First Regular Session 112th General Assembly (2001)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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     HOUSE ENROLLED ACT No. 2119



     AN ACT to amend the Indiana Code concerning natural and cultural resources.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 14-8-2-20; (01)HE2119.1.1. -->     SECTION 1. IC 14-8-2-20 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 20. "Basin" has the following meaning:
        (1) For purposes of IC 14-30-1, the meaning set forth in IC 14-30-1-1.
        (2) For purposes of IC 14-30-2, the meaning set forth in IC 14-30-2-1.
        (3) For purposes of IC 14-30-3, the meaning set forth in IC 14-30-3-1.
         (4) For purposes of IC 14-30-4, the meaning set forth in IC 14-30-4-1.
SOURCE: IC 14-8-2-48; (01)HE2119.1.2. -->     SECTION 2. IC 14-8-2-48 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 48. (a) "Commission", except as provided in subsections (b) through (p), refers to the natural resources commission.
    (b) "Commission", for purposes of IC 14-13-1, has the meaning set forth in IC 14-13-1-1.
    (c) "Commission", for purposes of IC 14-13-2, has the meaning set forth in IC 14-13-2-2.
    (d) "Commission", for purposes of IC 14-13-3, has the meaning set forth in IC 14-13-3-1.
    (e) "Commission", for purposes of IC 14-13-4, has the meaning set

forth in IC 14-13-4-1.
    (f) "Commission", for purposes of IC 14-13-5, has the meaning set forth in IC 14-13-5-1.
    (g) "Commission", for purposes of IC 14-13-6, has the meaning set forth in IC 14-13-6-2.
    (h) "Commission", for purposes of IC 14-14-1, has the meaning set forth in IC 14-14-1-3.
    (i) "Commission", for purposes of IC 14-20-4, has the meaning set forth in IC 14-20-4-1.
    (j) "Commission", for purposes of IC 14-20-11, has the meaning set forth in IC 14-20-11-1.
    (k) "Commission", for purposes of IC 14-25-11, has the meaning set forth in IC 14-25-11-1.
    (l) "Commission", for purposes of IC 14-28-4, has the meaning set forth in IC 14-28-4-1.
    (m) "Commission", for purposes of IC 14-30-1, has the meaning set forth in IC 14-30-1-2.
    (n) "Commission", for purposes of IC 14-30-2, has the meaning set forth in IC 14-30-2-2.
    (o) "Commission", for purposes of IC 14-30-3, has the meaning set forth in IC 14-30-3-2.
    (p) "Commission", for purposes of IC 14-30-4, has the meaning set forth in IC 14-30-4-2.
    (q)
"Commission", for purposes of IC 14-33-20, has the meaning set forth in IC 14-33-20-2.

SOURCE: IC 14-8-2-198; (01)HE2119.1.3. -->     SECTION 3. IC 14-8-2-198 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 198. "Participating county" has the following meaning:
        (1) For purposes of IC 14-30-2, the meaning set forth in IC 14-30-2-4.
        (2) For purposes of IC 14-30-3, the meaning set forth in IC 14-30-3-3.
         (3) For purposes of IC 14-30-4, the meaning set forth in IC 14-30-4-3.
SOURCE: IC 14-8-2-206; (01)HE2119.1.4. -->     SECTION 4. IC 14-8-2-206 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 206. "Plan" has the following meaning:
        (1) For purposes of IC 14-21-1, the meaning set forth in IC 14-21-1-8.
        (2) For purposes of IC 14-30-2, the meaning set forth in IC 14-30-2-5.
         (3) For purposes of IC 14-30-4, the meaning set forth in

IC 14-30-4-4.

SOURCE: IC 14-8-2-291.5; (01)HE2119.1.5. -->     SECTION 5. IC 14-8-2-291.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 291.5. "Upper Wabash River basin", for purposes of IC 14-30-4, has the meaning set forth in IC 14-30-4-5.
SOURCE: IC 14-13-6-20; (01)HE2119.1.6. -->     SECTION 6. IC 14-13-6-20 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 20. The commission may use the fund to pay:
        (1) reimbursement of the expenses of members under section 13 of this chapter;
        (2) other administrative costs and expenses reasonably incurred under this chapter, including expenses for publications and postage; and
        (3) costs incurred in fulfilling the directives of the Wabash River heritage corridor commission master plan, including multi-county projects and marketing and educational tools such as video tape productions, signs, and promotional literature.
However, the commission may not use money in the fund for the upper Wabash River basin commission established by IC 14-30-4-6.
SOURCE: IC 14-30-4; (01)HE2119.1.7. -->     SECTION 7. IC 14-30-4 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]:
     Chapter 4. Upper Wabash River Basin Commission
    Sec. 1. As used in this chapter, "basin" refers to the upper Wabash River basin.
    Sec. 2. As used in this chapter, "commission" refers to the Upper Wabash River basin commission established by this chapter.
    Sec. 3. As used in this chapter, "participating county" refers to a county that joins the commission under section 7 of this chapter.
    Sec. 4. As used in this chapter, "plan" refers to a plan described in section 13(1) of this chapter.
    Sec. 5. As used in this chapter, "upper Wabash River basin" means the area located in Adams County, Huntington County, Jay County, or Wells County that is drained by the Wabash River, including the tributaries of the Wabash River.
    Sec. 6. (a) Subject to subsection (b), the upper Wabash River basin commission is established as a separate municipal corporation.
    (b) If less than all of the executives of the counties that include territory within the upper Wabash River basin elect to participate

