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
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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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.