Introduced Version






HOUSE BILL No. 1699

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 5-13-9-3.4 ; IC 6-1.1-10-38; IC 6-1.1-40-1; IC 6-3-2-13 ; IC 8-10.

Synopsis: Indiana port commission. Expands the authority of the Indiana port commission to finance and operate projects other than port projects on Lake Michigan, the Ohio River, or the Wabash River.

Effective: July 1, 2003.





Murphy




    January 21, 2003, read first time and referred to Committee on Interstate and International Cooperation.







Introduced

First Regular Session 113th General Assembly (2003)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2002 Regular or Special Session of the General Assembly.

HOUSE BILL No. 1699



    A BILL FOR AN ACT to amend the Indiana Code concerning economic development.

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

SOURCE: IC 5-13-9-3.4; (03)IN1699.1.1. -->     SECTION 1. IC 5-13-9-3.4 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 3.4. Each officer designated in section 1 of this chapter may invest or reinvest any funds that are held by the officer and available for investment in obligations issued, assumed, or guaranteed by the Indiana port commission.
SOURCE: IC 6-1.1-10-38; (03)IN1699.1.2. -->     SECTION 2. IC 6-1.1-10-38 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 38. This chapter does not contain all of the property tax exemption provisions. The property taxation exemption provisions include but are not limited to the following sections:
IC 4-20.5-14-3    IC 20-14-7-3
IC 4-20.5-19    IC 20-14-9-15
IC 5-1-4-26    IC 20-14-10-14
IC 6-1.1-10-5    IC 21-5-11-14
IC 8-10-1-27 IC 8-10-0.5-17     IC 21-5-12-10
IC 8-23-7-31    IC 23-7-7-3
IC 8-15-2-12    IC 23-14-70-23
IC 8-21-9-31    IC 36-1-10-18
IC 10-7-1-20    IC 36-7-14-37
IC 10-7-2-32    IC 36-7-15.1-25
IC 10-7-5-12    IC 36-7-18-25
IC 10-7-6-21    IC 36-9-4-52
IC 10-7-12-9    IC 36-9-11-10
IC 14-33-20-27    IC 36-9-11.1-11
IC 15-1.5-6-4    IC 36-9-13-36
IC 16-22-6-34            IC 36-9-13-37
IC 20-12-6-11            IC 36-9-30-31
IC 20-12-7-5            IC 36-10-8-18
IC 20-12-8-5            IC 36-10-9-18
SOURCE: IC 6-1.1-40-1; (03)IN1699.1.3. -->     SECTION 3. IC 6-1.1-40-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 1. As used in this chapter, "commission" refers to the Indiana port commission established by IC 8-10-1. IC 8-10-0.5-1.
SOURCE: IC 6-3-2-13; (03)IN1699.1.4. -->     SECTION 4. IC 6-3-2-13 , AS AMENDED BY P.L.90-2002, SECTION 288, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 13. (a) As used in this section, "export income" means the gross receipts from the sale, transfer, or exchange of tangible personal property destined for international markets that is:
        (1) manufactured at a plant located within a maritime opportunity district established under IC 6-1.1-40 ; and
        (2) shipped through a port operated by the state.
    (b) As used in this section, "export sales ratio" means the quotient of:
        (1) the taxpayer's export income; divided by
        (2) the taxpayer's gross receipts from the sale, transfer, or exchange of tangible personal property, regardless of its destination.
    (c) As used in this section, "taxpayer" means a person or corporation that has export income.
    (d) The Indiana port commission established by IC 8-10-1 IC 8-10-0.5-1 shall notify the department when a maritime opportunity district is established under IC 6-1.1-40. The notice must include:
        (1) the resolution passed by the commission to establish the district; and
        (2) a list of all taxpayers located in the district.
    (e) The port commission shall also notify the department of any subsequent changes in the list of taxpayers located in the district.
    (f) A taxpayer is entitled to a deduction from the taxpayer's adjusted gross income in an amount equal to the lesser of:
        (1) the taxpayer's adjusted gross income; or
        (2) the product of the export sales ratio multiplied by the percentage set forth in subsection (g).
    (g) The percentage to be used in determining the amount a taxpayer is entitled to deduct under this section depends upon the number of years that the taxpayer could have taken a deduction under this section. The percentage to be used in subsection (f) is as follows:
        YEAR OF DEDUCTION    PERCENTAGE
            1st through 4th        100%
                5th            80%
                6th            60%
                7th            40%
                8th            20%
                9th and thereafter        0%
    (h) The department shall determine for each taxpayer claiming a deduction under this section, the taxpayer's export sales ratio for purposes of IC 6-1.1-40. The department shall certify the amount of the ratio to the department of local government finance.
SOURCE: IC 8-10-0.3; (03)IN1699.1.5. -->     SECTION 5. IC 8-10-0.3 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]:
     Chapter 0.3. General Provisions; Definitions
    Sec. 1. The exercise by the commission of a power granted by law for an authorized purpose shall be treated as constituting the performance of an essential governmental function of the state. However, the commission is not immune from liability resulting from the exercise of any of these powers.
    Sec. 2. This article, being necessary for the welfare of the state and its inhabitants, shall be liberally construed to effect the authorized purposes of the commission.
    Sec. 3. The definitions in this chapter apply throughout this article.
    Sec. 4. "Authorized purpose" means the following:
        (1) The:
            (A) planning and design;
            (B) construction;
            (C) operation; or
            (D) maintenance;
        of a project.
        (2) An action that is necessary or desirable, as determined by the commission, to carry out a purpose described in subdivision (1).
    Sec. 5. "Bonds" means bonds, notes, or other forms or evidences of obligation issued in temporary or definitive form, including notes issued in anticipation of the issuance of bonds and renewal notes.
    Sec. 6. "Commission" refers to the Indiana port commission established by IC 8-10-0.5-1.
    Sec. 7. "Commission facility" means real property or personal property, or any combination of real and personal property, that:
        (1) is:
            (A) owned, leased, or otherwise controlled; or
            (B) financed;
        by the commission; and
        (2) is related to, useful for, or in furtherance of one (1) or more authorized purposes.
    Sec. 8. "Commissioner" refers to a member of the commission appointed under IC 8-10-0.5-3.
    Sec. 9. "Construction" includes alteration, construction, creation, development, enlargement, improvement, installation, reconstruction, remodeling, and renovation.
    Sec. 10. "Cost", as applied to a commission facility, means any combination of the following:
        (1) The cost of acquisition or construction of the facility and the cost of acquisition of all land, rights-of-way, property rights, easements, franchise rights, and interests required for that acquisition or construction.
        (2) The cost of demolishing or removing any buildings or structures on land acquired under subdivision (1), including the cost of acquiring any lands to which those buildings or structures may be moved.
        (3) The cost of acquiring or constructing and equipping a principal office of the commission.
        (4) The cost of diverting highways, interchange of highways, and access roads to private property, including the cost of land or easements for the access roads.
        (5) The cost of public utility and common carrier relocation or duplication.
        (6) The cost of all machinery, furnishings, and equipment.
        (7) Financing charges.
        (8) Interest before and during construction and for not more than eighteen (18) months after the completion of construction.
        (9) Engineering.
        (10) Expenses of research and development with respect to commission facilities.
        (11) Legal expenses.
        (12) Plans, specifications, surveys, studies, and estimates of cost and revenues.
        (13) Other expenses necessary or incident to determining the feasibility or practicability of acquiring or constructing the facility.
        (14) Administrative expenses.
        (15) Any other expenses necessary or incident to:
            (A) acquiring or constructing the facility;
            (B) financing the acquisition or construction of the facility; or
            (C) financing the placing of the facility into operation;
        including the amount authorized in the resolution of the commission providing for the issuance of bonds to be paid into any special funds from the proceeds of the bonds.
Any obligation, cost, or expense incurred by any governmental agency or person for surveys, borings, the preparation of plans and specifications, and other engineering services, or any other cost described in this section that is incurred in connection with the acquisition or construction of a facility may be regarded as part of the cost of the facility and may be reimbursed out of the proceeds of bonds issued by the commission.
    Sec. 11. As used in this chapter, "person" refers to any of the following:
        (1) An individual.
        (2) A legal entity other than an individual, including a firm, a partnership, a corporation, or a governmental entity.
        (3) Any combination of individuals and legal entities.
    Sec. 12. "Political subdivision" has the meaning set forth in IC 36-1-2-13.
    Sec. 13. (a) "Port", except as provided in subsection (b), includes any place or places on Lake Michigan, the Ohio River, the Wabash River, or another body of water, natural or artificial, in which waterborne vessels capable of carrying articles of commerce over navigable bodies of water may be loaded, unloaded or accommodated.
    (b) For the purposes of IC 8-10-5 , the term has the meaning set forth in IC 8-10-5-1.
    Sec. 14. (a) "Port project", except as provided in subsections (b) and (c), includes any facilities, adjuncts, and appurtenances

