reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 1. Ports of Indiana─organization › 8-10-1-12. Indiana Port Fund; Creation and Administration

Sec. 12. (a) A special and distinct revolving fund is hereby created, to be known as the Indiana port fund. Expenditures from said fund shall be made only for the following:
(1) Acquisition of land, including lands under water and riparian rights, or options for the purchase of such land for a port or project site, and incidental expenses incurred in connection with such acquisition.
(2) Studies in connection with the port or project.
(3) Studies in connection with transportation by water, intermodal transportation, and other modes of transportation.
(4) Transfers to the fund established by IC 14-13-2-19 to carry out the purposes of IC 14-13-2.
(5) Administrative expenses of the ports of Indiana.
The fund shall be held in the name of the ports of Indiana, shall be administered by the ports of Indiana, and all expenditures therefrom shall be made by the ports of Indiana, subject, however, to the approval by governor and the budget committee of all expenditures of moneys advanced to said fund by the state of Indiana. Requests for such approval shall be made in such form as shall be prescribed by the budget committee, but expenditures for acquisition of land including lands under water and riparian rights, or options for the purchase of such land, shall be specifically requested and approved as to the land to be acquired and the amount to be expended. No transfers from said fund to any other fund of the state shall be made except pursuant to legislative action.
(b) Upon the sale of revenue bonds for any port or project, the funds expended from the Indiana port fund in connection with the development of such port or project and any obligation or expense incurred by the ports of Indiana for surveys, preparation of plans and specifications, and other engineering or other services in connection with development of such port or project shall be reimbursed to the state general fund from the proceeds of such bonds.
Formerly: Acts 1961, c.11, s.12. As amended by P.L.66-1984, SEC.4; P.L.165-2003, SEC.1; P.L.224-2003, SEC.212 and P.L.271-2003, SEC.12; P.L.97-2004, SEC.36; P.L.98-2008, SEC.22.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 1. Ports of Indiana─organization › 8-10-1-14. Use of Proceeds of Revenue Bonds; Replacement of Lost or Destroyed Bonds

Sec. 14. The proceeds of the bonds of each issue shall be used solely for the payment of the cost of the port or project for which such bonds shall have been issued, and shall be disbursed in such manner and under such restrictions, if any, as the ports of Indiana may provide in the resolution authorizing the issuance of such bonds or in the trust agreement mentioned in this chapter securing the same. If the proceeds of the bonds of any issue, by error of estimates or otherwise, shall be less than such cost, additional bonds may in like manner be issued to provide the amount of such deficit, and, unless otherwise provided in the resolution authorizing the issuance of such bonds or in the trust agreement securing the same, shall be deemed to be of the same issue and shall be entitled to payment from that same fund without preference or priority of the bonds first issued. If the proceeds of the bonds of any issue shall exceed the cost of the port or project for which the same shall have been issued, the surplus shall be deposited to the credit of the sinking fund for such bonds. Prior to the preparation of definitive bonds, the ports of Indiana may, under like restrictions, issue interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when such bonds shall have been executed and are available for delivery. The ports of Indiana may also provide for the replacement of any bonds which shall become mutilated or shall be destroyed or lost. Bonds and any other instruments or the security for the bonds and other instruments that are authorized by this article may be issued under the provisions of this article without obtaining the consent of any officer, department, division, commission, board, bureau, or agency of the state, and without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, or things which are specifically required by this chapter.
Formerly: Acts 1961, c.11, s.14. As amended by P.L.66-1984, SEC.5; P.L.224-2003, SEC.214 and P.L.271-2003, SEC.14; P.L.98-2008, SEC.24.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 1. Ports of Indiana─organization › 8-10-1-15. Refunding Bonds

Sec. 15. The ports of Indiana is hereby authorized to provide by resolution for the issuance of refunding bonds of the state payable solely from revenues for the purpose of refunding any bonds then outstanding which shall have been issued under the provisions of section 13 of this chapter or IC 8-10-4-2, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such bonds, and, if deemed advisable by the ports of Indiana, for the additional purpose of constructing improvements, extensions, or enlargements of the port or project in connection with which the bonds to be refunded shall have been issued. The issuance of such bonds, the maturities and other details thereof, the rights of the holders thereof and the rights, duties and obligations of the ports of Indiana in respect of the same, shall be governed by the provisions of this article insofar as the same may be applicable.
Formerly: Acts 1961, c.11, s.15. As amended by P.L.66-1984, SEC.6; P.L.224-2003, SEC.215 and P.L.271-2003, SEC.15; P.L.98-2008, SEC.25.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 1. Ports of Indiana─organization › 8-10-1-17. Rates and Charges; Fixing; Surplus Net Revenues; Disposition

