reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 5. Creation of Port Authorities by Local Governments › 8-10-5-8.7. Bonding

Sec. 8.7. (a) The board of directors may, by resolution, recommend to the governing body of the municipality or municipalities creating the port authority that they authorize general obligations, mortgage, or revenue bonds for any one (1) or more of the following purposes:
(1) To acquire or improve port or harbor sites.
(2) To acquire, construct, extend, alter, or improve structures, ways, facilities, or equipment necessary for the proper operation of the port authority or the port or harbor within its jurisdiction.
(3) To refund outstanding bonds and matured interest coupons and issue and sell refunding bonds for that purpose.
(b) Before making a recommendation authorized by subsection (a), the board shall give notice of a public hearing at which time the board shall disclose the purpose for which the bond issue is proposed, the amount of the proposed issue, and all other pertinent data. At least ten (10) days before the date set for hearing, the board shall publish in two (2) newspapers of general circulation in the city, county, counties, or other municipalities involved, a notice of the date, time, place, and purpose of the hearing. If there is only one (1) newspaper, one (1) notice is sufficient.
(c) The governing body shall review the proposal of the board of directors of the port authority and if it approves shall provide for the advertisement and sale of the issue in compliance with IC 5-1-11. For purposes of this chapter, IC 5-1-11 applies as fully to mortgage bonds as to general obligation or revenue bonds.
(d) Bonds issued under the authority of this chapter are not subject to limitations on interest rates.
(e) The governing body shall fix the date, time, and place of payment of principal and interest, but no issue may have a maturity date later than:
(1) forty (40) years after date of issue, in the case of bonds issued before July 1, 2011; or
(2) twenty-five (25) years after date of issue, in the case of bonds issued after June 30, 2011.
(f) Bonds issued under this chapter, together with the interest thereon, are tax exempt.
(g) The governing body shall apply the proceeds from the sale of bonds exclusively to the purposes for which the bonds were issued and only to the extent necessary therefor. Any remaining balance shall be placed in a sinking fund for the payment of the bonds and the interest on the bonds.
(h) This chapter does not affect obligations existing before July 1, 2010, on outstanding bonds. If a board of directors or a port authority is discontinued, as provided in section 4 of this chapter, the primary obligations on its bonds remain unaffected. In addition, the city or county or municipalities involved in the issuance of bonds shall assume liability for the payment of the bonds according to their terms and in relation to their interest or proportion in the bonds.
As added by P.L.49-2010, SEC.4. Amended by P.L.229-2011, SEC.101.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 5. Creation of Port Authorities by Local Governments › 8-10-5-8.9. Royalty Contracts

Sec. 8.9. With the approval of the governing body creating it, a port authority may sell, lease, or enter into a royalty contract for the natural or mineral resources of land that it owns. Money received from these sources shall be deposited in the nonreverting capital fund of the port authority.
As added by P.L.49-2010, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 5. Creation of Port Authorities by Local Governments › 8-10-5-9. Maps, Plans, and Profiles for Future Development; Hearings; Objections

Sec. 9. The board of directors of a port authority shall prepare or cause to be prepared a plan for the future development, construction, and improvement of the port and its facilities, including such maps, profiles, and other data and descriptions as may be necessary to set forth the location and character of the work to be undertaken by the port authority. Upon the completion of such plan, the board of directors shall cause notice by publication as provided in section 1 of this chapter, to be given in each county in which there is a political subdivision participating in the creation of the port authority, and shall likewise cause notice to be served upon the owners of the uplands contiguous to any submerged lands affected by such plan in the manner provided by law for service of notice in the levy of special assessments by municipal corporations, and shall permit the inspection thereof at their office by all persons interested. Said notice shall fix the time and place for the hearing of all objections to said plan which time shall be not less than ten (10) nor more than thirty (30) days from the date of last publication of said notice. Any interested person may file written objections to such plan, provided such objections are filed with the secretary of the board of directors at his office not less than five (5) days prior to the date fixed for said hearing. After said hearing, the board of directors may adopt such plan with any modifications or amendments thereto as the official plan of the port authority.
Formerly: Acts 1959, c.343, s.9; Acts 1961, c.247, s.3. As amended by P.L.66-1984, SEC.22.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 5. Creation of Port Authorities by Local Governments › 8-10-5-10. Modification, Amendment, or Extension of Development Plan

Sec. 10. The board of directors shall, from time to time after the adoption of said official plan, have the power to modify, amend, or extend the same, provided that upon the making of any such modification, amendment, or extension thereof, the board of directors shall cause notice to be given and shall conduct a hearing, all as provided in section 9 of this chapter, and shall not adopt any modification, amendment, or extension until the notice has been given and the hearing held as herein provided in this chapter.
Formerly: Acts 1959, c.343, s.10. As amended by P.L.66-1984, SEC.23.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 5. Creation of Port Authorities by Local Governments › 8-10-5-11. Modification, Amendment, or Extension of Development Plan; Conclusiveness

