SB 291-1_ Filed 02/17/2003, 12:25
Adopted 2/17/2003
COMMITTEE REPORT
MR. PRESIDENT:
The Senate Committee on Elections and Civic Affairs, to which was referred Senate Bill No. 291, has
had the same under consideration and begs leave to report the same back to the Senate with the
recommendation that said bill be AMENDED as follows:
Delete the title and insert the following:
A BILL FOR AN ACT to amend the Indiana Code concerning
natural and cultural resources.
SOURCE: Page 1, line 1; (03)AM029102.1. -->
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
SOURCE: IC 14-33-5-2; (03)AM029102.1. -->
"SECTION 1.
IC 14-33-5-2
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 2. (a) At each annual
meeting of the district, directors shall be elected to fill vacancies on the
board due to expiration of terms, resignation, or otherwise. The election
shall be conducted by written ballots. To be elected an individual must
receive a majority of the votes of the freeholders of the district who are:
(1) present and voting in person; or
(2) absent but have mailed or delivered a written absentee ballot
vote. included in the notice mailed under section 4(b) of this
chapter.
(b) A written absentee ballot vote must be signed by the freeholder
casting the ballot and mailed or delivered returned:
(1) in person to the district office. location specified in the
notice mailed under section 4(b) of this chapter on or before
the ending time for voting in person on the date of the annual
meeting; or
(2) by mail to an address specified in the notice mailed under
section 4(b) of this chapter.
(c) A An absentee ballot is valid if delivered or received on or
before the scheduled date of the annual meeting.
SOURCE: IC 14-33-5-4; (03)AM029102.2. -->
SECTION 2.
IC 14-33-5-4
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 4. (a) The annual
meeting of the district must be held at the time designated by the court:
(1) at the district's office; or
(2) at a place in or near the district as determined by resolution of
the board adopted before December 1 of the year.
(b) Notice of the annual meeting of the district must shall be given
as follows:
(1) By one (1) publication in a newspaper of general circulation
in each county in the district at least fourteen (14) and not more
than thirty-one (31) days before the date fixed in the notice for
the annual meeting.
(2) By mail to all freeholders on the list prepared under
section 5 of this chapter not later than fourteen (14) days
before the date fixed in the notice for the annual meeting. The
notice required under this subdivision may be included in a
district's periodic billing if the billing is postmarked not later
than fourteen (14) days before the date fixed in the notice for
the annual meeting.
(c) The notice required by subsection (b) must contain the
following:
(1) The names of the nominees.
(2) The place where the election will be held.
(3) The time of the election.
(4) The fact that this is the annual meeting of the district.
(5) The purposes of the meeting.
(6) The time during which in person ballots may be cast.
(d) A mailed notice under subsection (b)(2) must include an
absentee ballot and instructions for completing and returning the
ballot by mail or in person as required by section 2(b) of this
chapter.
SOURCE: IC 14-33-5-6; (03)AM029102.3. -->
SECTION 3.
IC 14-33-5-6
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 6. (a) At each annual
meeting and before the election of directors, the chairman shall appoint
three (3) freeholders of the district who are present at the annual
meeting to act as clerks of and conduct the election.
(b) Before the casting of
a an in person vote, each freeholder must
sign the list of freeholders opposite the freeholder's name in the
presence of the secretary of the district. If the clerks find that a
freeholder's name is erroneously omitted from the list, the clerks shall
place the name on the list. The omitted freeholder is then entitled to
cast a ballot.
(c) The clerks shall note the fact of receipt of a valid written ballot
vote, whether cast in person or absentee, opposite the freeholder's
name who cast that vote. At this time the written ballot vote is
considered cast.
(d) At the close of the election poll, the clerks shall count the cast
ballots and make a report of the results. The secretary of the district
shall record the results in the records of the district. The chairman shall
then declare the successful nominees elected, and the elected directors
are entitled to and shall assume all the duties of the office for which
elected.
SOURCE: IC 14-33-5-21; (03)AM029102.4. -->
SECTION 4.
IC 14-33-5-21
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 21. (a) If the board
issues revenue bonds for the collection, treatment, and disposal of
sewage and liquid waste, the board may do the following:
(1)
Subject to sections 21.5, 21.6, and 21.7 of this chapter,
establish just and equitable rates and charges and use the same
basis for the rates as provided in
IC 36-9-23-25
through
IC 36-9-23-29.
(2) Collect and enforce the rates, beginning with the
commencement of construction as provided in
IC 36-9-23.
(3) Establish rules and regulations.
(4) Require connection to the board's sewer system of any
property producing sewage or similar waste and require
discontinuance of use of privies, cesspools, septic tanks, and
similar structures. The board may enforce this requirement by
civil action in circuit or superior court as provided in
IC 36-9-23-30.
(5) Provide for and collect a connection charge to the board's
sewer system as provided in
IC 36-9-23-25
through
IC 36-9-23-29.
