Bill Text: IN SB0110 | 2010 | Regular Session | Enrolled


Bill Title: Conservancy district elections.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Passed) 2010-03-25 - Section 5 effective 07/01/2010 [SB0110 Detail]

Download: Indiana-2010-SB0110-Enrolled.html


Second Regular Session 116th General Assembly (2010)


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 2009 Regular and Special Sessions of the General Assembly.


    SENATE ENROLLED ACT No. 110



     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 14-33-5-5; (10)SE0110.1.1. -->
    SECTION 1. IC 14-33-5-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5. (a) Before the annual meeting, the board shall prepare the ballots and a list of the freeholders of the district, which must be certified by the county auditor and placed in the district's files. A deficiency in this process or an omission of the names of any freeholders does not void action taken at an annual meeting.
    (b) A freeholder as prescribed by IC 14-33-2-3 is entitled to Only one (1) vote may be cast per freeholder. freehold.
SOURCE: IC 14-33-5-11.5; (10)SE0110.1.2. -->     SECTION 2. IC 14-33-5-11.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 11.5. (a) Notwithstanding the other provisions of this chapter, if there is only one (1) nominee for election to the board to represent an area, the nominee for election to the board to represent that area is considered elected.
    (b) Notwithstanding the other provisions of this chapter, if there is only one (1) nominee for election to the board for each area for which a director is to be elected, the following apply:
        (1) The election otherwise required to be held under this chapter is not required to be held.
        (2) Each of the nominees for election to the board is

considered elected as if the election had been held and each nominee was elected as provided in this chapter.

SOURCE: IC 14-33-5-18; (10)SE0110.1.3. -->     SECTION 3. IC 14-33-5-18 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 18. (a) The board may appoint, prescribe the duties, and fix the compensation of the following:
        (1) A secretary.
        (2) A financial clerk.
        (3) An engineer.
        (4) Employees that are necessary for the discharge of duties and responsibilities of the board.
    (b) A financial clerk shall execute a surety bond in the manner prescribed by IC 5-4-1.
    (c) The board may make contracts for the following:
        (1)
Special and temporary services, including professional counsel.
         (2) Leases of land to a provider of commercial mobile service (as defined in 47 U.S.C. 332) that allows for the construction, use, and maintenance of a tower that is used for telecommunications purposes.
SOURCE: IC 14-33-5.4-3.5; (10)SE0110.1.4. -->     SECTION 4. IC 14-33-5.4-3.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3.5. (a) If in the opinion of the secretary of the district a freehold has been divided into multiple freeholds for the sole purpose of increasing the number of freeholders eligible to cast a vote in an election under this chapter, the secretary of the district may determine to exclude the freeholders of those multiple freeholds from the list of freeholders referred to in section 3(f) of this chapter.
     (b) The determination of the secretary of the district under subsection (a) may be challenged by petitioning the circuit court that created the district.
SOURCE: IC 14-33-5.4-7.5; (10)SE0110.1.5. -->     SECTION 5. IC 14-33-5.4-7.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 7.5. (a) Notwithstanding the other provisions of this chapter, if there is only one (1) nominee for election to the board to represent an area, the nominee for election to the board to represent that area is considered elected.
    (b) Notwithstanding the other provisions of this chapter, if there is only one (1) nominee for election to the board for each area for which a director is to be elected, the following apply:
        (1) The election otherwise required to be held under this

chapter is not required to be held.
        (2) Each of the nominees for election to the board is considered elected as if the election had been held and each nominee was elected as provided in this chapter.

SOURCE: ; (10)SE0110.1.6. -->     SECTION 6. An emergency is declared for this act.


SEA 110 _ Concur

Figure

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