SOURCE: Page 28, line 25; (12)MO137616.28. -->
Page 28, between lines 25 and 26, begin a new paragraph and insert:
SOURCE: IC 14-13-2-3.3; (12)MO137616.42. -->
"SECTION 42. IC 14-13-2-3.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 3.3. As used in this chapter,
"parcel" has the meaning set forth in 50 IAC 26-2-31.
SOURCE: IC 14-13-2-6; (12)MO137616.43. -->
SECTION 43. 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. However, to address flooding issues within this
geographic area, the commission may operate in the manner
provided in this chapter in areas that include tributaries to the
Little Calumet and Burns Waterways, including the Deep River
watershed, within Lake 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)MO137616.44. -->
SECTION 44. 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.
(4) 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).
SOURCE: IC 14-13-2-18.6; (12)MO137616.45. -->
SECTION 45. IC 14-13-2-18.6, AS ADDED BY HEA 1264-2012,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 18.6. (a) Each year, the county treasurer shall add
to the property tax statements of a person owning the taxable parcel
affected by a special assessment imposed under section 18.5 of this
chapter, designating the special assessment in a manner distinct from
general taxes, and indicating that the full annual assessment is due in
the year the statement is sent.
(b) An assessment imposed under section 18.5 of this chapter shall
be collected in the same manner as other special assessments are
collected under IC 6-1.1, except for the following:
(1) An assessment is not the personal obligation of the owner of
the taxable parcel affected by the assessment, and only the taxable
parcel 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 first 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 section to the commission.
(e) Special assessments collected under this section shall be
deposited into a segregated account within the fund. Special
assessments deposited into the account may not be transferred into
other accounts within the fund. Money in the account may be used only
for the following purposes:
(1) To pay expenses directly related to the acquisition,
construction, or improvement of real property, a facility, a
betterment, or an improvement constituting part of a project of the
commission, including acquisition of the site for a project.
(2) To pay expenses directly related to the operation, repair, and
maintenance of flood protection systems within the watershed.
(3) To repay bonds issued for the purposes described in
subdivision (1).
(4) To make the transfers required by subsection (f).
(f) Subject to subsection (g), the commission shall transfer money
from the segregated account referred to in subsection (e) to the
northwest Indiana regional development authority established by
IC 36-7.5-2-1 as follows:
(1) Two million four hundred thirty thousand dollars ($2,430,000)
on July 1, 2013.
(2) One million four hundred sixty thousand dollars ($1,460,000)
on July 1, 2014.
(3) Nine hundred twenty thousand dollars ($920,000) on July 1,
2015.
(4) Six hundred ninety thousand dollars ($690,000) on July 1,
2016.
(5) Five hundred thousand dollars ($500,000) on July 1, 2017.
(g) The commission may postpone or reduce the amount of a
transfer required by subsection (f) by adopting a resolution, with at
least two-thirds (2/3) of the members voting in the affirmative,
declaring that an emergency exists. For purposes of this subsection, an
emergency may include the following:
(1) A determination that the amount of assessments paid before
July 1, 2013, is insufficient to make the transfer required under
subsection (f)(1) on July 1, 2013.
(2) A demand from the Army Corps of Engineers for payment in
an amount that would prevent the commission from complying
with the transfer schedule set forth in subsection (f).
(h) The total amount to be transferred to the northwest Indiana
regional development authority under the schedule set forth in
subsection (f), as amended for the reasons specified in subsection
(g), is six million dollars ($6,000,000).".
Renumber all SECTIONS consecutively.
(Reference is to EHB 1376 as printed February 24, 2012.)
________________________________________
Senator KENLEY