Reprinted
February 27, 2002
ENGROSSED
HOUSE BILL No. 1138
_____
DIGEST OF HB 1138
(Updated February 26, 2002 5:53 PM - DI 103)
Citations Affected: IC 6-9; IC 8-1; IC 8-1.5; IC 14-22; IC 36-4;
IC 36-10.
Synopsis: Local government administration. Changes the membership
of the Lake County Convention and Visitors Bureau. Authorizes any
municipality within the service area of a public or municipal water
utility to adopt an ordinance to provide that the charges for the
production, storage, transmission, sale and delivery, or furnishing of
water for public fire protection purposes must be included in the basic
rates of all customers of the utility within the municipality. Authorizes
a county to establish a department of storm water management. Allows
certain municipalities to collect fees related to the acquisition,
construction, installation, operation, and maintenance of facilities and
land for storm water systems through a periodic billing system or
through the semiannual property tax statement. Allows instead of
requires the clerk of the circuit court in each county to hunting,
trapping, and fishing licenses. Changes the date by which the
appropriations and annual tax levy ordinance must be passed from the
first Monday in September to September 20 for a third class city and
September 30 for a second class city. Provides that a second class city
may pay each commissioner on the board of parks an annual salary in
an amount fixed by the fiscal body. Updates population parameters to
reflect changes in the 2000 decennial census. Makes conforming
changes.
Effective: Upon passage; July 1, 2002; July 1, 2003.
Ayres, Stevenson
, Becker
, Aguilera
(SENATE SPONSORS _ SKILLMAN, ANTICH, GARD)
January 9, 2002, read first time and referred to Committee on Local Government.
January 28, 2002, amended, reported _ Do Pass.
February 4, 2002, read second time, amended, ordered engrossed.
February 5, 2002, engrossed. Read third time, passed. Yeas 92, nays 2.
SENATE ACTION
February 11, 2002, read first time and referred to Committee on Governmental and
Regulatory Affairs.
February 21, 2002, amended, reported favorably _ Do Pass.
February 26, 2002, read second time, amended, ordered engrossed.
Reprinted
February 27, 2002
Second Regular Session 112th General Assembly (2002)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2001 General Assembly.
ENGROSSED
HOUSE BILL No. 1138
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 6-9-2-3; (02)EH1138.2.1. -->
SECTION 1. IC 6-9-2-3 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 3. (a) For purposes of this section,
the size of a political subdivision is based on the population determined
in the last federal decennial census.
(b) A convention and visitor bureau having
thirteen (13) fifteen (15)
members is created to promote the development and growth of the
convention, tourism, and visitor industry in the county.
(c) The executives (as defined by IC 36-1-2-5) of the
six (6) eight
(8) largest municipalities (as defined by IC 36-1-2-11) in the county
shall each appoint one (1) member to the bureau. The legislative body
(as defined in IC 36-1-2-9) of the two (2) largest municipalities in the
county shall each appoint one (1) member to the bureau.
(d) The county council shall appoint two (2) members to the bureau.
One (1) of the appointees must be a resident of the largest township in
the county, and one (1) of the appointees must be a resident of the
second largest township in the county.
(e) The county commissioners shall appoint two (2) members to the
bureau. Each appointee must be a resident of the fifth, sixth, seventh,
eighth, ninth, tenth, or eleventh largest township in the county. These
appointees must be residents of different townships.
(f) The lieutenant governor shall appoint one (1) member to the
bureau.
(g) One (1) of the appointees under subsection (d) and one (1) of the
appointees under subsection (e) must be members of the political party
that received the highest number of votes in the county in the last
preceding election for the office of secretary of state. One (1) of the
appointees under subsection (d) and one (1) of the appointees under
subsection (e) must be members of the political party that received the
second highest number of votes in the county in the election for that
office. No appointee under this section may hold an elected or
appointed political office while he serves on the bureau.
