Ind. Code § 14-13-9-0.5 Expired
As added by P.L.282-2019, SEC.8. Expired 7-1-2024 by P.L.282-2019, SEC.8.
Ind. Code ch. 14-13-9
Ind. Code ch. 14-13-9
in effectInd. Code § 14-13-9-1 "Basin"
Sec. 1. As used in this chapter, "basin" refers to the Kankakee River basin and the Yellow River basin.
As added by P.L.282-2019, SEC.8.
Ind. Code § 14-13-9-2 "Commission"
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.
Ind. Code § 14-13-9-3 "Kankakee River basin"
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, and Starke County that is drained by the Kankakee River and the tributaries of the Kankakee River in Indiana.
(2) The area in Kankakee County and Iroquois County in Illinois that is drained by the Kankakee River and the tributaries of the Kankakee River in Illinois.
As added by P.L.282-2019, SEC.8.
Ind. Code § 14-13-9-4 "Taxable parcel"
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.
Ind. Code § 14-13-9-4.5 "Tributaries of the Kankakee River"
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.
Ind. Code § 14-13-9-5 "Yellow River basin"
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.
Ind. Code § 14-13-9-6 Creation of commission
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.
Ind. Code § 14-13-9-7 Purposes of chapter
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 performance of essential governmental functions.
As added by P.L.282-2019, SEC.8.
Ind. Code § 14-13-9-8 Activities limited
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.
Ind. Code § 14-13-9-9 Members
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 is a voting member.
(b) The county executive of each county in the basin in Indiana shall appoint a member to represent the county before September 1, 2019. If a county executive fails to make the appointment before September 1, 2019, the county surveyor of that county shall assume the position on September 1, 2019, and serve the term of office prescribed by section 12 of this chapter.
(c) A member appointed under subsection (a)(2) must reside in the Indiana county within the basin for which the member is appointed.
As added by P.L.282-2019, SEC.8.
Ind. Code § 14-13-9-10 Advisory members; qualifications
Sec. 10. (a) The commission may invite the executives of the counties located in the basin in Illinois to appoint one (1) member who meets the qualifications described in section 11 of this chapter to the commission.
(b) If a member is appointed under this section, the member serves as a nonvoting advisory member of the commission.
(c) If a member is appointed under this section, the member:
(1) is not entitled to reimbursement for traveling expenses or a salary per diem as provided in section 17 of this chapter; and
(2) may not be elected as an officer of the commission as provided in section 14 of this chapter.
As added by P.L.282-2019, SEC.8.
Ind. Code § 14-13-9-11 Member qualifications
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.
Ind. Code § 14-13-9-12 Term of members
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.
Ind. Code § 14-13-9-13 Eligibility for reappointment; vacancies
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 member to be replaced was appointed.
(c) If an appointee is appointed to serve an unexpired term, the appointee serves only until the end of the unexpired term.
As added by P.L.282-2019, SEC.8.
Ind. Code § 14-13-9-14 Officers
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 subsection (b) may not exceed one (1) year; and
(2) officers are eligible for reelection.
(d) The commission may establish and fill other offices the commission considers necessary.
(e) Each officer of the commission shall perform the duties usually pertaining to the office.
As added by P.L.282-2019, SEC.8.
Ind. Code § 14-13-9-15 Meetings
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.
Ind. Code § 14-13-9-16 Rules
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, transactions, and findings. This record is a public record.
(b) The commission may adopt additional rules for the transaction of business.
As added by P.L.282-2019, SEC.8.
Ind. Code § 14-13-9-17 Per diem compensation and traveling expenses
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 of administration and approved by the budget agency.
(c) Each appointed commission member is entitled to the minimum salary per diem as provided in IC 4-10-11-2.1(b).
As added by P.L.282-2019, SEC.8.
Ind. Code § 14-13-9-18 Plan for flood control and drainage; exclusive authority; emergency
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 and within the area extending seventy-five (75) feet from the top of each bank of each river;
(3) may participate in the flood control program established under IC 5-1.2-13; and
(4) may acquire interests in land, including easements, for the commission's use in:
(A) providing flood storage; and
(B) the construction of levees and other flood control improvements.
