2014 Indiana Code TITLE 14. NATURAL AND CULTURAL RESOURCES ARTICLE 30. RIVER BASIN COMMISSIONS CHAPTER 1. KANKAKEE RIVER BASIN COMMISSION
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IC 14-30
ARTICLE 30. RIVER BASIN COMMISSIONS
IC 14-30-1
Chapter 1. Kankakee River Basin Commission
IC 14-30-1-1
"Basin" defined
Sec. 1. As used in this chapter, "basin" refers to the Kankakee
River basin.
As added by P.L.1-1995, SEC.23.
IC 14-30-1-2
"Commission" defined
Sec. 2. As used in this chapter, "commission" refers to the
Kankakee River basin commission established by this chapter.
As added by P.L.1-1995, SEC.23.
IC 14-30-1-3
"Kankakee River basin" defined
Sec. 3. As used in this chapter, "Kankakee River basin" means the
area in Jasper County, LaPorte County, Lake County, Marshall
County, Newton County, Porter County, St. Joseph County, and
Starke County that is drained by the Kankakee River and tributaries
of the Kankakee River in Indiana.
As added by P.L.1-1995, SEC.23.
IC 14-30-1-4
Establishment
Sec. 4. The Kankakee River basin commission is established.
As added by P.L.1-1995, SEC.23.
IC 14-30-1-5
Activities limited
Sec. 5. The commission shall limit the commission's activities to
the Kankakee River basin.
As added by P.L.1-1995, SEC.23.
IC 14-30-1-6
Members
Sec. 6. The commission consists of the following three (3)
individuals from each county that contains part of the basin:
(1) The county surveyor or an employee of the county surveyor
appointed by the county surveyor to represent the county
surveyor on the commission.
(2) One (1) member of the board of supervisors of the soil and
water conservation district, appointed by the supervisors of the
soil and water conservation district.
(3) One (1) member appointed by the executive of the county.
As added by P.L.1-1995, SEC.23. Amended by P.L.141-1997, SEC.1.
IC 14-30-1-7
Term of office
Sec. 7. The term of office of an appointed member of the
commission is three (3) years and continues until a successor is
appointed and certified.
As added by P.L.1-1995, SEC.23.
IC 14-30-1-8
Reappointment; vacancies
Sec. 8. (a) An individual appointed to the commission is eligible
for reappointment.
(b) If a vacancy occurs in the position of an appointed member of
the commission, the entity authorized under section 6(2) or 6(3) of
this chapter to appoint the member shall appoint a new member to fill
the vacancy in the same way that the member to be replaced was
appointed.
As added by P.L.1-1995, SEC.23. Amended by P.L.141-1997, SEC.2.
IC 14-30-1-9
Officers
Sec. 9. (a) The commission shall elect the following officers:
(1) A chairman.
(2) A vice chairman.
(3) A secretary.
(4) A treasurer.
(b) The:
(1) terms of the officers elected under subsection (a) may not
exceed one (1) year; and
(2) officers are eligible for reelection.
(c) The commission may establish and fill other offices the
commission considers necessary.
(d) Each officer of the commission shall perform the duties
usually pertaining to the office.
As added by P.L.1-1995, SEC.23.
IC 14-30-1-10
Meetings
Sec. 10. (a) The commission shall fix the times of the
commission's regular meetings. The commission shall hold regular
meetings at least bimonthly.
(b) A special meeting of the commission may be called by the
chairman or by five (5) members upon written notice fixing the time
and place of the meeting. However, written notice of a special
meeting is not required if:
(1) the time of the special meeting was fixed at a regular
meeting; or
(2) all the members are present at the special meeting.
(c) A member of the commission may waive notice of a meeting
by a written waiver filed with the secretary of the commission.
As added by P.L.1-1995, SEC.23. Amended by P.L.141-1997, SEC.3.
IC 14-30-1-11
Rules
Sec. 11. (a) The following rules apply to proceedings of the
commission:
(1) Twelve (12) members constitute a quorum.
(2) At least eight (8) affirmative votes are required for the
commission to take action.
(3) The commission shall keep a record of the commission's
resolutions, transactions, and findings. This record is a public
record.
(b) The commission may adopt additional rules for the transaction
of business.
As added by P.L.1-1995, SEC.23. Amended by P.L.141-1997, SEC.4.
IC 14-30-1-12
Annual report
Sec. 12. The commission shall make an annual report of the
commission's activities to the following:
(1) The executive of each county in the basin.
(2) Upon request to the following:
(A) The governor.
(B) The general assembly. The report must be in an
electronic format under IC 5-14-6.
As added by P.L.1-1995, SEC.23. Amended by P.L.28-2004,
SEC.132.
IC 14-30-1-13
Duties
Sec. 13. (a) The commission:
(1) shall coordinate the development of the basin; and
(2) may request assistance of the regional planning commissions
affected in the preparation of a comprehensive development
plan for the basin.
(b) All planning and development programs of the commission
must be approved by the following:
(1) Each regional planning commission affected.
(2) The department.