Sec. 11. The plan and any modification, amendment or extension thereof, when adopted by the board of directors after notice and hearing shall be final and conclusive and its validity shall be conclusively presumed.
Formerly: Acts 1959, c.343, s.11.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 5. Creation of Port Authorities by Local Governments › 8-10-5-12. Private Enterprise; Participation in Construction and Operation of Facilities

Sec. 12. The port authority shall foster and encourage the participation of private enterprise in the development of the port facilities to the fullest extent it deems practicable in the interest of limiting the necessity of construction and operation of such facilities by the port authority. In this respect the port authority may upon its own motion or upon the written request of any other party advertise and solicit for the construction, operation and/or maintenance of any facility included in the development plan in accordance to plans, specifications and regulations therefor prepared by the board of directors.
It is further provided that in the event the board of directors deems it advisable and practicable, said board may cause certain facilities included in the development plan to be installed by private enterprise and leased back to the port authority on an instalment contract or option to purchase. The exercise of any power granted to the port authority under the provisions of this section shall be consummated and regulated in accordance with detailed provisions set out and enacted into proper legislation by the governing body or governing bodies creating such port authority.
Formerly: Acts 1959, c.343, s.12; Acts 1961, c.247, s.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 5. Creation of Port Authorities by Local Governments › 8-10-5-13. Revenue Bonds; Issuance and Sale

Sec. 13. (a) Whenever a port authority, which was created or which shall be hereafter created by a city, town or county acting as a singular government unit or which after its creation has come under the jurisdiction of a city, town, or county as a singular government unit, has been authorized by the governing body of the city, town, or county to issue and sell revenue bonds for the purpose of obtaining funds with which to construct, purchase, lease, operate, maintain, or improve facilities included in the development plan or amendment thereof, the revenue bonds shall be:
(1) issued in the name of the city, town, or county;
(2) executed by the executive of the city, town, or county and the chairman of the board of directors of the port authority; and
(3) attested to by the clerk or clerk-treasurer of the city or town or auditor if a county.
(b) In authorizing revenue bonds and providing for the issuance and sale thereof, the governing body of the city, town, or county shall, by ordinance, consistent with pertinent statutes, provide all necessary details concerning the form and tenor of the revenue bonds, the amount thereof, the maturity dates, the provision for payment of principal and interest, the negotiability, and all other details, requirements, regulations, or specifications necessary to make the revenue bonds acceptable and legal instruments.
(c) The governing body shall, in its ordinance, make provision for the expenditure of the funds derived from the sale of the revenue bonds in accordance with the purposes for which the issuance and sale was authorized. The governing body shall specifically provide for the allocation of income and revenue of the port authority into the fund or funds as may be necessary to properly secure the accumulation of money in a separate account or accounts for use in the payment of principal and interest of the revenue bonds as they become due and payable.
Formerly: Acts 1959, c.343, s.12a; Acts 1961, c.247, s.5. As amended by Acts 1981, P.L.74, SEC.4; P.L.8-1989, SEC.52.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 5. Creation of Port Authorities by Local Governments › 8-10-5-14. Miscellaneous Provisions

Sec. 14. Nothing contained in this chapter shall:
(a) impair the provisions of law or ordinance directing the payment of revenues derived from public property into sinking funds or dedicating such revenues to specific purposes;
(b) impair the powers of any county, township, or municipal corporation to develop or improve port and terminal facilities; or
(c) impair or interfere with the exercise of any permit for the removal of sand or gravel, or other similar permits issued by this state or the United States.
Formerly: Acts 1959, c.343, s.13. As amended by P.L.66-1984, SEC.24.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 5. Creation of Port Authorities by Local Governments › 8-10-5-15. Bids and Bidding; Construction Contracts and Lease or Sale of Land or Property

Sec. 15. Contracts for the creation, construction, alteration, or repair of any building, structure, or other improvement undertaken by a port authority created in accordance with this chapter shall be let in accordance with IC 36-1-12. No lease or sale of any lands or property shall be made by the port authority unless notice calling for bids for the same shall have been given by publication as provided by this chapter. No such lease or sale shall be made, except to the highest and best bidder. In the case of any lease or sale of land by the port authority, specifications for the bids for such lease or sale shall be in such form and detail as shall be determined by the port authority.
Formerly: Acts 1959, c.343, s.14; Acts 1965, c.390, s.2. As amended by Acts 1979, P.L.89, SEC.3; Acts 1981, P.L.57, SEC.20.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 5. Creation of Port Authorities by Local Governments › 8-10-5-16. Budget; Rates and Charges

