Title 14, NATURAL AND CULTURAL RESOURCES

Sec. 11. Each member of the commission appointed under section 9(a) of this chapter must have a background in: (1) construction; (2) project management; (3) flood control; (4) drainage; or (5) another similar professional background. As added by P.L.282-2019, SEC.8.…

Sec. 12. The term of office of a member of the commission is four (4) years and continues until a successor is appointed. As added by P.L.282-2019, SEC.8.

Sec. 13. (a) An individual who is appointed to the commission is eligible for reappointment. (b) If a vacancy occurs in the position of a member of the commission, the authority that appointed the member shall appoint a new member to fill the vacancy in the same way that the memb…

Sec. 14. (a) This section does not apply to a member appointed under section 10 of this chapter. (b) The commission shall elect the following officers: (1) A chairman. (2) A vice chairman. (3) A secretary. (4) A treasurer. (c) The: (1) terms of the officers elected under subsecti…

Sec. 15. The commission shall meet: (1) at least four (4) times per calendar year; and (2) on the call of any of the following: (A) The chairman. (B) The executive director. (C) A quorum of the members of the commission. As added by P.L.282-2019, SEC.8.…

Sec. 16. (a) The following rules apply to proceedings of the commission: (1) Five (5) voting members constitute a quorum. (2) At least five (5) affirmative votes are required for the commission to take action. (3) The commission shall keep a record of the commission's resolutions…

Sec. 17. (a) This section does not apply to a member appointed under section 10 of this chapter. (b) Each commission member is entitled to reimbursement for traveling and other expenses as provided in the state travel policies and procedures established by the Indiana department …

Sec. 18. (a) The commission: (1) shall develop a plan regarding flood control and drainage within the basin; (2) shall, after June 30, 2019, have exclusive authority to implement drainage and flood control activities within the channels of the Kankakee River and the Yellow River …

Sec. 19. 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 …

Sec. 2. As used in this chapter, "commission" refers to the Kankakee River basin and Yellow River basin development commission established by this chapter. As added by P.L.282-2019, SEC.8.

Sec. 20. (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 the…

Sec. 21. (a) The commission is authorized to provide special benefits to taxpayers in the basin by promoting public safety and economic development that is of public use and benefit through public funds provided by the fiscal bodies of the Indiana counties located in the basin an…

Sec. 21.5. Before January 1, 2021, the commission must hold at least two (2) public informational meetings in each Indiana county that is located within the basin concerning: (1) the nature and details of the special assessment described in section 21 of this chapter; and (2) a d…

Sec. 22. (a) In each calendar year beginning after December 31, 2020, the county treasurer shall do the following with respect to the property tax statement of a person owning a taxable parcel subject to a special assessment imposed under section 21 of this chapter: (1) Add the a…

Sec. 23. (a) If: (1) a county fails to pay direct support or special assessments to the commission when due under section 21 or 22 of this chapter; and (2) more than thirty (30) days have elapsed since the due date; the commission shall notify the state comptroller of the county'…

Sec. 24. A county shall use money retained under section 22(d) of this chapter for the following purposes: (1) To improve flood storage capacity along the tributaries of the Kankakee River and the Yellow River. (2) Flood control and drainage projects within the basin. As added by…

Sec. 25. (a) The commission shall deposit special assessments received under section 22 of this chapter into a segregated account maintained by the commission. Except as provided in subsection (b), special assessments deposited into the account may not be transferred into other a…

Sec. 26. (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 …

Sec. 27. The commission may sue and be sued. As added by P.L.282-2019, SEC.8.

Sec. 28. 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…

Sec. 29. (a) There is established an advisory committee consisting of: (1) the north-northwest regional director of the Indiana Association of Soil and Water Conservation Districts; and (2) the county surveyor of each Indiana county within the basin. However, a county surveyor ma…

Sec. 3. As used in this chapter, "Kankakee River basin" means the following areas drained by the Kankakee River and the tributaries of the Kankakee River: (1) The area in Jasper County, LaPorte County, Lake County, Marshall County, Newton County, Porter County, St. Joseph County,…

Sec. 30. (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 th…

Sec. 31. (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 …

Sec. 32. The commission shall coordinate its flood control activities with the department and other public agencies to ensure that undeveloped public land is used for providing flood storage to the greatest extent feasible before other lands are used. As added by P.L.282-2019, SE…

Sec. 33. (a) As used in this section, "out-of-state business" refers to a business that is not an Indiana business. (b) The commission may give a preference to an Indiana business that submits a bid under this article if all of the following apply: (1) An out-of-state business su…

Sec. 34. (a) As used in this section, "resident of Indiana" means a person who is at least eighteen (18) years of age and is one (1) of the following: (1) A person who has registered a motor vehicle in Indiana. (2) A person who is registered to vote in Indiana. (3) A person who h…

Sec. 4. As used in this chapter, "taxable parcel" refers to a parcel that is not exempt from property taxation under IC 6-1.1-10. As added by P.L.282-2019, SEC.8.