Sec. 17. The ports of Indiana shall be authorized to fix, review, charge, and collect fees, tolls, rentals, and other charges for the use of the ports, projects, terminal facilities, and lands under the jurisdiction or control of the ports of Indiana or services rendered by the ports of Indiana, and the aggregate thereof shall provide revenues at least sufficient to pay the cost of operation, maintenance, and repair of the port or project and terminal facilities, including the administration expenses of the ports of Indiana, and in case revenue bonds are issued, sufficient to pay the interest on and principal of the bonds in accordance with their terms, and also sufficient to establish and maintain reserves created for all such purposes and for depreciation purposes. The fixing and collection of such fees, tolls, rentals and other charges and the expenditure of the revenues derived therefrom shall not be subject to the supervision or regulation by any other officer, commission, board, bureau, or agency of the state. After such bonds have been fully paid and discharged and all obligations under any trust agreement securing the same have been performed or satisfied, any remaining surplus net revenues and all surplus net revenues thereafter derived from the operation of the port or project shall be paid into the state general fund.
Formerly: Acts 1961, c.11, s.17. As amended by P.L.224-2003, SEC.217 and P.L.271-2003, SEC.17; P.L.98-2008, SEC.27.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 1. Ports of Indiana─organization › 8-10-1-18. Disposition of Revenues

Sec. 18. All money received pursuant to the authority of this chapter, whether as proceeds from the sale of bonds, from revenues, or otherwise, shall be deemed to be trust funds to be held and applied solely as provided in this chapter, but prior to the time when needed for use may be invested to the extent and in the manner provided by IC 5-13-10.5, insofar as applicable. Such funds shall be kept in depositories designated as depositories for funds of the state as selected by the ports of Indiana, in the manner provided by the governing statutes in so far as applicable. The resolution of the commission authorizing the issuance of bonds or the trust agreement securing such bonds shall provide that any officer to whom, or any bank or trust company to which, such money shall be entrusted, shall act as trustee of such money and shall hold and apply the same for the purposes hereof, subject to the provisions of this chapter and of the authorizing resolution or trust agreement.
Formerly: Acts 1961, c.11, s.18. As amended by P.L.66-1984, SEC.7; P.L.19-1987, SEC.24; P.L.18-1996, SEC.28; P.L.98-2008, SEC.28.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 1. Ports of Indiana─organization › 8-10-1-19. Mandamus or Other Action Compelling Compliance With Law

Sec. 19. Any holder of bonds issued under the provisions of this chapter or any of the coupons appertaining thereto, and the trustee under any trust agreement, except to the extent the rights given in this chapter may be restricted by the authorizing resolution or trust agreement, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the statutes of the state or granted under this chapter or under such trust agreement, or the resolution authorizing the issuance of such bonds, and may enforce and compel the performance of all duties required by this chapter or by such trust agreement or resolution to be performed by the ports of Indiana or by any officer thereof, including the fixing, charging, and collecting of fees, tolls, rentals, or other charges for the use of the port or project.
Formerly: Acts 1961, c.11, s.19. As amended by P.L.66-1984, SEC.8; P.L.224-2003, SEC.218 and P.L.271-2003, SEC.18; P.L.98-2008, SEC.29.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 1. Ports of Indiana─organization › 8-10-1-20. Operation, Policing, and Maintenance of Projects

Sec. 20. Each port or project, as defined in section 2 of this chapter, when constructed and placed in operation shall be maintained and kept in good condition and repair by the ports of Indiana. Each such project shall also be policed and operated by such force of police, tolltakers, and other operating employees as the ports of Indiana may in its discretion employ. All public or private property damaged or destroyed in carrying out the powers granted by this chapter shall be restored or repaired and placed in its original condition as nearly as practicable or adequate compensation made therefor out of funds provided under the authority of this chapter.
Formerly: Acts 1961, c.11, s.20. As amended by P.L.66-1984, SEC.9; P.L.224-2003, SEC.219 and P.L.271-2003, SEC.19; P.L.98-2008, SEC.30.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 1. Ports of Indiana─organization › 8-10-1-21. Political Subdivisions; Lease, Grant, or Conveyance of Property to Ports of Indiana

Sec. 21. All counties, cities, towns, townships, and other political subdivisions and all public agencies and commissions of the state, notwithstanding any contrary provision of law, are hereby authorized and empowered to lease, lend, grant, or convey to the ports of Indiana at its request upon such terms and conditions as the proper authorities of such counties, cities, towns, townships, other political subdivisions or public agencies and commissions of the state may deem reasonable and fair and without the necessity for an advertisement, order of court, or other action or formality, other than the regular and formal action of the authorities concerned, any real or personal property owned by any such municipality or governmental subdivision which may be necessary or convenient to the effectuation of the authorized purposes of the ports of Indiana.
Formerly: Acts 1961, c.11, s.21. As amended by P.L.224-2003, SEC.220 and P.L.271-2003, SEC.20; P.L.98-2008, SEC.31.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 1. Ports of Indiana─organization › 8-10-1-22. Audit of Books and Accounts; Annual Report

