Bill Text: IN SB0123 | 2012 | Regular Session | Introduced
Bill Title: Sewer district boards.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-04 - First reading: referred to Committee on Local Government [SB0123 Detail]
Download: Indiana-2012-SB0123-Introduced.html
Introduced Version
SENATE BILL No. 123
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 13-26.
Synopsis: Sewer district boards. Requires that the board of trustees of
a regional sewer district must be elected. Provides for the transition
from an appointed to an elected board.
Effective: July 1, 2012.
Leising
January 4, 2012, read first time and referred to Committee on Local Government.
Introduced
Second Regular Session 117th General Assembly (2012)
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
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
SENATE BILL No. 123
A BILL FOR AN ACT to amend the Indiana Code concerning
environmental law.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 13-26-2-8; (12)IN0123.1.1. -->
SECTION 1. IC 13-26-2-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 8. (a) After the hearing
on the petition for the establishment of the proposed district, which
may be adjourned periodically, the hearing officer shall make findings
on the petition and other relevant facts and recommendations as to
whether:
(1) the petition should be:
(A) approved;
(B) approved with modifications; or
(C) denied; and
(2) a district should be established.
(b) If the recommendation is in the affirmative, the recommendation must also include recommendations on:
(1) the manner of the selection;or appointment;
(2) the number; and
(3) the terms;
of the board.
(c) The description of the territory to be included in a district may not include territory in a municipality that has, by ordinance or resolution filed with the department, exercised the option not to be included in the district.
(1) the petition should be:
(A) approved;
(B) approved with modifications; or
(C) denied; and
(2) a district should be established.
(b) If the recommendation is in the affirmative, the recommendation must also include recommendations on:
(1) the manner of the selection;
(2) the number; and
(3) the terms;
of the board.
(c) The description of the territory to be included in a district may not include territory in a municipality that has, by ordinance or resolution filed with the department, exercised the option not to be included in the district.
SOURCE: IC 13-26-2-10; (12)IN0123.1.2. -->
SECTION 2. IC 13-26-2-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 10. (a) If the
commissioner determines that the findings show that the establishment
of a recommended district:
(1) complies with the conditions of this chapter for establishment of a district; and
(2) appears capable of accomplishing the purpose or purposes in an economically feasible manner;
the commissioner shall issue an order directing that the district be established as an independent municipal corporation with a name and for the purposes designated in the order.
(b) An order must do the following:
(1) Provide for the selectionor appointment and terms of offices,
not to exceed four (4) years, of the board as follows:
(A) For an order issued before July 1, 2012, by election or appointment.
(B) For an order issued after June 30, 2012, by election.
(2) Provide requirements for sufficient bond for all officers, trustees, or employees having power to dispense money of the district.
(3) If an eligible entity with territory in the district has a public water or solid waste sewer system, contain provisions protecting the investments of the entities and protecting the rights of the holders of bonds or other obligations issued to provide money for the system.
(4) Direct the district to file a detailed plan for the initial project of the district not later than nine (9) months after the date of the preliminary order or within a further time that the department from time to time orders.
(c) An order issued before July 1, 2012, is subject to amendment under IC 13-26-4-8.
(1) complies with the conditions of this chapter for establishment of a district; and
(2) appears capable of accomplishing the purpose or purposes in an economically feasible manner;
the commissioner shall issue an order directing that the district be established as an independent municipal corporation with a name and for the purposes designated in the order.
(b) An order must do the following:
(1) Provide for the selection
(A) For an order issued before July 1, 2012, by election or appointment.
(B) For an order issued after June 30, 2012, by election.
(2) Provide requirements for sufficient bond for all officers, trustees, or employees having power to dispense money of the district.
(3) If an eligible entity with territory in the district has a public water or solid waste sewer system, contain provisions protecting the investments of the entities and protecting the rights of the holders of bonds or other obligations issued to provide money for the system.
(4) Direct the district to file a detailed plan for the initial project of the district not later than nine (9) months after the date of the preliminary order or within a further time that the department from time to time orders.
(c) An order issued before July 1, 2012, is subject to amendment under IC 13-26-4-8.
SOURCE: IC 13-26-4-2; (12)IN0123.1.3. -->
SECTION 3. IC 13-26-4-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2. (a) An order issued
before July 1, 2012, establishing a district:
(1) may provide for the board to be elected by the voters in the district from districts or wards or from the district at large; and
(2) is subject to amendment under section 8 of this chapter.