Sec. 16. The board of directors of a port authority shall annually prepare a budget for the port authority.
Rents and charges received by the port authority shall be used for the general expenses of the port authority and to pay interest, amortization, and retirement charges on money borrowed. If there remains, at the end of any calendar year, any surplus of such funds after providing for the above uses, the board of directors may pay such surplus into the general funds of the political subdivisions creating and comprising the port authority in proportions to the taxable value of all property within the port authority which shall be listed on the general tax lists for the respective subdivisions.
Formerly: Acts 1959, c.343, s.15.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 5. Creation of Port Authorities by Local Governments › 8-10-5-17. Cumulative Channel Maintenance Fund; Establishment; Tax Levies; Docking and Launch Fees

Sec. 17. (a) The board of directors of any port authority may, by resolution, recommend to any municipal corporation or county that a cumulative channel maintenance fund be established under IC 6-1.1-41 to provide funds for the:
(1) dredging of channels;
(2) cleaning of channels and shores of debris and any other pollutants;
(3) purchase, renovation, construction, or repair of bulkheads, pilings, docks, and wharves;
(4) purchase and development of land adjoining channels within the jurisdiction of the port authority and which land is necessary to the fulfillment of the plan adopted by the port authority for the future development, construction, and improvement of its facilities. The purchased and developed land shall be available to the residents of the taxing district without further charge; or
(5) regulation and enforcement of regulation of all uses and activities related to waters that are under the jurisdiction of the port authority.
(b) To provide for the cumulative channel maintenance fund:
(1) a county, city, or town fiscal body may levy a tax in compliance with IC 6-1.1-41 not to exceed three and thirty-three hundredths cents ($0.0333) on each one hundred dollars ($100) on all taxable property within the county, town, or city; and
(2) a city described in sections 22(a) and 23(a) of this chapter may impose the following:
(A) An annual docking fee under section 22 of this chapter.
(B) A marina launch fee under section 23 of this chapter.
(c) The revenue from a tax, an annual docking fee, or a marina launch fee collected under subsection (b) shall be held in the cumulative channel maintenance fund established under subsection (a).
Formerly: Acts 1959, c.343, s.16; Acts 1972, P.L.67, SEC.1. As amended by Acts 1981, P.L.11, SEC.53; P.L.8-1989, SEC.53; P.L.17-1995, SEC.7; P.L.6-1997, SEC.133; P.L.34-2004, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 5. Creation of Port Authorities by Local Governments › 8-10-5-18. Bond of Secretary; Depositories; Disbursement of Funds

Sec. 18. Before receiving any moneys, the secretary of a port authority shall furnish bond in such amount as shall be determined by the port authority, with sureties satisfactory to it, and all funds coming into the hands of said secretary shall be deposited by him to the account of the port authority in one (1) or more depositories as shall be qualified to receive deposits of funds, in the same manner as is done by the city or county creating such port authority, which deposits shall be secured in the same manner as such city or county funds are required to be secured. No disbursements shall be made from such funds except in accordance with rules and regulations adopted by the port authority.
Formerly: Acts 1959, c.343, s.17; Acts 1965, c.390, s.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 5. Creation of Port Authorities by Local Governments › 8-10-5-19. Emergency Measure

Sec. 19. This chapter is hereby declared to be an emergency measure, necessary for the immediate preservation of the public peace, health, and safety. The reason for such necessity lies in the fact that the provisions of this chapter should become effective immediately in order to permit the prompt organization of port authorities to take advantage of the St. Lawrence Seaway project authorized by the Congress, thereby advancing the interests and the welfare of the state of Indiana and its citizens.
Formerly: Acts 1959, c.343, s.18. As amended by P.L.66-1984, SEC.25.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 5. Creation of Port Authorities by Local Governments › 8-10-5-20. Contracts; Purchase, Lease, or Acquisition of Land or Other Property

Sec. 20. The board of directors of a port authority may enter into such contracts or other arrangements with the United States government, or any department thereof, with persons, railroads, or other corporations, with public corporations, and with the state government of this or other states, with counties, municipalities, townships, or other governmental agencies created by or under the authority of the laws of the state of Indiana, including sewerage, drainage, conservation, conservancy, or other improvement districts in this or other states as may be necessary or convenient for the exercise of powers granted by the provisions of this chapter, including the making of surveys, investigations, or reports thereon, provided that such contracts or arrangements shall not be in violation of the Indiana Constitution. The board of directors may purchase, lease, or acquire land or other property in any county of the state of Indiana and in adjoining states for the accomplishment of an authorized purpose of the port authority, or for the improvement of the harbor and port facilities over which the port authority may have jurisdiction, and may let contracts or spend money for making such improvements or development of port facilities in adjoining states.
Formerly: Acts 1959, c.343, s.19. As amended by P.L.66-1984, SEC.26.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 5. Creation of Port Authorities by Local Governments › 8-10-5-22. Application of Section; Annual Watercraft Fee; Watercraft Fee Decal

