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.)