necessary to operate a modern port, including the dredging of approaches thereto, and including, among other things, but not limited to, breakwaters, inner harbors, outer harbors, channels, canals, turning basins, docks, wharves, piers, quays, slips, loading, unloading, handling and storage equipment, warehouses, refrigerating plants and equipment, elevators for the handling and storage of grain, coal, and other bulk commodities, terminal buildings or facilities, railroad equipment and trackage, roadways, airplane landing fields, parking lots, garages, automotive equipment, tugs, ferries, maintenance and construction vessels, communication systems, sewers, drains, works for the treatment of sewage, garbage, and wastes, and the furnishing of utility service necessary to serve the property under the jurisdiction or control of the commission, and other buildings and facilities that the commission considers necessary for the operation of the port.
    (b) For purposes of IC 8-10-2 , the term means any property or services described in subsection (a) and any facilities, adjuncts, and appurtenances described in IC 8-10-2-2.
    (c) For purposes of IC 8-10-3 , the term means any property or services described in subsection (a) and any facilities, adjuncts, and appurtenances described in IC 8-10-3-1.
    Sec. 15. "Project" refers to any of the following:
        (1) A port project.
        (2) Any commission facility related to nonmaritime port and traffic exchange points throughout Indiana for the transfer of goods and passengers between any modes of transportation.
        (3) Any other commission facility or project, whether located at a port or elsewhere in Indiana, that:
            (A) is authorized by law; or
            (B) the commission finds will enhance, foster, aid, provide, or promote:
                (i) economic development;
                (ii) private-public partnerships;
                (iii) industrial, commercial, business, transportation, recreational, cultural, or governmental purposes; or
                (iv) other uses, activities, and purposes approved by the commission.

