reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 8. Utilities and Transportation › Article 9. Railroad Labor › Chapter 12. Railroad Employee Counseling and Assistance › 8-9-12-2. "Operating Crew Member"

Sec. 2. (a) As used in this chapter, "operating crew member" means a railroad employee who is able to:
(1) read and understand the timetables of the carrier that employs the railroad employee;
(2) read ordinary handwriting in the English language;
(3) speak, hear, and understand the English language; and
(4) see, distinguish, and understand the signals required by the book of rules of the carrier governing the operation of the locomotives and trains of the carrier.
(b) In addition to satisfying the requirements of subsection (a), the following railroad employees must pass the regular examination prescribed by the carrier concerning the rules and regulations governing their particular position:
(1) Engineers.
(2) Conductors.
(3) Flagmen.
(4) Firemen, brakemen, or yard brakemen or helpers.
(5) Yard conductors or foremen.
As added by P.L.21-2001, SEC.1. Amended by P.L.50-2011, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 9. Railroad Labor › Chapter 12. Railroad Employee Counseling and Assistance › 8-9-12-3. "Railroad"

Sec. 3. As used in this chapter, "railroad" has the meaning set forth in IC 8-3-1-2. However, the term does not include a Class II or Class III railroad as established by the Interstate Commerce Commission.
As added by P.L.21-2001, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 9. Railroad Labor › Chapter 12. Railroad Employee Counseling and Assistance › 8-9-12-4. Counseling or Trauma Program

Sec. 4. (a) A railroad company operating in Indiana shall establish a counseling or trauma program and provide or make available counseling or critical incident stress debriefing services to each operating crew member of a train that is:
(1) operated by the railroad company in passenger, freight, or yard service; and
(2) involved in an accident that results in death or serious bodily injury.
(b) A railroad company operating in Indiana shall file a description of the railroad company's counseling or trauma program required under subsection (a) with the Indiana department of transportation, whose sole responsibility under this section is to receive the descriptions and make the descriptions available to the public in accordance with IC 5-14-3.
(c) Before a railroad company implements one (1) or more changes to the railroad company's counseling or trauma program required under subsection (a), the railroad company must file with the Indiana department of transportation a revised description of the program that includes the changes.
As added by P.L.21-2001, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 9. Railroad Labor › Chapter 12. Railroad Employee Counseling and Assistance › 8-9-12-5. Civil Penalties

Sec. 5. (a) A railroad that violates this chapter is liable to the state for a penalty of not:
(1) less than one hundred dollars ($100); or
(2) more than five hundred dollars ($500);
for each violation.
(b) A suit to recover the penalty set forth in subsection (a) may be brought by the attorney general in the name of the state on relation of the Indiana department of transportation in the circuit or superior court of a county through which the railroad runs or is operated.
As added by P.L.128-2003, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 9.5. Transportation Agencies › Chapter 7. Automated Transit Districts › 8-9.5-7-1. Creation by Legislative Body

Sec. 1. (a) The following may create, by an ordinance adopted by its legislative body, an automated transit district:
(1) A consolidated city.
(2) A city having a population of more than one hundred thousand (100,000) and less than one hundred ten thousand (110,000).
The ordinance creating an automated transit district must specify the territory to be included initially in the district.
(b) An automated transit district may also be created by the procedures provided in sections 2 and 3 of this chapter.
As added by Acts 1982, P.L.77, SEC.1. Amended by P.L.84-1988, SEC.7; P.L.12-1992, SEC.60; P.L.170-2002, SEC.62; P.L.119-2012, SEC.86; P.L.104-2022, SEC.62.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 9.5. Transportation Agencies › Chapter 7. Automated Transit Districts › 8-9.5-7-1.1. Dissolution by Ordinance or Resolution; Obligations of Dissolved Districts

Sec. 1.1. (a) An automated transit district may be dissolved by an ordinance adopted by the legislative body on a date that is at least three (3) years later than the date the ordinance was adopted.
(b) An automated transit district may dissolve itself by resolution on a date that is at least two (2) years later than the date of adoption of the resolution creating the district.
(c) A dissolution of a district under this section requires the city to assume the obligations incurred by the district.
As added by P.L.343-1989(ss), SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 9.5. Transportation Agencies › Chapter 7. Automated Transit Districts › 8-9.5-7-5. Ordinances; Introduction of Proposed Draft; Notice

