ASSOCIATION OF INDIANA CONSERVANCY DISTRICTS

Home

Objectives

Membership Information

2009 Membership

Annual Meeting

2009 General Assembly

2008 General Assembly

Current Issues

Links

Contact

 
House Bill 1001
Amends IC 6-1.1-17-20 – Requires that, among other taxing units, a conservancy district, whose assessed value is entirely contained within a city or town or which was originally established by the city or town, submit the proposed budget and levy at least thirty (30) days before the city or town fiscal body is required to hold budget approval hearings under IC 6-1.1-17.  If the conservancy district does not meet the qualifications in the previous sentence, the proposed budget and levy is to be submitted to the county fiscal body, at least thirty (30) days before the county fiscal body is required to hold budget approval hearings under IC 6-1.1-17.  The appropriate fiscal body is to review and may reduce or modify, but not increase, the proposed budget or tax levy.  If the conservancy district fails to file the required information with the appropriate fiscal body, the most recent annual appropriations and annual tax levy are continued for the ensuing year.

Amends IC 14-33-9-2 – Limits the amount conservancy districts can budget for contingencies to no more than ten (10) percent of the total budget.

House Bill 1033
Amends IC 36-1-12-1, governing local public works projects, to provide that a political subdivision or its agencies may: (1) participate in a utility efficiency program; (2) enter into a guaranteed savings contract; and (3) enter into a design-build contract instead of awarding a public works contract.

House Bill 1097
Adds IC 14-33-5-21.1 – Provides that, beginning September 1, 2009, if a campground in a conservancy district is billed for sewage service at a flat rate, the campground may instead elect to be billed for the sewage service, based on measured discharge, by installing, at the campground's expense, a meter to measure the actual amount of sewage discharged by the campground into the district's sewers.

Adds IC 14-33-5-21.2, which establishes a process by which a campground may dispute a conservancy district billing for sewage service.

House Bill 1230
Adds IC 5-3-1-3.5 – Requires all political subdivisions, with a budget of at least $300,000 and the power to levy a tax, to publish an annual report (if not required under any other statute to publish an annual report).

Amends IC 5-3-1-1 – Allows the officers of a political subdivision publishing notice to publish in only one newspaper in the political subdivision (instead of two newspapers), if only one newspaper is published in the political subdivision. After December 31, 2009, allows a newspaper or qualified publication to annually increase the basic publication charges that were in effect during the previous year by not more than 2.75%. Requires public notice advertisements to be in at least 7 point type.
Adds IC 5-3-1-1.5 – Requires a notice published in a newspaper to also be posted on the newspaper's Internet web site, if the newspaper maintains an Internet web site. Prohibits a newspaper from charging a fee for posting of the Internet notice.

House Bill 1514
Adds IC 36-1-12-4.9 – Provides that a political subdivision may award a contract for public work under the procurement law (IC 5-22) for the routine operation, routine repair, or routine maintenance of existing structures, buildings, or real property if the cost is estimated to be less than $150,000.

Amends IC 5-4-1-18 to increase the amount of a required surety bond for certain officials (including conservancy district financial clerks) and provide that the state board of accounts may require a higher surety bond for officials who have engaged in malfeasance, misfeasance, or nonfeasance that resulted in the misappropriation of, diversion of, or inability to account for public funds.  In accordance with the amendment, surety bonds for conservancy district financial clerks must be in the amount of $15,000 for each $1,000,000 in receipts; however, the bond may be no lower than $30,000 or higher than $300,000.  The minimum amount for other officials required to file individual bonds is increased to $15,000.  Additionally, language was added to stress that such coverage shall be annual.

Amends IC 5-11-1-2 to remove the passage formerly stating that the state board of accounts cannot require a municipality to use an electronic, automated or computerized system of accounting and reporting.  (Note: Conservancy Districts are NOT municipalities.  So, the state board of accounts could have, previously, required Conservancy Districts to use such systems.)

Amends IC 5-11-1-4, making the due date for annual financial reports (AFRs) 60 days after the end of the year, for all unit types.  (Formerly, Conservancy District AFRs were due, by statute, not later than 30 days.)  Also, adds the following language: “The reports must be filed electronically, in a manner prescribed by the state examiner that is compatible with the technology employed by the political subdivision.”  (Also, be aware that IC 5-11-1-10 establishes that the failure to file the AFR results in a Class B infraction and the forfeiture of office.)
 
Amends IC 5-11-5-1 – Requires a deputy examiner, field examiner, or private examiner to make a preliminary report to the state examiner if: (1) a substantial amount of public funds has been misappropriated or diverted or is unaccounted for; (2) there is a reasonable likelihood that the final examination report will include a finding that the entity that is the subject of the report failed to observe a uniform compliance guideline or failed to comply with a specific law; or (3) the malfeasance, misfeasance, or nonfeasance that resulted in the misappropriation of, diversion of, or inability to account for the public funds was committed by the officer or employee who is primarily responsible for ensuring compliance with laws regarding maintaining and accounting for the funds. Requires the state examiner to provide a copy of the report to the attorney general, and authorizes the attorney general to bring a civil action against the delinquent employee or the official bond to recover misappropriated funds. Authorizes the attorney general to attach the assets of the delinquent employee.