HB 1289-1_ Filed 01/28/2013, 15:16
Your Committee on Natural Resources , to which was referred House Bill 1289 ,
has had the same under consideration and begs leave to report the same back to the House with
the recommendation that said bill be amended as follows:
SOURCE: Page 1, line 1; (13)CR128901.1. -->
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
SOURCE: IC 14-27-3-7; (13)CR128901.1. -->
"SECTION 1. IC 14-27-3-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 7. (a) The committee
placed in charge of the levee may perform maintenance and make all
necessary repairs to the levee that are necessary to keep the levee in
original condition. However, the committee shall perform the
maintenance of and repairs to the levee that are necessary to
maintain federal certification of the levee. If it becomes necessary
for the safety of the levee to change the line and location of the levee
at any point in making the repairs, the committee may make the
change. However, the committee may not change or relocate the
general line or location of the levee.
(b) The committee shall do the following:
(1) Keep a record of the committee's proceedings.
(2) Note in the record all expenses incurred in making the repairs.
(3) File with the county auditor a statement showing the cost and
expenses of making the repairs, specifying the amounts due each
(c) The auditor shall draw a warrant on the county treasurer in favor
of each person for the amount due the person. The amounts shall be
paid out of the county revenue but reimbursed to the county.
(d) Notwithstanding any other law, the cost and expenses of
performing maintenance on a levee under subsection (a) shall be
apportioned and assessed in the same manner as repair costs and
expenses to a levee.".
SOURCE: Page 1, line 2; (13)CR128901.1. -->
Page 1, line 2, after "Sec. 8." insert " (a)
Page 1, between lines 12 and 13, begin a new paragraph and insert:
" (b) If a committee in charge of a levee:
(1) before July 1, 2013, has filed the statement of costs and
expenses for repairs under section 7(b)(3) of this chapter; and
(2) has not:
(A) reimbursed the county for the costs and expenses for
repairs to the levee; or
(B) apportioned and assessed the costs upon the land and
corporations benefited by the repairs as required in
the committee in charge of a levee shall, before September 29,
2013, apportion and assess the costs upon the land and
corporations benefited by the repairs as required by subsection
Page 2, line 5, delete "may" and insert " and county executive may
Page 2, line 8, delete "county council." and insert " appointing
Renumber all SECTIONS consecutively.
(Reference is to HB 1289 as introduced.)
and when so amended that said bill do pass.
CR128901/DI 77 2013