Sec. 5. (a) A member of the commission may introduce a proposed draft of an ordinance at a meeting of the commission. A person who introduces a proposed draft of an ordinance shall provide at the time of introduction a written copy of the proposed draft. The commission shall assign to each proposed draft of an ordinance a distinguishing number, and the date when introduced.
(b) Not more than seven (7) days after the introduction of a proposed draft of an ordinance nor less than seven (7) days before the final passage of a proposed draft of an ordinance, the commission shall publish a notice that the proposed ordinance is pending final action by the commission. The notice shall be published one (1) time in each of two (2) daily newspapers which have a general circulation in the jurisdiction of the commission.
(c) The commission shall include in the notice reference to the subject matter of the proposed ordinance and the time and place hearing will be held thereon and shall indicate that the proposed draft of an ordinance is available for public inspection at the office of the commission. The commission may include in one (1) notice a reference to the subject matter of each draft of an ordinance which is pending and for which notice has not been given.
(d) An ordinance shall not be invalid because the reference to the subject matter of the draft of an ordinance was inadequate if sufficient to advise the public of the general subject matter of the proposed ordinance.
(e) The commission shall not later than the date of notice of the introduction of a proposed ordinance place five (5) copies of the proposed draft on file in the office of the commission for public inspection.
(f) At a meeting for which notice has been given as required by this section, the commission may take final action on the proposed ordinance or may postpone final consideration thereof to a designated meeting in the future without giving additional notice.
As added by Acts 1982, P.L.77, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 9.5. Transportation Agencies › Chapter 7. Automated Transit Districts › 8-9.5-7-6. Adoption of Ordinance; Effective Date

Sec. 6. (a) The commission may adopt a draft of an ordinance only at a meeting which is open to the public. Before adopting an ordinance, the commission shall give opportunity to any person present at the meeting to give testimony, evidence or argument for or against the proposed ordinance in person or by counsel, under such rules as to the number of persons who may be heard and time limits as may be adopted by the commission.
(b) When an ordinance is adopted, the commission shall at the same meeting designate the effective date of the ordinance. If the commission fails so to designate the effective date of the ordinance in the record of the proceedings of the commission, the ordinance shall be effective on the fourteenth day after its passage.
As added by Acts 1982, P.L.77, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 9.5. Transportation Agencies › Chapter 7. Automated Transit Districts › 8-9.5-7-8. Actions by the Commission; Publication of Regulations

Sec. 8. The commission may take any action which it deems proper to recover damages for the breach of any agreement, express or implied, relating to or growing out of the operation, control, leasing, management, or improvement of the property under its control, and for the penalties for the violation of any ordinances or of any of its regulations and for injury to the personal or real property under its control and to recover possession of any such property. All regulations which said commission shall at any time adopt under and in pursuance of the provisions of this chapter shall be published for at least ten (10) days in a newspaper of general circulation printed in such city.
As added by Acts 1982, P.L.77, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 9.5. Transportation Agencies › Chapter 7. Automated Transit Districts › 8-9.5-7-9. Eminent Domain

Sec. 9. (a) The commission may exercise the power of eminent domain for the purpose of carrying out this chapter and to award damages to landowners for real estate and property rights appropriated and taken. If the commission cannot agree with the owners, lessees, or occupants of any real estate selected by the board for the purpose set forth in this chapter, the board may proceed to procure the condemnation of the property under IC 32-24.
(b) Relocation assistance under IC 8-23-17 shall be provided to any person displaced under this section.
(c) If the property over and across which the automated transit system must be constructed and operate is already in use or acquired for use for a public purpose, the public use or acquisition of the property shall not be a bar to the right of the commission to condemn the property for purposes of this chapter.
As added by Acts 1982, P.L.77, SEC.1. Amended by P.L.18-1990, SEC.103; P.L.2-2002, SEC.43.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 9.5. Transportation Agencies › Chapter 7. Automated Transit Districts › 8-9.5-7-10. Agreement With Public Transportation Corporation

Sec. 10. In any district served by a public transportation corporation, created under IC 36-9-4, the commission may enter into an agreement with the corporation to operate and maintain the automated transmit system and to provide connecting service to, from, and between the areas served by the district and the corporation for the purpose of providing improved public transportation facilities and service to the community.
As added by Acts 1982, P.L.77, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 9.5. Transportation Agencies › Chapter 7. Automated Transit Districts › 8-9.5-7-11. Treasurer; Appointment; Bond; Term; Powers and Duties

Sec. 11. (a) The commission shall appoint a person to act as treasurer of the district; he shall give bond in such sum and with any condition prescribed by the commission and with surety to the approval of the commission. The treasurer shall be appointed to serve for a term of one (1) year unless sooner removed for cause. All money payable to the district shall be paid to the treasurer and he shall deposit the same under the provisions of the general laws of the state relating to the deposit of public funds by municipal corporations. He shall keep an accurate account of all appropriations made and all taxes levied by the district, of all money owing or due to the district and of all money received and disbursed. He shall preserve all vouchers for payments and disbursements made.
(b) The treasurer shall issue all warrants for the payment of money from the funds of the district, but no warrant shall be issued for the payment of any claim until such claim has been allowed in accordance with the procedure prescribed by the regulations of the commission. All warrants shall be countersigned by the president. Whenever the treasurer is called upon to issue any warrant, he shall have the power to require evidence that the amount claimed is justly due and in conformity with law and for that purpose may summon before him any officer, agent or employee of the district, or other person, and examine him on oath or affirmation relating thereto, which oath or affirmation the treasurer may administer.
As added by Acts 1982, P.L.77, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 9.5. Transportation Agencies › Chapter 7. Automated Transit Districts › 8-9.5-7-12. Report of Accounts by Treasurer

