SB 430 Indiana Senate · 2020 Regular Session

Reservoir conservancy districts.

Summary
Allows a conservancy district to be established as a "reservoir conservancy district" if: (1) the conservancy district will be established for certain purposes; (2) the boundaries will encompass part or all of a reservoir located partly within a consolidated city; and (3) at least 25% of the surface of the reservoir is owned by a utility governed by a board of directors for utilities of a consolidated city. Requires the board of directors of a reservoir conservancy district and the utility that owns the reservoir (utility owner) to enter into an operating agreement that describes all works of improvement and maintenance that the reservoir conservancy district proposes to perform. Requires that all such works be approved by the utility owner before the work begins. Provides that a reservoir conservancy district has all of the powers granted to other conservancy districts with certain exceptions, including: (1) a reservoir conservancy district does not have the power of eminent domain; and (2) the utility owner is exempt from all assessments, taxes, and fees imposed by the reservoir conservancy district. Imposes a limit on the special benefits tax levy of a reservoir conservancy district. Authorizes a reservoir conservancy district to impose and collect fees for the recreational use of watercraft on the reservoir, but provides that a one year use fee for a nonresident may not be 50% greater than the one year use fee for a resident, and that a one-day use fee may not exceed 17% of a one year use fee. Authorizes a reservoir conservancy district to establish rules concerning safety and resource conservation but provides that the rules shall not interfere with state rules or with the use of the reservoir for water supply purposes, shall not impair the commercial license of the commercial licensee of the utility owner, and shall not discourage uses of the reservoir for activities allowed under the fish and wildlife laws. Authorizes a reservoir conservancy district to: (1) install catch basins and filtration systems; (2) implement erosion control measures; (3) dredge; and (4) take other actions; with authorization from state and federal agencies. Provides that the utility owner has sole authority to control the water level and water quality of the reservoir. Provides that, except in a case of intentional or willful and wanton misconduct, the utility owner is not liable for any personal injury, death, property damage, or other loss that an individual incurs while present on or in the reservoir. Includes provisions concerning the potential civil liability of the utility owner, the state, the reservoir conservancy district, and owners of property located in a reservoir conservancy district for personal injury, death, or property damage occurring within the reservoir conservancy district.
Bill status signed all 5 stages cleared
Introduction
Mar 2020
Committee Review
Feb 2020
Senate Passage
Feb 2020
House Passage
Feb 2020
Signed into Law
Mar 2020
Introduced Mar 3, 2020 Signed Mar 21, 2020
Floor votes · Senate Feb 4, 2020 · House Feb 27, 2020

How they voted

372
Passed · 2 other
Total votes 41
Feb 4, 2020
D Democratic8
6 Yea 2
75% Yea
R Republican33
31 Yea 2 Nay
93% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
25
Key actions
7
Committee
3
Amendments
4
Mar 21, 2020
Signed into law
Signed by the Governor
executive
Mar 4, 2020
Amended
Senate concurred in House amendments; Roll Call 333: yeas 46, nays 3
upper
Mar 3, 2020
Introduced
Motion to concur filed
upper
Feb 28, 2020
Amended
Returned to the Senate with amendments
lower
Feb 27, 2020
House · Passed
House Vote: pass (85-0-7)
house
Feb 20, 2020
Lower · Passed
Committee report: amend do pass, adopted
lower
Feb 5, 2020
Committee
Referred to the House
upper
Feb 4, 2020
Senate · Passed
Senate Vote: pass (37-2-2)
senate
Feb 3, 2020
Upper · Passed
Amendment #6 (Spartz) prevailed; voice vote
upper
Feb 3, 2020
Upper · Passed
Amendment #3 (Messmer) prevailed; voice vote
upper
Jan 28, 2020
Upper · Passed
Committee report: amend do pass, adopted
upper
2 primary · 1 co-sponsor

Sponsors