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 of
directors 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 Hoosier
alliance 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, the
establishment of a private not-for-profit corporation named the
Hoosier alliance against drugs. The corporation may not commence
operations or perform the functions listed in section 4 of this chapter
until:
(1) articles of incorporation for the corporation have been filed
with, and a certificate of incorporation has been issued by, the
secretary of state;
(2) the corporation has conducted a public hearing for the
purpose of giving all interested parties an opportunity to review
and comment upon the articles of incorporation, bylaws, and
proposed methods of operation of the corporation; and
(3) the governor has certified to the secretary of state that all
requirements set forth in this chapter for the corporation have
been satisfied.
Notice of the hearing under subdivision (2) must be given at least
fourteen (14) days before the hearing in accordance with
IC 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 the
corporation, as appropriate, must provide that:
(1) the exclusive purpose of the corporation is to provide grants
and serve as a resource for education programs on drug and
alcohol abuse, by providing assistance to persons or entities
involved with:
(A) coordinating the activities of all parties having a role in
drug and alcohol abuse education and prevention; and
(B) educating and assisting local communities in educating
Indiana 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's
designee; and
(C) additional persons appointed by the governor, who have
knowledge or experience in drug or alcohol education
programs;
(3) the governor shall designate a member of the board to serve
as chairman of the board;
(4) the board shall select any other officers it considers
necessary, such as a vice chairman, treasurer, or secretary;
(5) the chairman of the board may appoint any subcommittees
that the chairman considers necessary to carry out the duties of
the corporation;
(6) with the approval of the governor, the corporation may
appoint a president, who shall serve as the chief operating
officer of the corporation and who may appoint staff or employ
consultants to carry out the corporation's duties under this
chapter, including personnel to receive or disseminate
information that furthers the goals of the corporation;
(7) the corporation may receive funds from any source
(including state appropriations), may enter into contracts, and
may expend funds for any activities necessary, convenient, or
expedient to carry out its purposes;
(8) any amendments to the articles of incorporation or bylaws
of the corporation must be approved by the board;
(9) the corporation shall submit an annual report to the
governor, lieutenant governor, and chairman of the legislative
council before December 31 of each year;
(10) the corporation shall conduct an annual public hearing to
receive comments from interested parties regarding the annual
report, and notice of the hearing shall be given at least fourteen
(14) days before the hearing in accordance with
IC 5-14-1.5-5(b); and
(11) the corporation is subject to an annual audit by the state
board of accounts, and the corporation shall bear the full costs
of this audit.
An annual report described in subdivision (9) that is submitted to the
chairman of the legislative council must be in an electronic format
under 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 all
the rights, powers, and privileges granted to corporations by IC 23-17
and by common law.
(c) With the approval of the governor, the corporation may merge
with an entity with similar purposes. If the corporation merges with
another entity under this subsection, the governor shall revoke the
certification 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 of
this chapter, the corporation shall do the following:
(1) Conduct an ongoing analysis of the educational programs
being used by communities to alleviate the problem of drug and
alcohol abuse.
(2) Develop, update, and oversee the implementation of a plan
to maintain and strengthen communities in educating Indiana
citizens of the problems with drug and alcohol abuse.
(3) Cooperate with individuals and organizations from the
private sector in developing, implementing, and promoting drug
and alcohol abuse education programs.
(4) Cooperate with federal, state, and local government agencies
in matters concerning the corporation's purposes.
(5) Advise the governor and lieutenant governor concerning
state programs or activities that may affect drug and alcohol
education in Indiana.
(6) Conduct marketing and promotional programs necessary to
implement 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 of
this chapter does not represent or constitute a debt of the state within
the meaning of the Constitution of the State of Indiana or Indiana
law. 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 this
chapter remains in effect until:
(1) the governor revokes the certification in writing and
transmits a copy of the revocation to the president of the
corporation and to the secretary of state; or
(2) the general assembly provides by law for termination of the
designation. As added by P.L.16-1989, SEC.1.