(b) An order issued after June 30, 2012, establishing a district
(1) may provide for the board to be elected by the voters in the district from districts or wards or from the district at large; and
(2) is subject to amendment under section 8 of this chapter.
(b) An order issued after June 30, 2012, establishing a district
must provide for the board to be elected by the voters in the
district from districts or wards or from the district at large.
(c) Elections and provisions for filling vacancies must be in
accordance with IC 3, with the commissioner or the commissioner's
designees performing the functions of the election officials.
SOURCE: IC 13-26-4-3; (12)IN0123.1.4. -->
SECTION 4. IC 13-26-4-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. (a) This section
does not apply to orders issued after June 30, 2012.
(b) Instead of electing the board, an order establishing a district may provide for appointments to the board by the elected executive or legislative officers of the eligible entities having territory in the district.
(b) Instead of electing the board, an order establishing a district may provide for appointments to the board by the elected executive or legislative officers of the eligible entities having territory in the district.
SOURCE: IC 13-26-4-4; (12)IN0123.1.5. -->
SECTION 5. IC 13-26-4-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4. (a) This section
does not apply to orders issued after June 30, 2012.
(a) (b) If:
(1) a district will include territory in more than one (1) county;
(2) a county executive has filed a petition for a district including territory owned, leased, or controlled by the department of natural resources; or
(3) the department of natural resources has filed a petition;
the order establishing the district may provide that the governor appoints any number of trustees, but less than one-half (1/2) of the total.
(b) (c) If a district contains or a proposed district will contain a state
correctional facility, the department, when:
(1) issuing an order establishing the district under IC 13-26-2-10; or
(2) approving or modifying a petition filed by the district's board of trustees under IC 13-26-1-2;
may allow for the appointment of one (1) member of the board of trustees of the district by the commissioner of the department of correction.
(1) a district will include territory in more than one (1) county;
(2) a county executive has filed a petition for a district including territory owned, leased, or controlled by the department of natural resources; or
(3) the department of natural resources has filed a petition;
the order establishing the district may provide that the governor appoints any number of trustees, but less than one-half (1/2) of the total.
(1) issuing an order establishing the district under IC 13-26-2-10; or
(2) approving or modifying a petition filed by the district's board of trustees under IC 13-26-1-2;
may allow for the appointment of one (1) member of the board of trustees of the district by the commissioner of the department of correction.
SOURCE: IC 13-26-4-5; (12)IN0123.1.6. -->
SECTION 6. IC 13-26-4-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 5. (a) This section
does not apply to an order issued after June 30, 2012.
(b) If a plan also contemplates that sewage treatment for the district will be provided in cooperation with a municipality, the order must provide that:
(1) at least one (1) trustee shall be appointed by the executive of the municipality; and
(2) at least:
(A) one (1) trustee shall be appointed by the fiscal body; and
(B) one (1) trustee shall be appointed by the executive;
of the county having the largest amount of territory in the district.
(b) If a plan also contemplates that sewage treatment for the district will be provided in cooperation with a municipality, the order must provide that:
(1) at least one (1) trustee shall be appointed by the executive of the municipality; and
(2) at least:
(A) one (1) trustee shall be appointed by the fiscal body; and
(B) one (1) trustee shall be appointed by the executive;
of the county having the largest amount of territory in the district.
SOURCE: IC 13-26-4-8; (12)IN0123.1.7. -->
SECTION 7. IC 13-26-4-8 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2012]: Sec. 8. (a) This section applies to an order that:
(1) is issued before July 1, 2012; and
(2) provides for appointment of at least one (1) trustee.
(b) Not later than January 1, 2013, an order must be amended to provide for:
(1) the election of all trustees in accordance with IC 3, with the commissioner or the commissioner's designees performing the functions of the election officials; and
(2) the transition from appointed to elected trustees.
(1) is issued before July 1, 2012; and
(2) provides for appointment of at least one (1) trustee.
(b) Not later than January 1, 2013, an order must be amended to provide for:
(1) the election of all trustees in accordance with IC 3, with the commissioner or the commissioner's designees performing the functions of the election officials; and
(2) the transition from appointed to elected trustees.