SOURCE: IC 8-10-0.5; (03)IN1699.1.6. -->     SECTION 6. IC 8-10-0.5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]:
     Chapter 0.5. Indiana Port Commission; Organization; Tax Exempt Status
    Sec. 1. There is established a commission to be known as the Indiana port commission.
    Sec. 2. The commission is a body both corporate and politic in the state of Indiana.
    Sec. 3. The commission consists of seven (7) members, appointed by the governor, not more than four (4) of whom may be members of the same political party.
    Sec. 4. The members of the commission shall be residents of Indiana and shall have been qualified electors in Indiana for a period of at least five (5) years next preceding their appointment.
    Sec. 5. Each member of the commission shall be appointed for a term of four (4) years, except that any person appointed to fill a vacancy shall be appointed to serve only for the unexpired term.
    Sec. 6. A member of the commission shall be eligible for reappointment.
    Sec. 7. The governor may at any time remove any member of the commission for misfeasance, nonfeasance, or malfeasance in office.
    Sec. 8. The members of the commission shall, within ten (10) days after their appointment, meet and qualify by subscribing an oath to discharge honestly and faithfully the duties of their office as members of the commission.
    Sec. 9. The commission shall elect one (1) of the members as chairman and another as vice chairman.
    Sec. 10. The commission shall appoint a secretary-treasurer who need not be a member of the commission.
    Sec. 11. Four (4) members of the commission constitute a quorum.
    Sec. 12. The affirmative vote of four (4) members is necessary for any official action taken by the commission.
    Sec. 13. No vacancy in the membership of the commission impairs the rights of a quorum to exercise all the rights and perform all the duties of the commission.
    Sec. 14. (a) Before the issuance of any bonds:
        (1) each appointed member of the commission shall give a surety bond to the state in the penal sum of twenty-five thousand dollars ($25,000); and
        (2) the secretary-treasurer shall give a surety bond to the state in the penal sum of fifty thousand dollars ($50,000).
    (b) Each surety bond must be:
        (1) conditioned upon the faithful performance of the duties of the office;
        (2) executed by a surety company authorized to transact business in Indiana as surety; and
        (3) approved by the governor and filed in the office of the secretary of state.
    Sec. 15. Each appointed member of the commission shall receive an annual salary of seven thousand five hundred dollars ($7,500), payable in monthly installments.
    Sec. 16. Each member shall be reimbursed for the member's actual expenses necessarily incurred in the performance of the member's duties.

    Sec. 17. The commission shall not be required to pay any taxes or assessments upon:
        (1) any project of the commission;
        (2) any property acquired or used by the commission for an authorized purpose; or
        (3) any income from a project or property of the commission accruing to the commission from an exercise of a power related to an authorized purpose.
    Sec. 18. Subject to IC 8-10-1-27 , the exemptions described in section 17 of this chapter do not apply to the ad valorem property taxation of property occupied and used during a taxable year by a person or an entity who is a lessee of the property as of the tax lien date for that taxable year under a written lease with a remaining term longer than one (1) year.

SOURCE: IC 8-10-0.6; (03)IN1699.1.7. -->     SECTION 7. IC 8-10-0.6 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]:
     Chapter 0.6. General Powers
    Sec. 1. The commission is granted all powers necessary, convenient, or appropriate to carry out and effectuate its public and corporate purposes, powers, and duties. The power granted to the commission by this section includes, but is not limited to, the powers described in this chapter.
    Sec. 2. To the extent that this chapter grants powers to the commission that the commission did not have before July 1, 2003, the commission may not exercise a power granted under this chapter in a manner that impairs rights accruing under a:
        (1) bond issued; or
        (2) contract entered into;
before July 1, 2003.
    Sec. 3. If another law requires that a power:
        (1) relating to a port or port project; and
        (2) granted both by this chapter and the other law;
be exercised in a particular manner, the power shall be exercised in conformity with the requirements of the other law.
    Sec. 4. The commission may adopt bylaws, rules under IC 4-22-2 , and policies for the regulation of its affairs and the conduct of its business.
    Sec. 5. The commission may adopt an official seal, which may not be the seal of the state of Indiana.
    Sec. 6. The commission may sue and be sued and plead and be impleaded in its own name. However, actions at law against the commission shall be brought in the circuit court of the county in which the principal office of the commission is located or in the circuit court of the county in which the cause of action arose, if the county is located within the state. All summonses and legal notices of every kind shall be served on the commission by leaving a copy thereof at the principal office of the commission with the person in charge thereof or with the secretary of the commission. However, the action is not considered commenced until a copy of the summons and complaint, cross-complaint, petition, bill, or pleading is served upon the attorney general of Indiana.
    Sec. 7. The commission may maintain one (1) or more offices at a place or places within Indiana as it may designate.
    Sec. 8. The commission may:
        (1) employ or contract for an executive director or a manager, consulting engineers, superintendents, other engineers, construction and accounting experts, attorneys (with the approval of the attorney general), and other employees and agents as may be necessary in its judgment; and
        (2) fix their compensation.
The compensation of an employee of the commission may not exceed the compensation of the highest paid officer or employee of the state.
    Sec. 9. (a) The commission may acquire, hold, use, and dispose of its income, revenues, funds, and money.
    (b) The commission may invest funds not needed for immediate disbursement.
    Sec. 10. The commission may acquire, rent, lease, hold, use, and dispose of property, including easements and rights-of-way, for its authorized purposes. Any determinations made by the commission under this section shall be conclusive. A disposition of property may be made without advertising and the receipt of bids.

     Sec. 11. (a) The commission may acquire by appropriation,

under the provisions of the eminent domain law of the state, any real property, 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 project or port.
    (b) The commission may exercise the powers of eminent domain that are conferred upon the commission by an act of Congress of the United States.
    (c) Title to the condemned property shall be taken in the name of the state of Indiana.
    (d) This section does not authorize the commission to take or disturb property or facilities constituting all or part of a public port operating on June 30, 2003.
    (e) This section does not authorize the commission to take or disturb property or facilities belonging to a public utility or to a common carrier engaged in interstate commerce, which property or facilities are required for the proper and convenient operation of the public utility or common carrier, unless provision is made for the restoration, relocation, or duplication of the property or facilities elsewhere at the sole cost of the commission, except in cases in which the equipment or facilities are located within the limits of existing highways or public thoroughfares.
    Sec. 12. The commission may plan for, construct, maintain, repair, police, and operate a project.
    Sec. 13. The commission may establish rules and policies for the use of a project and other property subject to the jurisdiction and control of the commission.
    Sec. 14. The commission may fix, revise, and collect fees, rentals, tolls, and other charges for the use of a project and other property subject to the jurisdiction and control of the commission. A charge may not be less than the charges established for the same services furnished by a public utility or common carrier in the jurisdiction of the commission.
    Sec. 15. The commission may make and execute contracts and all other instruments necessary or convenient for the performance of its authorized purposes.
    Sec. 16. The commission may procure insurance against any loss in connection with its property and other assets, including loans and loan notes in amounts and from insurers as it may consider advisable.
    Sec. 17. The commission may procure insurance to guarantee, insure, coinsure, and reinsure against political and commercial risk