Sec. 12. The treasurer shall submit to the commission annually, and more often if required by the commission, a report of the accounts, exhibiting the revenues, receipts and disbursements and the sources from which the revenues and funds are derived and in what manner the same have been disbursed.
As added by Acts 1982, P.L.77, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 9.5. Transportation Agencies › Chapter 7. Automated Transit Districts › 8-9.5-7-13. Audit of Records of Account

Sec. 13. The treasurer shall annually, and more often if required by the commission, submit his records of account as treasurer of the district to such person or firm, being a certified public accountant or firm of certified public accountants, as designated or selected by the commission, for audit. Such person or firm shall prepare and submit a certified report of such records of accounts to the board exhibiting the revenues, receipts and disbursements and the sources from which the revenues and funds are derived and in what manner the same have been disbursed.
As added by Acts 1982, P.L.77, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 9.5. Transportation Agencies › Chapter 7. Automated Transit Districts › 8-9.5-7-15. Loans; Warrants; Advancements From Within District

Sec. 15. (a) To facilitate the carrying out of the preliminary proceedings and provide funds for the payment of expenses prior to the issuance of bonds, the commission may by resolution authorize the making of loans. Such loans shall be evidenced by callable warrants payable out of the proceeds of bonds, when available. The same shall be sold at public sale pursuant to notice given in accordance with IC 5-3-1. Such warrants shall be sold to the bidder offering to purchase said warrants at the lowest actual interest cost to the district, and shall be executed in the name of the district by the president or vice president of the commission.
(b) Any city, town, township, or county, any part of the territory of which is included within said district, shall have authority to advance funds to the district upon being authorized so to do by its fiscal body. Such advancements may be made without appropriation, and warrants evidencing the same shall be issued by the district, bearing such rate of interest as shall be provided for in the resolution or other action authorizing the making of such advancements.
As added by Acts 1982, P.L.77, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 9.5. Transportation Agencies › Chapter 7. Automated Transit Districts › 8-9.5-7-18. Formula for Use of Increased Property Tax Revenues

Sec. 18. This section provides a formula for a portion of increased property tax revenues resulting from increases in assessed valuation to be used for the automated transit district. For the first ten (10) complete calendar years after the establishment of an automated transit district, any property taxes levied on the property geographically within the automated transit district, by another political subdivision, shall be divided each year as follows:
(1) That portion of the taxes which are produced by the rate at which the tax is levied by or for each of the political subdivisions upon the total sum of the assessed value of the taxable property in the district, as that assessed value stands on the date of the establishment of the automated transit district, is allocated to the respective political subdivisions for their usual purposes.
(2) Twenty-five percent (25%) of that portion of the property taxes collected each year in excess of the amount referred to in subdivision (1) is allocated to the respective taxing agencies for their usual purposes in proportion to the tax rate of each taxing agency.
(3) Seventy-five percent (75%) of that portion of the property taxes collected each year in excess of the amount referred to in subdivision (1) is allocated to, and when collected shall be paid into a special fund of the automated transit district to pay the principal and the interest on loans, to repay money advanced to, or to repay indebtedness of the district. When such loans, advances, and indebtedness, if any, and the interest thereon has been paid in full, all money thereafter received from property taxes upon the taxable property in the district shall be paid solely into the funds of the respective political subdivisions.
(4) That portion of the taxes referred to in subdivision (3), and the special fund into which they shall be paid, may be irrevocably pledged by the automated transit district for the payment of the principal and interest on loans or for repayment of advances or indebtedness, of the district.
As added by Acts 1982, P.L.77, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 9.5. Transportation Agencies › Chapter 8. Indiana Finance Authority: Additional Duties › 8-9.5-8-0.3. Transfer of Powers, Duties, Liabilities, Records, and Property to Indiana Transportation Finance Authority

Sec. 0.3. (a) On April 1, 1988, all powers, duties, and liabilities of the Indiana toll finance authority are transferred to the Indiana transportation finance authority, as the successor.
(b) On April 1, 1988, all records and property of the Indiana toll finance authority are transferred to the Indiana transportation finance authority, as the successor agency.
As added by P.L.220-2011, SEC.195.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 9.5. Transportation Agencies › Chapter 8. Indiana Finance Authority: Additional Duties › 8-9.5-8-0.4. Transfer of Revenue Bonds to Indiana Transportation Finance Authority; Rights of Trustee and Bondholders

