government.

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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 2012 Regular Session of the General Assembly.

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

SOURCE: IC 36-5-2-10; (13)IN1143.1.1. -->     SECTION 1. IC 36-5-2-10, AS AMENDED BY P.L.159-2011, SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 10. (a) An ordinance, order, or resolution passed by the legislative body is considered adopted when it is signed by the executive. If required by statute, an adopted ordinance, order, or resolution must be promulgated or published before it takes effect.
    (b) An ordinance prescribing a penalty or forfeiture for a violation must, before it takes effect, be published in the manner prescribed by IC 5-3-1, unless:
        (1) it is published under IC 36-1-5; subsection (c); or
        (2) it declares an emergency requiring its immediate effectiveness and is posted in:
            (A) one (1) public place in each district in the town; or
            (B) a number of public places in the town equal to the number of town legislative body members, if the town has abolished legislative body districts under section 4.1 of this chapter.
     (c) Except as provided in subsection (e), if a town publishes any

of its ordinances in book or pamphlet form, no other publication is required. If an ordinance prescribing a penalty or forfeiture for a violation is published under this subsection, it takes effect two (2) weeks after the publication of the book or pamphlet. Publication under this subsection, if authorized by the legislative body, constitutes presumptive evidence:
        (1) of the ordinances in the book or pamphlet;
        (2) of the date of adoption of the ordinances; and
        (3) that the ordinances have been properly signed, attested, recorded, and approved.
    (c) (d) This section (other than subsection (e)) (f)) does not apply to a zoning ordinance or amendment to a zoning ordinance, or a resolution approving a comprehensive plan, that is adopted under IC 36-7.
    (d) (e) An ordinance increasing a building permit fee on new development must:
        (1) be published:
            (A) one (1) time in accordance with IC 5-3-1; and
            (B) not later than thirty (30) days after the ordinance is adopted by the legislative body in accordance with IC 5-3-1; and
        (2) delay the implementation of the fee increase for ninety (90) days after the date the ordinance is published under subdivision (1).
    (e) (f) Subject to subsection (i), (j), the legislative body shall:
        (1) subject to subsection (f), (g), give written notice to the department of environmental management not later than sixty (60) days before amendment or repeal of an environmental restrictive ordinance; and
        (2) give written notice to the department of environmental management not later than thirty (30) days after passage, amendment, or repeal of an environmental restrictive ordinance.
    (f) (g) Upon written request by the legislative body, the department of environmental management may waive the notice requirement of subsection (e)(1). (f)(1).
    (g) (h) An environmental restrictive ordinance passed or amended after 2009 by the legislative body must state the notice requirements of subsection (e). (f).
    (h) (i) The failure of an environmental restrictive ordinance to comply with subsection (g) (h) does not void the ordinance.
    (i) (j) The notice requirements of subsection (e) (f) apply only if the municipal corporation received under IC 13-25-5-8.5(f) written notice

that the department is relying on the environmental restrictive ordinance referred to in subsection (e) (f) as part of a risk based remediation proposal:
        (1) approved by the department; and
        (2) conducted under IC 13-22, IC 13-23, IC 13-24, IC 13-25-4, or IC 13-25-5.