Sec. 22. (a) This section applies to a city that:
(1) creates; or
(2) participates in the creation of;
a port authority created under this chapter that includes a channel that is ordinarily navigable to Lake Michigan.
(b) The fiscal body of a city described in subsection (a) may impose an annual docking fee upon each watercraft that is docked for more than twenty-nine (29) days during a year in waters that are under the jurisdiction of a port authority under this chapter.
(c) An annual docking fee imposed under this section shall be:
(1) not more than seventy-five cents ($0.75) per foot for watercraft of thirty (30) feet or less; and
(2) not more than one dollar and fifty cents ($1.50) per foot for watercraft over thirty (30) feet.
(d) A marina, dock, or port:
(1) located on waters that are under the jurisdiction of a port authority created by a city under this chapter; and
(2) where a watercraft is docked;
shall collect the annual docking fee imposed on the watercraft under this section. Not later than the fifteenth day of each month, each marina, dock, or port shall remit to the city fiscal officer the amount of fees collected under this section during the immediately preceding month.
(e) Annual docking fees imposed under this section by a city described in subsection (a) shall be deposited in the cumulative channel maintenance fund established under section 17 of this chapter.
(f) Upon collecting an annual docking fee imposed on a watercraft under this section, a marina, dock, or port shall issue to the owner of the watercraft a decal that indicates the year for which the fee under this section has been paid.
(g) The decal issued under subsection (f) must be displayed on the watercraft during the year for which the decal is issued. A watercraft that displays a valid annual docking fee decal under this subsection is not subject to:
(1) annual docking fees imposed at other marinas, docks, or ports under this section; and
(2) marina launch fees imposed under section 23 of this chapter.
(h) The general assembly finds that in port authorities that include a channel that is ordinarily navigable to Lake Michigan there exist unique problems related to necessary dredging and cleaning of channels used by boats that operate on the Great Lakes. These unique problems may be alleviated by the authorization of a docking fee under this section.
As added by P.L.60-1992, SEC.2. Amended by P.L.170-2002, SEC.64; P.L.34-2004, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 5. Creation of Port Authorities by Local Governments › 8-10-5-23. Per Launch Watercraft Fee; Deposit of Fees; Watercraft Fee Decal

Sec. 23. (a) The fiscal body of a city that creates or participates in the creation under this chapter of a port authority that includes a channel that is ordinarily navigable to Lake Michigan may impose a marina launch fee for a watercraft that is launched from a marina, dock, or port located on waters that are under the jurisdiction of the port authority created by the city.
(b) The owner of a watercraft subject to a fee under this section shall pay one (1) of the following:
(1) A launch fee of one dollar ($1) per launch.
(2) An annual marina launch fee of:
(A) seventy-five cents ($0.75) per foot for a watercraft of thirty (30) feet or less in length; or
(B) one dollar and fifty cents ($1.50) per foot for watercraft over thirty (30) feet in length.
(c) A marina, dock, or port:
(1) located on waters that are under the jurisdiction of a port authority created by a city under this chapter; and
(2) from which a watercraft is launched;
shall collect the marina launch fee imposed on the watercraft under this section. Not later than the fifteenth day of each month, each marina, dock, or port shall remit to the city fiscal officer the amount of fees collected under this section during the immediately preceding month.
(d) The marina launch fees imposed under this section by a city described in subsection (a) shall be deposited in the cumulative channel maintenance fund established under section 17 of this chapter.
(e) Upon collecting a fee under this section, a marina, dock, or port shall issue to the person who owns the watercraft:
(1) a paper permit that indicates the day for which the fee was paid, in the case of a one (1) time marina launch fee; or
(2) a decal that indicates the year for which the fee was paid, in the case of an annual marina launch fee.
(f) The decal or permit issued under subsection (e) must be displayed on the watercraft during the period for which the decal or permit is issued. A watercraft that displays a valid annual marina launch decal or permit under this subsection is not subject to an annual watercraft docking fee imposed under section 22 of this chapter.
(g) The general assembly finds that in port authorities that include a channel that is ordinarily navigable to Lake Michigan there exist unique problems related to necessary dredging and cleaning of channels used by boats that operate on the Great Lakes. These unique problems may be alleviated by the authorization of a launch fee under this section.
As added by P.L.34-2004, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 9. Waterway Management Districts › 8-10-9-1. Application of Chapter

Sec. 1. This chapter applies to a city having a population of more than twenty-six thousand (26,000) and less than twenty-eight thousand (28,000).
As added by P.L.56-1994, SEC.2. Amended by P.L.170-2002, SEC.65; P.L.119-2012, SEC.89; P.L.104-2022, SEC.65.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 9. Waterway Management Districts › 8-10-9-2. Definitions