Sec. 0.4. (a) All powers, duties, and liabilities of the Indiana toll finance authority with respect to revenue bonds issued by that authority in connection with any trust agreement or indenture securing those bonds are transferred to the Indiana transportation finance authority as successor.
(b) The rights of the trustee under any trust agreement or indenture and the rights of the bondholders of the Indiana toll finance authority remain unchanged, although the powers, duties, and liabilities of the Indiana toll finance authority have been transferred to the Indiana transportation finance authority.
As added by P.L.220-2011, SEC.196.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 9.5. Transportation Agencies › Chapter 8. Indiana Finance Authority: Additional Duties › 8-9.5-8-1. Definitions

Sec. 1. As used in this chapter:
"Authority" refers to the Indiana finance authority established by IC 5-1.2-3.
"Department" refers to the Indiana department of transportation established under IC 8-23-2.
"Toll bridge" means a bridge with approaches, avenues of access, fills, causeways, and connecting bridges or ferries under IC 8-16-1.
"Toll road project" has the meaning specified in IC 8-15-2-4(4).
As added by P.L.109-1983, SEC.3. Amended by P.L.68-1988, SEC.5; P.L.18-1990, SEC.104; P.L.235-2005, SEC.106; P.L.189-2018, SEC.68.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 9.5. Transportation Agencies › Chapter 8. Indiana Finance Authority: Additional Duties › 8-9.5-8-2. Repealed

As added by P.L.109-1983, SEC.3. Amended by P.L.68-1988, SEC.6. Repealed by P.L.235-2005, SEC.212.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 9.5. Transportation Agencies › Chapter 8. Indiana Finance Authority: Additional Duties › 8-9.5-8-3. Repealed

As added by P.L.109-1983, SEC.3. Amended by P.L.68-1988, SEC.7; P.L.112-1989, SEC.1. Repealed by P.L.235-2005, SEC.212.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 9.5. Transportation Agencies › Chapter 8. Indiana Finance Authority: Additional Duties › 8-9.5-8-4. Duties

Sec. 4. (a) The authority is responsible for the construction, reconstruction, improvement, maintenance, operation, and repair of toll roads under IC 8-15-2 and toll bridges under IC 8-16-1.
(b) The authority shall classify as confidential any estimate of cost prepared in conjunction with analyzing competitive bids for projects until a contract is awarded for the work.
As added by P.L.109-1983, SEC.3. Amended by P.L.12-1984, SEC.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 9.5. Transportation Agencies › Chapter 8. Indiana Finance Authority: Additional Duties › 8-9.5-8-5. Feasibility Studies

Sec. 5. (a) The authority shall study the need for and feasibility of constructing a new toll road under IC 8-15-2 or a new toll bridge under IC 8-16-1 only after receiving the approval of the commissioner of the Indiana department of transportation.
(b) If a study conducted under IC 8-15-2-20 indicates that a toll road project would have a substantial and positive impact, the authority shall recommend to the commissioner of the Indiana department of transportation that the toll road project be initiated.
As added by P.L.109-1983, SEC.3. Amended by P.L.68-1988, SEC.8; P.L.112-1989, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 9.5. Transportation Agencies › Chapter 8. Indiana Finance Authority: Additional Duties › 8-9.5-8-6. Contracts or Leases; Requisite Provisions

Sec. 6. (a) With respect to each toll road project and each toll bridge, the authority may enter into:
(1) a contract with the department under section 7 of this chapter for any or all of the purposes enumerated in section 7(b) of this chapter; or
(2) a lease with the department under section 8 of this chapter for any or all of the purposes enumerated in section 8(b) of this chapter.
(b) If the authority determines that the department is not complying with a contract or lease:
(1) the authority shall reassume responsibility for the construction, reconstruction, improvement, operation, maintenance, and repair of the toll road project or toll bridge; and
(2) the contract or lease shall be terminated by the authority.
(c) If the authority enters into a contract or lease with the department as provided in subsection (a), the contract or lease must contain, in addition to the requirements of section 7 or 8 of this chapter, the following:
(1) A description of the toll road project or toll bridge setting forth in general terms its principal features, such as geographic location, terminal points, widths of rights-of-way, number of lanes in each direction, width of traffic lanes, widths of shoulders, location and nature of access points, tunnels, overpasses, underpasses, interchanges, bridges, entrance plazas, approaches, connecting highways, and tollhouses.
(2) Provisions for construction, reconstruction, or improvement of the toll road project or toll bridge.
(3) Provisions for operation, maintenance, and repair of the toll road project or toll bridge in accordance with any applicable trust agreement.
(4) Provisions requiring the toll road project or the toll bridge to be managed as a unit separate from any other district or division of the department.
As added by P.L.109-1983, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 9.5. Transportation Agencies › Chapter 8. Indiana Finance Authority: Additional Duties › 8-9.5-8-9. Tolls; Imposition and Collection