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 of
directors 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 Hoosier
alliance 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, the
establishment of a private not-for-profit corporation named the
Hoosier alliance against drugs. The corporation may not commence
operations or perform the functions listed in section 4 of this chapter
until:
(1) articles of incorporation for the corporation have been filed
with, and a certificate of incorporation has been issued by, the
secretary of state;
(2) the corporation has conducted a public hearing for the
purpose of giving all interested parties an opportunity to review
and comment upon the articles of incorporation, bylaws, and
proposed methods of operation of the corporation; and
(3) the governor has certified to the secretary of state that all
requirements set forth in this chapter for the corporation have
been satisfied.
Notice of the hearing under subdivision (2) must be given at least
fourteen (14) days before the hearing in accordance with
IC 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 the
corporation, as appropriate, must provide that:
(1) the exclusive purpose of the corporation is to provide grants
and serve as a resource for education programs on drug and
alcohol abuse, by providing assistance to persons or entities
involved with:
(A) coordinating the activities of all parties having a role in
drug and alcohol abuse education and prevention; and
(B) educating and assisting local communities in educating
Indiana 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's
designee; and
(C) additional persons appointed by the governor, who have
knowledge or experience in drug or alcohol education
programs;
(3) the governor shall designate a member of the board to serve
as chairman of the board;
(4) the board shall select any other officers it considers
necessary, such as a vice chairman, treasurer, or secretary;
(5) the chairman of the board may appoint any subcommittees
that the chairman considers necessary to carry out the duties of
the corporation;
(6) with the approval of the governor, the corporation may
appoint a president, who shall serve as the chief operating
officer of the corporation and who may appoint staff or employ
consultants to carry out the corporation's duties under this
chapter, including personnel to receive or disseminate
information that furthers the goals of the corporation;
(7) the corporation may receive funds from any source
(including state appropriations), may enter into contracts, and
may expend funds for any activities necessary, convenient, or
expedient to carry out its purposes;
(8) any amendments to the articles of incorporation or bylaws
of the corporation must be approved by the board;
(9) the corporation shall submit an annual report to the
governor, lieutenant governor, and chairman of the legislative
council before December 31 of each year;
(10) the corporation shall conduct an annual public hearing to
receive comments from interested parties regarding the annual
report, and notice of the hearing shall be given at least fourteen
(14) days before the hearing in accordance with
IC 5-14-1.5-5(b); and
(11) the corporation is subject to an annual audit by the state
board of accounts, and the corporation shall bear the full costs
of this audit.
An annual report described in subdivision (9) that is submitted to the
chairman of the legislative council must be in an electronic format
under 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 all
the rights, powers, and privileges granted to corporations by IC 23-17
and by common law.
(c) With the approval of the governor, the corporation may merge
with an entity with similar purposes. If the corporation merges with
another entity under this subsection, the governor shall revoke the
certification 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 of
this chapter, the corporation shall do the following:
(1) Conduct an ongoing analysis of the educational programs
being used by communities to alleviate the problem of drug and
alcohol abuse.
(2) Develop, update, and oversee the implementation of a plan
to maintain and strengthen communities in educating Indiana
citizens of the problems with drug and alcohol abuse.
(3) Cooperate with individuals and organizations from the
private sector in developing, implementing, and promoting drug
and alcohol abuse education programs.
(4) Cooperate with federal, state, and local government agencies
in matters concerning the corporation's purposes.
(5) Advise the governor and lieutenant governor concerning
state programs or activities that may affect drug and alcohol
education in Indiana.
(6) Conduct marketing and promotional programs necessary to
implement 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 of
this chapter does not represent or constitute a debt of the state within
the meaning of the Constitution of the State of Indiana or Indiana
law. 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 this
chapter remains in effect until:
(1) the governor revokes the certification in writing and
transmits a copy of the revocation to the president of the
corporation and to the secretary of state; or
(2) the general assembly provides by law for termination of the
designation. As added by P.L.16-1989, SEC.1.