(6) Contract for treatment of the board's sewage and pay a fair and
reasonable connection fee or rate for treatment, or a combination
of both, as provided in
IC 36-9-23-16.
(7) Secure the bonds by a trust indenture as provided in
IC 36-9-23-22.
(8) Create a sinking fund for the payment of principal and interest
and accumulate reasonable reserves as provided in
IC 36-9-23-21.
(9) Issue temporary revenue bonds to be exchanged for definite
revenue bonds as provided in
IC 36-9-23-17
through
IC 36-9-23-20.
(10) Issue additional revenue bonds as part of the same issue if
the issue does not meet the full cost of the project for which the
bonds were issued as provided in
IC 36-9-23-17
through
IC 36-9-23-20.
(11) Issue additional revenue bonds for improvements,
enlargements, and extensions as provided in
IC 36-9-23-18.
(12) Covenant with the holders of the revenue bonds for the
following:
(A) Protection of the holders concerning the use of money
derived from the sale of bonds.
(B) The collection of necessary rates and charges and
segregation of the rates and charges for payment of principal
and interest.
(C) Remedy if a default occurs.
The covenants may extend to both repayment from revenues and
other money available to the district by other statute as provided
in
IC 36-9-23.
(b) In the same manner as provided by
IC 36-9-23
, the rates or
charges made, assessed, or established by the district are a lien on a lot,
parcel of land, or building that is connected with or uses the works by
or through any part of the sewage system of the district. The liens:
(1) attach;
(2) are recorded;
(3) are subject to the same penalties, interest, and reasonable
attorney's fees on recovery; and
(4) shall be collected and enforced;
in substantially the same manner as provided in
IC 36-9-23-31
through
IC 36-9-23-32.".
SOURCE: Page 1, line 1; (03)AM029102.1. -->
Page 1, line 1, delete "IC 13-26-4-2.5" and insert "IC 14-33-5-21.5".
Page 1, line 3, delete "Sec. 2.5." and insert "
Sec. 21.5.".
Page 1, line 3, delete "a board election under" and insert "
all
districts.
(b) Notwithstanding any other law that applies to the
establishment of rates and charges by a district, after the
introduction of an ordinance establishing rates and charges but
before the ordinance is finally adopted, in addition to any other
notice required under this chapter, the notice of the hearing setting
forth the proposed schedule of rates and charges must be given by
mail to all freeholders in the district if the ordinance establishing
the rates and charges is introduced after June 30, 2003. A notice
mailed under this subsection must be postmarked not later than
ten (10) days before the date fixed in the notice for the hearing. The
notice required under this subsection may be included in the
district's periodic billing if the billing is postmarked not later than
ten (10) days before the date fixed in the notice for the hearing.
(c) In the case of an increase or a readjustment in the rates or
charges that is greater than five percent (5%) per year, as
calculated from the rates and charges in effect from the date of the
district's last rate increase before January 1, 2003, the notice
required by subsection (b) must contain a statement informing the
freeholders in the district of the freeholders' right, under section
21.7 of this chapter and
IC 36-9-23-26.1
, to file a petition objecting
to any ordinance finally adopted by the board that increases the
rates and charges.
SOURCE: IC 14-33-5-21.6; (03)AM029102.6. -->
SECTION 6.
IC 14-33-5-21.6
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 21.6. (a) This section applies to all
districts.
(b) The presumption established by
IC 36-9-23-25
(b) does not
apply to rates and charges established after June 30, 2003, by a
district under section 21 of this chapter.
SOURCE: IC 14-33-5-21.7; (03)AM029102.7. -->
SECTION 7.
IC 14-33-5-21.7
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 21.7. (a) This section applies to all
districts.
(b) Notwithstanding any other law that applies to the
establishment of rates and charges by a district, a written petition
objecting to an ordinance finally adopted after June 30, 2003, that
increases or readjusts the rates and charges of the district may
contain the minimum number or proportion of freeholders in the
district described in
IC 14-33-2-2
as an alternative to the petition
requirements described in
IC 36-9-23-26.1
(a)(2). In all other
respects, the procedure provided in
IC 36-9-23-26.1
applies to a
written petition filed in accordance with this subsection.
SOURCE: ; (03)AM029102.8. -->
SECTION 8. [EFFECTIVE JULY 1, 2003]
IC 14-33-5-2
,
IC 14-33-5-4
, and
IC 14-33-5-6
, all as amended by this act, apply
to annual meetings of conservancy districts held after June 30,
2003.".
SOURCE: Page 1, line 4; (03)AM029102.1. -->
Page 1, delete lines 4 through 17.
Delete pages 2 through 3.
Renumber all SECTIONS consecutively.
(Reference is to SB 291 as introduced.)
and when so amended that said bill do pass .
Committee Vote: Yeas 7, Nays 0.
____________________________________
Senator Lawson C, Chairperson
AM 029102/DI 102 2003