(h) In making appointments under this section, the appointing
authority shall give sole consideration to individuals who shall be
knowledgeable and interested in at least one (1) of the following
businesses in the county:
(1) Hotel.
(2) Motel.
(3) Restaurant.
(4) Travel.
(5) Transportation.
(6) Convention.
(7) Trade show.
(i) All terms of office of bureau members begin on July 1. Initial
appointments of the county council are for one (1) year terms, initial
appointments of the county commissioners are for two (2) year terms,
initial appointments of the municipal executives and legislative bodies
are for three (3) year terms, with all subsequent appointments for three
(3) year terms. All appointments of the lieutenant governor are for
three (3) year terms. A member whose term expires may be reappointed
to serve another term. If a vacancy occurs, the appointing authority
shall appoint a qualified person to serve for the remainder of the term.
If an appointment is not made before July 16 or a vacancy is not filled
within thirty (30) days, the member appointed by the lieutenant
governor under subsection (f) shall appoint a qualified person.
(j) A member of the bureau may be removed for cause by his
appointing authority.
(k) Members of the bureau may not receive a salary. However,
bureau members are entitled to reimbursement for necessary expenses
incurred in the performance of their respective duties.
(l) Each bureau member, before entering his duties, shall take an
oath of office in the usual form, to be endorsed upon his certificate of
appointment and promptly filed with the clerk of the circuit court of the
county.
(m) The bureau shall meet after July 1 each year for the purpose of
organization. The bureau shall elect a chairman from its members. The
bureau shall also elect from its members a vice chairman, a secretary,
and a treasurer. The members serving in those offices shall perform the
duties pertaining to the offices. The first officers chosen shall serve
until their successors are elected and qualified. A majority of the
bureau constitutes a quorum, and the concurrence of a majority of those
present is necessary to authorize any action.
(n) If the county and one (1) or more adjoining counties desire to
establish a joint bureau, the counties shall enter into an agreement
under IC 36-1-7. In the absence of such an agreement, the bureau may
not expend funds to promote activities in any other county.
SOURCE: IC 8-1-2-103; (02)EH1138.2.2. -->
SECTION 2. IC 8-1-2-103 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 103. (a) No public
utility, or agent or officer thereof, or officer of any municipality
constituting a public utility, as defined in this chapter, may charge,
demand, collect, or receive from any person a greater or less
compensation for any service rendered or to be rendered, or for any
service in connection therewith, than that prescribed in the published
schedules or tariffs then in force or established as provided herein, or
than it charges, demands, collects, or receives from any other person
for a like and contemporaneous service. A person who recklessly
violates this subsection commits a Class A misdemeanor.
(b) Notwithstanding subsection (a) of this section, if a city of less
than twenty thousand (20,000) in population according to the most
recent federal decennial census, constituting a public water utility, and
acting as a public utility prior to May 1, 1913, either as such city, or by
any commercial association, chamber of commerce, or committee with
the consent of such city, entered into any agreement with any person
engaged in manufacturing any articles of commerce to furnish free
water for a certain limited time as an inducement to such person so
engaged in manufacturing to locate the establishment or manufacturing
plant of such person within such city, such city may carry out such
agreement to furnish free water to such person for the period of time
remaining, as stipulated in such contract. This chapter does not prohibit
any public utility from supplying or furnishing free service or service
at special rates to any municipality, or any institution or agency of such
municipality, in cases where the supplying or furnishing of such free
service or service at special rates is stipulated in any provision of the
franchise under which such public utility was operating before May 16,
1919, or, in the event that such franchise shall have been surrendered,
from supplying or furnishing such free service or service at special
rates until such time as the franchise would have expired had it not
been surrendered under this chapter; and it shall be the duty of any
utility operating under any franchise, stipulating for free service or
service at special rates to municipality, or any institution or agency of
such municipality, to furnish such free service or service at special
rates.