Sec. 9. The authority shall fix, impose, and collect tolls for the use of a toll road in the manner prescribed in IC 8-15-2 and for the use of a toll bridge in the manner prescribed by IC 8-16-1, except when the toll road project or toll bridge is leased to the department under section 8 of this chapter.
As added by P.L.109-1983, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 9.5. Transportation Agencies › Chapter 8. Indiana Finance Authority: Additional Duties › 8-9.5-8-10. Toll Road or Toll Bridge Bonds Authorized; Limitations

Sec. 10. (a) Except as provided in section 11 of this chapter, the authority may issue toll road bonds under IC 8-15-2 or toll bridge bonds under IC 8-16-1 only:
(1) after obtaining the approval of the commissioner of the Indiana department of transportation;
(2) after the general assembly has, based on the recommendations of the commissioner of the Indiana department of transportation, provided for the issuance of the bonds by establishing in an act the maximum aggregate principal amount of bonds that the authority may issue;
(3) after the authority has delivered to the budget agency a written guarantee that the aggregate amount of attorney's fees for the particular proposed bond issue will not exceed two-tenths of one percent (0.2%) of the principal amount of the proposed issue of toll road and toll bridge bonds; and
(4) with the approval of the budget committee, the budget agency, and the governor.
(b) The authority may include money from the rural transportation road fund as a source of revenue in the performance of contracts and leases with the Indiana department of transportation under IC 8-23-2-6(a)(3). Revenues from that allocation may be used in the determination of the feasibility of a toll road or toll bridge project.
As added by P.L.109-1983, SEC.3. Amended by P.L.386-1987(ss), SEC.2; P.L.112-1989, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 9.5. Transportation Agencies › Chapter 8. Indiana Finance Authority: Additional Duties › 8-9.5-8-11. Issuance of Additional Bonds

Sec. 11. Notwithstanding section 10 of this chapter, if:
(1) a bond issue of the authority provides an amount less than the amount necessary to complete the toll road project or the toll bridge project for which the bonds were issued; and
(2) the trust agreement securing the bond issue provides that additional bonds may be issued to secure additional funds to provide the amount necessary to complete the project;
the authority may, without the approval of the parties listed in section 10 of this chapter, issue additional bonds to provide the funds necessary to complete the project.
As added by P.L.109-1983, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 9.5. Transportation Agencies › Chapter 8. Indiana Finance Authority: Additional Duties › 8-9.5-8-16. Rural Transportation Road Fund

Sec. 16. (a) The rural transportation road fund is established as a special revenue fund to be administered by the Indiana finance authority.
(b) The money in the rural transportation road fund at the end of any state fiscal year does not revert to any other fund.
(c) The treasurer of state may invest the money in the rural transportation road fund in the manner provided by law for investing money in the state general fund.
(d) The rural transportation road fund is to be used only for the purpose of supplementing the revenues received by the Indiana finance authority as tolls imposed for the use of any toll road or toll bridge project.
As added by P.L.386-1987(ss), SEC.3. Amended by P.L.68-1988, SEC.9; P.L.235-2005, SEC.107.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 9.5. Transportation Agencies › Chapter 8. Indiana Finance Authority: Additional Duties › 8-9.5-8-17. Toll Road Assistance Programs

Sec. 17. The authority shall study and implement programs to assist in the transportation of military veterans or individuals with a disability (as defined in IC 6-1.1-12-11) who travel on a toll road to or from a hospital for treatment. However, a program may not be inconsistent with the trust indenture securing the bonds of the toll road.
As added by P.L.83-1996, SEC.1. Amended by P.L.99-2007, SEC.34.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 9.5. Transportation Agencies › Chapter 9. Powers and Duties of Authorities Related to Swap Agreements › 8-9.5-9-1. Construction and Application of Chapter

Sec. 1. This chapter applies notwithstanding any other law and shall be liberally construed.
As added by P.L.55-1994, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 9.5. Transportation Agencies › Chapter 9. Powers and Duties of Authorities Related to Swap Agreements › 8-9.5-9-2. "Authority"

Sec. 2. As used in this chapter, "authority" means:
(1) an authority or agency established under IC 8-1-2.2 or IC 8-9.5 through IC 8-23;
(2) when acting under a referenced statute (as defined in IC 5-1.2-2), the Indiana finance authority established by IC 5-1.2-3;
(3) only in connection with a program established under IC 5-1.2-10, the bank established under IC 5-1.5;
(4) a fund or program established under IC 5-1.2-10;
(5) the Indiana housing and community development authority established by IC 5-20-1;
(6) the authority established under IC 5-1.2-3; or
(7) the authority established under IC 5-1-17.
As added by P.L.55-1994, SEC.1. Amended by P.L.273-1999, SEC.45; P.L.235-2005, SEC.108; P.L.214-2005, SEC.50; P.L.1-2006, SEC.153 and P.L.181-2006, SEC.49; P.L.162-2007, SEC.30; P.L.189-2018, SEC.69.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 9.5. Transportation Agencies › Chapter 9. Powers and Duties of Authorities Related to Swap Agreements › 8-9.5-9-3. "Obligations"

