SB 283-1_ Filed 01/23/2002, 09:48
COMMITTEE REPORT
MR. PRESIDENT:
The Senate Committee on Environmental Affairs, to which was referred Senate Bill No. 283, has had
the same under consideration and begs leave to report the same back to the Senate with the
recommendation that said bill be AMENDED as follows:
SOURCE: Page 1, line 9; (02)AM028302.1. -->
Page 1, line 9, delete "The" and insert "
Not later than one
hundred twenty (120) days after the effective date of the
withdrawal or removal, the".
Page 4, line 6, strike "may" and insert "
shall, not more than sixty
(60) days after the date the state examiner issues a report under
IC 5-11-1-9.7(b) with respect to the withdrawal or removal,".
Page 4, line 23, after "held" insert ",
not later than forty-five (45)
days after the date the tentative agreement is reached,".
Page 4, line 30, after "agreement." insert "
Each of the county
executives may hold a public meeting required under this section
individually or jointly with one (1) or more other county
executives, the board of the joint district, or both. The board of
the joint district may hold a public meeting required under this
section individually or jointly with one (1) or more county
executives.".
Page 7, after line 42, begin a new paragraph and insert:
"
(i) With respect to a joint district that consists of only two (2)
counties, if the county other than the county that withdraws from
the joint district designates itself as a county district, the board
appointed for the new county district under
IC 13-21-3-4
shall file
a district plan with the commissioner not later than one (1) year
after the date the resolution adopted under
IC 13-21-4-2
for the
withdrawal from the joint district takes effect. The district plan of
the joint district continues to serve as the plan for the new county
district to the extent the terms of the plan apply to the new county
district until the plan of the new county district is approved under
this chapter. If the board fails to file the district plan with the
commissioner not later than one (1) year after the effective date of
the resolution, the commissioner may adopt a district plan for the
new county district.".
Page 8, between lines 2 and 3, begin a new paragraph and insert:
SOURCE: ; (02)AM028302.10. -->
"SECTION 10. [EFFECTIVE UPON PASSAGE]
(a) Except as
provided in this SECTION,
IC 13-21-4
and
IC 13-21-5
, both as in
effect before the effective date of this act, apply to all solid waste
management district withdrawal, withdrawal and dissolution, or
removal proceedings of all counties that comprise a solid waste
management district if:
(1) a county has, by adoption of a resolution by the county
executive before the effective date of this act, determined to:
(A) withdraw from a joint solid waste management
district consisting of more than two (2) counties under
IC 13-21-4-2
(a); or
(B) withdraw from and dissolve a joint solid waste
management district consisting of only two (2) counties
under
IC 13-21-4-2
(b); or
(2) two (2) or more counties that are part of a joint solid
waste management district have, by adoption of a resolution
by the executives of each county before the effective date of
this act, determined to remove a county from the joint
district under
IC 13-21-4-2
(c).
(b) A county referred to in subsection (a)(1) may, by adoption
of a resolution by the county executive before May 1, 2002, make
an election to proceed with the withdrawal or the withdrawal and
dissolution under
IC 13-21-4
and
IC 13-21-5
, both as amended by
this act. After a county makes an election under this subsection to
proceed under
IC 13-21-4
and
IC 13-21-5
, both as amended by this
act, all counties that comprise the solid waste management district
shall proceed with the withdrawal or the withdrawal and
dissolution under
IC 13-21-4
and
IC 13-21-5
, both as amended by
this act.
(c) Two (2) or more counties referred to in subsection (a)(2)
may, by adoption of a resolution by the executives of each county
before May 1, 2002, make an election to proceed with the removal
under
IC 13-21-4
and
IC 13-21-5
, both as amended by this act.
After a county makes an election under this subsection to proceed
under
IC 13-21-4
and
IC 13-21-5
, both as amended by this act, all
counties that comprise the solid waste management district shall
proceed with the removal under
IC 13-21-4
and
IC 13-21-5
, both
as amended by this act.
(d) This SECTION expires January 1, 2004.".
Renumber all SECTIONS consecutively.
(Reference is to SB 283 as introduced.)
and when so amended that said bill do pass .
Committee Vote: Yeas 8, Nays 1.
____________________________________
Senator Gard, Chairperson
AM 028302/DI 52 2002