(c) This subsection applies to a public utility that provides water for
public fire protection services in both a county containing a
consolidated city and in portions of counties that are adjacent to the
county containing a consolidated city. This subsection applies
throughout the territory served by the public utility. In the case of a
public utility furnishing water and beginning on January 1, 1994, the
charges for the production, storage, transmission, sale and delivery, or
furnishing of water for public fire protection purposes shall be included
in the basic rates of the customers of the public utility. However, the
construction cost of any fire hydrant installed after December 31, 1993,
at the request of a municipality, township, county, or other
governmental unit shall be paid for by or on behalf of the municipality,
township, county, or other governmental unit. The change in the
recovery of current revenue authorized by this section shall be reflected
in a new schedule of rates to be filed with the commission at least thirty
(30) days before the time the new schedule of rates is to take effect.
The new schedule of rates shall:
(1) eliminate fire protection charges billed directly to
governmental units, other than charges for the construction cost
for new hydrants installed after December 31, 1993; and
(2) increase the rates charged each customer of the utility, based
on equivalent meter size, by an amount equal to:
(A) the revenues lost from the elimination of such fire
protection charges; divided by
(B) the current number of equivalent five-eighths (5/8) inch
meters.
This change in the recovery of public fire protection costs shall not be
considered to be a general increase in basic rates and charges of the
public utility and is not subject to the notice and hearing requirements
applicable to general rate proceedings. The commission shall approve
the new schedule of rates that are to be effective January 1, 1994.
(d) This subsection applies to a public utility or a municipally
owned water utility that is not subject to subsection (c). Except as
provided in subsection (e), in the case of a public utility or municipally
owned water utility furnishing water, if the governing body of the
governmental unit with the greatest number of customers any
municipality within the service area of the utility adopts an ordinance
providing that costs shall be recovered under this subsection, the
charges for the production, storage, transmission, sale and delivery, or
furnishing of water for public fire protection purposes shall be included
in the basic rates of all customers of the utility within the
municipality. However, on or after a date specified in the ordinance,
the construction cost of any fire hydrant installed at the request of a
municipality, township, county, or other governmental unit that adopts
an ordinance under this subsection shall be paid for by or on behalf of
the municipality, township, county, or other governmental unit. The
change in the recovery of current revenue authorized by the ordinance
shall be reflected in a new schedule of rates to be filed with the
commission at least thirty (30) days before the time the new schedule
of rates is to take effect. The new schedule of rates shall:
(1) eliminate fire protection charges billed directly to
governmental units, other than charges for the construction cost
for new hydrants installed on and after the date specified in the
ordinance; and
(2) increase the rates charged each customer of the utility, based
on equivalent meter size, by an amount equal to:
(A) the revenues lost from the elimination of such fire
protection charges; divided by
(B) the current number of equivalent five-eighths (5/8) inch
meters.
This change in the recovery of public fire protection costs shall not be
considered to be a general increase in basic rates and charges of the
utility and is not subject to the notice and hearing requirements
applicable to general rate proceedings. The commission shall approve
the new schedule of rates that are to be effective on a date specified in
the ordinance.
(e) This subsection applies to a municipally owned water utility in
a city having a population of more than forty-three thousand (43,000)
but less than forty-three thousand seven hundred (43,700). fifty
thousand (50,000) but less than fifty-five thousand (55,000). The
city may adopt a plan to recover costs as described in subsection (d)
without passing an ordinance, if the plan applies only to customers of
the utility residing in a county having a population of more than two
hundred thousand (200,000) but less than three hundred thousand
(300,000). If the city wishes to adopt such a plan, the city shall file a
new schedule of rates with the commission, but is not subject to
commission approval of the rates.
