Introduced Version






HOUSE BILL No. 1574

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 14-8-2; IC 14-12-1; IC 14-13-2.

Synopsis: Little Calumet River basin development commission. Requires the Little Calumet River basin development commission to levy a special assessment on tracts of land within certain areas of the Little Calumet River and Burns Waterway watershed. Provides that money collected may be used only for expenses directly related to the operation, repair, and maintenance of flood protection systems within the watershed. Deposits money collected by the assessment into a segregated account within the Little Calumet River project development fund. Provides that if the amount in the account exceeds $12 million the assessment may not be collected for 12 months and until the amount in the segregated account is less than $7 million. Repeals and moves definition of "political subdivision".

Effective: July 1, 2011.





Soliday, Dobis, Candelaria Reardon




    January 20, 2011, read first time and referred to Committee on Natural Resources.







Introduced

First Regular Session 117th General Assembly (2011)


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HOUSE BILL No. 1574



    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 14-8-2-208; (11)IN1574.1.1. -->     SECTION 1. IC 14-8-2-208 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 208. "Political subdivision" has the following meaning:
        (1) For purposes of IC 14-12-1 and IC 14-13-2, the meaning set forth in IC 14-12-1-2. IC 36-1-2-13.
        (2) For purposes of IC 14-20-1, the meaning set forth in IC 14-20-1-4.
        (3) For purposes of IC 14-32-8, the meaning set forth in IC 14-32-8-2.
SOURCE: IC 14-8-2-281.7; (11)IN1574.1.2. -->     SECTION 2. IC 14-8-2-281.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 281.7. "Tract", for purposes of IC 14-13-2, has the meaning set forth in IC 6-1.1-1-22.5.
SOURCE: IC 14-13-2-3.5; (11)IN1574.1.3. -->     SECTION 3. IC 14-13-2-3.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3.5. As used in this chapter, "tract" has the meaning set forth in 6-1.1-1-22.5.
SOURCE: IC 14-13-2-3.8; (11)IN1574.1.4. -->     SECTION 4. IC 14-13-2-3.8 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3.8. As used in this chapter, "watershed" refers to the watershed of the Little Calumet River and Burns Waterway in Lake County as referenced by a map selected under section 18.4 of this chapter.
SOURCE: IC 14-13-2-4; (11)IN1574.1.5. -->     SECTION 5. IC 14-13-2-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 4. The general purposes of this chapter are to do the following:
        (1) Promote the general health and welfare of citizens of Indiana.
        (2) Provide for the creation, development, maintenance, administration, and operation of park, recreation, marina, levees, flood control and other public works projects.
        (3) Create a commission with the authority to carry out the purposes of this chapter.
        (4) Create a commission capable of entering into and fulfilling the requirements of a nonfederal interest (as defined by 42 U.S.C. 1962d-5b).
SOURCE: IC 14-13-2-6; (11)IN1574.1.6. -->     SECTION 6. IC 14-13-2-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 6. (a) Except as provided in subsection (b) and section 18.5 of this chapter, the commission may operate in the manner provided in this chapter only in the geographic area within and extending one (1) mile from the bank of the west arm of the Little Calumet River and Burns Waterway in Lake County and Porter County.
    (b) The commission does not have the power of eminent domain for the construction of marina facilities north of U.S. Highway 12 or south of that point where the west arm of the Little Calumet River meets Burns Waterway. The commission's activities north of U.S. Highway 12 and within and adjacent to Burns Waterway are restricted to those activities that the commission determines to be necessary for the following:
        (1) Channeling and maintenance.
        (2) Construction of breakwaters.
SOURCE: IC 14-13-2-18.4; (11)IN1574.1.7. -->     SECTION 7. IC 14-13-2-18.4 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 18.4. The commission shall select a map to be used to determine the boundaries of the Little Calumet River and Burns Waterway watershed. The map must meet the following requirements:
        (1) The map must be of sufficient detail to determine which tracts are within the watershed.
        (2) The map must be produced by the United States Geological Survey or another federal or state governmental entity.

SOURCE: IC 14-13-2-18.5; (11)IN1574.1.8. -->     SECTION 8. IC 14-13-2-18.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 18.5. (a) The area established under subsection (b) is a political subdivision authorized by the general assembly to enable the commission to provide special benefits to taxpayers in the area by promoting public safety and economic development that is of public use and benefit.
    (b) Except as provided in subsection (d), the commission shall impose an annual special assessment against each tract of real property that is within the following geographic area:
        (1) west of Interstate Highway 65; and
        (2) within the watershed of the Little Calumet River and Burns Waterway in Lake County.

     (c) The special assessment for each tract must be as follows:
        (1) A residential tract of real property, twenty-five dollars ($25).
        (2) An agricultural tract of real property, fifty dollars ($50).
        (3) A commercial tract of real property, one hundred dollars ($100).
        (4) An industrial tract of real property, two hundred dollars ($200).
    (d) If on July 1 of a calendar year the balance in the
segregated account within the fund exceeds twelve million dollars ($12,000,000) the commission shall suspend collection of the special assessment:
        (1) for at least twelve (12) months; and
        (2) until the balance in the segregated account within the fund is less than seven million dollars ($7,000,000).
    (e) The commission shall certify the list of assessments to the auditor of each county in which there are tracts of real property subject to the special assessment.

SOURCE: IC 14-13-2-18.6; (11)IN1574.1.9. -->     SECTION 9. IC 14-13-2-18.6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 18.6. (a) Each year, the county treasurer shall add to the property tax statements of a person owning the tract affected by a special assessment, designating it in a manner distinct from general taxes, the full annual assessment is due in the year the statement is sent.
    (b) An assessment under this section shall be collected in the

same manner as other special assessments under IC 6-1.1, except for the following:
        (1) An assessment is not the personal obligation of the owner of the tract affected by the assessment, and only the tract actually affected by an assessment shall be sold for delinquency.
        (2) An annual assessment shall be paid in full on or before the date the second installment of property taxes is due.
    (c) At the time of each annual tax settlement, the county treasurer shall certify to the county auditor the amount of the special assessments collected.
    (d) The county auditor shall pay special assessments collected by the county treasurer under this chapter to the commission.
    (e) Special assessments collected under this chapter shall be deposited into a segregated account within the fund. Money collected under this section and deposited into the account:
        (1) may be used only for expenses directly related to the operation, repair, and maintenance of flood protection systems within the watershed; and
        (2) may not be transferred into other accounts within the fund.

SOURCE: IC 14-12-1-2; (11)IN1574.1.10. -->     SECTION 10. IC 14-12-1-2 IS REPEALED [EFFECTIVE JULY 1, 2011].