CHAPTER 1. KANKAKEE RIVER BASIN COMMISSION
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 KankakeeRiver 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 theKankakee 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 thearea in Jasper County, LaPorte County, Lake County, MarshallCounty, Newton County, Porter County, St. Joseph County, andStarke County that is drained by the Kankakee River and tributariesof 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 tothe 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 surveyorappointed by the county surveyor to represent the countysurveyor on the commission.
(2) One (1) member of the board of supervisors of the soil andwater conservation district, appointed by the supervisors of thesoil 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 thecommission is three (3) years and continues until a successor isappointed 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 eligiblefor reappointment.
(b) If a vacancy occurs in the position of an appointed member ofthe commission, the entity authorized under section 6(2) or 6(3) ofthis chapter to appoint the member shall appoint a new member tofill the vacancy in the same way that the member to be replaced wasappointed.
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 notexceed one (1) year; and
(2) officers are eligible for reelection.
(c) The commission may establish and fill other offices thecommission considers necessary.
(d) Each officer of the commission shall perform the dutiesusually 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 thecommission's regular meetings. The commission shall hold regularmeetings at least bimonthly.
(b) A special meeting of the commission may be called by thechairman or by five (5) members upon written notice fixing the timeand place of the meeting. However, written notice of a specialmeeting is not required if:
(1) the time of the special meeting was fixed at a regularmeeting; or
(2) all the members are present at the special meeting.
(c) A member of the commission may waive notice of a meetingby 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 thecommission:
(1) Twelve (12) members constitute a quorum.
(2) At least eight (8) affirmative votes are required for thecommission to take action.
(3) The commission shall keep a record of the commission'sresolutions, transactions, and findings. This record is a publicrecord.
(b) The commission may adopt additional rules for the transactionof 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 thecommission'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 anelectronic 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 planningcommissions affected in the preparation of a comprehensivedevelopment plan for the basin.
(b) All planning and development programs of the commissionmust 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 thecommission's duties.
(2) Publicize, advertise, and distribute reports on thecommission's purposes, objectives, and findings.
(3) When requested, provide recommendations in mattersrelated to the commission's functions and objectives to thefollowing:
(A) Political subdivisions in the basin. (B) Other public and private agencies.
(4) When requested, act as a coordinating agency for programsand activities of other public and private agencies that arerelated 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 andappropriations from the following:
(1) Federal, state, and local governments.
(2) Individuals, foundations, and other organizations.
(b) The commission may enter into agreements or contractsregarding the acceptance or use of these grants and appropriations forthe purpose of carrying out the commission's activities under thischapter.
(c) The commission must expend money appropriated to thecommission 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 leaseas lessor or lessee real or personal property or any interest inthat property;
for the purposes prescribed by this chapter.
(b) The commission may exercise the powers granted by thissection 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 regionalplanning commissions affected and the department, enter intoagreements with agencies in another state that are responsible for theplanning 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 boardconsisting of the following: (1) The chairman of the commission.
(2) Eight (8) other members, one (1) from each county in thebasin, to be chosen in a manner prescribed by the commission.
(b) The commission may delegate to the executive board thepower to do the following:
(1) Recommend to the commission rules and regulations for theuse and operation of commission properties.
(2) Conduct hearings on proposed commission projects.
(3) Perform other administrative duties assigned by thecommission.
As added by P.L.1-1995, SEC.23.
IC 14-30-1-20
Advisory committees
Sec. 20. The commission may appoint advisory committeesconsisting of individuals whose experience, training, or interest inthe program enables the individuals to assist the commission. Amember of an advisory committee is not entitled to compensation forthe 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 thousanddollars ($50,000) per year to carry out the purposes of thecommission under this chapter. The appropriation shall beapportioned among the counties in the basin in direct relationship tothe amount of land area lying within the basin boundaries.
(b) The department shall certify the boundaries and the drainagearea of each county within the basin after consultation with therespective county surveyors and the United States Army Corps ofEngineers. The determination and certification shall be preparedbefore submission of budgets to the appropriating bodies so that thecorrect amount can be appropriated.
(c) A regional planning commission may, upon request from thecommission, furnish for a reasonable charge the support staffnecessary 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 agencyappropriating money for the use of the commission.
(b) After approval of the budget by the commission, money maybe expended only as budgeted unless a majority vote of thecommission authorizes other expenditure.
(c) Any appropriated amounts remaining unexpended or
unencumbered at the end of the year become part of a nonrevertingcumulative fund to be held in the name of the commission. Thecommission may authorize unbudgeted expenditures from this fundby a majority vote of the commission.
(d) The commission is responsible for the safekeeping and depositof money the commission receives under this chapter. The stateboard 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, andhandle 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 theperformance of official duties to an amount for mileage equal to thatfixed by the budget agency as payment to all persons entitled toreceive a mileage allowance from the state.
As added by P.L.1-1995, SEC.23.