Sec. 22. (a) The ports of Indiana shall cause an audit of its books and accounts to be made at least once each year by certified public accountants, and the cost thereof may be treated as a part of the cost of construction or of operations of the ports and projects of the ports of Indiana. The accounts, books, and records of the ports of Indiana shall be audited by the state board of accounts, and the cost of such audit may be treated as a part of the cost of construction or of operations of the ports and projects of the ports of Indiana.
(b) The ports of Indiana shall, following the close of each fiscal year, submit an annual report of its activities for the preceding year to the governor, the budget committee, and the general assembly. An annual report submitted under this section to the general assembly must be in an electronic format under IC 5-14-6. Each report shall set forth a complete operating and financial statement for the ports of Indiana during the fiscal year it covers.
Formerly: Acts 1961, c.11, s.22. As amended by Acts 1978, P.L.6, SEC.13; P.L.224-2003, SEC.221 and P.L.271-2003, SEC.21; P.L.235-2005, SEC.111; P.L.98-2008, SEC.32; P.L.181-2015, SEC.31.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 1. Ports of Indiana─organization › 8-10-1-23. Adverse or Pecuniary Interest; Member, Agent, or Employee

Sec. 23. A member of the commission or an agent or employee of the ports of Indiana who knowingly is interested in any contract with the ports of Indiana, or in the sale of any property, either real or personal, to the ports of Indiana, commits a Class A misdemeanor. All such contracts are void. This section does not apply to contracts for purchases of property, real or personal, between the ports of Indiana and other departments, municipalities, or subdivisions of state government.
Formerly: Acts 1961, c.11, s.23. As amended by Acts 1978, P.L.2, SEC.840; P.L.98-2008, SEC.33; P.L.1-2009, SEC.70.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 1. Ports of Indiana─organization › 8-10-1-24. Construction of Law

Sec. 24. This chapter, being necessary for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes thereof.
Formerly: Acts 1961, c.11, s.24. As amended by P.L.66-1984, SEC.10.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 1. Ports of Indiana─organization › 8-10-1-25. Investment in Revenue Bonds by Financial Institutions

Sec. 25. Revenue bonds issued by the ports of Indiana under the provisions of this article shall constitute legal investments for any private trust funds, and the funds of any banks, trust companies, insurance companies, building and loan associations, credit unions, banks of discount and deposit, savings banks, loan and trust and safe deposit companies, rural loan and savings associations, guaranty loan and savings associations, mortgage guaranty companies, small loan companies, and industrial loan and investment companies, and any other financial institutions organized under Indiana statutes. The bonds are also made securities that may be deposited with and received by all public officers and bodies of Indiana or any agency or political subdivision of Indiana and all municipalities and public commissions for any purpose for which the deposit of bonds or other obligations of Indiana is now or may be later authorized by law.
Formerly: Acts 1961, c.11, s.25. As amended by P.L.66-1984, SEC.11; P.L.42-1993, SEC.7; P.L.224-2003, SEC.222 and P.L.271-2003, SEC.22; P.L.98-2008, SEC.34.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 1. Ports of Indiana─organization › 8-10-1-26. Journal of Ports of Indiana

Sec. 26. All final actions of the ports of Indiana shall be journalized and said journal shall be open to the inspection of the public at all reasonable times.
Formerly: Acts 1961, c.11, s.26. As amended by P.L.98-2008, SEC.35.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 1. Ports of Indiana─organization › 8-10-1-27. Tax Exemptions

Sec. 27. (a) The exercise of the powers granted by this article will be in all respects for the benefit of the people of the state, for the increase of their commerce and prosperity, and for the improvement of their health and living conditions.
(b) As the operation and maintenance of a port or project by the ports of Indiana will constitute the performance of essential governmental functions, the ports of Indiana shall not be required to pay any taxes or assessments upon any port or project or any property acquired or used by the ports of Indiana under the provisions of this article or upon the income therefrom. The bonds issued by the ports of Indiana, the interest thereon, the proceeds received by a holder from the sale of such bonds to the extent of the holder's cost of acquisition, or proceeds received upon redemption prior to maturity or proceeds received at maturity, and the receipt of such interest and proceeds shall be exempt from taxation in the state of Indiana for all purposes except the financial institutions tax imposed under IC 6-5.5.
(c) Notwithstanding any other statute, a lessee's leasehold estate in land that is part of a port and that is owned by the state or the ports of Indiana is exempt from property taxation. However, an exemption under this subsection is not available for land not located at a port.
Formerly: Acts 1961, c.11, s.27. As amended by P.L.66-1984, SEC.12; P.L.21-1990, SEC.39; P.L.60-1992, SEC.1; P.L.254-1997(ss), SEC.13; P.L.224-2003, SEC.223 and P.L.271-2003, SEC.23; P.L.98-2008, SEC.36; P.L.79-2017, SEC.54.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 1. Ports of Indiana─organization › 8-10-1-29. Contracts for Construction or Purchase Over $150,000; Bidding Required; Emergency Exception; Violations a Level 6 Felony