Sec. 3. As used in this chapter, "obligations" means bonds, loan contracts, notes, bond anticipation notes, commercial paper, leases, lease-purchases, installment purchases, certificates of participation in agreements or programs, other evidences of indebtedness, or other agreements or purchasing programs, whether or not the obligations have been issued or entered into.
As added by P.L.55-1994, SEC.1. Amended by P.L.273-1999, SEC.46.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 9.5. Transportation Agencies › Chapter 9. Powers and Duties of Authorities Related to Swap Agreements › 8-9.5-9-4. "Swap Agreement"

Sec. 4. As used in this chapter, "swap agreement" refers to:
(1) an agreement (including terms and conditions incorporated by reference in the agreement) that is a rate swap agreement, basis swap, forward rate agreement, interest rate option, rate cap agreement, rate floor agreement, rate collar agreement, or any other similar agreement (including any option to enter into any of the agreements described in this subdivision);
(2) any combination of the agreements described in subdivision (1); or
(3) a master agreement for an agreement or a combination of agreements described in subdivision (1) or (2), together with all supplements to the agreement.
As added by P.L.55-1994, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 9.5. Transportation Agencies › Chapter 9. Powers and Duties of Authorities Related to Swap Agreements › 8-9.5-9-5. Powers and Duties of Authorities

Sec. 5. (a) Subject to subsections (b) through (d), an authority may enter into and modify, amend, or terminate one (1) or more swap agreements that the authority determines to be necessary or desirable in connection with or incidental to the issuance, carrying, or securing of obligations. Swap agreements entered into by an authority shall:
(1) contain the provisions (including payment, term, security, default, and remedy provisions); and
(2) be with the parties;
that the authority determines are necessary or desirable after due consideration is given to the creditworthiness of the parties.
(b) The authority may not:
(1) enter into any swap agreement under this section other than for the purpose of managing an interest rate or similar risk that arises in connection with or incidental to the issuance, carrying, or securing of obligations by the authority; or
(2) carry on a business of acting as a dealer in swap agreements.
(c) A swap agreement shall be considered as being entered into in connection with or incidental to the issuance, carrying, or securing of obligations if:
(1) the swap agreement is entered into not more than one hundred eighty (180) days after the issuance of the obligations and specifically indicates the agreement's relationship to the obligations;
(2) the authority designates the swap agreement as having a relationship to the obligations;
(3) the swap agreement amends, modifies, or reverses a swap agreement described in subdivision (1) or (2); or
(4) the terms of the swap agreement bear a reasonable relationship to the terms of the obligations.
(d) Payments to be made by the authority to any other party under a swap agreement may be payable from:
(1) the same source or sources of funds from which the obligations are, will be, or may be payable; or
(2) any other lawfully available source.
(e) This chapter does not create a debt or liability of the authority or the state for purposes of any constitutional or statutory limitation.
As added by P.L.55-1994, SEC.1. Amended by P.L.273-1999, SEC.47.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 9.5. Transportation Agencies › Chapter 9. Powers and Duties of Authorities Related to Swap Agreements › 8-9.5-9-6. Investment Powers

Sec. 6. The provisions of this chapter shall not be construed as limiting or restricting the investment powers otherwise provided to the authority.
As added by P.L.55-1994, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 9.5. Transportation Agencies › Chapter 9. Powers and Duties of Authorities Related to Swap Agreements › 8-9.5-9-7. Credit Enhancement and Liquidity Agreements

Sec. 7. With regard to entering into any swap agreement, the authority may enter into credit enhancement or liquidity agreements with payment, security, default, remedy, and other terms and conditions as determined by the authority.
As added by P.L.55-1994, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 9.5. Transportation Agencies › Chapter 9. Powers and Duties of Authorities Related to Swap Agreements › 8-9.5-9-8. Payments Under Swap Agreements

Sec. 8. (a) With respect to all leases and contracts entered into by the authority with the Indiana department of transportation, the Indiana department of administration, a fund or program established under IC 5-1.2-10, or any other entity to support obligations, the lease or contract may provide that payments under a swap agreement are treated as a debt service on the obligations or as additional rental or other payment due under the lease or contract as the authority may determine.
(b) The authority may determine that payments under a swap agreement may be integrated with payments on obligations for the purpose of meeting any statutory requirements related to the issuance of obligations.
As added by P.L.55-1994, SEC.1. Amended by P.L.273-1999, SEC.48; P.L.189-2018, SEC.70.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 9.5. Transportation Agencies › Chapter 9. Powers and Duties of Authorities Related to Swap Agreements › 8-9.5-9-9. Enforcement of Swap Agreements