(f) In the case of a change in the method of recovering public fire
protection costs under an ordinance adopted under subsection (d):
(1) on or after July 1, 1997, a customer of the utility located
outside the limits of a municipality whose property is not located
within one thousand (1,000) feet of a fire hydrant (measured from
the hydrant to the nearest point on the property line of the
customer) must be excluded from the increase in rates attributable
to the change and must not be included in the number of
equivalent five-eighths (5/8) inch meters for purposes of
subsection (d)(2)(B); or
(2) before July 1, 1997, the commission may:
(A) in the context of a general rate proceeding initiated by the
utility; or
(B) upon petition of:
(i) the utility;
(ii) the governmental unit that passed the ordinance; or
(iii) an affected customer;
prospectively exclude public fire protection costs from the rates
charged to customers located outside the limits of any
municipality whose property is not located within one thousand
(1,000) feet of a fire hydrant (measured from the hydrant to the
nearest point on the property line of the customer) if the
commission authorizes a simultaneous increase in the rates of the
utility's other customers to the extent necessary to prevent a loss
of revenues to the utility.
An increase in the rates of the utility's other customers under
subdivision (2) may not be construed to be a general increase in basic
rates and charges of the utility and is not subject to the hearing
requirements applicable to general rate proceedings. This subsection
does not prohibit the commission from adopting different methods of
public fire protection cost recovery for unincorporated areas after
notice and hearing within the context of a general rate proceeding or
other appropriate proceeding.
SOURCE: IC 8-1.5-5-1; (02)EH1138.2.3. -->
SECTION 3. IC 8-1.5-5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. This chapter
applies to each:
(1) municipality; and
(2) county not having a consolidated city;
that adopts the provisions of this chapter by ordinance.
SOURCE: IC 8-1.5-5-1.5; (02)EH1138.2.4. -->
SECTION 4. IC 8-1.5-5-1.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1.5. The definitions set forth in IC 36-1-2
apply throughout this chapter.
SOURCE: IC 8-1.5-5-2; (02)EH1138.2.5. -->
SECTION 5. IC 8-1.5-5-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. As used in this
chapter, "board" means the following:
(1) For a consolidated city, the board of public works established
by IC 36-3-5-6.
(2) For all other municipalities or a county, the board of directors
described in section 4 of this chapter.
SOURCE: IC 8-1.5-5-3; (02)EH1138.2.6. -->
SECTION 6. IC 8-1.5-5-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. As used in this
chapter, "department" means the following:
(1) For a consolidated city, the department of public works.
(2) For all other municipalities or a county, the department of
storm water management established under section 4 of this
chapter.
SOURCE: IC 8-1.5-5-4.5; (02)EH1138.2.7. -->
SECTION 7. IC 8-1.5-5-4.5 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Sec. 4.5. (a) This section applies to a county.
(b) If the county executive adopts the provisions of this chapter
by ordinance, a department of storm water management is
established and is controlled by a board of directors.
(c) An ordinance adopted under this section shall provide for
the appointment of either:
(1) the members of the county executive and the county
surveyor (or the surveyor's designee); or
(2) the drainage board for the county;
as the board of directors of the department.
(d) The term of office of a member of the board who is
appointed from the membership of the county executive or the
drainage board is coextensive with the member's term of office on
the county executive or the drainage board. If the county surveyor
or the surveyor's designee is appointed under subdivision (1), the
term of the surveyor or designee as a member of the board is
coextensive with the surveyor's term of office.
(e) A member of the board of directors of the department of
storm water management appointed under this section is not
entitled to a salary or per diem for serving as a member of the
board of directors of the department of storm water management.
However, a member shall be reimbursed for necessary expenses
incurred by the member in the performance of official duties.
SOURCE: IC 8-1.5-5-5; (02)EH1138.2.8. -->
SECTION 8. IC 8-1.5-5-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5. (a) The
legislative body shall, in the ordinance adopting the provisions of this
chapter create creates a special taxing district that includes the
following:
(1) For a consolidated city, all of the territory of the county
containing the consolidated city.
(2) For all other municipalities, all territory within the corporate
boundaries of the municipality.