Sec. 29. (a) The ports of Indiana may declare an emergency:
(1) in the case of fire, flood, windstorm, casualty, or other extraordinary emergency, including mechanical failure of any part of a building or structure; and
(2) if the health, safety, or welfare of the public or necessary governmental operations are endangered by loss or damage.
The ports of Indiana shall declare an emergency by recording the declaration and grounds for the emergency in the minutes of the commission.
(b) Unless the ports of Indiana declares an emergency, the ports of Indiana may not during any six (6) month period make separate contracts with another party for similar construction projects or the purchase of similar equipment, materials, or supplies under IC 8-10-1-7(5) without advertising for and accepting public bids, if the aggregate cost of the separate contracts is more than one hundred fifty thousand dollars ($150,000).
(c) A commission member or an employee of the ports of Indiana who knowingly violates subsection (b) commits a Level 6 felony.
(d) A person who accepts a contract with the ports of Indiana knowing that subsection (b) was violated in connection with the contract commits a Level 6 felony and may not be a party to or benefit from any contract with a public body in the state for two (2) years from the date of the person's conviction.
(e) If the ports of Indiana declares an emergency, the ports of Indiana may:
(1) contract for a construction project or the purchase of equipment, materials, or supplies without advertising for bids, if bids or quotes are invited from at least three (3) persons known to deal in:
(A) the public work required to be done; or
(B) the equipment, materials, or supplies sought to be purchased; and
(2) either:
(A) reject all bids or quotes submitted; or
(B) contract with the lowest and best bidder or quoter for the construction project or purchase.
The total amount of all contracts the ports of Indiana may award with respect to an emergency declared under subsection (a) may not exceed one million dollars ($1,000,000), unless an executive order is issued by the governor authorizing the ports of Indiana to exceed this limit.
(f) When awarding a contract with respect to an emergency declared under subsection (a), the ports shall list in the minutes of the next commission meeting the names of all the entities invited to bid.
As added by Acts 1977, P.L.108, SEC.2. Amended by P.L.18-1987, SEC.9; P.L.102-1993, SEC.1; P.L.98-2008, SEC.37; P.L.156-2013, SEC.2; P.L.158-2013, SEC.133; P.L.168-2014, SEC.11.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 1. Ports of Indiana─organization › 8-10-1-30. Rights of Bondholders Not to Be Impaired

Sec. 30. The state pledges and agrees with the holders of any bonds issued under this article that the state will not limit or alter the rights vested in the ports of Indiana to fulfill the terms of any agreements made with the holders or in any way impair the rights or remedies of the holders until the bonds, together with the interest, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of the holders, are fully met and discharged. The ports of Indiana is authorized to include this pledge and agreement of the state in any agreement with the holders of the bonds.
As added by P.L.224-2003, SEC.224 and P.L.271-2003, SEC.24. Amended by P.L.98-2008, SEC.38.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 2. Ports of Indiana─canals and Storage Facilities › 8-10-2-1. Authority for Construction or Improvement; Reimbursement for Damages to Public or Private Facilities

Sec. 1. (a) Except as otherwise provided by this chapter, the definitions set forth in IC 8-10-1-2 apply throughout this chapter.
(b) In addition to the powers conferred upon the ports of Indiana by other provisions of this article, the ports of Indiana, in order to promote the agricultural, industrial, and commercial development of the state or to provide for the general welfare, and in order to connect any port under its jurisdiction with any other waterway or as part of a plan to ultimately connect such port with any other waterway, shall have the power and is hereby authorized, in cooperation with the federal government or otherwise, to construct a new canal or canals or to improve any canal, river, or other waterway, or both, including but not limited to dredging and all other work required in the design and construction of shipping channels, canals, and turning basins in a manner to accommodate water-borne transportation and the construction of wharves, docks, piers, warehouses, and other facilities for the unloading of barges and other boats. In exercising the powers hereby granted, the ports of Indiana shall have only such powers granted to it by this article in connection with a port project as may relate to the construction of a new canal or canals or the improvement of any canal, river, or other waterway, or both, and the term "port project", as used in this article, shall be deemed to include the construction of a new canal or canals or the improvement of any canal, river, or other waterway, or both, including but not limited to dredging and all other work required in the design and construction of wharves, docks, piers, warehouses, and other facilities for the unloading of barges and other boats. However, the ports of Indiana shall make reimbursement for any actual damage to any public or private facilities, including but not limited to breakwaters, water intakes, wharfs, piers, boat docks, warehouses, and pipeline equipment resulting from such construction and other activities. Nothing in this section shall authorize the ports of Indiana to take, condemn, or disturb any property right or interest in property, existing on March 10, 1967, including permits and authorities to fill and reclaim submerged lands, or any facilities constituting all or part of any operating property or any private or public port.
Formerly: Acts 1967, c.210, s.1. As amended by P.L.66-1984, SEC.14; P.L.98-2008, SEC.39.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 2. Ports of Indiana─canals and Storage Facilities › 8-10-2-2. Manufacturing, Processing, and Recreational Facilities; Damages to Public or Private Facilities; Reimbursement