Sec. 9. (a) This section does not apply in cases of bad faith or actual knowledge to the contrary by a party.
(b) A party that enters into any swap agreement with an authority may rely on a representation by the authority that the authority is authorized or empowered to enter into the swap agreement, and notwithstanding the failure by the authority to comply with the provisions of this chapter, that party may enforce the swap agreement against the authority, subject to the terms of the swap agreement and subject to prior claims on sources from which the swap agreement may be payable.
As added by P.L.55-1994, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 1. Ports of Indiana─organization › 8-10-1-0.3. Treatment of References to Indiana Port Commission

Sec. 0.3. (a) As used in this section, "Indiana port commission" means the Indiana port commission established by section 3 of this chapter, as in effect before March 19, 2008.
(b) As used in this section, "ports of Indiana" means the ports of Indiana established by section 3 of this chapter, as amended by P.L.98-2008.
(c) After June 30, 2008, a reference to the Indiana port commission in a statute, a rule, or another document is considered a reference to the ports of Indiana, as the successor entity.
As added by P.L.220-2011, SEC.197.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 1. Ports of Indiana─organization › 8-10-1-1. Construction of Ports and Economic Development Projects Authorized

Sec. 1. In order to promote the agricultural, industrial, and commercial development of the state and to provide for the general welfare by the construction and operation, in cooperation with the federal government, or otherwise, of a modern port system with terminal facilities to accommodate water, rail, truck, air-borne, and other forms of transportation, the ports of Indiana is hereby authorized and empowered to construct, maintain, and operate, in cooperation with the federal government, or otherwise, at such locations as shall be approved by the governor, projects, including without limitation public ports with terminal facilities and traffic exchange points throughout Indiana for all forms of transportation, giving particular attention to the benefits which may accrue to the state and its citizens from all forms of transportation, and issue revenue bonds of the state payable solely from revenues to pay the cost of such projects. The ports of Indiana's powers are not limited to ports and may be exercised throughout Indiana for projects that enhance, foster, aid, provide, or promote economic development, public-private partnerships, and other industrial, commercial, business, and transportation purposes.
Formerly: Acts 1961, c.11, s.1; Acts 1963, c.395, s.1; Acts 1965, c.224, s.1; Acts 1969, c.387, s.1; Acts 1971, P.L.88, SEC.1. As amended by P.L.224-2003, SEC.201 and P.L.271-2003, SEC.1; P.L.98-2008, SEC.9.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 1. Ports of Indiana─organization › 8-10-1-4. Bonds; Payment

Sec. 4. Revenue bonds issued under the provisions of this article:
(1) do not constitute a debt of the ports of Indiana, the state, or any political subdivision of the state, or a pledge of the faith and credit of the ports of Indiana, the state, or any political subdivision of the state;
(2) are payable solely from the funds pledged for their payment as authorized in this article, unless the bonds are refunded by refunding bonds issued under the provisions of this chapter, which shall be payable solely from funds pledged for their payment as authorized in this article; and
(3) must contain on their face a statement to the effect that the bonds, as to both principal and interest, are not an obligation of the ports of Indiana, the state, or of any political subdivision of the state, but are payable solely from revenues pledged for their payment.
All expenses incurred in carrying out the provisions of this article are payable solely from funds provided under the authority of this article and nothing in this article shall be construed to authorize the ports of Indiana to incur indebtedness or liability on behalf of or payable by the state or any political subdivision of the state.
Formerly: Acts 1961, c.11, s.4. As amended by P.L.66-1984, SEC.1; P.L.224-2003, SEC.204 and P.L.271-2003, SEC.4; P.L.232-2005, SEC.5; P.L.98-2008, SEC.12.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 1. Ports of Indiana─organization › 8-10-1-4.5. Certain Pledges Prohibited

Sec. 4.5. Except as specifically authorized by the general assembly, the ports of Indiana may not pledge, in any form, to:
(1) seek funding from the state in the event of any default in the payment of revenue bonds; or
(2) specify, in any form, in an agreement related to revenue bonds that money appropriated by the general assembly may or shall be deposited in a debt service fund or reserve fund for the revenue bonds.
As added by P.L.224-2003, SEC.205 and P.L.271-2003, SEC.5. Amended by P.L.98-2008, SEC.13.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 1. Ports of Indiana─organization › 8-10-1-5. Ports and Projects; Cooperation With Other Entities; Title to Property

