HB 1130-1_ Filed 01/29/2002, 10:35
Adopted 1/29/2002


Text Box

Adopted Rejected


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COMMITTEE REPORT


                                                        YES:

8

                                                        NO:
0

MR. SPEAKER:
    Your Committee on       Rules and Legislative Procedures     , to which was referred       House Bill 1130     , has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be amended as follows:

    Delete the title and insert the following:
    A BILL FOR AN ACT to amend the Indiana Code concerning local government.

SOURCE: Page 2, line 15; (02)AM113002.2. -->     Page 2, between lines 15 and 16, begin a new paragraph and insert:
SOURCE: IC 13-21-3-5; (02)AM113002.2. -->     "SECTION 2. IC 13-21-3-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 5. (a) Except as provided in subsections (b) through (d), the board of a county district consists of the following members:
        (1) Two (2) members appointed by the county executive from the membership of the county executive.
        (2) One (1) member appointed by the county fiscal body from the membership of the fiscal body.
        (3) One (1) member:
            (A) who is the executive of the municipality having the largest

population in the county if that municipality is a city; or
            (B) appointed from the membership of the legislative body of a town if the town is the municipality having the largest population in the county.
         The executive of a municipality described in clause (A) may appoint an individual to act as the executive's proxy on the board.
        (4) One (1) member of the legislative body of the municipality with the largest population in the county appointed by the legislative body of that municipality.
        (5) One (1) member:
            (A) who is the executive of a city in the county that is not the municipality having the largest population in the county; or
            (B) who is a member of the legislative body of a town that is not the municipality having the largest population in the county;
        and who is appointed by the executive of that county to represent the municipalities in the county other than the municipality having the largest population.
        (6) One (1) additional member appointed by the county executive from the membership of the county executive.
    (b) If a county having a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000) is designated as a county district, the executives of the three (3) cities in the county having the largest populations each serve as a member of the board or may appoint a member of the legislative body of their city to serve as a member of the board. If a county having a population of more than two hundred thousand (200,000) but less than three hundred thousand (300,000) is designated as a county district, the executives of the two (2) cities in the county having the largest populations each serve as a member of the board. If a county having a population of more than two hundred thousand (200,000) but less than three hundred thousand (300,000) is designated as a county district, the board of that county district must include the following:
        (1) One (1) member of the legislative body of the city having the second largest population in the county, appointed by the president of the city legislative body.
        (2) One (1) member of the legislative body of a town located in

the county, appointed by the judge of the circuit court in the county.
    (c) If a county having a consolidated city is designated a county district, the board of public works established under IC 36-3-5-6 constitutes the board of the county district.
    (d) If a county designated as a county district has a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000), the board of the district consists of the following members:
        (1) One (1) member appointed by the county executive from the membership of the county executive.
        (2) Two (2) members appointed from the county fiscal body appointed from the membership of the county fiscal body.
        (3) The executive of each second or third class city or a member of the legislative body of their city appointed by the executive.
        (4) One (1) member of the legislative body of each town appointed by the legislative body.
        (5) One (1) member of the legislative body of the municipality with the largest population in the county appointed by the legislative body of that municipality.
        (6) If a local government unit in the county has an operating final disposal facility located within the unit's jurisdiction, one (1) member of the unit's board of public works appointed by the board of public works.

SOURCE: IC 36-7-13-3; (02)AM113002.3. -->     SECTION 3. IC 36-7-13-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 3. (a) For purposes of this chapter, "improve" means to construct, reconstruct, or repair public ways, sidewalks, sewers, drains, fences, or buildings, and to do all other things that would enhance the value of real property and make it more suitable to industrial use.
    (b) A unit may acquire by purchase, gift, or devise, and own, improve, maintain, sell, lease, convey, contract for, or otherwise deal in, real property for the development of industrial parks or industrial sites.
    (c) A municipality may exercise powers granted by subsection (b) in areas within five (5) miles outside its corporate boundaries.
     (d) When a district is designated under section 12(e) of this chapter, the unit may expend funds for the purposes set forth in

subsections (a) and (b) to:
        (1) develop; or
        (2) enhance the value of;
real property used for retail purposes.
".
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1130 as introduced.)

and when so amended that said bill do pass.

__________________________________

Representative Moses


AM113002/DI 44    2002