Sec. 2. (a) In addition to the powers conferred upon the ports of Indiana by other provisions of this article, the ports of Indiana, whenever the ports of Indiana finds that the economic welfare of the state would thereby be benefited, by additional employment opportunities, or by additional diversification of industry within the state, or by increased income or prosperity to the state and its residents, or for any other reason, shall have the power to acquire, construct, maintain, repair, police, and lease to others such facilities for manufacturing, storage, or processing of goods, or for the carrying on of commercial, business, or recreational activities as the ports of Indiana further finds will increase the traffic into or out of the project. Any such facilities and the site thereof shall not be exempt from property taxation, and the lessee in any lease thereof shall agree to pay all property taxes levied on such facilities and the site thereof.
(b) In exercising the powers granted in this section, the ports of Indiana shall have all the powers granted to it by this article, in connection with a project, and the term "project", as used in IC 8-10-1, shall be deemed to include facilities, adjuncts, and appurtenances of the character referred to in this section.
(c) It is further declared that the acquisition, construction, maintenance, repair, policing of, and leasing to others of such facilities under the conditions set forth in this section is a public purpose.
(d) Nothing in this section shall authorize the ports of Indiana to take, condemn, or disturb any property right or interest in property, existing on March 10, 1967, including permits and authorities to fill and reclaim submerged lands, or any facilities constituting all or part of any operating property or any private or public port. The ports of Indiana shall make reimbursement for any actual damage to any public or private facilities, including but not limited to breakwaters, water intakes, wharves, piers, boat docks, warehouses, and pipeline equipment resulting from the exercise by it of any powers granted to it by this section.
Formerly: Acts 1967, c.210, s.2. As amended by P.L.66-1984, SEC.15; P.L.224-2003, SEC.225 and P.L.271-2003, SEC.25; P.L.98-2008, SEC.40.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 2. Ports of Indiana─canals and Storage Facilities › 8-10-2-3. Indiana Port Fund; Management and Disbursements

Sec. 3. Subject to the approval of the governor, the budget agency, and the budget committee, the ports of Indiana may, notwithstanding the provisions of IC 8-10-1-12 or the provisions of any other statute relating to or appropriating money to the Indiana port fund, expend moneys without further appropriation than the provisions of this chapter from the Indiana port fund for the operation and maintenance of a "port" or "port project" as those terms are defined in this article, and in connection with the issuance of bonds, may covenant to set aside and may set aside moneys from the Indiana port fund in a separate fund or account with a corporate trustee or otherwise to be applied on the cost of such operation and maintenance.
Formerly: Acts 1967, c.210, s.3. As amended by P.L.66-1984, SEC.16; P.L.98-2008, SEC.41.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 3. Ports of Indiana─foreign Trade Zone and In-Transit Storage › 8-10-3-1. Authority for Acquisition and Operation of Port Facilities

Sec. 1. (a) Except as otherwise provided by this chapter, the definitions set forth in IC 8-10-1-2 apply throughout this chapter.
(b) In addition to the powers conferred upon the ports of Indiana by other provisions of this article, the ports of Indiana shall have the power whenever the ports of Indiana finds it either desirable or necessary in order to increase the water borne traffic into or out of the port to acquire, lease, construct, maintain, repair, and police facilities, adjuncts, and appurtenances for use in the business of in transit processing, finishing, reduction, conversion, completion, packaging, bottling, transshipment, or handling of commodities. In exercising the powers granted in this section, the ports of Indiana shall have all the powers granted to the ports of Indiana by this article in connection with a port project, and the term "port project", as used in this article, shall be deemed and construed to include facilities, adjuncts, and appurtenances of the character referred to in this section.
Formerly: Acts 1965, c.237, s.1. As amended by P.L.66-1984, SEC.17; P.L.98-2008, SEC.42.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 3. Ports of Indiana─foreign Trade Zone and In-Transit Storage › 8-10-3-2. Authority for Establishment and Operation of Foreign-Trade Zones

Sec. 2. The ports of Indiana, or a public or private agency or corporation of the state of Indiana designated by the ports of Indiana, is hereby authorized to make application to the board established by the act of Congress approved June 18, 1934 (48 Stat. 998-1003; 19 United States Code 81a-81u) (Public Law 397, 73rd Congress) entitled "an act to provide for the establishment, operation, and maintenance of foreign-trade zones in ports of entry of the United States to expedite and encourage foreign commerce and other purposes," and all acts amendatory thereto, for a grant to the ports of Indiana, or a public or private agency or corporation of the state of Indiana designated by the ports of Indiana, of the privilege of establishing, operating, and maintaining a foreign-trade zone at such places within the state of Indiana as the ports of Indiana may determine, including lake ports, river ports, and elsewhere, pursuant to the provisions of such act, and if such application be granted to accept such grant and to establish, operate, and maintain such zone in accordance with law.
Formerly: Acts 1965, c.237, s.2; Acts 1975, P.L.84, SEC.2. As amended by Acts 1976, P.L.28, SEC.1; P.L.98-2008, SEC.43.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 3. Ports of Indiana─foreign Trade Zone and In-Transit Storage › 8-10-3-3. Eminent Domain

