Bill Summary

House Research Department

         File Number:     H.F. 17                                                               

                 Version:     As introduced

                    Date:    March 25, 2009

                                                                                  

                    Authors:     Sertich

                    Subject:     Central Iron Range Sanitary Sewer District, retroactively authorized

                     Analyst:     Deborah A. Dyson

 

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This bill would authorize the Central Iron Range Sanitary Sewer District, retroactively from 2003. A law establishing the district was initially enacted in 2002 and required local approval, which was not completed because the 2002 law incorrectly referred to Kinney as a town instead of a city and other provisions that apparently did not meet the desires of the members of the proposed district.

In 2003, a bill was introduced with the entire text of the enabling legislation with the corrections and changes the members of the proposed district wanted. Again, it required local approval to take effect. At some point before it was enacted, the bill was amended so that it only contained the sections of the 2002 law that were being amended. Obviously, in amending the bill this way, it was not understood that the 2002 law had not taken effect. And so even though local approval was completed, it was for amendments to a law that did not take effect.

In 2008, a corrective measure was enacted providing that the 2002 law with the 2003 changes would be effective upon, once again, local approval of all the effected local governmental units, and all of them did so except for one township, whose local approval certificate was filed with the Secretary of State one day late thereby invalidating the corrective measure. The result is that the Central Iron Range Sanitary Sewer District enabling legislation still has not become effective.

This bill is much the same as the 2002 law with the 2003 changes but is rewritten as permissive authority and effective retroactively from December 27, 2003. Because it is permissive enabling legislation, it does not need local approval.

The bill authorizes the Central Iron Range Sanitary Sewer District, to be governed by a board. The bill provides for the organization, operation, powers and duties of the board, requires it to adopt a budget and allocate costs of the system. It provides for public hearings and special assessments, the issuance of bonds, certificates and other obligations including general obligation bonds.