Sec. 5. (a) The ports of Indiana may:
(1) prepare sketches, plans, and descriptive material relating to ports or projects, as in its discretion may seem feasible, to compile data and prepare literature as to the necessity or advisability thereof, and to do other acts and things it considers necessary to promote the ports or projects and deems to be in the public interest;
(2) carry on, in its discretion, negotiations and enter into agreements and contracts with the federal government or agencies of the federal government or an authority established under IC 36-7-23 for the building and construction of public ports including terminal facilities, to be located within Indiana, on Lake Michigan, the Ohio River, the Wabash River, or in waters adjacent to Indiana;
(3) locate and acquire suitable sites for ports or projects;
(4) construct, develop, maintain, and operate the same in cooperation with the federal government, any agency of the federal government, a corporation established under IC 36-7-23, or otherwise, in such a manner and on such terms as will, in the discretion of the ports of Indiana, best serve the commercial, industrial, and agricultural interests of the state;
(5) provide adequate port and terminal facilities to accommodate water, rail, truck, and airborne transportation; and
(6) provide a traffic exchange point for all forms of transportation, giving particular attention to the benefits which may accrue to the state and its citizens by the opening of the St. Lawrence Seaway and river transportation.
(b) The title to all property included in any port or project shall be taken in the name of, and shall be in, the state of Indiana.
Formerly: Acts 1961, c.11, s.5; Acts 1963, c.395, s.2; Acts 1965, c.224, s.3; Acts 1969, c.387, s.3; Acts 1971, P.L.88, SEC.3. As amended by P.L.346-1989(ss), SEC.5; P.L.224-2003, SEC.206 and P.L.271-2003, SEC.6; P.L.98-2008, SEC.14.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 1. Ports of Indiana─organization › 8-10-1-7.5. Public Fishing Areas

Sec. 7.5. The department of natural resources may establish and maintain, within all ports created under this chapter and in operation on July 1, 1975, areas for the use of the citizens of this state for public fishing from the shore. The ports of Indiana shall cooperate fully with the department of natural resources in the implementation of this section. However, if the site of any public fishing area established under this section is subsequently leased to others for agricultural, industrial, or commercial purposes, or if required to maintain port security, the ports of Indiana may limit or halt public fishing in that area.
Formerly: Acts 1975, P.L.85, SEC.1. As amended by P.L.98-2008, SEC.17.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 1. Ports of Indiana─organization › 8-10-1-9. Rules and Regulations; Adoption; Publication; Access by Public Officers; Violation; Offense

Sec. 9. (a) The ports of Indiana shall have power to adopt such by-laws, rules and regulations as the ports of Indiana may deem advisable for the control and regulation of any port or project or traffic on any port or project, for the protection of and preservation of property under its jurisdiction and control, and for the maintenance and preservation of good order within the property under its control, and such by-laws, rules and regulations shall be published in a newspaper of general circulation in Marion County, Indiana, and in such other manner as the ports of Indiana shall prescribe; however, such rules and regulations shall provide that public officers shall be afforded ready access, while in performance of their official duty, to all property under the jurisdiction or control of the ports of Indiana without the payment of tolls.
(b) Such rules and regulations adopted under this section shall be adopted under IC 4-22-2.
(c) A person who violates a rule or regulation of the ports of Indiana commits a Class C infraction.
Formerly: Acts 1961, c.11, s.9. As amended by Acts 1976, P.L.28, SEC.2; Acts 1978, P.L.2, SEC.839; Acts 1980, P.L.75, SEC.1; P.L.224-2003, SEC.209 and P.L.271-2003, SEC.9; P.L.98-2008, SEC.19.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 10. Ports › Chapter 1. Ports of Indiana─organization › 8-10-1-11. Eminent Domain; Taking or Disturbing Property or Facilities of Public Utility or Common Carrier

Sec. 11. The ports of Indiana is hereby authorized and empowered to acquire by appropriation, under the provisions of the eminent domain law of the state, any land, including lands under water and riparian rights, property, rights, rights-of-way, franchises, easements or other property necessary or proper for the construction or the efficient operation of any port or project. The ports of Indiana shall also be empowered to exercise such powers of eminent domain as may be conferred upon the ports of Indiana by an act of Congress of the United States now in force, or which may hereafter be enacted. Title to the property condemned shall be taken in the name of the state of Indiana. Nothing herein shall authorize the ports of Indiana to take or disturb property or facilities constituting all or part of any presently existing or operating public port and nothing herein shall authorize the ports of Indiana to take or disturb property or facilities belonging to any public utility or to a common carrier engaged in interstate commerce, which property or facilities are required for the proper and convenient operation of such public utility or common carrier, unless provision is made for the restoration, relocation or duplication of such property or facilities elsewhere at the sole cost of the ports of Indiana excepting however, cases in which such equipment or facilities are located within the limits of existing highways or public thoroughfares.
Formerly: Acts 1961, c.11, s.11. As amended by P.L.224-2003, SEC.211 and P.L.271-2003, SEC.11; P.L.98-2008, SEC.21.