of loss, and any other insurance the commission considers necessary, including insurance to secure the payment of principal and interest on notes or other obligations of the commission.
    Sec. 18. The commission may promote, advertise, and publicize commission facilities and its authorized purposes.
    Sec. 19. The commission may provide information to persons with an interest in transportation and other commission activities.
    Sec. 20. The commission may appear before ratemaking or legislative authorities to represent and promote the interests of the commission and its authorized purposes.
    Sec. 21. The commission may do any of the following, in regard to any interests in any real or personal property, or any combination of real and personal property, including, without limitation, machinery, equipment, plants, factories, offices, and other structures and facilities related to, useful for, or in furtherance of any authorized purpose, for the consideration and in the manner as the commissioners may determine:
        (1) Loan money to any person for the acquisition, construction, furnishing, and equipping of the property.
        (2) Guarantee the obligations of any person or governmental entity.
        (3) Accept and hold as consideration for the conveyance of property or any interest in the property or interests therein as the commissioners may determine, notwithstanding any restrictions that may otherwise apply to the investment of funds.
    Sec. 22. (a) This section does not apply to either of the following:
        (1) Any contract secured by or to be paid from money raised by taxation or the proceeds of obligations secured by a pledge of money raised by taxation.
        (2) Any contract secured exclusively by or to be paid exclusively from the general revenues of the commission. For the purposes of this section, any revenues derived by the commission under a lease or other agreement that, by its terms, contemplates the use of amounts payable under the agreement either to pay the costs of the improvement that is the subject of the contract or to secure obligations of the commission issued to finance costs of the improvement, are excluded from general revenues and need not be deposited into the general fund.
    (b) Notwithstanding any other law, including any requirement for:


        (1) notice;
        (2) competitive bidding or selection; or
        (3) the provision of security;
any purchase, exchange, sale, lease, lease with an option to purchase, conveyance of other interests in, or other contract with a person or governmental entity that pertains to the acquisition, construction, maintenance, repair, furnishing, equipping, or operation of any real or personal property, or any combination thereof, related to, useful for, or in furtherance of or in connection with an authorized purpose is to be made in the manner and subject to the terms and conditions determined by the commissioners' discretion.

SOURCE: IC 8-10-0.7; (03)IN1699.1.8. -->     SECTION 8. IC 8-10-0.7 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]:
     Chapter 0.7. Indiana Port Commission; General Duties
    Sec. 1. (a) The commission shall:
        (1) adopt:
            (A) rules under IC 4-22-2 ; or
            (B) a policy;
        establishing a code of ethics for its employees; or
        (2) decide it wishes to be under the jurisdiction and rules adopted by the state ethics commission.
    (b) A code of ethics adopted by rule or policy under this section must be consistent with state law and approved by the governor.
    Sec. 2. (a) The commission shall cause an audit of its books and accounts to be made at least once each year by certified public accountants, and the cost of the audit may be treated as a part of the cost of construction or of operations of the projects of the commission according to an apportionment formula established by the commission.
    (b) The accounts, books, and records of the commission shall be audited annually by the state board of accounts, and the cost of the audit may be treated as a part of the cost of construction or of operations of the projects of the commission according to an apportionment formula established by the commission.
    Sec. 3. All final actions of the commission shall be journalized, and the journal shall be open to the inspection of the public at all reasonable times.
    Sec. 4. Unless the commission publicly declares an emergency, it 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 total cost of the separate contracts is more than twenty-five thousand dollars ($25,000).
    Sec. 5. (a) Unless the commission publicly declares an emergency, when the cost of any contract for construction, or for the purchase of equipment, materials, or supplies, involves an expenditure of more than twenty-five thousand dollars ($25,000), the commission shall make a written contract with the lowest and best bidder after advertisement for not less than two (2) consecutive weeks in a newspaper of general circulation in Marion County, Indiana, and in other publications as the commission determines.
    (b) The notice shall state the general character of the work and the general character of the materials to be furnished, the place where plans and specifications therefor may be examined, and the time and place of receiving bids.
    (c) Each bid shall contain the full name of each person or company interested in it and shall be accompanied by a sufficient bond or certified check on a solvent bank that if the bid is accepted a contract will be entered into and the performance of its proposal secured.
    (d) The commission may reject any and all bids.
    (e) A bond with good and sufficient surety, as shall be approved by the commission, shall be required of all contractors in an amount equal to at least fifty percent (50%) of the contract price conditioned upon the faithful performance of the contract.

    Sec. 6. The commission shall foster and encourage public-private partnerships and the participation of private enterprise in the development of commission facilities and in engaging in authorized purposes to the fullest extent it considers practicable in the interest of limiting the necessity of construction and operation of those facilities by the commission.

SOURCE: IC 8-10-0.8; (03)IN1699.1.9. -->     SECTION 9. IC 8-10-0.8 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]:
     Chapter 0.8. General Bonding Powers; Tax Exemption
    Sec. 1. This chapter applies to the financing of a project of the commission.
    Sec. 2. To the extent that this chapter grants powers to the commission that the commission did not have before July 1, 2003, the commission may not exercise a power granted under this