Sec. 2. (a) The definitions in this section apply throughout this chapter.
(b) "Confined disposal facility" means a structure, an enclosure, a receptacle, or a disposal area established:
(1) by an agency or instrumentality of the state or federal government; and
(2) for the purpose of storing, retaining, disposing of, isolating, or holding dredgings or excavated material from the banks or bottom of a waterway;
within a district created by this chapter.
(c) "District" means a waterway management district established under section 3 of this chapter.
(d) "Waterway" means a canal, river, channel, or stream that is navigable for a substantial portion of its length by boats, barges, ships, or other watercraft for both commercial and recreational purposes.
As added by P.L.56-1994, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 9. Waterway Management Districts › 8-10-9-3. Establishment of District; Boundaries

Sec. 3. (a) There is established in each city to which this chapter applies a waterway management district.
(b) The district includes all territory, including both dry land and water, within a distance of one-half (1/2) mile on either side of the center line of any waterway within the city in which the district is established, excluding the land and water occupied by any marina owned by a unit of government located in the strip of land in Indiana abutting Lake Michigan and the tributaries of Lake Michigan.
(c) The district boundary is formed by an imaginary line one-half (1/2) mile distant from the center line of a waterway in all directions. However, the boundary of the district does not extend beyond the boundaries of the city in which the district is located in those areas where the city boundary is located less than one-half (1/2) mile from the center line of a waterway.
As added by P.L.56-1994, SEC.2. Amended by P.L.1-1995, SEC.57; P.L.197-2011, SEC.34; P.L.114-2022, SEC.13.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 9. Waterway Management Districts › 8-10-9-4. Powers and Jurisdiction of District

Sec. 4. (a) The district is a body corporate and politic that may sue or be sued and plead and be impleaded. The district has the powers and jurisdiction provided in this chapter.
(b) The exercise by the district of the district's powers is an essential governmental function of the state and the city in which the district is located, but the district is not immune from liability.
As added by P.L.56-1994, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 9. Waterway Management Districts › 8-10-9-5. Purposes of District

Sec. 5. The district is established for the following purposes:
(1) To manage and supervise, in conjunction with other state and federal authorities, the industrial, commercial, and recreational development of the waterways in the city in which the district is formed.
(2) To assist other agencies of local, state, and federal governments to manage, maintain, and promote the use of the waterways in the city in which the district is formed.
(3) To foster use of the canal in an environmentally responsible manner.
(4) To provide for the orderly planning for waterways.
(5) To plan for, develop, and maintain roads, bridges, approaches, locks, gates, and other structures in connection with a waterway within the jurisdiction of the district consistent with the obligations and jurisdiction of other agencies of the federal or state government.
(6) It is the goal of the waterway projects and activities performed under this chapter to improve the commercial and recreational use of waterways in an environmentally sound manner, and to promote the economic development of the city in which the district is located.
As added by P.L.56-1994, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 9. Waterway Management Districts › 8-10-9-6. Board of Directors; Members

Sec. 6. (a) The district shall be governed by a board of directors consisting of seven (7) members, four (4) of whom are appointed by the executive of the city in which the district is formed, two (2) of whom are appointed by the governor, and one (1) of whom is appointed by the legislative body of the city in which the district is formed.
(b) Members of the board serve terms of three (3) years. A member's term may be extended by any partial term to which the member was appointed to fill a vacancy.
(c) Five (5) members of the board of directors must be qualified electors of the city in which the district is formed. Two (2) members need not be residents of the city in which the district is formed but shall be representatives of property owners of land that borders waterways within the district. One (1) of the two (2) members shall be among the members appointed by the mayor, and one (1) shall be among the members appointed by the governor.
(d) The appointing authority shall fill all vacancies of members appointed by that authority.
As added by P.L.56-1994, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 9. Waterway Management Districts › 8-10-9-7. Board of Directors; Meetings; Records; Quorum

Sec. 7. (a) The board of directors shall meet in a public place within the city in which the district is formed after giving notice.
(b) The board shall annually elect one (1) of its members as president and another member as vice president. The board shall designate a secretary who need not be a member of the board.
(c) The board shall cause a detailed written record to be kept in the form of minutes of all of the board's meetings, and the board shall meet at least four (4) times annually.
(d) A majority of the board members actually serving constitutes a quorum for any purpose.
As added by P.L.56-1994, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 14. Highway Finances › Chapter 1. Motor Vehicle Highway Account Act › 8-14-1-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The addition of section 11 of this chapter by P.L.116-1989 applies to all accounts receivable that are found to be uncollectible on July 1, 1989, and to accounts that are found to be uncollectible after June 30, 1989.
As added by P.L.220-2011, SEC.198.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 14. Highway Finances › Chapter 1. Motor Vehicle Highway Account Act › 8-14-1-1. Definitions