As added by P.L.1-1995, SEC.23.
IC 14-30-1-14
Powers
Sec. 14. The commission may do the following:
(1) Conduct all studies necessary for the performance of the
commission's duties.
(2) Publicize, advertise, and distribute reports on the
commission's purposes, objectives, and findings.
(3) When requested, provide recommendations in matters
related to the commission's functions and objectives to the
following:
(A) Political subdivisions in the basin.
(B) Other public and private agencies.
(4) When requested, act as a coordinating agency for programs
and activities of other public and private agencies that are
related to the commission's objectives.
As added by P.L.1-1995, SEC.23.
IC 14-30-1-15
Grants and appropriations
Sec. 15. (a) The commission may receive grants and
appropriations from the following:
(1) Federal, state, and local governments.
(2) Individuals, foundations, and other organizations.
(b) The commission may enter into agreements or contracts
regarding the acceptance or use of these grants and appropriations for
the purpose of carrying out the commission's activities under this
chapter.
(c) The commission must expend money appropriated to the
commission for the purpose for which the money is appropriated.
As added by P.L.1-1995, SEC.23. Amended by P.L.141-1997, SEC.5.
IC 14-30-1-16
Property interests
Sec. 16. (a) The commission may:
(1) acquire and dispose of real or personal property by grant,
gift, purchase, lease, devise, or otherwise; and
(2) hold, use, improve, maintain, operate, own, manage, or lease
as lessor or lessee real or personal property or any interest in
that property;
for the purposes prescribed by this chapter.
(b) The commission may exercise the powers granted by this
section for the development of the water resources of the basin.
As added by P.L.1-1995, SEC.23.
IC 14-30-1-17
Capacity to sue or be sued
Sec. 17. The commission may sue and be sued.
As added by P.L.1-1995, SEC.23.
IC 14-30-1-18
Agreements with agencies in other states
Sec. 18. The commission may, with the approval of the regional
planning commissions affected and the department, enter into
agreements with agencies in another state that are responsible for the
planning or development of all or part of the basin in the other state.
As added by P.L.1-1995, SEC.23.
IC 14-30-1-19
Executive board
Sec. 19. (a) The commission may establish an executive board
consisting of the following:
(1) The chairman of the commission.
(2) Eight (8) other members, one (1) from each county in the
basin, to be chosen in a manner prescribed by the commission.
(b) The commission may delegate to the executive board the
power to do the following:
(1) Recommend to the commission rules and regulations for the
use and operation of commission properties.
(2) Conduct hearings on proposed commission projects.
(3) Perform other administrative duties assigned by the
commission.
As added by P.L.1-1995, SEC.23.
IC 14-30-1-20
Advisory committees
Sec. 20. The commission may appoint advisory committees
consisting of individuals whose experience, training, or interest in the
program enables the individuals to assist the commission. A member
of an advisory committee is not entitled to compensation for the
member's services.
As added by P.L.1-1995, SEC.23.
IC 14-30-1-21
Budgets and appropriations
Sec. 21. (a) The counties in the basin may budget, appropriate, and
disburse an aggregate amount not to exceed fifty thousand dollars
($50,000) per year to carry out the purposes of the commission under
this chapter. The appropriation shall be apportioned among the
counties in the basin in direct relationship to the amount of land area
lying within the basin boundaries.
(b) The department shall certify the boundaries and the drainage
area of each county within the basin after consultation with the
respective county surveyors and the United States Army Corps of
Engineers. The determination and certification shall be prepared
before submission of budgets to the appropriating bodies so that the
correct amount can be appropriated.
(c) A regional planning commission may, upon request from the
commission, furnish for a reasonable charge the support staff
necessary for the commission.
As added by P.L.1-1995, SEC.23.
IC 14-30-1-22
Duties
Sec. 22. (a) The commission shall do the following:
(1) Prepare and adopt by majority vote an annual budget.
(2) Submit the budget to each county, municipality, or agency
appropriating money for the use of the commission.
(b) After approval of the budget by the commission, money may
be expended only as budgeted unless a majority vote of the
commission authorizes other expenditure.
(c) Any appropriated amounts remaining unexpended or
unencumbered at the end of the year become part of a nonreverting
cumulative fund to be held in the name of the commission. The
commission may authorize unbudgeted expenditures from this fund
by a majority vote of the commission.
(d) The commission is responsible for the safekeeping and deposit
of money the commission receives under this chapter. The state board
of accounts shall:
(1) prescribe the methods and forms for keeping; and
(2) periodically audit;
the accounts, records, and books of the commission.
(e) The treasurer of the commission may receive, disburse, and
handle money belonging to the commission, subject to the following:
(1) Applicable statutes.
(2) Procedures established by the commission.
As added by P.L.1-1995, SEC.23.
IC 14-30-1-23
Mileage allowance
Sec. 23. A member of the commission is entitled in the
performance of official duties to an amount for mileage equal to that
fixed by the budget agency as payment to all persons entitled to
receive a mileage allowance from the state.
As added by P.L.1-1995, SEC.23.
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