HB 1250-1_ Filed 04/08/2005, 09:58 Weatherwax

SENATE MOTION


MADAM PRESIDENT:

    I move
that Engrossed House Bill 1250 be amended to read as follows:

SOURCE: Page 5, line 20; (05)MO125003.5. -->     Page 5, delete lines 20 through 34.
    Page 6, delete lines 41 through 42.
    Page 7, delete lines 1 through 10.
    Page 8, delete lines 6 through 36, begin a new paragraph and insert:
SOURCE: IC 36-7-14.5-11; (05)MO125003.10. -->     "SECTION 10. IC 36-7-14.5-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 11. (a) The authority is organized for the following purposes:
        (1) Financing, constructing, and leasing local public improvements to the commission.
        (2) Financing and constructing additional improvements to local public improvements owned by the authority and leasing them to the commission.
        (3) Acquiring all or a portion of one (1) or more local public improvements from the commission by purchase or lease and leasing these local public improvements back to the commission, with any additional improvements that may be made to them.
        (4) Acquiring all or a portion of one (1) or more local public improvements from the commission by purchase or lease to fund or refund indebtedness incurred on account of those local public improvements to enable the commission to make a savings in debt services obligations or lease rental obligations or to obtain relief from covenants that the commission considers to be unduly burdensome.
        (b) (5) In a county described in section 12.5(a) of this chapter having a United States government military base that is scheduled for closing or is completely or partially inactive or closed and if specified in the ordinance creating the authority or in another ordinance adopted by the legislative executive body of the unit, an authority may be organized for the purpose of performing any of the uses or functions identified in IC 36-7-14-2, IC 36-7-14-2.5, or IC 36-7-14-41 for exercise any of the powers of a redevelopment commission established under IC 36-7-14,

including the establishment, in accordance with IC 36-7-14, of one (1) or more economic development areas in the county in addition to an economic development area established under section 12.5 of this chapter. However, an economic development area that includes any part of a military base described in section 12.5(a) of this chapter is subject to the requirements of section 12.5 of this chapter. An action taken by an authority under this subdivision shall be treated as if the action were taken under the law granting the power to the redevelopment commission.".

SOURCE: Page 9, line 1; (05)MO125003.9. -->     Page 9, line 1, delete "legislative" and insert " executive".
    Page 9, line 1, delete "provide that the same entity" and insert " adopt an ordinance to elect to allow the authority for the county to exercise the powers described in section 11(5) of this chapter. An ordinance adopted under this section may also do any of the following:
        (1) Establish or change the:
            (A) number of members on the board of the authority; or
            (B) name of the authority;
        that would otherwise apply under this chapter.
        (2) Provide for any other matter that is necessary or appropriate to carry out the powers described in section 11(5) or 12.5 of this chapter.
The county executive may amend or rescind an ordinance adopted under this section if the rights of holders of bonded indebtedness, leases, or other obligations (as defined under 5-1-3-1) of the authority are not adversely affected.
".
    Page 9, delete lines 2 through 5.
    Page 9, strike lines 18 through 20.
    Page 9, line 21, strike "IC 36-7-14.".
    Page 9, line 21, after "The area" insert " established under this section".
    Renumber all SECTIONS consecutively.
    (Reference is to EHB 1250 as printed April 6, 2005.)

________________________________________

Senator WEATHERWAX


MO125003/DI 51     2005