(b) The commission's exclusive authority to implement drainage and flood control activities under subsection (a)(2) includes the authority to do the following:
(1) Bank stabilization.
(2) Tree removal.
(3) The construction and operation of sand traps.
(4) Channel reconstruction.
(5) Sediment removal.
(6) Acquire, construct, and maintain access roads to levees and the channel of each river.
(7) Other actions considered necessary by the commission to carry out this chapter.
(c) A county must first obtain authorization of the commission before performing any work within the area described in subsection (a)(2), unless the county must perform the work in response to an emergency.
As added by P.L.282-2019, SEC.8.
Ind. Code § 14-13-9-19 Powers
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 matters related to the commission's functions and objectives to the following:
(A) Political subdivisions in the basin.
(B) Other public and private agencies.
(4) When requested, act as a coordinating agency for programs and activities of other public and private agencies that are related to the commission's objectives.
As added by P.L.282-2019, SEC.8.
Ind. Code § 14-13-9-20 Grants and appropriations
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 these grants and appropriations for the purpose of carrying out the commission's activities under this chapter.
(c) The commission must expend money appropriated to the commission for the purpose for which the money is appropriated.
As added by P.L.282-2019, SEC.8.
Ind. Code § 14-13-9-21 Special assessments imposed; alternatives to imposition of special assessments
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 and the special assessments imposed under this chapter.
(b) Except as provided by subsection (c), there is imposed in each calendar year beginning after December 31, 2020, an annual special assessment against each taxable parcel of real property that is located within any part of the basin within an Indiana county as follows:
(1) For a residential parcel of real property, seven dollars ($7).
(2) For an agricultural parcel of real property, the product of:
(A) one dollar ($1); multiplied by
(B) the number of acres in the parcel.
(3) For a commercial parcel of real property on which no structures are situated, the product of:
(A) two dollars ($2); multiplied by
(B) the number of acres in the parcel.
(4) For a commercial parcel of real property on which at least one (1) structure is situated, fifty dollars ($50).
(5) For an industrial or public utility parcel of real property, three hundred sixty dollars ($360).
(c) A county is not subject to the special assessment imposed by subsection (b) if the county fiscal body adopts a resolution opting to implement one (1) of the following methods of supporting the commission instead:
(1) The county may pay direct support to the commission in lieu of special assessments imposed under subsection (b) from any resources available to the county. Payments of direct support must be made in an amount equal to at least ninety percent (90%) of the amount that the county could raise through special assessments imposed under subsection (b).
(2) The county may:
(A) impose a special assessment for one (1) or more classes of property listed in subsection (b), that is less than the special assessment provided for the class or classes of property under subsection (b); and
(B) supplement the special assessments by paying direct support to the commission from any resources available to the county;
as long as the total amount raised by the county under this subdivision is at least equal to the amount the county could raise through special assessments imposed under subsection (b).
(3) The county may impose a schedule of special assessments in which:
(A) a special assessment for one (1) or more classes of property listed in subsection (b) is greater than the special assessment provided for the class or classes of property under subsection (b); and
(B) the total amount raised by the county under this subdivision is greater than the amount that could be raised by the county through special assessments imposed under subsection (b).
(d) Payments of direct support under subsection (c)(1):
(1) must be paid in calendar years beginning after December 31, 2020; and
(2) are due at the same time special assessments are paid to the commission under section 22(e) of this chapter.
As added by P.L.282-2019, SEC.8.
Ind. Code § 14-13-9-21.5 Informational meetings
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 description of the flood control and other projects for which the revenue generated from the imposition of a special assessment under section 21 of this chapter will be used.
As added by P.L.282-2019, SEC.8.
Ind. Code § 14-13-9-22 Special assessments; collection procedures
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 amount of the special assessment.
(2) Designate the special assessment in a manner distinct from general taxes.
(3) Indicate that the full annual assessment is due in the year the statement is sent.