Sec. 1. As used in this chapter:
(1) "Motor vehicle highway account" means the account of the general fund of the state known as the "motor vehicle highway account" to which is credited collections from motor vehicle registration fees, licenses, driver's and chauffeur's license fees, gasoline taxes, auto transfer fees, certificate of title fees, weight taxes or excise taxes and all other similar special taxes, duties or excises of all kinds on motor vehicles, trailers, motor vehicle fuel, or motor vehicle owners or operators. The account also includes amounts distributed to the fund by the bureau of motor vehicles under IC 9.
(2) The term "department" refers to the Indiana department of transportation.
(3) The term "highways" includes roadway, rights of way, bridges, drainage structures, signs, guard rails, protective structures in connection with highways, drains, culverts, and bridges and the substructure and superstructure of bridges and approaches thereto and streets and alleys of cities or towns.
(4) The term "construction" means the planning, supervising, inspecting, actual building, draining, and all expenses incidental to the construction of a highway.
(5) The term "reconstruction" means a widening or a rebuilding of the highway or any portion thereof.
(6) The term "maintenance" when used in reference to cities, towns, and counties as applied to that part of the highway other than bridges, means the constant making of needed repairs, to preserve a smooth surfaced highway, adequately drained, marked and guarded by protective structures for public safety and, as to bridges, means the constant making of needed repairs to preserve a smooth surfaced highway thereon and the safety and preservation of the bridge and its approaches, together with the substructure and superstructure thereof; and such term also means and includes the acquisition and use, in any manner, of all needed equipment, fuel, materials, and supplies essential and incident thereto.
(7) The term "preservation" means the preventative treatment, nonstructural treatment, rehabilitation, or structural repairs made to transportation infrastructure and related drainage that are included in an asset management plan approved by the Indiana department of transportation in collaboration with the local technical assistance program at Purdue University.
(8) The term "vehicle registration" means the number of vehicles subject to registration under IC 9-18 (before January 1, 2017) or IC 9-18.1 (after December 31, 2016) which are registered thereunder, and, when used with respect to the state, shall mean the number of vehicles registered in the state and, when used in respect to a county, city, or town, shall mean the number of vehicles registered by owners resident in the county, city, or town.
Formerly: Acts 1941, c.168, s.1. As amended by Acts 1980, P.L.74, SEC.213; P.L.18-1990, SEC.106; P.L.2-1991, SEC.59; P.L.145-2011, SEC.2; P.L.216-2014, SEC.8; P.L.257-2017, SEC.17; P.L.185-2018, SEC.20.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 14. Highway Finances › Chapter 1. Motor Vehicle Highway Account Act › 8-14-1-2. Public Policy; Budget Management; Political Subdivisions

Sec. 2. It is hereby declared to be the policy of the state of Indiana that:
(1) the net amount in the motor vehicle highway account shall be budgeted for programs of traffic safety and for the construction, reconstruction, improvement, and maintenance of the highways of the state;
(2) a fair distribution thereof shall be made between the department and subordinate political subdivisions having jurisdiction of highways of the state;
(3) the funds allotted shall be used in accordance with the policy herein declared and the provisions of this chapter; and
(4) the funds allocated to counties, cities, and towns from such motor vehicle highway account shall be budgeted as provided by law, and such county budgets shall be referred to the county council for approval, revision, or reduction.
Formerly: Acts 1941, c.168, s.2. As amended by Acts 1980, P.L.74, SEC.214; Acts 1981, P.L.41, SEC.48; P.L.205-2013, SEC.133.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 14. Highway Finances › Chapter 1. Motor Vehicle Highway Account Act › 8-14-1-2.5. Repealed

As added by Acts 1980, P.L.10, SEC.12. Amended by Acts 1981, P.L.88, SEC.9; Acts 1982, P.L.81, SEC.1. Repealed by P.L.59-1985, SEC.38.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 14. Highway Finances › Chapter 1. Motor Vehicle Highway Account Act › 8-14-1-4. County Allocations; Permissible Uses of Funds; Requirement; County Containing Consolidated City

Sec. 4. (a) The funds allocated to the respective counties of the state from the motor vehicle highway account shall annually be budgeted as provided by law, and, when distributed shall be used for construction, reconstruction, preservation, and maintenance of the highways of the respective counties, including highways which traverse the streets of incorporated towns, the cost of the repair and maintenance of which prior to the tenth day of September, 1932, was paid from the county gravel road repair fund excepting where the department is charged by law with the maintenance or construction of any such highway so traversing such streets. Subject to subsection (b), any surplus existing in the funds at the end of the year shall thereafter continue as a part of the highway funds of the said counties and shall be rebudgeted and used as already provided in this chapter. The purchase, rental and repair of highway equipment, painting of bridges and acquisition of grounds for erection and construction of storage buildings, acquisition of rights of way and the purchase of fuel oil, and supplies necessary to the performance of construction, reconstruction, preservation, and maintenance of highways, shall be paid out of the highway account of the various counties.
(b) Except as provided in subsection (c), for funds distributed to a county from the motor vehicle highway account, the county shall use at least fifty percent (50%) of the money for the construction, reconstruction, and preservation of the county's highways.
(c) This subsection applies to a county containing a consolidated city. For funds distributed to a county from the motor vehicle highway account, the county shall use at least sixty-five percent (65%) of the money for the construction, reconstruction, and preservation of the county's highways.
Formerly: Acts 1941, c.168, s.4. As amended by Acts 1980, P.L.74, SEC.216; P.L.218-2017, SEC.63; P.L.185-2018, SEC.23; P.L.179-2023, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 14. Highway Finances › Chapter 1. Motor Vehicle Highway Account Act › 8-14-1-5. Municipal Allocations; Permissible Uses of Funds; Requirement; Consolidated City

