CHAPTER 17. HOOSIER ALLIANCE AGAINST DRUGS
IC 4-3-17
Chapter 17. Hoosier Alliance Against Drugs
IC 4-3-17-1
"Board" defined
Sec. 1. As used in this chapter, "board" refers to the board ofdirectors of the corporation.
As added by P.L.16-1989, SEC.1.
IC 4-3-17-2
"Corporation" defined
Sec. 2. As used in this chapter, "corporation" refers to the Hoosieralliance against drugs established under this chapter.
As added by P.L.16-1989, SEC.1.
IC 4-3-17-3
Establishment of corporation; prerequisites
Sec. 3. The governor may request, on behalf of the state, theestablishment of a private not-for-profit corporation named theHoosier alliance against drugs. The corporation may not commenceoperations or perform the functions listed in section 4 of this chapteruntil:
(1) articles of incorporation for the corporation have been filedwith, and a certificate of incorporation has been issued by, thesecretary of state;
(2) the corporation has conducted a public hearing for thepurpose of giving all interested parties an opportunity to reviewand comment upon the articles of incorporation, bylaws, andproposed methods of operation of the corporation; and
(3) the governor has certified to the secretary of state that allrequirements set forth in this chapter for the corporation havebeen satisfied.
Notice of the hearing under subdivision (2) must be given at leastfourteen (14) days before the hearing in accordance withIC 5-14-1.5-5(b).
As added by P.L.16-1989, SEC.1.
IC 4-3-17-4
Articles of incorporation or bylaws; merger
Sec. 4. (a) The articles of incorporation or bylaws of thecorporation, as appropriate, must provide that:
(1) the exclusive purpose of the corporation is to provide grantsand serve as a resource for education programs on drug andalcohol abuse, by providing assistance to persons or entitiesinvolved with:
(A) coordinating the activities of all parties having a role indrug and alcohol abuse education and prevention; and
(B) educating and assisting local communities in educatingIndiana citizens on the problems of drug and alcohol abuse;
(2) the board must include: (A) the governor or the governor's designee;
(B) the state health commissioner or the commissioner'sdesignee; and
(C) additional persons appointed by the governor, who haveknowledge or experience in drug or alcohol educationprograms;
(3) the governor shall designate a member of the board to serveas chairman of the board;
(4) the board shall select any other officers it considersnecessary, such as a vice chairman, treasurer, or secretary;
(5) the chairman of the board may appoint any subcommitteesthat the chairman considers necessary to carry out the duties ofthe corporation;
(6) with the approval of the governor, the corporation mayappoint a president, who shall serve as the chief operatingofficer of the corporation and who may appoint staff or employconsultants to carry out the corporation's duties under thischapter, including personnel to receive or disseminateinformation that furthers the goals of the corporation;
(7) the corporation may receive funds from any source(including state appropriations), may enter into contracts, andmay expend funds for any activities necessary, convenient, orexpedient to carry out its purposes;
(8) any amendments to the articles of incorporation or bylawsof the corporation must be approved by the board;
(9) the corporation shall submit an annual report to thegovernor, lieutenant governor, and chairman of the legislativecouncil before December 31 of each year;
(10) the corporation shall conduct an annual public hearing toreceive comments from interested parties regarding the annualreport, and notice of the hearing shall be given at least fourteen(14) days before the hearing in accordance withIC 5-14-1.5-5(b); and
(11) the corporation is subject to an annual audit by the stateboard of accounts, and the corporation shall bear the full costsof this audit.
An annual report described in subdivision (9) that is submitted to thechairman of the legislative council must be in an electronic formatunder IC 5-14-6.
(b) The corporation may perform other acts necessary, convenient,or expedient to carry out its purposes under this chapter and has allthe rights, powers, and privileges granted to corporations by IC 23-17and by common law.
(c) With the approval of the governor, the corporation may mergewith an entity with similar purposes. If the corporation merges withanother entity under this subsection, the governor shall revoke thecertification under section 7 of this chapter.
As added by P.L.16-1989, SEC.1. Amended by P.L.12-1990, SEC.1;P.L.179-1991, SEC.5; P.L.23-1995, SEC.1; P.L.28-2004, SEC.21.
IC 4-3-17-5
Duties of corporation
Sec. 5. After being certified by the governor under section 3 ofthis chapter, the corporation shall do the following:
(1) Conduct an ongoing analysis of the educational programsbeing used by communities to alleviate the problem of drug andalcohol abuse.
(2) Develop, update, and oversee the implementation of a planto maintain and strengthen communities in educating Indianacitizens of the problems with drug and alcohol abuse.
(3) Cooperate with individuals and organizations from theprivate sector in developing, implementing, and promoting drugand alcohol abuse education programs.
(4) Cooperate with federal, state, and local government agenciesin matters concerning the corporation's purposes.
(5) Advise the governor and lieutenant governor concerningstate programs or activities that may affect drug and alcoholeducation in Indiana.
(6) Conduct marketing and promotional programs necessary toimplement its plans.
As added by P.L.16-1989, SEC.1.
IC 4-3-17-6
Debt of corporation not state liability
Sec. 6. A debt incurred by the corporation under the authority ofthis chapter does not represent or constitute a debt of the state withinthe meaning of the Constitution of the State of Indiana or Indianalaw.
As added by P.L.16-1989, SEC.1.
IC 4-3-17-7
Duration
Sec. 7. The certification by the governor under section 3 of thischapter remains in effect until:
(1) the governor revokes the certification in writing andtransmits a copy of the revocation to the president of thecorporation and to the secretary of state; or
(2) the general assembly provides by law for termination of thedesignation.
As added by P.L.16-1989, SEC.1.