(b) A special assessment imposed under section 21 of this chapter must be collected in the same manner as other special assessments are collected under IC 6-1.1. However, a delinquent special assessment is not subject to enforcement under IC 6-1.1-24 and IC 6-1.1-25. The following apply to the enforcement of a special assessment:
(1) The assessment is not the personal obligation of the owner of the taxable parcel affected by the assessment.
(2) A special assessment constitutes a lien against the taxable parcel.
(3) The lien described in subdivision (2) is superior to all other liens except tax liens and first lien mortgages.
(c) At the time of each annual tax settlement, the county treasurer shall certify to the county auditor the amount of the special assessments collected.
(d) For calendar years beginning after December 31, 2020, and ending before January 1, 2023, the county auditor shall pay the total amount of the special assessments collected by the county treasurer under this section to the commission for deposit under section 25 of this chapter. For calendar years beginning after December 31, 2022, the county auditor shall do the following:
(1) In the case of special assessments imposed under section 21(b) of this chapter, the county auditor shall pay the total amount of the special assessments collected by the county treasurer to the commission for deposit under section 25 of this chapter.
(2) In the case of a county in which the fiscal body adopts a resolution to impose special assessments under section 21(c)(2) of this chapter, the county auditor shall do the following:
(A) Retain from the special assessments collected by the county treasurer for the county's use under section 24 of this chapter an amount equal to ten percent (10%) of the amount the county could have raised through special assessments imposed under section 21(b) of this chapter.
(B) Pay the remainder of the special assessments collected by the county treasurer under this section to the commission for deposit under section 25 of this chapter.
(3) In the case of a county in which the fiscal body adopts a resolution to impose special assessments under section 21(c)(3) of this chapter, the county auditor shall do the following:
(A) Retain from the special assessments collected by the county treasurer the following amounts for the county's use under section 24 of this chapter:
(i) The total amount of the special assessments imposed under section 21(c)(3) of this chapter that exceeds the amount that the county could have raised through special assessments imposed under section 21(b) of this chapter.
(ii) An amount equal to ten percent (10%) of the amount that the county could have raised through special assessments imposed under section 21(b) of this chapter.
(B) Pay the remainder of the special assessments collected by the county treasurer under this section to the commission for deposit under section 25 of this chapter.
(e) The county auditor shall make the payments to the commission required by subsection (d) on the dates of the June and December settlement and apportionment of property taxes collected under IC 6-1.1.
As added by P.L.282-2019, SEC.8.
Ind. Code § 14-13-9-23 County failure to pay special assessments or direct support; procedure; remedy
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's failure to pay and the amount due from the county. The commission may request that the state comptroller pay the amount due from local income taxes otherwise distributable to the county under IC 6-3.6. The state comptroller shall immediately contact the county auditor and the commission to confirm whether the county is unable to make the required payment. Upon confirming the county's inability to make the payment, the state comptroller shall deduct the amount due from the next distribution of local income taxes allocated to the county under IC 6-3.6.
(b) This section must be interpreted liberally to ensure that the obligations of the commission are paid to the extent legally valid. However, this section does not create a debt of the state.
As added by P.L.282-2019, SEC.8. Amended by P.L.13-2020, SEC.1; P.L.9-2024, SEC.349.
Ind. Code § 14-13-9-24 Uses of money collected from special assessments
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 P.L.282-2019, SEC.8.
Ind. Code § 14-13-9-25 Creation of segregated account; uses; landowner reimbursement
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 accounts belonging to the commission. Money in the account may be used only for the following purposes:
(1) To pay expenses directly related to the acquisition, construction, or improvement of real property, a facility, a betterment, or an improvement constituting part of a project of the commission, including acquisition of the site for a project.
(2) To pay expenses directly related to the operation, repair, and maintenance of flood protection systems within the basin.
(3) To pay the annual installment and interest on a loan or other financial assistance received under IC 5-1.2-13.
(b) The commission shall establish an account for reimbursing landowners for damages incurred through the use of the landowners' land for flood storage. The account consists of money transferred from the segregated account described in subsection (a). The commission may transfer amounts considered appropriate by the commission.
As added by P.L.282-2019, SEC.8.