chapter in a manner that impairs rights accruing under a bond issued or contract entered into before July 1, 2003.
    Sec. 3. If another law requires that a power:
        (1) relating to a port or port project; and
        (2) granted both by this chapter and the other law;
be exercised in a particular manner, the power shall be exercised in conformity with the requirements of the other law.
    Sec. 4. The commission may enter into loans in anticipation of receiving any revenues due to the commission or proceeds from a bond issued by the commission.
    Sec. 5. The commission may issue bonds or notes for the acquisition, construction, furnishing, or equipping of real or personal property, or any combination of real and personal property, related to, useful for, or in furtherance of any authorized purpose. The net indebtedness incurred by the commission may not exceed the total value of all property, land, buildings, equipment, or other facilities owned by the commission.
    Sec. 6. The commission, by resolution of its commissioners, may issue revenue bonds beyond the limit of bonded indebtedness provided by law for the acquisition, construction, furnishing, or equipping of real or personal property, or any combination of real and personal property, related to, useful for, or in furtherance of any authorized purpose, including all costs in connection with or incidental to an authorized purpose.
    Sec. 7. Revenue bonds issued under this chapter are subject to the conditions specified in sections 8 through 12 of this chapter.
    Sec. 8. The revenue bonds shall be secured only by a pledge of and a lien on the revenues of the commission derived from those loan payments, rentals, fees, charges, or other revenues that are designated in the resolution, including, but not limited to, any property to be acquired, constructed, furnished, or equipped with the proceeds of the bond issue, after provision only for the reasonable cost of operating, maintaining, and repairing the property of the commission so designated. The bonds may further be secured by the covenant of the commission to maintain rates or charges that will produce revenues sufficient to meet the costs of operating, maintaining, and repairing property and to meet the interest and principal requirements of the bonds and to establish and maintain reserves for the foregoing purposes or to ensure the same. The commissioners, by resolution, may provide for the periodic issuance of additional revenue bonds, to be secured equally and ratably, without preference, priority, or distinction,

with outstanding revenue bonds, subject to the terms and limitations of any trust agreement described in this section, and of any resolution authorizing bonds then outstanding. The commissioners, by resolution, may designate additional property of the commission, the revenues of which shall be pledged and be subject to a lien for the payment of the debt charges on revenue bonds theretofore authorized by resolution of the commission's commissioners, to the same extent as the revenues described in this section.
    Sec. 9. In the discretion of the commissioners, the revenue bonds of the commission may be secured by a trust agreement between the commission's commissioners on behalf of the commission and a corporate trustee, which may be any trust company or bank having powers of a trust company, within or outside Indiana. The trust agreement may provide for the pledge or assignment of the revenues to be received but may not pledge the general credit of the commission. A trust agreement securing revenue bonds issued to acquire, construct, furnish, or equip real property, plants, factories, offices, and other structures and facilities for authorized purposes consistent with this chapter may mortgage the real or personal property, or a combination thereof, to be acquired, constructed, furnished, or equipped from the proceeds of those revenue bonds as further security for the bonds. The trust agreement or the resolution providing for the issuance of revenue bonds may set forth the rights and remedies of the bondholders and trustee and may contain other provisions for protecting and enforcing the bondholders' rights and remedies that are determined in the discretion of the commission's commissioners to be reasonable and proper. The agreement or resolution may provide for the use, deposit, reinvestment, custody, investment, and disbursement of all money derived from the sale of the bonds to accomplish authorized purposes of the commission.
    Sec. 10. All bonds issued under authority of this chapter, regardless of form or terms and regardless of any other law to the contrary, have all qualities and incidents of negotiable instruments, subject to provisions for registration, and may be issued in coupon, fully registered, or other form, or any combination thereof, as the commission's commissioners determine. Provision may be made for the registration of any coupon bonds as to principal alone or as to both principal and interest, and for the conversion into coupon bonds of any fully registered bonds or bonds registered as to both principal and interest.


    Sec. 11. The revenue bonds must bear interest at the rate or rates, must bear the date or dates, and must mature within forty (40) years following the date of issuance and in the amount, at the time or times, and in the number of installments as may be provided in or under the resolution authorizing their issuance. Any original issue of revenue bonds must mature not later than forty (40) years from its date of issue. The resolution also must provide for the execution of the bonds, which may be by facsimile signatures unless prohibited by the resolution, and the manner of sale of the bonds. The resolution must provide for, or provide for the determination of, any other terms and conditions relative to the issuance, sale, and retirement of the bonds that the commissioners in their discretion determine to be reasonable and proper.
    Sec. 12. Whenever the commission considers it expedient, it may issue renewal notes and refund any bonds, whether the bonds to be refunded have or have not matured. The final maturity of any notes, including any renewal notes, shall be not later than five (5) years from the date of issue of the original issue of notes. The final maturity of any refunding bonds shall be not later than the later of forty (40) years from the date of issue of the original issue of bonds or the date by which it is expected, at the time of issuance of the refunding bonds, that the useful life of all of the property, other than interests in land, refinanced with proceeds of the bonds, will have expired. The refunding bonds shall be sold and the proceeds applied to the purchase, redemption, or payment of the bonds to be refunded and the costs of issuance of the refunding bonds.
    Sec. 13. Bonds of the commission:
        (1) are lawful investments of:
            (A) banks and trust companies with approval of the superintendent of banks;
            (B) savings and loan associations;
            (C) the bond retirement funds or the sinking funds of municipal corporations, boards of education, port authorities, and counties;
            (D) the administrator of workers' compensation;
            (E) the board of trustees of the Indiana state teachers' retirement fund;
            (F) the board of trustees of the public employees' retirement fund; and            
            (G) domestic life insurance companies and domestic insurance companies; and
        (2) shall be acceptable as security for the deposit of public

money as provided in IC 5-13-9-3.4.
    Sec. 14. The:
        (1) bonds issued by the commission;
        (2) interest thereon;
        (3) proceeds received by a holder from the sale of the bonds to the extent of the holder's cost of acquisition or proceeds received upon redemption before maturity or proceeds received at maturity; and
        (4) receipt of the interest and proceeds;
are exempt from taxation in Indiana for all purposes except the financial institutions tax imposed under IC 6-5.5 or a state inheritance tax imposed under IC 6-4.1.