Sec. 3. The ports of Indiana in any appropriation of property, under the provisions of the appropriate eminent domain law, may take either a fee simple title in any property, or easement, or right-of-way, or riparian right, or any other estate therein as in any particular instance as to any parcel of property may be deemed necessary by the ports of Indiana.
Formerly: Acts 1965, c.237, s.3. As amended by P.L.98-2008, SEC.44.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 4. Ports of Indiana─jurisdiction and Bonding Powers › 8-10-4-1. "Self-Liquidating or Nonrecourse Project"

Sec. 1. (a) As used in this chapter, "self-liquidating or nonrecourse project" means:
(1) a project for which a lease or leases have been executed providing for payment in an amount the ports of Indiana determines to be sufficient to pay:
(A) the interest and principal of the bonds to be issued to finance the cost of the project; and
(B) all costs of maintenance, repair, and insurance of the project; or
(2) a project that is structured in such a manner that the ports of Indiana determines there is no recourse against the state or the ports of Indiana.
(b) Other words and terms used in this chapter shall have the same meaning as in IC 8-10-1-2 and the other provisions of this article, unless otherwise specifically provided.
Formerly: Acts 1969, c.292, s.1. As amended by P.L.66-1984, SEC.18; P.L.224-2003, SEC.226 and P.L.271-2003, SEC.26; P.L.232-2005, SEC.8; P.L.98-2008, SEC.45.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 4. Ports of Indiana─jurisdiction and Bonding Powers › 8-10-4-2. Revenue Bonds; Application of Bidding and Public Works Statutes; Governor Approval Required

Sec. 2. (a) In addition to the powers conferred upon the ports of Indiana by other provisions of this article, and subject to subsection (b), the ports of Indiana, in connection with any self-liquidating or nonrecourse project, shall have the following powers notwithstanding any other provision of this article to the contrary:
(1) The revenue bonds issued by the ports of Indiana to finance the cost of such self-liquidating or nonrecourse project may be issued without regard to any maximum interest rate limitation in this article or any other law.
(2) The revenue bonds issued by the ports of Indiana to finance the cost of such self-liquidating or nonrecourse project may be sold in such manner, either at public or private sale, as the ports of Indiana may determine, and the provisions of IC 21-32-3 shall not be applicable to such sale.
(3) IC 4-13.6, IC 5-16-1, IC 5-16-2, IC 5-16-3, IC 5-16-5, IC 5-16-5.5, IC 5-16-6, IC 5-16-6.5, IC 5-16-8, IC 5-16-9, IC 5-16-10, IC 5-16-11, IC 5-16-11.1, IC 8-10-1-7(12), IC 8-10-1-29, and IC 36-1-12 do not apply to a self-liquidating or nonrecourse project.
(b) The issuance of revenue bonds by the ports of Indiana under this chapter is subject to the approval of the governor.
Formerly: Acts 1969, c.292, s.2. As amended by P.L.66-1984, SEC.19; P.L.224-2003, SEC.227 and P.L.271-2003, SEC.27; P.L.235-2005, SEC.112; P.L.232-2005, SEC.9; P.L.1-2006, SEC.154; P.L.2-2007, SEC.136; P.L.98-2008, SEC.46.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 4. Ports of Indiana─jurisdiction and Bonding Powers › 8-10-4-3. Charges of Lessees

Sec. 3. Any lease of a project may provide that the lessee, as its reasonable portion of the ports of Indiana's administrative expense incurred by the ports of Indiana during the term of the lease which the lessee is required to pay by IC 8-10-1-10, shall pay to the ports of Indiana for the use of the harbor, the public docking facilities and public wharves and piers, all harbor, dockage, and wharfage charges established by the ports of Indiana.
Formerly: Acts 1969, c.292, s.3. As amended by P.L.66-1984, SEC.20; P.L.224-2003, SEC.228 and P.L.271-2003, SEC.28; P.L.98-2008, SEC.47.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 4. Ports of Indiana─jurisdiction and Bonding Powers › 8-10-4-4. Valuation of Land for Project Site

Sec. 4. The cost of any project may include, instead of the cost of the acquisition of the land constituting the site of such project, the value of such land as determined by the ports of Indiana. The proceeds of any revenue bonds representing the value of such land shall be deposited in the Indiana port fund.
Formerly: Acts 1969, c.292, s.4. As amended by P.L.224-2003, SEC.229 and P.L.271-2003, SEC.29; P.L.98-2008, SEC.48.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 4. Ports of Indiana─jurisdiction and Bonding Powers › 8-10-4-5. Contracts for Use of License, Process, or Device