(3) For a county, all the territory in the county that is not
located in a municipality.
(b) As to each municipality to which this chapter applies, including
a consolidated city, All the territory within the district constitutes a
special taxing district for the purpose of providing for the collection
and disposal of storm water of the district in a manner that protects the
public health and welfare and for the purpose of levying special benefit
taxes for purposes of storm water collection and disposal. All area
territory in the district and all area territory added to the district is
considered to have received a special benefit from the storm water
collection and disposal facilities of the district equal to or greater than
the special taxes imposed on the area by territory under this chapter
in order to pay all or part of the costs of such facilities.
SOURCE: IC 8-1.5-5-6; (02)EH1138.2.9. -->
SECTION 9. IC 8-1.5-5-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 6. (a) The board
has the powers and duties prescribed by IC 8-1.5-3-4(a). In addition,
the board may:
(1) hold hearings following public notice;
(2) make findings and determinations;
(3) install, maintain, and operate a storm water collection and
disposal system;
(4) make all necessary or desirable improvements of the grounds
and premises under its control; and
(5) issue and sell bonds of the district in the name of the
municipality unit that is served by the department for the
acquisition, construction, alteration, addition, or extension of the
storm water collection and disposal system or for the refunding of
any bonds issued by the board.
(b) The board has exclusive jurisdiction over the collection and
disposal of storm water within the district, except as provided in
IC 36-9-27.
SOURCE: IC 8-1.5-5-7; (02)EH1138.2.10. -->
SECTION 10. IC 8-1.5-5-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7. (a) The
acquisition, construction, installation, operation, and maintenance of
facilities and land for storm water systems may be financed through:
(1) proceeds of special taxing district bonds of the storm water
district;
(2) the assumption of liability incurred to construct the storm
water system being acquired;
(3) service rates;
(4) revenue bonds; or
(5) any other available funds.
(b) The board, after approval by the legislative fiscal body of the
municipality, unit that is served by the department, may assess and
collect user fees from all of the property of the storm water district for
the operation and maintenance of the storm water system.
(c) The collection of the fees authorized by this section may be
effectuated through a periodic billing system or through a charge
appearing on the semiannual property tax statement of the affected
property owner.
SOURCE: IC 8-1.5-5-12; (02)EH1138.2.11. -->
SECTION 11. IC 8-1.5-5-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 12. (a) If the board
acquires a storm water system and assumes the liability incurred by the
seller to construct the storm water system, the principal and interest on
the liability so assumed shall be paid from the bond and interest
redemption account in the same manner as bonds of the district would
be paid, and the board shall set aside sufficient revenues to comply
with the requirements of the instrument creating the liability.
(b) A municipality unit acquiring a storm water system may not
assume any liability for the payment of a secured debt or charge other
than the obligation to apply the revenues in the manner prescribed in
the ordinance.
(c) The board may issue bonds in exchange for, or satisfaction of,
the liability assumed in the acquisition of a storm water system. The
bonds so issued may not be issued at less than ninety-seven percent
(97%) of the par value thereof in exchange for, or satisfaction of, the
liability. Notwithstanding section 13(c) of this chapter, bonds issued in
exchange for, or satisfaction of, the liability need not be sold in
accordance with IC 5-1-11. However, the interest rate on such bonds
may not exceed the average yield on municipal revenue bonds of
comparable credit rating and maturity as of the end of the week
immediately preceding the issuance of the bonds.
SOURCE: IC 8-1.5-5-16; (02)EH1138.2.12. -->
SECTION 12. IC 8-1.5-5-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 16. (a)
This
section applies to a municipality.
(b) The reasonable cost and value of any service rendered to the
municipality by the storm water system by furnishing storm water
collection and disposal shall be:
(1) charged against the municipality; and
(2) paid for in monthly installments as the service accrues out of
the:
(A) current revenues of the municipality, collected or in
process of collection; and
(B) tax levy of the municipality made by it to raise money to
meet its necessary current expenses.