SOURCE: IC 8-10-1-1; (03)IN1699.1.10. -->     SECTION 10. IC 8-10-1-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 1. In order to:
         (1) promote the agricultural, industrial, and commercial development of the state; Indiana; and
         (2) to provide for the general welfare by the construction and operation, in cooperation with the federal government, or otherwise, of a modern port on any combination of:
            (A)
Lake Michigan; and/or
             (B) the Ohio River; and/or
             (C) the Wabash River; or
            (D) another location approved by the governor;
        
with terminal facilities, to accommodate water, rail, truck and air-borne transportation;
the Indiana Port Commission is hereby authorized and empowered to construct, maintain, and operate, in cooperation with the federal government, or otherwise, at such location locations on Lake Michigan, and/or the Ohio River, and/or the Wabash River, or another location, all as shall be approved by the governor, public ports with terminal facilities and traffic exchange points for all forms of transportation, giving particular attention to the benefits which may accrue to the state and its citizens from the St. Lawrence Seaway and other navigable waterways. To accomplish these purposes the commission may issue port revenue bonds of the state payable solely from revenues, to pay the cost of such projects.
SOURCE: IC 8-10-1-2; (03)IN1699.1.11. -->     SECTION 11. IC 8-10-1-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 2. As used in this chapter, the following words and terms shall have the following meanings, unless the context shall indicate another or different meaning or intent:
    (a) The word "commission" shall mean the Indiana Port

Commission created by section 3 of this chapter, or, if said commission shall be abolished, the board, body or commission succeeding to the principal functions thereof, or to whom the powers given by this chapter to the commission shall be given by law.
    (b) The word "port" shall include any place or places on Lake Michigan, the Ohio River, and the Wabash River, natural or artificial in which water-borne vessels capable of carrying articles of commerce over navigable bodies of water may be loaded, unloaded or accommodated.
    (c) The words "port project" shall include any facilities, adjuncts and appurtenances necessary to operate a modern port, including the dredging of approaches thereto, and including, among other things, but not limited to breakwaters, inner harbors, outer harbors, channels, canals, turning basins, docks, wharves, piers, quays, slips, loading, unloading, handling and storage equipment, warehouses, refrigerating plants and equipment, elevators for the handling and storage of grain, coal and other bulk commodities, terminal buildings or facilities, railroad equipment and trackage, roadways, airplane landing fields, parking lots, garages, automotive equipment, tugs, ferries, maintenance and construction vessels, communication systems, sewers, drains, works for the treatment of sewage, garbage and wastes, and the furnishing of utility service necessary to serve the property under the jurisdiction or control of the commission, and other buildings and facilities which the commission may deem necessary for the operation of the port.
    (d) The word "cost" as applied to a port or port project shall embrace the cost of construction, the cost of acquisition of all land, rights-of-way, property, rights, easements and interests, including lands under water and riparian rights acquired by the commission for such construction, the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which such buildings or structures may be moved, the cost of relocating public roads, land or easements therefor, the cost of all machinery and equipment, financing charges, interest prior to and during construction and for not exceeding two (2) years after the estimated date of completion of construction, cost of engineering and legal expenses, plans, specifications, surveys, estimates of cost, traffic and revenues, other expenses necessary or incident to determining the feasibility or practicability of constructing any such project, administrative expense, and such other expenses as may be necessary or incident to the construction of the project, the financing of such construction and the placing of the project in operation.


        (e) (1) The word "owner" shall include all individuals, copartnerships, associations or corporations having any title or interest in any property, rights, easements and other interests authorized to be acquired by this chapter.
        (f) (2) The word "revenues" shall mean all fees, tolls, rentals, gifts, grants, moneys and all other funds coming into the possession or under the control of the commission by virtue of the terms and provisions of this chapter, but shall not include real property or personal property other than money, nor the proceeds from the sale of bonds issued under provisions of this chapter.
    (g) The word "public roads" shall include all public highways, roads, and streets in the state, whether maintained by the state, county, city, township or other political subdivision.
SOURCE: IC 8-10-1-3; (03)IN1699.1.12. -->     SECTION 12. IC 8-10-1-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 3. There is hereby created a commission to be known as the "Indiana port commission" and by that name the commission may sue and be sued, and plead and be impleaded. The commission hereby created is a body both corporate and politic in the state of Indiana, and the exercise by the commission of the powers conferred by this chapter in the construction, operation and maintenance of a port project shall be deemed and held to be essential governmental functions of the state, but the commission shall not however be immune from liability by reason thereof. The commission shall consist of seven (7) members, appointed by the governor, no more than four (4) of whom shall be members of the same political party. The members shall be residents of the state, and shall have been qualified electors therein for a period of at least five (5) years next preceding their appointment. The members of the commission first appointed shall continue in office for terms expiring, in the case of two (2) members, on July 1, 1962, and in the case of three (3) members, on July 1, 1963, July 1, 1964, and July 1, 1965 and the first two (2) members appointed after January 1, 1975, shall continue in office for terms expiring July 1, 1977 for one (1) member and July 1, 1979 for the other member, respectively, and until their respective successors shall be duly appointed and qualified. The term of any member of the commission first appointed shall be designated by the governor. The successor of each such member shall be appointed for a term of four (4) years, except that any person appointed to fill a vacancy shall be appointed to serve only for the unexpired term, and a member of the commission shall be eligible for reappointment. The governor may at any time remove any member of the commission for misfeasance, nonfeasance, or malfeasance in office.