Sec. 5. The ports of Indiana may contract for the use of any license, process or device, whether patented or not, which the ports of Indiana finds is necessary for the operation of any project, and may permit the use thereof by any lessee on such terms and conditions as the ports of Indiana may determine. The cost of such license, process, or device may be included as part of the cost of the project.
Formerly: Acts 1969, c.292, s.5. As amended by P.L.224-2003, SEC.230 and P.L.271-2003, SEC.30; P.L.98-2008, SEC.49.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 4. Ports of Indiana─jurisdiction and Bonding Powers › 8-10-4-6. Application of Certain Provisions

Sec. 6. The following provisions apply to this chapter:
(1) IC 8-10-1-4.
(2) IC 8-10-1-10.
(3) IC 8-10-1-13.
(4) IC 8-10-1-14.
(5) IC 8-10-1-15.
(6) IC 8-10-1-16.
(7) IC 8-10-1-19.
(8) IC 8-10-1-25.
(9) IC 8-10-1-27.
(10) IC 8-10-1-30.
As added by P.L.224-2003, SEC.231 and P.L.271-2003, SEC.31.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 5. Creation of Port Authorities by Local Governments › 8-10-5-1. Definitions

Sec. 1. As used in this chapter:
(1) "Port authority" means a port authority created pursuant to authority of this chapter.
(2) The terms "port" or "harbor" may be used interchangeably and when used in this chapter shall mean any area used for servicing, storing, protecting, mooring, loading or unloading, or repairing any watercraft, on or adjacent to any body of water which may be wholly or partially within or wholly or partially adjacent to the state of Indiana. The terms include a breakwater area.
(3) The term "watercraft" shall mean any vessel, barge, boat, ship, tug, sailingcraft, skiff, raft, inboard or outboard propelled boat, or any contrivance known on March 13, 1959, or invented after March 13, 1959, used or designed for navigation of or use upon water, including a vessel permanently anchored in a port.
(4) "Publication" means publication once a week for two (2) consecutive weeks:
(A) with each publication of notice made in a newspaper of general circulation in the city, county, or counties where publication is required to be made; or
(B) with the first publication of notice made in a newspaper described in clause (A) and the second publication of notice:
(i) in accordance with IC 5-3-5; and
(ii) on the official web site of the city, county, or counties where publication is required to be made.
(5) The term "governing body" shall mean the legislative authority of the governmental unit or units establishing or having established a port authority under the provisions of this chapter.
Formerly: Acts 1959, c.343, s.1; Acts 1961, c.247, s.1. As amended by P.L.66-1984, SEC.21; P.L.103-1993, SEC.1; P.L.152-2021, SEC.6.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 5. Creation of Port Authorities by Local Governments › 8-10-5-2. Ordinance or Resolution Authorizing Creation; Actions by or Against; Contracts

Sec. 2. (a) Any municipal corporation, county, or any combination of a municipal corporation, municipal corporations, county, or counties may create a port authority and there may be created a port authority in a county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000). Such authority may operate in addition to any municipal authority that may be created under this chapter. A municipal corporation shall act by ordinance, and a county shall act by resolution of the county commissioners in authorizing the creation of a port authority. A port authority created hereunder shall be a body corporate and politic which may sue and be sued, plead and be impleaded, and shall have the powers and jurisdiction enumerated in this chapter. The exercise by such port authority of the powers conferred upon it shall be deemed to be essential governmental functions of the state of Indiana, but no port authority shall be immune from liability by reason thereof.
(b) In the exercise of the powers and authorities herein granted said port authority shall have power to make and enter into any and all contracts that may be necessary to effectuate the purposes of this chapter. Except as otherwise expressly provided by this chapter, a contract made by a port authority is not subject to ratification by any other board, body, or officer.
Formerly: Acts 1959, c.343, s.2; Acts 1961, c.247, s.2; Acts 1975, P.L.86, SEC.1. As amended by P.L.12-1992, SEC.61; P.L.49-2010, SEC.1; P.L.11-2023, SEC.37.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 5. Creation of Port Authorities by Local Governments › 8-10-5-3. Counties Creating Port Authority; Reimbursement of Municipal Corporations

Sec. 3. Any county, which seeks to create a port authority shall, prior to such creation of a port authority, and prior to the exercising of the hereinafter described rights, compensate in full the municipal corporations included in the territory of such county, in an amount of money equal to the waterfront investment of such municipal corporations in the territory or adjoining lands including but not limited to appropriations, expenditures, charges for materials used or labor performed by public officials or employees of said municipal corporation in the placing, construction, development, or improvement of land fills; waterfront shoreways or highways; bulkheads; connecting ways; tracts, breakwaters; soil erosion projects; harbor improvements; public beaches; boat harbor facilities; drainage systems; docks; bridges; wharves; piers; places; ways; buildings and appurtenances; sewers; public utility facilities for power, light, heat or water; dredging or channel improvement projects; communications systems; and lakefront improvements. Such municipal corporations may decline to demand compensation for any of the foregoing components of their waterfront investment and thereby retain their possession, custody, control, and property interest in the component for which no compensation is demanded.
Such compensation paid to the municipal corporation may not be derived or take origin directly or indirectly from levies, taxes, assessments, fees, or charges of any kind or nature which were imposed or will be imposed upon the citizens, electors or taxpayers of the municipal corporation which receives such compensation.
Formerly: Acts 1959, c.343, s.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 5. Creation of Port Authorities by Local Governments › 8-10-5-4. Surveys and Examinations; Dissolution of Authority

