HB 1376-9_ Filed 02/27/2012, 11:00 Kenley

SENATE MOTION


MADAM PRESIDENT:

    I move
that Engrossed House Bill 1376 be amended to read as follows:

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


MO137616/DI 58
2012