The members of the commission shall, within ten (10) days after their appointment, meet and qualify by subscribing an oath to discharge honestly and faithfully the duties of their office as members of such commission. The commission shall thereafter elect one (1) of the members as chairman and another as vice-chairman, and shall appoint a secretary-treasurer who need not be a member of the commission. Four (4) members of the commission shall constitute a quorum and the affirmative vote of four (4) members shall be necessary for any official action taken by the commission. No vacancy in the membership of the commission shall impair the rights of a quorum to exercise all the rights and perform all the duties of the commission. (a) Before the issuance of any port revenue bonds under the provisions of this chapter, each appointed member of the commission shall give a surety bond to the state in the penal sum of twenty-five thousand dollars ($25,000) and the secretary-treasurer shall give a surety bond to the state in the penal sum of fifty thousand dollars ($50,000) each such surety bond to be conditioned upon the faithful performance of the duties of the office, to be executed by a surety company authorized to transact business in the state as surety and to be approved by the governor and filed in the office of the secretary of state. Each appointed member of the commission shall receive an annual salary of seven thousand, five hundred dollars ($7,500), payable in monthly instalments. However, no members of such commission as appointed hereunder shall receive any salary except a per diem as fixed and approved by the budget director until said commission is able to carry on the full operations as intended by this chapter, and the budget director, subject to the approval of the governor of the state of Indiana, shall determine when said salaries for said commission members shall commence. The governor shall, however, appoint said members as herein provided within a period of sixty (60) days following the effective date of this chapter. Each member shall be reimbursed for his actual expenses necessarily incurred in the performance of his duties.
     (b) All expenses incurred in carrying out the provisions of this chapter shall be payable solely from funds provided under the authority of this chapter and no liability or obligation shall be incurred by the commission hereunder beyond the extent to which moneys shall have been provided under the authority of this chapter.

SOURCE: IC 8-10-1-7; (03)IN1699.1.13. -->     SECTION 13. IC 8-10-1-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 7. The commission is authorized and empowered:
        (1) to adopt bylaws for the regulation of its affairs and the conduct of its business;
        (2) to adopt an official seal which shall not be the seal of the state of Indiana;
        (3) to maintain a principal office and sub-offices at such place or places within the state as it may designate;
        (4) to sue and be sued, and to plead and be impleaded in its own name. However, actions at law against the commission shall be brought in the circuit court of the county in which the principal office of the commission is located or in the circuit court of the county in which the cause of action arose, if the county is located within the state. All summonses and legal notices of every kind shall be served on the commission by leaving a copy thereof at the principal office of the commission with the person in charge thereof or with the secretary of the commission. However, no such action shall be deemed commenced until a copy of the summons and complaint, cross complaint, petition, bill, or pleading is served upon the attorney general of Indiana;
        (5) (1) to acquire, lease, construct, maintain, repair, police, and operate a port or port project as provided in this chapter, and to establish rules and regulations for the use of such port or port project, and other property subject to the jurisdiction and control of the commission;
        (6) (2) to issue port revenue bonds of the state, payable solely from revenues, as herein provided, for the purpose of paying all or any part of the cost of a port or port project;
        (7) (3) to acquire, lease, and operate tug boats, locomotives, and any and every kind of motive power and conveyances or appliances necessary or proper to carry passengers, goods, wares, merchandise, or articles of commerce in, on, or around the port or port project;
        (8) to fix and revise from time to time and to collect fees, rentals, tolls, and other charges for the use of any port or port project;
        (9) to acquire, obtain option on, hold, and dispose of real and personal property in the exercise of its powers and the performance of its duties under this chapter;
        (10) (4) to designate the location and establish, limit, and control points of ingress to and egress from the port property;
        (11) (5) to lease to others for development or operation such portions of any port or port project, on such terms and conditions as the commission shall deem advisable; and
        (12) to make and enter into all contracts, undertakings, and agreements necessary or incidental to the performance of its duties and the execution of its powers under this chapter. When

the cost of any such contract for construction, or for the purchase of equipment, materials, or supplies, involves an expenditure of more than twenty-five thousand dollars ($25,000), the commission shall make a written contract with the lowest and best bidder after advertisement for not less than two (2) consecutive weeks in a newspaper of general circulation in Marion County, Indiana, and in such other publications as the commission shall determine. The notice shall state the general character of the work and the general character of the materials to be furnished, the place where plans and specifications therefor may be examined, and the time and place of receiving bids. Each bid shall contain the full name of every person or company interested in it and shall be accompanied by a sufficient bond or certified check on a solvent bank that if the bid is accepted a contract will be entered into and the performance of its proposal secured. The commission may reject any and all bids. A bond with good and sufficient surety as shall be approved by the commission, shall be required of all contractors in an amount equal to at least fifty percent (50%) of the contract price conditioned upon the faithful performance of the contract;
        (13) to employ an executive director or manager, consulting engineers, superintendents, and such other engineers, construction and accounting experts, attorneys, and other employees and agents as may be necessary in its judgment, and to fix their compensation, but no compensation of any employee of the commission shall exceed the compensation of the highest paid officer or employee of the state. However, the employment of an attorney shall be subject to such approval of the attorney general as may be required by law;
        (14) (6) to receive and accept from any federal agency grants for or in aid of the construction of any port or port project, and to receive and accept aid or contributions from any source of either money, property, labor, or other things of value, to be held, used, and applied only for the purposes for which such grants and contributions may be made.
        (15) to provide coverage for its employees under the provisions of IC 22-3-2 through IC 22-3-6, and IC 22-4;
        (16) to do all acts and things necessary or proper to carry out the powers expressly granted in this chapter; and
        (17) to hold, use, administer, and expend such sum or sums as may herein or hereafter be appropriated or transferred to the commission.


SOURCE: IC 8-10-1-9; (03)IN1699.1.14. -->     SECTION 14. IC 8-10-1-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 9. (a) The commission shall have power to adopt such by-laws, rules and regulations as it may deem advisable for the control and regulation of any port or port project or traffic on any port or port 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 commission 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 commission 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 commission commits a Class C infraction.
SOURCE: IC 8-10-1-17; (03)IN1699.1.15. -->     SECTION 15. IC 8-10-1-17 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 17. The commission shall be authorized to fix, review, revise, charge and collect fees, tolls, rentals and other charges for the use of the port, port project, terminal facilities and lands under the jurisdiction or control of the commission or services rendered by the commission, and the aggregate thereof shall provide revenues at least sufficient to pay the cost of operation, maintenance and repair of the port and terminal facilities, including the administration expenses of the commission, 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 such port shall be paid into the state general fund.
SOURCE: IC 8-10-1-27; (03)IN1699.1.16. -->     SECTION 16. IC 8-10-1-27 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 27. (a) The exercise of the powers granted by this chapter 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 project by the commission will constitute the performance of essential governmental functions. The commission shall not be required to pay any taxes or assessments upon any port project or any property acquired or used by the commission under the provisions of this chapter or upon the income therefrom. The bonds issued by the commission, 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 or a state inheritance tax imposed under IC 6-4.1.
    (c) (b) 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 commission is exempt from property taxation.