Sec. 4. Any municipal corporation or county creating or participating in the creation of a port authority may expend funds not otherwise appropriated to defray the expense of surveys and examinations incidental to the purposes of the port authority so created.
Subject to making due provisions for payment and performance of its obligations, a port authority may be dissolved by the subdivision or subdivisions creating it, and in such event the properties of the port authority shall be transferred to the subdivision creating it, or if created by more than one subdivision, to the subdivision creating it in such manner as may be agreed upon between such subdivisions.
Formerly: Acts 1959, c.343, s.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 5. Creation of Port Authorities by Local Governments › 8-10-5-5.5. Expansion of Jurisdiction; Ordinances

Sec. 5.5. Any port authority that is created under this chapter may expand its jurisdiction to include any other unit (as defined in IC 36-1-2-23) that desires to join the expanded authority. The legislative body (as defined in IC 36-1-2-9) of each unit that is in the authority shall by ordinance determine the number of directors on the board of the expanded authority and any other terms of the expansion that it considers appropriate. The legislative body of each unit that desires to join the authority shall by ordinance agree to join the authority and to accept the terms of the ordinance that provides for the expansion.
As added by P.L.85-1988, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 5. Creation of Port Authorities by Local Governments › 8-10-5-6. Officers and Employees

Sec. 6. A port authority shall employ and fix the qualifications, duties and compensation of such employees and professional help as it may require to conduct the business of the port and may appoint an advisory board which shall serve without compensation. Any employee may be suspended or dismissed, and the services of professional help may be terminated at any time by the port authority.
Formerly: Acts 1959, c.343, s.6.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 5. Creation of Port Authorities by Local Governments › 8-10-5-6.5. Retirement Plans for Port Authority Railroad Employees

Sec. 6.5. (a) A port authority operating a railroad under this chapter may establish a retirement plan for the benefit of the port authority's railroad employees and past railroad employees who are not members of the public employees' retirement fund.
(b) If a port authority establishes a retirement plan under subsection (a), the port authority may do the following:
(1) Provide for the method, manner, and amount of contributions by the:
(A) port authority out of the port authority's railroad revenues or reserves; and
(B) railroad employees of the port authority, if required by the retirement plan.
(2) Create an account for the retirement plan and allocate to the account contributions sufficient to establish the retirement plan on a sound actuarial basis, including contributions for past services of employees.
(c) A retirement plan established under subsection (a) may not require contributions from an employee that exceed six percent (6%) of the employee's wages or salary.
As added by P.L.16-1998, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 5. Creation of Port Authorities by Local Governments › 8-10-5-7. Jurisdictional Area

Sec. 7. The area of jurisdiction of a port authority shall include:
(1) all of the territory of the political subdivision or subdivisions creating it; and
(2) a facility that is owned or operated by the port authority, whether or not the facility is within the boundaries of the political subdivision or subdivisions that created the port authority;
however, the same area may not be included in the jurisdiction of more than one (1) port authority.
Formerly: Acts 1959, c.343, s.7. As amended by P.L.103-1993, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 5. Creation of Port Authorities by Local Governments › 8-10-5-8.1. Railroad Right-of-Way; Powers

Sec. 8.1. In addition to the other powers granted under this chapter, the port authority may contract for, accept, or otherwise acquire and maintain railroad property and rights-of-way. The port authority may accept and expend funding from any source, and may issue revenue bonds, for the construction, operation, and maintenance of the property and rights-of-way and the lease or purchase of all necessary equipment and appurtenances to successfully operate a railroad over the rights-of-way. The powers granted, and procedures provided for, by this chapter shall extend to any authority created pursuant to this chapter even though the railroad facilities will not serve a port or harbor.
As added by Acts 1977, P.L.109, SEC.1. Amended by Acts 1979, P.L.89, SEC.2; Acts 1981, P.L.74, SEC.3; P.L.85-1988, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 5. Creation of Port Authorities by Local Governments › 8-10-5-8.5. Powers of Port Authorities in Certain Counties

Sec. 8.5. Port authorities created in a county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000), shall have all the powers of port authorities provided under section 8 of this chapter except the power to exercise eminent domain as provided in section 8(a)(7) of this chapter in any city having a population of:
(1) more than seventy-five thousand (75,000) and less than seventy-nine thousand (79,000); or
(2) more than twenty-six thousand (26,000) and less than twenty-eight thousand (28,000).
Formerly: Acts 1975, P.L.86, SEC.3. As amended by P.L.12-1992, SEC.63; P.L.170-2002, SEC.63; P.L.1-2003, SEC.49; P.L.49-2010, SEC.3; P.L.119-2012, SEC.88; P.L.104-2022, SEC.64.