(b) (c) The compensation for the service provided to the
municipality shall, in the manner prescribed by this chapter, be treated
as revenues of the system and paid into the funds created under this
chapter.
SOURCE: IC 8-1.5-5-16.5; (02)EH1138.2.13. -->
SECTION 13. IC 8-1.5-5-16.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 16.5. (a) This section applies
to a county.
(b) The reasonable cost and value of any service rendered to the
county by the storm water system by furnishing storm water
collection and disposal shall be:
(1) charged against all the territory in the county, except
territory within a municipality; and
(2) paid for in monthly installments as the service accrues out
of the:
(A) current revenues of the county, collected or in process
of collection; and
(B) tax levy of the county made by the county to raise
money to meet the county's necessary current expenses.
(c) The compensation for the service provided to the county
shall, in the manner prescribed by this chapter, be treated as
revenues of the system and paid into the funds created under this
chapter.
SOURCE: IC 8-1.5-5-21; (02)EH1138.2.14. -->
SECTION 14. IC 8-1.5-5-21 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 21. (a) To procure
money to pay for the required property and the acquisition, erection,
and construction of the proposed work, and in anticipation of the
collection of the special benefit tax, the board may issue, in the name
of the
municipality, unit that is served by the department, special
taxing district bonds of the storm water district. The bonds may not
exceed the total estimated cost of the work and property to be acquired
as provided for in the resolution, including:
(1) all expenses necessarily incurred for supervision and
inspection during the period of construction; and
(2) expenses actually incurred preliminary to the acquiring of the
necessary property and the construction of the work, including the
cost of records, engineering expenses, publication of notices,
salaries, and other expenses incurred, before and in connection
with the acquiring of the property, the letting of the contract, and
the sale of bonds.
(b) After adopting a resolution authorizing the bonds, the board
shall certify a copy of the resolution to the municipal fiscal officer, who
shall then prepare the bonds. The municipal executive shall execute the
bonds, and the fiscal officer shall attest the bonds.
(c) The board may not issue bonds of the storm water district,
payable by a special benefit property tax, when the total of the
outstanding bonds of the district that are payable from a special benefit
property tax, including the bonds already issued and to be issued,
exceeds eight percent (8%) of the total adjusted value of taxable
property in the district as determined under IC 36-1-15. For purposes
of this section, bonds are not considered to be outstanding bonds if the
payment has been provided for by an irrevocable deposit in escrow of
government obligations sufficient to pay the bonds when due or called
for redemption.
(d) The bonds are not a corporate obligation or indebtedness of the
municipality unit but are an indebtedness of the storm water district.
The bonds and interest are payable:
(1) out of a special benefit tax levied upon all of the property of
the storm water district; or
(2) by any other means including revenues, cash on hand, and
cash in depreciation or reserve accounts.
(e) The bonds must recite the terms upon their face, together with
the purpose for which they are issued.
SOURCE: IC 8-1.5-5-22; (02)EH1138.2.15. -->
SECTION 15. IC 8-1.5-5-22 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 22. (a) To raise the
necessary revenues to pay for the bonds issued and the interest on the
bonds, the board:
(1) after approval by the legislative fiscal body of the
municipality, unit that is served by the department, shall levy
a special benefit tax upon all the property of the storm water
district in the amount necessary to meet and pay the principal of
the bonds as they severally mature, together with all accruing
interest; and
(2) shall certify the tax levied each year to the fiscal officers
officer of the municipality and of the county in which the storm
water district is located, unit that is served by the department
at the same time the levy of the municipality is and in the same
manner as other levies of the unit are certified.
The tax levied and certified shall be estimated and entered upon the tax
duplicate and shall be collected and enforced in the same manner as
state and county taxes are estimated, entered, and enforced.