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 of
directors 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 Hoosier
alliance 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, the
establishment of a private not-for-profit corporation named the
Hoosier alliance against drugs. The corporation may not commence
operations or perform the functions listed in section 4 of this chapter
until:
(1) articles of incorporation for the corporation have been filed
with, and a certificate of incorporation has been issued by, the
secretary of state;
(2) the corporation has conducted a public hearing for the
purpose of giving all interested parties an opportunity to review
and comment upon the articles of incorporation, bylaws, and
proposed methods of operation of the corporation; and
(3) the governor has certified to the secretary of state that all
requirements set forth in this chapter for the corporation have
been satisfied.
Notice of the hearing under subdivision (2) must be given at least
fourteen (14) days before the hearing in accordance with
IC 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 the
corporation, as appropriate, must provide that:
(1) the exclusive purpose of the corporation is to provide grants
and serve as a resource for education programs on drug and
alcohol abuse, by providing assistance to persons or entities
involved with:
(A) coordinating the activities of all parties having a role in
drug and alcohol abuse education and prevention; and
(B) educating and assisting local communities in educating
Indiana 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's
designee; and
(C) additional persons appointed by the governor, who have
knowledge or experience in drug or alcohol education
programs;
(3) the governor shall designate a member of the board to serve
as chairman of the board;
(4) the board shall select any other officers it considers
necessary, such as a vice chairman, treasurer, or secretary;
(5) the chairman of the board may appoint any subcommittees
that the chairman considers necessary to carry out the duties of
the corporation;
(6) with the approval of the governor, the corporation may
appoint a president, who shall serve as the chief operating
officer of the corporation and who may appoint staff or employ
consultants to carry out the corporation's duties under this
chapter, including personnel to receive or disseminate
information that furthers the goals of the corporation;
(7) the corporation may receive funds from any source
(including state appropriations), may enter into contracts, and
may expend funds for any activities necessary, convenient, or
expedient to carry out its purposes;
(8) any amendments to the articles of incorporation or bylaws
of the corporation must be approved by the board;
(9) the corporation shall submit an annual report to the
governor, lieutenant governor, and chairman of the legislative
council before December 31 of each year;
(10) the corporation shall conduct an annual public hearing to
receive comments from interested parties regarding the annual
report, and notice of the hearing shall be given at least fourteen
(14) days before the hearing in accordance with
IC 5-14-1.5-5(b); and
(11) the corporation is subject to an annual audit by the state
board of accounts, and the corporation shall bear the full costs
of this audit.
An annual report described in subdivision (9) that is submitted to the
chairman of the legislative council must be in an electronic format
under 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 all
the rights, powers, and privileges granted to corporations by IC 23-17
and by common law.
(c) With the approval of the governor, the corporation may merge
with an entity with similar purposes. If the corporation merges with
another entity under this subsection, the governor shall revoke the
certification 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 of
this chapter, the corporation shall do the following:
(1) Conduct an ongoing analysis of the educational programs
being used by communities to alleviate the problem of drug and
alcohol abuse.
(2) Develop, update, and oversee the implementation of a plan
to maintain and strengthen communities in educating Indiana
citizens of the problems with drug and alcohol abuse.
(3) Cooperate with individuals and organizations from the
private sector in developing, implementing, and promoting drug
and alcohol abuse education programs.
(4) Cooperate with federal, state, and local government agencies
in matters concerning the corporation's purposes.
(5) Advise the governor and lieutenant governor concerning
state programs or activities that may affect drug and alcohol
education in Indiana.
(6) Conduct marketing and promotional programs necessary to
implement 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 of
this chapter does not represent or constitute a debt of the state within
the meaning of the Constitution of the State of Indiana or Indiana
law. 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 this
chapter remains in effect until:
(1) the governor revokes the certification in writing and
transmits a copy of the revocation to the president of the
corporation and to the secretary of state; or
(2) the general assembly provides by law for termination of the
designation. As added by P.L.16-1989, SEC.1.