Sec. 5. (a) Subject to subsection (c), all funds allocated to cities and towns from the motor vehicle highway account shall be used by the cities and towns for the construction, reconstruction, preservation, repair, maintenance, oiling, sprinkling, snow removal, weed and tree cutting and cleaning of their highways as herein defined, and including also any curbs, and the city's or town's share of the cost of the separation of the grades of crossing of public highways and railroads, the purchase or lease of highway construction, preservation, and maintenance equipment, the purchase, erection, operation and maintenance of traffic signs and signals, and safety zones and devices, and the painting of surfaces in highways for purposes of safety and traffic regulation. All of such funds shall be budgeted as provided by law.
(b) In addition to purposes for which funds may be expended under subsection (a), monies allocated to cities and towns under this chapter may be expended for the payment of principal and interest on bonds sold primarily to finance road, street, or thoroughfare projects.
(c) Except as provided in subsection (d), for funds distributed to a city or town from the motor vehicle highway account, the city or town shall use at least fifty percent (50%) of the money for the construction, reconstruction, and preservation of the city's or town's highways.
(d) This subsection applies to a consolidated city. For funds distributed to a consolidated city from the motor vehicle highway account, the consolidated city shall use at least sixty-five percent (65%) of the money for the construction, reconstruction, and preservation of the consolidated city's highways.
Formerly: Acts 1941, c.168, s.5; Acts 1945, c.164, s.1; Acts 1959, c.278, s.1; Acts 1965, c.121, s.1. As amended by Acts 1981, P.L.111, SEC.3; P.L.61-2000, SEC.1; P.L.218-2017, SEC.64; P.L.185-2018, SEC.24; P.L.179-2023, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 14. Highway Finances › Chapter 1. Motor Vehicle Highway Account Act › 8-14-1-7. Short Title

Sec. 7. This chapter shall be known as the "Motor Vehicle Highway Account Act". The distribution herein set out under section 3 of this chapter is hereby declared to be equitable.
Formerly: Acts 1941, c.168, s.7. As amended by P.L.66-1984, SEC.55.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 14. Highway Finances › Chapter 1. Motor Vehicle Highway Account Act › 8-14-1-9. Mandatory Transfer of Funds

Sec. 9. (a) A written agreement between the department and a city, town, or county under IC 8-23-2-5, or a similar government cooperative statute, may provide for a mandatory transfer of funds by the auditor of state under this section if one (1) of the parties becomes more than sixty (60) days late in making a payment required by the agreement.
(b) To obtain a mandatory transfer of funds, the party to whom the funds were to be paid under terms of the written agreement must certify in writing to the auditor of state:
(1) that a written agreement between the parties authorizes the mandatory transfer of funds as provided in subsection (a);
(2) that the owing party was notified in writing of the amount owed;
(3) that the payment is more than sixty (60) days past due;
(4) the names of the parties; and
(5) the amount of the payment due.
(c) Upon receipt of a certificate as specified in subsection (b), the auditor of state shall:
(1) immediately notify the delinquent party of the claim; and
(2) if proof of payment is not furnished to the auditor of state within thirty (30) days after the delinquent party has been notified, transfer the unpaid amount from the delinquent party's allocations from the motor vehicle highway account to the other party. Transfers shall be made until the unpaid amount has been paid in full under the terms of the agreement.
As added by P.L.113-1983, SEC.2. Amended by P.L.18-1990, SEC.108.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 14. Highway Finances › Chapter 1. Motor Vehicle Highway Account Act › 8-14-1-10. Covered Bridges; Appropriation From Account; Disbursements

Sec. 10. (a) On July 1 of each year, there is appropriated from the motor vehicle highway account for the maintenance of covered bridges in Indiana the amount necessary to make the disbursements under subsection (b) for the year.
(b) Before September 1 of each year, the auditor of state shall, by warrant drawn on the treasurer of state, distribute to each county that has a covered bridge located on the county's road system an amount that may only be used for maintenance of covered bridges in the county. The amount to which each county is entitled under this subsection equals the product of:
(1) the number of covered bridges located on the county's road system; multiplied by
(2) one thousand eight hundred fifty dollars ($1,850).
As added by P.L.127-1987, SEC.1. Amended by P.L.115-1989, SEC.1; P.L.57-1994, SEC.1; P.L.23-2007, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 14. Highway Finances › Chapter 1. Motor Vehicle Highway Account Act › 8-14-1-11. Local Agency Revolving Fund; Reimbursement; Accounts Receivable; Transfer of Funds

