HB 1111-1_ Filed 02/27/2012, 10:51 Lanane

SENATE MOTION


MADAM PRESIDENT:

    I move that Engrossed House Bill 1111 be amended to read as follows:

SOURCE: Page 3, line 31; (12)MO111101.3. -->     Page 3, between lines 31 and 32, begin a new paragraph and insert:
SOURCE: IC 14-13-2-6; (12)MO111101.5. -->     "SECTION 5. IC 14-13-2-6, AS AMENDED BY HEA 1264-2012, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 6. (a) Except as provided in subsection (b) and section sections 18.5 and 18.6 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 14-13-2-7; (12)MO111101.6. -->     SECTION 6. IC 14-13-2-7, AS AMENDED BY HEA 1264-2012, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 7. (a) The commission has:
        (1) before July 1, 2012, five (5) members appointed by the governor; and
        (2) after June 30, 2012, nine (9) members appointed by the governor.
    (b) The following requirements apply to the governor's appointments under subsection (a)(1):
        (1) One (1) member must be a representative of the department of natural resources. The member may not be an employee or elected official of a city, town, or county governmental unit.
        (2) The remaining four (4) members must meet the following

requirements:
            (A) Four (4) members must reside in a:
                (i) city;
                (ii) town; or
                (iii) township (if the member resides in an unincorporated area of the county);
            that borders the Little Calumet River.
            (B) At least three (3) of the members must have a background in:
                (i) construction;
                (ii) project management; or
                (iii) flood control;
            or a similar professional background.
            (C) A member may not be an employee or elected official of a city, town, or county governmental unit.
    (c) The following apply to the membership of the commission after June 30, 2012:
        (1) Before August 1, 2012, the governor shall appoint four (4) additional members to the commission for four (4) year terms as follows:
            (A) One (1) member nominated by the mayor of a city having a population of more than eighty thousand five hundred (80,500) but less than one hundred thousand (100,000).
            (B) One (1) member nominated by the mayor of a city having a population of more than eighty thousand (80,000) but less than eighty thousand four hundred (80,400).
            (C) Two (2) members nominated by the board of county commissioners of Lake County.
        (2) Notwithstanding section 8 of this chapter, the term of the member described in subsection (b)(1) expires January 7, 2013. The governor shall appoint one (1) member nominated by the department of natural resources for a four (4) year term beginning January 7, 2013.
        (3) Notwithstanding section 8 of this chapter, the terms of the members described in subsection (b)(2) expire January 1, 2014. The governor shall appoint for four (4) year terms beginning January 1, 2014, four (4) members, each of whom must have been nominated by the executive of a municipality located in the watershed other than a city described in subdivision (1).
        (4) A member appointed to succeed a member appointed under subdivision (1) or (2) must be nominated by the nominating authority that nominated the member's predecessor, and a member appointed to succeed a member appointed under subdivision (3) must be nominated by the executive of a municipality located in the watershed other than a city described in subdivision (1).
    (d) The following apply to a member appointed under subsection (c) and to any member appointed to succeed a member appointed under subsection (c):
        (1) After July 31, 2012, not more than five (5) members of the

commission may belong to the same political party.
        (2) Each member must have a background in:
            (A) construction;
            (B) project management;
            (C) flood control; or
            (D) a similar professional background.
        (3) A member may not be an employee or elected official of a city, town, or county governmental unit.
        (4) Neither the two (2) members appointed under subsection (c)(3) nor any two (2) members appointed to succeed them may be from the same municipality. The members:
            (A) appointed under subsection (c)(3); or
            (B) appointed to succeed members appointed under subsection (c)(3);
        must be from different municipalities.

        (5) Neither the two (2) members appointed under subsection (c)(1)(C) nor any two (2) members appointed to succeed them may be from the same district created under IC 36-2-2-4(b).".
    Renumber all SECTIONS consecutively.
    (Reference is to EHB 1111 as printed February 24, 2012.)

________________________________________

Senator LANANE


DS 111101/DI bc
2012