Introduced Version
HOUSE BILL No. 1087
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 14-33.
Synopsis: Conservancy districts. Provides that if there is a vacancy on
the board of a conservancy district, the board rather than the county
commissioners shall select a member to fill the vacancy. Provides that
if a tie vote of the board results when filling a vacancy, the circuit court
judge shall designate a person to fill the vacancy. Repeals a provision
governing the expansion of a conservancy district located in Hendricks
County.
Effective: July 1, 2004.
Mangus, Cheney, Lytle
January 13, 2004, read first time and referred to Committee on Rules and Legislative
Procedures.
Introduced
Second Regular Session 113th General Assembly (2004)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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HOUSE BILL No. 1087
A BILL FOR AN ACT to amend the Indiana Code concerning
natural and cultural resources.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 14-33-4-2; (04)IN1087.1.1. -->
SECTION 1. IC 14-33-4-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 2. (a) This section
applies to all districts.
except for districts described in section 3 of this
chapter.
(b) To add area to a district already established:
(1) the same procedure must be used as is provided for the
establishment of a district with the petition addressed to the court
having jurisdiction over the district; or
(2) the board may pass a resolution adding additional area to the
district already established if the board has received a petition
that:
(A) is signed by:
(i) the majority of freeholders; or
(ii) a municipality under IC 14-33-2-7;
within the area proposed to be added; and
(B) requests the addition of the area to the district.
The resolution may contain reasonable terms and conditions
imposed on the additional area.
(c) The board shall file the resolution and petition with the court.
(d) Upon receipt of a petition or a petition and a resolution, the court
shall do the following:
(1) Set a date for a hearing.
(2) Have notice published and mailed to:
(A) the commission; and
(B) the freeholders both in the district and in the area proposed
to be added;
in the same manner in which notice is required for notice of the
hearing on the original petition to establish the district.
(e) If:
(1) an objection is not filed at the hearing by:
(A) the commission; or
(B) an owner of real property either in the district or in the
area to be added; and
(2) the court determines that the petition is proper;
the court shall order the district established in the additional area.
(f) If an objection is filed, the court shall do the following:
(1) Determine at the hearing the following:
(A) The sufficiency of the petition.
(B) The necessity and feasibility of adding the area.
(2) Make the order according to the facts found.
SOURCE: IC 14-33-5-12; (04)IN1087.1.2. -->
SECTION 2. IC 14-33-5-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 12. (a) If a vacancy
occurs on the board, the board of commissioners of the county shall
vote to appoint a member to serve until the next annual meeting.
(b) If the vote held under subsection (a) results in a tie, a judge
of the circuit court of the county in which the district was
established shall designate a person to serve as a member until the
next annual meeting.
(c) At the next annual meeting a director shall be elected to
complete the term.
SOURCE: IC 14-33-4-3; (04)IN1087.1.3. -->
SECTION 3. IC 14-33-4-3 IS REPEALED [EFFECTIVE JULY 1,
2004].