in the commission before January 1, 2002, the commission expires on January 1, 2002.
    Sec. 7. Subject to section 6(b) of this chapter, the executive of a county that includes territory in the upper Wabash River basin may do the following:
        (1) Elect to participate in the commission by designating the county as a participating county.
        (2) Revoke the designation.
    Sec. 8. The following serve as voting members of the commission:
        (1) The three (3) county commissioners from each participating county.
        (2) The chairman of a soil and water conservation district for each participating county that:
            (A) is subject to IC 14-32;
            (B) includes territory in a participating county; and
            (C) includes territory in the basin.
        (3) The county surveyor of each participating county.
    Sec. 9. (a) A member of the commission may:
        (1) designate another individual to perform the duties of the member on the commission; and
        (2) revoke the designation.
    (b) Any designation or a revocation of a designation under this section must be filed with the commission to be effective.
    Sec. 10. (a) The commission shall annually elect from among the voting members the following officers:
        (1) A chairperson.
        (2) A vice chairperson.
        (3) A secretary.
        (4) A treasurer.
    (b) The officers elected under subsection (a) shall be elected and shall perform the duties specified in the commission's bylaws.
    (c) The commission may establish other offices and determine the means of filling the offices.
    Sec. 11. (a) Each member of the commission is entitled to reimbursement for traveling expenses and other expenses actually incurred in connection with the member's duties as provided in the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency. Money paid under this section may be paid only from the money available to the commission.
    (b) A county may pay members of the commission the salary per

diem provided by IC 4-10-11-2.1(b) for the performance of the member's duties on the commission.
    Sec. 12. (a) The commission may do the following:
        (1) Sue and be sued.
        (2) Manage the commission's internal affairs.
        (3) Employ staff.
        (4) Enter into contracts to implement a cooperative agreement described in section 13 of this chapter.
        (5) Exercise the powers of a political subdivision specified in a cooperative agreement described in section 13 of this chapter.
    (b) This section does not exempt the commission from any statute.
    Sec. 13. A political subdivision in a participating county may under IC 36-1-7 enter into a cooperative agreement with the commission and at least one (1) other legal entity to authorize the commission to:
        (1) develop a plan to control flooding and improve drainage in that part of the basin that is described in the cooperative agreement;
        (2) organize and coordinate the installation of trails along the upper Wabash River basin through partnerships with other organizations; or
        (3) develop and promote good soil and water conservation practices and procedures, including erosion control and bank stabilization.
    Sec. 14. In developing the plan, the commission shall determine the best method and manner of establishing flood control, giving consideration to the following:
        (1) The reservoir method.
        (2) The channel improvement method.
        (3) The levee method.
        (4) Flood plain regulation.
        (5) All nonstructural methods.
    Sec. 15. (a) The commission shall give the public an opportunity to participate in the development of the plan by holding public hearings at which public testimony is heard and by accepting written recommendations from the public.
    (b) Before the plan is implemented by a political subdivision, the plan must be approved by the department of natural resources in accordance with IC 14-25 through IC 14-29.
    Sec. 16. (a) The commission shall prepare an annual budget for

the commission's operation and other expenditures under IC 6-1.1-17. The annual budget is subject to review and modification by the county board of tax adjustment of any participating county.
    (b) The commission is not eligible for funding through the Wabash River heritage corridor commission established by IC 14-13-6-6.
    Sec. 17. The commission may adopt rules under IC 4-22-2 to require that increased water runoff resulting from new construction be impounded on the construction site.
    Sec. 18. The commission may appoint advisory committees consisting of individuals whose experience, training, or interest in the upper Wabash River basin enables the committees to assist the commission. A member of an advisory committee is not entitled to compensation for the member's services.
    Sec. 19. (a) The commission, board of directors, employees, or authorized representatives of the commission acting under this chapter may:
        (1) enter the land lying within the one hundred (100) year flood plain of any watercourse; and
        (2) enter nonflood plain land to gain access to the flood plain land;
to investigate, examine, survey, or investigate suspected violations of the Indiana flood control laws.
    (b) The commission must give sixty (60) days written notice to:
        (1) an affected landowner;
        (2) a contract purchaser; or
        (3) for a municipality, the executive of the municipality;
before exercising the right of entry granted in this section. The notice must state the purpose of the entry and that there is a right of appeal under this section.
    (c) An affected landowner may, within the sixty (60) day notice period under subsection (b), appeal the proposed necessity for entry to a court in the county in which the property is located. If an appeal is made, the commission may not exercise the right of entry until a final decision is made by the court.
    (d) A person acting under this section must use due care to avoid damage to crops, fences, buildings, or other structures.


HEA 2119

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