Ind. Code § 14-13-9-26 Property interests
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 property;
for the purposes prescribed by this chapter.
(b) The commission may exercise the powers granted by this section for the development of the water resources of the basin.
As added by P.L.282-2019, SEC.8.
Ind. Code § 14-13-9-27 Capacity to sue or be sued
Sec. 27. The commission may sue and be sued.
As added by P.L.282-2019, SEC.8.
Ind. Code § 14-13-9-28 Agreements with agencies in other states
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.L.282-2019, SEC.8.
Ind. Code § 14-13-9-29 Advisory committee
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 may not be a member of the advisory committee if the county surveyor represents the county on the commission. The county executive of a county represented on the commission by the county surveyor shall appoint an individual other than the county surveyor to represent the county on the advisory committee.
(b) The commission may appoint other advisory committees consisting of individuals whose experience, training, or interest in the program enables the individuals to assist the commission.
(c) A member of an advisory committee is not entitled to compensation for the member's services.
As added by P.L.282-2019, SEC.8.
Ind. Code § 14-13-9-30 Budgets and appropriations
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 the basin in direct relationship to the amount of land area lying within the basin boundaries.
(b) The department shall certify the boundaries and the drainage area of each county within the basin after consultation with the respective county surveyors and the United States Army Corps of Engineers. The determination and certification shall be prepared before submission of budgets to the appropriating bodies so that the correct amount can be appropriated.
(c) A regional planning commission may, upon request from the commission, furnish for a reasonable charge the support staff necessary for the commission.
As added by P.L.282-2019, SEC.8.
Ind. Code § 14-13-9-31 Duties
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 may be expended only as budgeted unless a majority vote of the commission authorizes other expenditure.
(c) Any appropriated amounts remaining unexpended or unencumbered at the end of the year become part of a nonreverting cumulative fund to be held in the name of the commission. The commission may authorize unbudgeted expenditures from this fund by a majority vote of the commission.
(d) The commission is responsible for the safekeeping and deposit of money the commission receives under this chapter. The state board 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, and handle money belonging to the commission, subject to the following:
(1) Applicable statutes.
(2) Procedures established by the commission.
As added by P.L.282-2019, SEC.8.
Ind. Code § 14-13-9-32 Coordination of flood control activities
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, SEC.8.
Ind. Code § 14-13-9-33 Indiana business preference; criteria
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 submits a bid.
(2) The out-of-state business is a business from a state that gives public works preferences unfavorable to Indiana businesses.
(c) The commission shall establish criteria for determining the following:
(1) Whether a bidder qualifies as an Indiana business under the rules.
(2) When another state's preference is unfavorable to Indiana businesses.
(3) The method by which the preference for Indiana businesses is to be computed.
(d) The commission may not give a preference to an Indiana business that is more favorable to the Indiana business than the other state's preference is to the other state's businesses.
As added by P.L.282-2019, SEC.8.
Ind. Code § 14-13-9-34 Indiana employment goal for public works projects awarded by the commission
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 has a child enrolled in an elementary or a secondary school located in Indiana.
(4) A person who derives more than one-half (1/2) of the person's gross income (as defined in Section 61 of the Internal Revenue Code) from sources in Indiana, according to the provisions applicable to determining the source of adjusted gross income that are set forth in IC 6-3-2-2. However, a person who would otherwise be considered a resident of Indiana under this subdivision is not a resident of Indiana if a preponderance of the evidence concerning the factors set forth in subdivisions (1) through (3) proves that the person is not a resident of Indiana.
(b) When entering a bid under this chapter for a public works project, each contractor shall provide the commission with information on the number of residents of Indiana who will be employed by the contractor and the number of residents of Indiana who will be employed by any subcontractor of the contractor.
(c) The goal for a contract awarded by the commission for a public works project is to award the contract to a contractor who:
(1) employs residents of Indiana as at least ninety percent (90%) of the employees who work on the contract; and
(2) enters into subcontracts only with subcontractors who employ residents of Indiana as at least ninety percent (90%) of the employees who work on the subcontract.
As added by P.L.282-2019, SEC.8.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/14Fetched: 10/17/2026