April 8, 2003
ENGROSSED
HOUSE BILL No. 1492
_____
DIGEST OF HB 1492
(Updated April 7, 2003 10:26 AM - DI 44)
Citations Affected: IC 13-26.
Synopsis: Regional waste districts. Allows a regional water, sewage,
or solid waste district to increase its board of trustees to 11 or 13
members. Allows department of correction representation on the board
of trustees of a district in which a state correctional facility is located.
Effective: July 1, 2003.
Reske, Weinzapfel, Ayres, Heim
(SENATE SPONSORS _ HERSHMAN, LANANE)
January 15, 2003, read first time and referred to Committee on Environmental Affairs.
February 13, 2003, amended, reported _ Do Pass.
February 19, 2003, read second time, ordered engrossed. Engrossed.
February 20, 2003, read third time, passed. Yeas 93, nays 2.
SENATE ACTION
March 4, 2003, read first time and referred to Committee on Environmental Affairs.
April 7, 2003, reported favorably _ Do Pass.
April 8, 2003
First Regular Session 113th General Assembly (2003)
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
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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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
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between statutes enacted by the 2002 Regular or Special Session of the General Assembly.
ENGROSSED
HOUSE BILL No. 1492
A BILL FOR AN ACT to amend the Indiana Code concerning
environmental law.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 13-26-1-2; (03)EH1492.1.1. -->
SECTION 1. IC 13-26-1-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 2. (a) At any time after
the creation of a district, the district, after motion by the district's board,
may file a petition with the department requesting the approval of the
department permitting the district to:
(1) increase or add to the district's purposes or modify the district
plan approved by the department; or
(2) abandon or surrender all or part of a purpose or plan approved
by the department; or
(3) subject to IC 13-26-4-1, increase the number of persons
serving on the board of trustees.
(b) The department may:
(1) approve;
(2) modify and approve; or
(3) reject;
a request received under this section.
SOURCE: IC 13-26-4-1; (03)EH1492.1.2. -->
SECTION 2. IC 13-26-4-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 1. The board of trustees
of a district is the governing body of the district. A board may consist
of:
(1) three (3);
(2) five (5);
(3) seven (7); or
(4) nine (9);
(5) eleven (11); or
(6) thirteen (13);
trustees.
SOURCE: IC 13-26-4-4; (03)EH1492.1.3. -->
SECTION 3. IC 13-26-4-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 4.
(a) If:
(1) a district will include territory in more than one (1) county;
(2) a county executive has filed a petition for a district including
territory owned, leased, or controlled by the department of natural
resources; or
(3) the department of natural resources has filed a petition;
the order establishing the district may provide that the governor
appoints any number of trustees, but less than one-half (1/2) of the
total.
(b) If a district contains or a proposed district will contain a
state correctional facility, the department, when:
(1) issuing an order establishing the district under
IC 13-26-2-10; or
(2) approving or modifying a petition filed by the district's
board of trustees under IC 13-26-1-2;
may allow for the appointment of one (1) member of the board of
trustees of the district by the commissioner of the department of
correction.