2014 Indiana Code TITLE 14. NATURAL AND CULTURAL RESOURCES ARTICLE 9. DEPARTMENT OF NATURAL RESOURCES CHAPTER 9. COUNTIES WITH SPECIAL BOAT PATROL NEEDS
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IC 14-9-9
Chapter 9. Counties with Special Boat Patrol Needs
IC 14-9-9-1
"Department" defined
Sec. 1. As used in this chapter, "department" refers to the
department of natural resources.
As added by P.L.137-1997, SEC.3.
IC 14-9-9-2
"Fiscal body" defined
Sec. 2. As used in this chapter, "fiscal body" has the meaning set
forth in IC 36-1-2-6(1) or IC 36-1-2-6(2), whichever applies.
As added by P.L.137-1997, SEC.3.
IC 14-9-9-3
"Fund" defined
Sec. 3. As used in this chapter, "fund" refers to the counties with
special boat patrol needs fund established by section 5 of this chapter.
As added by P.L.137-1997, SEC.3.
IC 14-9-9-4
"Lake" defined
Sec. 4. As used in this chapter, "lake" has the meaning set forth in
IC 14-8-2-137(1).
As added by P.L.137-1997, SEC.3.
IC 14-9-9-5
Establishment of fund; operation
Sec. 5. (a) The counties with special boat patrol needs fund is
established exclusively to provide grants to certain counties to
provide law enforcement services on lakes or boundary waters
located within the counties.
(b) The department shall administer the fund. Money in the fund
includes money transferred from the conservation officers marine
enforcement fund (IC 14-9-8-21.5). Money in the fund is annually
appropriated to the department and shall be used exclusively for the
enforcement of laws pertaining to watercraft on lakes or boundary
waters located in counties with special boat patrol needs as described
in this chapter.
(c) The expenses of administering the fund shall be paid from
money in the fund.
(d) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested.
(e) Money in the fund at the end of a fiscal year does not revert to
the state general fund.
As added by P.L.137-1997, SEC.3. Amended by P.L.233-2003,
SEC.5; P.L.219-2014, SEC.17.
IC 14-9-9-6
Distribution of grants from fund; formula
Sec. 6. The department shall develop a formula for the distribution
of grants from the fund. The formula must take into account at least
the following factors:
(1) The number of lakes or boundary waters located within the
county.
(2) The extent of boat usage for each lake or boundary waters in
the county.
(3) The total number of acres of lake or boundary waters surface
within the county.
(4) The extent to which law enforcement services on the lakes
or boundary waters located within the county are provided by
the county.
(5) Any other pertinent factor that affects the extent to which
law enforcement services are provided on lakes or boundary
waters located within the county.
As added by P.L.137-1997, SEC.3. Amended by P.L.219-2014,
SEC.18.
IC 14-9-9-7
Grant eligibility requirements
Sec. 7. For a county to be eligible to receive a grant from the fund,
each year in which a grant is sought the following must occur:
(1) The county sheriff must submit to the fiscal body an
estimated budget request to provide special needs boat patrol on
lakes or boundary waters located within the county. If the
county sheriff does not request a grant from the fund, the fiscal
body may complete an estimated budget.
(2) If the budget request is approved, the fiscal body must
timely apply to the department, on forms provided by the
department, for a grant under this chapter.
(3) The department must certify the information on the
application and, based on the formula developed under section
6 of this chapter, determine:
(A) whether the county may receive a grant; and
(B) the amount of the grant the county may receive;
under this chapter.
As added by P.L.137-1997, SEC.3. Amended by P.L.217-2011,
SEC.1; P.L.219-2014, SEC.19.
IC 14-9-9-8
Restrictions on grant usage
Sec. 8. (a) If a county is awarded a grant under this chapter, the
county must establish a special account within the county's general
fund. The grant must be deposited in the special account for the
county sheriff's or fiscal body's exclusive use in providing law
enforcement services on lakes or boundary waters located within the
county.
(b) The county sheriff or fiscal body may use grant money as
authorized under this chapter without appropriation. However,
itemized receipts for expenditures of money granted from the fund
must be submitted for inspection and review upon request of the
department. At the request of the department, the county auditor of
the participating county shall conduct an audit of the account.
(c) The receipt of a grant under this chapter may not be used as a
basis for lowering the county's maximum permissible ad valorem
property tax levy.
(d) All individuals providing law enforcement services using a
grant under this chapter, whether under the authority of the county
sheriff or under a contract with the fiscal body, must meet the
minimum training requirement set forth in IC 5-2-1-9.
As added by P.L.137-1997, SEC.3. Amended by P.L.217-2011,
SEC.2; P.L.219-2014, SEC.20.
IC 14-9-9-9
Time of distributions
Sec. 9. The department shall make the grant distributions to the
recipient counties in May and November.
As added by P.L.137-1997, SEC.3.
IC 14-9-9-10
Adoption of rules
Sec. 10. The department shall adopt rules under IC 4-22-2 to
implement this chapter, including rules governing:
(1) the deadlines for applying for a grant under this chapter; and
(2) the types of expenses incurred by a county sheriff's
department in providing the law enforcement services on lakes
or boundary waters in the county for which grant money may be
used.
As added by P.L.137-1997, SEC.3. Amended by P.L.219-2014,
SEC.21.
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