February 4, 2003





HOUSE BILL No. 1148

_____


DIGEST OF HB 1148 (Updated February 3, 2003 12:10 PM - DI 92)



Citations Affected: IC 14-33.

Synopsis: Conservancy districts. Allows the board of a conservancy district that has channel improvements, levees, and water retarding or impoundment structures to adjust the annual cost of maintenance for the district's works of improvement, thus increasing the amount appropriated annually to the district's cumulative maintenance fund.

Effective: July 1, 2003.





Lytle , Mangus




    January 7, 2003, read first time and referred to Committee on Agriculture, Natural Resources and Rural Development.
    February 3, 2003, amended, reported _ Do Pass.






February 4, 2003

First Regular Session 113th General Assembly (2003)


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 2002 Regular or Special Session of the General Assembly.

HOUSE BILL No. 1148



    A BILL FOR AN ACT to amend the Indiana Code concerning natural and cultural resources.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 14-33-14-5; (03)HB1148.1.1. -->     SECTION 1. IC 14-33-14-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 5. (a) The board shall budget and appropriate annually to the fund an amount equivalent to ten percent (10%) of the annual cost of maintenance for the works of improvement as the cost is:
         (1) stated in the district plan; or
        (2) adjusted under section 8 of this chapter.
    (b)
Money accumulated in the fund may be used for emergency or unusually expensive maintenance of the works of improvement.
SOURCE: IC 14-33-14-6; (03)HB1148.1.2. -->     SECTION 2. IC 14-33-14-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 6. (a) If an amount equivalent to two (2) times the annual cost of maintenance of the works of improvement, as stated in the district plan or as the cost is adjusted under section 8 of this chapter, has accumulated in the fund, appropriations to the fund shall be suspended until the year that the amount in the fund is not more than equal to the annual cost of maintenance of the works of improvement as stated in the plan or the

adjusted annual cost.
     (b) The money in the fund may be invested and reinvested in whole or in part in accordance with IC 5-13-9.

SOURCE: IC 14-33-14-8; (03)HB1148.1.3. -->     SECTION 3. IC 14-33-14-8 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 8. (a) As used in this section, "cost index source" refers to the Engineering News Record Construction Cost Index, as published by McGraw Hill Construction or its successor.
    (b) Before January 1, 2006, the board of a district may elect to adjust the annual cost of maintenance of the works of improvement as stated in the plan, as calculated in subsection (d), if the following conditions are met:
        (1) The board has at a meeting adopted a resolution that sets forth:
            (A) the annual cost of maintenance of the works of improvement as stated in the plan, and the year when the annual cost was stated in the plan; and
            (B) the new, adjusted annual cost of maintenance of the works of improvement.
        (2) The calculation under subsection (d) has been verified by either the state conservation engineer for the Natural Resources Conservation Service of the United State Department of Agriculture or a professional engineer licensed under IC 25-31-1.
        (3) The board has provided a copy of the resolution to the department of local government finance (established by IC 6-1.1-30-1.1) within sixty (60) days of adoption.
    (c) If the board of a district adopts a resolution under section (b)(1), a copy of the resolution must be included in the district's annual report, and a copy of the annual report must be provided to the local circuit court and the department of natural resources.
    (d) The annual cost of maintenance of the works of improvement as stated in the plan of a district may be adjusted to an amount not to exceed the amount determined as follows:
        STEP ONE: Determine the cost index from the cost index source for the most recent year.
        STEP TWO: Determine the cost index from the cost index source for the year that the annual cost of maintenance of the works of improvement was stated in the plan.
        STEP THREE: Divide the number determined in STEP ONE by the number determined in STEP TWO.
        STEP FOUR: Multiply the result of STEP THREE by
the

annual cost of maintenance of the works of improvement that is stated in the plan.