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 auditor of state of the county's failure to pay and the amount due from the county. The commission may request that the auditor of state pay the amount due from local income taxes otherwise distributable to the county under IC 6-3.6. The auditor of state 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 auditor of state 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.
Structure Indiana Code
Title 14. Natural and Cultural Resources
Article 13. Local Resource Development
Chapter 9. Kankakee River Basin and Yellow River Basin Development Commission
14-13-9-0.5. Transitional Provisions; Initial Appointments to Commission; Expiration
14-13-9-3. "Kankakee River Basin"
14-13-9-4.5. "Tributaries of the Kankakee River"
14-13-9-5. "Yellow River Basin"
14-13-9-6. Creation of Commission
14-13-9-7. Purposes of Chapter
14-13-9-10. Advisory Members; Qualifications
14-13-9-11. Member Qualifications
14-13-9-13. Eligibility for Reappointment; Vacancies
14-13-9-17. Per Diem Compensation and Traveling Expenses
14-13-9-18. Plan for Flood Control and Drainage; Exclusive Authority; Emergency
14-13-9-20. Grants and Appropriations
14-13-9-21. Special Assessments Imposed; Alternatives to Imposition of Special Assessments
14-13-9-21.5. Informational Meetings
14-13-9-22. Special Assessments; Collection Procedures
14-13-9-23. County Failure to Pay Special Assessments or Direct Support; Procedure; Remedy
14-13-9-24. Uses of Money Collected From Special Assessments
14-13-9-25. Creation of Segregated Account; Uses; Landowner Reimbursement
14-13-9-26. Property Interests
14-13-9-27. Capacity to Sue or Be Sued
14-13-9-28. Agreements With Agencies in Other States
14-13-9-29. Advisory Committee
14-13-9-30. Budgets and Appropriations
14-13-9-32. Coordination of Flood Control Activities
14-13-9-33. Indiana Business Preference; Criteria
14-13-9-34. Indiana Employment Goal for Public Works Projects Awarded by the Commission