Bill Text: IN HB1574 | 2011 | Regular Session | Amended
Bill Title: Little Calumet River basin development commission.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2011-02-21 - Third reading: call withdrawn [HB1574 Detail]
Download: Indiana-2011-HB1574-Amended.html
Citations Affected: IC 14-8; IC 14-12; IC 14-13.
Synopsis: Little Calumet River basin development commission.
Requires the Little Calumet River basin development commission to
levy a special assessment on parcels of land within certain areas of the
Little Calumet River and Burns Waterway watershed. Provides that
money collected may be used only for expenses directly related to the
operation, repair, and maintenance of flood protection systems within
the watershed. Deposits money collected by the assessment into a
segregated account within the Little Calumet River project
development fund. Provides that if the amount in the account exceeds
$12 million the assessment may not be collected for 12 months and
until the amount in the segregated account is less than $7 million.
Provides for the transfer of $300 thousand dollars to the Indiana
regional development authority if the balance in the segregated account
is less than $7 million. Provides for the transfer of $900 thousand
dollars to the Indiana regional development authority if the balance in
the segregated account is equal to or exceeds $7 million. Repeals and
moves definition of "political subdivision".
Effective: July 1, 2011.
January 20, 2011, read first time and referred to Committee on Natural Resources.
February 10, 2011, amended, reported _ Do Pass.
February 17, 2011, read second time, amended, ordered engrossed.
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A BILL FOR AN ACT to amend the Indiana Code concerning
natural and cultural resources.
(1) For purposes of IC 14-12-1 and IC 14-13-2, the meaning set forth in
(2) For purposes of IC 14-20-1, the meaning set forth in IC 14-20-1-4.
(3) For purposes of IC 14-32-8, the meaning set forth in IC 14-32-8-2.
purposesof this chapter are to do the following:
(1) Promote the general health and welfare of citizens of Indiana.
(2) Provide for the creation, development, maintenance,
administration, and operation of park, recreation, marina, levees,
flood control and other public works projects.
(3) Create a commission with the authority to carry out the
purposes of this chapter.
(4) Create a commission capable of entering into and fulfilling the
requirements of a nonfederal interest (as defined by 42 U.S.C.
1962d-5b).
(b) The commission does not have the power of eminent domain for the construction of marina facilities north of U.S. Highway 12 or south of that point where the west arm of the Little Calumet River meets Burns Waterway. The commission's activities north of U.S. Highway 12 and within and adjacent to Burns Waterway are restricted to those activities that the commission determines to be necessary for the following:
(1) Channeling and maintenance.
(2) Construction of breakwaters.
(1) The map must be of sufficient detail to determine which parcels are within the watershed.
(2) The map must be produced by the United States Geological Survey or another federal or state governmental entity.
benefits to taxpayers in the area by promoting public safety and
economic development that is of public use and benefit.
(b) Except as provided in subsections (c) and (d), the
commission shall impose an annual special assessment against each
parcel of real property within the geographic area:
(1) west of Interstate Highway 65; and
(2) within the watershed of the Little Calumet River and
Burns Waterway in Lake County;
that is not an exempt parcel under IC 6-1.1-10.
(c) Before January 1, 2012, the special assessment for each
parcel must be as follows:
(1) A residential parcel of real property, fifty dollars ($50).
(2) An agricultural parcel of real property, one hundred
dollars ($100).
(3) A commercial parcel of real property, two hundred dollars
($200).
(4) An industrial or public utility parcel of real property, four
hundred dollars ($400).
Parcels shall be classified as residential, agricultural, commercial,
industrial, or public utility under this subsection using the same
classifications that apply to the assessment of real property under
the rules adopted by the department of local government finance.
(d) After December 31, 2011, the special assessment for each
parcel must be as follows:
(1) A residential parcel of real property, twenty-five dollars
($25).
(2) An agricultural parcel of real property, fifty dollars ($50).
(3) A commercial parcel of real property, one hundred dollars
($100).
(4) An industrial or public utility parcel of real property, two
hundred dollars ($200).
Parcels shall be classified as residential, agricultural, commercial,
industrial, or public utility under this subsection using the same
classifications that apply to the assessment of real property under
the rules adopted by the department of local government finance.
(e) If on July 1 of a calendar year the balance in the segregated
account within the fund exceeds twelve million dollars
($12,000,000) the commission shall suspend collection of the special
assessment:
(1) for at least twelve (12) months; and
(2) until the balance in the segregated account within the fund
is less than seven million dollars ($7,000,000).
(f) The commission shall certify the list of assessments to the
auditor of each county in which there are parcels of real property
subject to the special assessment.
(b) An assessment under this section shall be collected in the same manner as other special assessments under IC 6-1.1, except for the following:
(1) An assessment is not the personal obligation of the owner of the parcel affected by the assessment, and only the parcel actually affected by an assessment shall be sold for delinquency.
(2) An annual assessment shall be paid in full on or before the date the second installment of property taxes is due.
(c) At the time of each annual tax settlement, the county treasurer shall certify to the county auditor the amount of the special assessments collected.
(d) The county auditor shall pay special assessments collected by the county treasurer under this chapter to the commission.
(e) Special assessments collected under this chapter shall be deposited into a segregated account within the fund. Money collected under this section and deposited into the account:
(1) except as provided in subsection (f), may be used only for expenses directly related to the operation, repair, and maintenance of flood protection systems within the watershed; and
(2) may not be transferred into other accounts within the fund.
(f) In each year, the following amount must be transferred from the segregated account referred to in subsection (e) to the northwest Indiana regional development authority established by IC 36-7.5-2-1:
(1) If the balance in the segregated account on July 1 is less than seven million dollars ($7,000,000), three hundred thousand dollars ($300,000).
(2) If the balance in the segregated account on July 1 is equal to or exceeds seven million dollars ($7,000,000), nine hundred
thousand dollars ($900,000).
However, the aggregate amount paid to the northwest Indiana
regional development authority may not exceed six million dollars
($6,000,000). This subsection expires December 31, 2032.