(b) In fixing the amount of the necessary levy, the board:
(1) shall consider the amount of revenues derived by the board
from the operation of the storm water system under its jurisdiction
above the amount of revenues required to pay the cost of
operation and maintenance of the storm water system; and
(2) may, in lieu of making the levy in this section, set aside by
resolution a specific amount of the surplus revenues to be
collected before maturity of the principal and interest of the bonds
payable in the following calendar year.
(c) The special tax shall be deposited in the bond and interest
redemption account.
SOURCE: IC 8-1.5-5-23; (02)EH1138.2.16. -->
SECTION 16. IC 8-1.5-5-23 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 23. (a) The board
may not issue any bonds authorized by this chapter until it has secured
the approval for the issuance of the bonds from the legislative fiscal
body of the municipality. unit that is served by the department.
(b) IC 6-1.1-20 applies to the issuance of bonds under this chapter
which are or may be payable from the special benefit property tax.
SOURCE: IC 14-22-7-3; (02)EH1138.2.17. -->
SECTION 17. IC 14-22-7-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 3. (a) A person may not
hunt or take a migratory waterfowl within Indiana without having a
migratory waterfowl stamp issued by the department. The stamp must
be in the possession of each person hunting or taking a migratory
waterfowl. However, the stamp need not be affixed to the hunting
license. The licensee shall validate the stamp with the signature, in ink,
of the licensee written across the face of the stamp.
(b) The department shall do the following
(1) determine the form of the migratory waterfowl stamp.
(2) (c) The department may furnish the migratory waterfowl
stamps to each clerk of the circuit court and the clerk's designated
depositories for issuance or sale in the same manner as hunting licenses
are issued or sold under IC 14-22-11.
SOURCE: IC 14-22-11-3; (02)EH1138.2.18. -->
SECTION 18. IC 14-22-11-3, AS AMENDED BY P.L.188-2001,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 3. (a) The director and agents appointed by the
director and a clerk of the circuit court in each county who is an are
authorized representative representatives of the department shall issue
all hunting, trapping, and fishing licenses.
(b) The clerk of the circuit court in each county may issue
hunting, trapping, and fishing licenses.
(c) Each hunting, trapping, or fishing license must be in a form
prescribed by the director and shall be countersigned by the clerk or
agent issuing the license. The director shall furnish the clerks and
agents with all necessary blank forms.
SOURCE: IC 36-4-7-11; (02)EH1138.2.19. -->
SECTION 19. IC 36-4-7-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 11. If the city
legislative body does not pass the ordinances required by section 7 of
this chapter on or before: the first Monday in September of any year,
(1) September 20 for a third class city; and
(2) September 30 for a second class city;
of each year, the most recent annual appropriations and annual tax
levy are continued for the ensuing budget year.
SOURCE: IC 36-10-4-3; (02)EH1138.2.20. -->
SECTION 20. IC 36-10-4-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 3. (a) A department of
public parks is established as an executive department of the city.
(b) The department is under the control of a board of park
commissioners. The board consists of four (4) commissioners
appointed by the city executive. Each commissioner must be a
freeholder residing in the city, and no more than two (2) commissioners
may have the same political affiliation.
(c) A second class city may with the approval of the executive and
legislative body, pay each commissioner an annual salary not to exceed
six hundred dollars ($600). in an amount fixed by the fiscal body.
The commissioners shall be paid their actual expenses upon approval
by the city executive.
(d) Before beginning his duties each commissioner shall take and
subscribe the usual oath of office. The oath shall be indorsed upon the
certificate of appointment and filed with the city clerk. If a
commissioner has not filed his oath:
(1) within thirty (30) days after the beginning of his term; or
(2) by the date of his appointment if he was appointed after the
beginning of the term;
he is considered to have refused to serve and the office becomes
vacant.
SOURCE: ; (02)EH1138.2.21. -->
SECTION 21.
An emergency is declared for this act.