Sec. 11. (a) The department may create a local agency revolving fund from money appropriated under section 3(7) of this chapter for the purpose of maintaining a sufficient working balance in accounts established primarily to facilitate the matching of federal and local money for highway projects.
(b) The revolving fund balance must be maintained through reimbursement from a local unit for money used by that unit to match federal funds.
(c) If the local unit fails to reimburse the revolving fund, the department shall notify the local unit that the department has found the outstanding accounts receivable to be uncollectible.
(d) The attorney general shall review the outstanding accounts receivable and if the attorney general agrees with the department's assessment of the account's status, the attorney general shall certify to the auditor of state that the outstanding accounts receivable is uncollectible and request a transfer of funds as provided in subsection (e).
(e) Upon receipt of a certificate as specified in subsection (d), the auditor of state shall:
(1) immediately notify the delinquent local unit of the claim; and
(2) if proof of payment is not furnished to the auditor of state within thirty (30) days after the notification, transfer an amount equal to the outstanding accounts receivable to the department from the delinquent local unit's allocations from the motor vehicle highway account for deposit in the local agency revolving fund.
(f) Transfers shall be made under subsection (e) until the unpaid amount has been paid in full under the terms of the agreement. However, the agreement may be amended if both the department and the unit agree to amortize the transfer over a period not to exceed five (5) years.
(g) Money in the fund at the end of a fiscal year does not revert to the state general fund.
As added by P.L.116-1989, SEC.1. Amended by P.L.1-1994, SEC.35.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 14. Highway Finances › Chapter 2. Special Highway User Tax Accounts › 8-14-2-1. Definitions

Sec. 1. As used in this chapter:
(1) Primary highway system special account means the account of the state known as the "primary highway system special account" to which is credited monthly fifty-five percent (55%) of the money deposited in the highway, road, and street fund.
(2) Local road and street account means the account of the state known as the "local road and street account" to which is credited monthly forty-five percent (45%) of the money deposited in the highway, road and street fund.
(3) The term "department" refers to the Indiana department of transportation created under IC 8-23-2.
(4) The term "primary highways" shall mean that portion of the federal-aid highway system designated by the department and approved by the United States department of transportation as being the state "primary highway system".
(5) The term "construction" shall mean both construction and reconstruction to a degree that new, supplementary, or substantially improved traffic service is provided, and significant geometric or structural improvements are effected.
(6) "Arterial road system" shall mean the system of roads including bridges in each county of Indiana, under the jurisdiction of the board of county commissioners, or successor body, including a department of transportation of a consolidated city, designated as such by the board under IC 8-23-4-3, but not including local county roads.
(7) "Local county roads" shall mean all county roads and bridges which are not designated as being in the arterial road system.
(8) "Arterial street system" means the system of streets, including bridges in each city or town in Indiana, under the jurisdiction of municipal street authorities or successor bodies, including a department of transportation of a consolidated city, designated as such by the board under IC 8-23-4-4, but not including local streets.
(9) "Local streets" shall mean all city and town streets and bridges which are not designated as being in the arterial street system in each city or town.
(10) "Resurfacing" means the placement of additional pavement layers (including protective systems for bridge decks) over the existing (or restored or rehabilitated) roadway or bridge deck surface to provide additional strength or to improve serviceability for a substantial time period.
(11) "Restoration and rehabilitation" means work required to return the existing structure (roadway pavement or bridge deck) to a suitable condition for an additional stage of construction (bridge deck protective system or resurfacing) or to a suitable condition to perform satisfactorily for a substantial time period.
Formerly: Acts 1969, c.392, s.1; Acts 1971, P.L.98, SEC.1; Acts 1973, P.L.71, SEC.1. As amended by Acts 1978, P.L.58, SEC.1; Acts 1980, P.L.74, SEC.217; Acts 1981, P.L.41, SEC.50; P.L.18-1990, SEC.109.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 14. Highway Finances › Chapter 2. Special Highway User Tax Accounts › 8-14-2-2. Legislative Intent as to Use of Monies

Sec. 2. It is hereby declared to be the intent of the general assembly that the monies deposited in the primary highway system special account and the local road and street account shall be used exclusively for engineering, land acquisition, construction, resurfacing, restoration, and rehabilitation of highway facilities.
Formerly: Acts 1969, c.392, s.2; Acts 1971, P.L.98, SEC.2; Acts 1973, P.L.71, SEC.2; Acts 1975, P.L.90, SEC.1. As amended by Acts 1978, P.L.58, SEC.2.