SOURCE: IC 8-10-4.5; (03)IN1699.1.17. -->     SECTION 17. IC 8-10-4.5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]:
     Chapter 4.5. Political Subdivisions; Conveyances; Contracts
    Sec. 1. 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 authorized and empowered to lease, lend, grant, exchange, or convey property to the commission at its request.
    Sec. 2. A lease, loan, grant, or conveyance under section 1 of this chapter may be upon the terms and conditions that the proper authorities of the counties, cities, towns, townships, other political subdivisions or public agencies and commissions of the state consider reasonable and fair.
    Sec. 3. A lease, loan, grant, or conveyance under section 1 of this chapter may be accomplished 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 property owned by any such municipality or governmental subdivision that may be necessary or convenient to carry out the authorized purposes of the commission.
    Sec. 4. The commission may enter into an agreement with one (1) or more contracting political subdivisions under which:
        (1) the commission is authorized or obligated to:
            (A) exercise any power;
            (B) perform any function; or
            (C) render any service;
        on behalf of the contracting political subdivision that the contracting political subdivision is authorized to exercise, perform, or render; or
        (2) any contracting political subdivision is authorized or obligated to:
            (A) exercise any power;
            (B) perform any function; or
            (C) render any service;
        on behalf of the commission that the commission is authorized to exercise, perform, or render.
    Sec. 5. Upon the execution of an agreement under section 4 of this chapter, and within the limitations prescribed by the agreement:
        (1) the commission:
            (A) may exercise the same powers, perform the same functions, and render the same services as the contracting political subdivision is authorized to exercise, perform, or render; and
            (B) has all powers necessary or incidental to exercising those powers, performing those functions, or rendering those services in the same manner as the contracting political subdivision may exercise, perform, or render them directly; and
        (2) the contracting political subdivision:
            (A) may exercise the same powers, perform the same functions, and render the same services as the commission is authorized to exercise, perform, or render; and
            (B) has all powers necessary or incidental to exercising those powers, performing those functions, or rendering those services in the same manner as the commission may exercise, perform, or render them directly.
    Sec. 6. The exercise of powers, the performance of functions, or the rendering of services under section 5 of this chapter by the commission is governed by any procedures applicable to the contracting political subdivision on behalf of which the powers are exercised, the functions are performed, or the services are rendered. The exercise of powers, the performance of functions, or the rendering of services under section 5 of this chapter by any

contracting political subdivision is governed by any procedures applicable to the commission on behalf of which the powers are exercised, the functions are performed, or the services are rendered.
    Sec. 7. An agreement under section 4 of this chapter authorizing the commission to exercise powers, perform functions, or render services of a contracting political subdivision does not alter the authority of the contracting political subdivision to exercise those powers, perform those functions, or render those services. An agreement under section 4 of this chapter authorizing a contracting political subdivision to exercise powers, perform functions, or render services of the commission does not alter the authority of the commission to exercise those powers, perform those functions, or render those services.
    Sec. 8. A contracting entity or political subdivision that does not possess the power to:
        (1) levy or exempt taxes; or
        (2) exercise eminent domain;
before entering into an agreement under section 4 of this chapter does not acquire either of those powers by virtue of entering into an agreement under section 4 of this chapter.

SOURCE: IC 8-10-4.7; (03)IN1699.1.18. -->     SECTION 18. IC 8-10-4.7 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]:
     Chapter 4.7. Penalties
    Sec. 1. A person who violates a rule of the commission commits a Class C infraction.
    Sec. 2. (a) This section does not apply to contracts for purchases of property, real or personal, between the commission and other departments, municipalities, or subdivisions of state government.
    (b) A member, an agent, or an employee of the commission who knowingly is interested in any contract with the commission, or in the sale of any property, either real or personal, to the commission, commits a Class A misdemeanor.
    (c) All contracts described in subsection (b) are void.
    Sec. 3. A commission member who knowingly violates IC 8-10-0.7-4 commits a Class D felony.
    Sec. 4. A person who accepts a contract with the commission knowing that IC 8-10-0.7-4 was violated in connection with the contract commits a Class D felony and may not be a party to or benefit from any contract with a public body in Indiana for two (2) years from the date of the person's conviction.

SOURCE: IC 8-10-1-7.1; IC 8-10-1-11; IC 8-10-1-22; IC 8-10-1-23; IC 8-10-1-24; IC 8-10-1-26; IC 8-10-1-29.
; (03)IN1699.1.19. -->     SECTION 19. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2003]: IC 8-10-1-7.1 ; IC 8-10-1-11 ; IC 8-10-1-22 ; IC 8-10-1-23 ; IC 8-10-1-24 ; IC 8-10-1-26 ; IC 8-10-1-29.
SOURCE: ; (03)IN1699.1.20. -->     SECTION 20. [EFFECTIVE JULY 1, 2003] (a) Any member of the Indiana port commission that:
        (1) is serving as a member on June 30, 2003; and
        (2) would have an unexpired term to serve on the commission if IC 8-10-1-3 had not been amended by this act;
continues to be a member of the commission to the same extent as if IC 8-10-1-3 had not been amended. However, the member is subject to removal by the governor under IC 8-10-0.5-7 , as added by this act.
    (b) The reorganization of the general powers of the Indiana port commission in IC 8-10-0.6 and the general duties of the Indiana port commission in IC 8-10-0.7 shall be literally construed to continue the powers and duties that the commission had before July 1, 2003.
    (c) Any rule, obligation, or other action taken by the Indiana port commission before July 1, 2003, shall be treated as a rule, obligation, or other action of the Indiana port commission after June 30, 2003, to the same extent as if this act had not been enacted.