January 6, 2005, read first time and referred to Committee on Local Government.
January 27, 2005, amended, reported _ Do Pass.
January 28, 2005
First Regular Session 114th General Assembly (2005)
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 2004 Regular Session of the General Assembly.
HOUSE BILL No. 1200
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 13-21-3-5; (05)HB1200.1.1. -->
SECTION 1. IC 13-21-3-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 5. (a) Except as
provided in subsections (b) through
(d), (e), 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.
(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.
(e) This subsection applies only to a county that does not contain
a city. If the county executive and the county fiscal body of a
county designated as a county district agree, the board of the
district shall consist of the following nine (9) members:
(1) The three (3) members of the county executive.
(2) Two (2) members of the county fiscal body, chosen by the
county fiscal body.
(3) One (1) member of each of the town legislative bodies of
the four (4) towns in the county having the largest population,
chosen by each town legislative body.