Sec. 4.5. As used in this chapter, "tributaries of the Kankakee River" refers only to rivers and streams that flow into the Kankakee River at confluences located in Indiana. As added by P.L.282-2019, SEC.8.

Sec. 5. As used in this chapter, "Yellow River basin" means the area in Marshall County, Starke County, and St. Joseph County that is drained by the Yellow River in Indiana. As added by P.L.282-2019, SEC.8.

Sec. 6. The Kankakee River basin and Yellow River basin development commission is established as a public body corporate and politic. As added by P.L.282-2019, SEC.8.

Sec. 7. The exercise of the powers granted by this chapter is for the benefit of the people of Indiana and for the increase of their commerce, health, enjoyment, and prosperity. The operation, creation, development, and maintenance of the projects by the commission constitute the…

Sec. 8. The commission shall limit the commission's activities to the Kankakee River basin and the Yellow River basin. As added by P.L.282-2019, SEC.8.

Sec. 9. (a) The commission consists of the following individuals: (1) The director of the department of natural resources, or the director's designee, who is a voting member. (2) One (1) representative appointed by the county executive of each county in the basin in Indiana, who …

Sec. 1. As used in this chapter, "diver" means an individual who is: (1) wholly or partially submerged in any water of Indiana; and (2) equipped with: (A) a face mask and snorkel; or (B) an underwater breathing apparatus. [Pre-1995 Recodification Citation: 14-1-7-1.] As added by …

Sec. 2. As used in this chapter, "divers down flag" means a flag that: (1) is at least twelve (12) inches wide by twelve (12) inches high; (2) is square or rectangular, approximately four (4) units high by five (5) units long; and (3) has a white diagonal stripe on a red backgrou…

Sec. 3. As used in this chapter, "underwater breathing apparatus" means an apparatus, whether: (1) self contained; or (2) connected to a distant source of air or other gas; that enables an individual wholly or partially submerged in water to obtain or reuse air or any other gas f…

Sec. 4. (a) A diver shall prominently display a divers down flag in the area in which the diving occurs, except when diving in an area customarily used for swimming only. (b) The divers down flag: (1) must be free flying; and (2) shall be lowered when all divers are aboard or ash…

Sec. 5. (a) A person may not operate a watercraft within one hundred fifty (150) feet of a divers down flag unless the watercraft is directly involved in supporting the diver who is displaying the flag. (b) A person may not put an object in the water within one hundred (100) feet…

Sec. 6. A diver may not dive or display a divers down flag within one hundred fifty (150) feet of an anchored watercraft unless the watercraft is directly involved in supporting the diver. [Pre-1995 Recodification Citation: 14-1-7-7.] As added by P.L.1-1995, SEC.8.

Sec. 7. (a) Except during an emergency, a diver shall surface within one hundred (100) feet of the divers down flag displayed for the diver. (b) If: (1) a diver surfaces at a distance greater than one hundred (100) feet from the divers down flag displayed for the diver; and (2) t…

Sec. 8. A person who violates section 4, 5, 6, or 7(a) of this chapter commits a Class C infraction. [Pre-1995 Recodification Citation: 14-1-7-9.] As added by P.L.1-1995, SEC.8. Amended by P.L.195-2014, SEC.10.

Sec. 1. (a) If: (1) the state receives a direct profit from the sale of state land or the products of the state land; and (2) the profit is a direct result of work done on the land under 16 U.S.C. 585 through 590 (before their repeal); the state may, through the appropriate state…

Sec. 2. (a) The director may determine what part of the proceeds of the sale of state land or the products of state land is: (1) a profit; and (2) a direct result of work done on the land by the United States government under 16 U.S.C. 460l-4 et seq. (b) When the director determi…

Sec. 3. This chapter: (1) does not authorize the sale of state land or products of state land; and (2) applies only to a sale authorized by another law. [Pre-1995 Recodification Citation: 14-3-7-3.] As added by P.L.1-1995, SEC.11.

Sec. 4. This chapter is enacted to procure a continuance of emergency conservation work within Indiana under 16 U.S.C. 460l-4 et seq. [Pre-1995 Recodification Citation: 14-3-7-4.] As added by P.L.1-1995, SEC.11.