HB 1341-1_ Filed 01/28/2008, 07:30 Stemler
Text Box
PREVAILED Roll Call No. _______
FAILED Ayes _______
WITHDRAWN Noes _______
RULED OUT OF ORDER
[
HOUSE MOTION ____
]
MR. SPEAKER:
I move that House Bill 1341 be amended to read as follows:
SOURCE: Page 1, line 1; (08)MO134102.1. -->
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
SOURCE: IC 4-4-10.9-22; (08)MO134102.1. -->
"SECTION 1. IC 4-4-10.9-22 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 22. "Person" means any
individual partnership, firm, association, joint venture, limited liability
company, or corporation or entity.".
SOURCE: Page 8, line 1; (08)MO134102.8. -->
Page 8, line 1, strike "IC 8-10-1," and insert " IC 8-10-1-3,".
Page 15, line 38, strike "IC 8-10-1." and insert " IC 8-10-1-3.".
Page 15, line 42, after "the" insert " ports of".
Page 15, line 42, reset in roman "Indiana".
Page 15, line 42, strike "commission".
Page 16, between lines 1 and 2, begin a new paragraph and insert:
SOURCE: IC 6-3-2-13; (08)MO134102.8. -->
"SECTION 8. IC 6-3-2-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: 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 ports of Indiana port commission established by IC 8-10-1
IC 8-10-1-3 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 ports of Indiana 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 8-10-1-1; (08)MO134102.9. -->
SECTION 9. IC 8-10-1-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: 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
Port
Commission 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
to issue revenue bonds of the state payable solely from revenues to pay
the cost of such projects. The commission's 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.
SOURCE: IC 8-10-1-2; (08)MO134102.10. -->
SECTION 10. IC 8-10-1-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: 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 section 3(b) 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 combination of:
(1) any place or places on Lake Michigan, the Ohio River, the
Wabash River, or other water bodies, 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; and
(2) nonmaritime port and traffic exchange points throughout
Indiana for the transfer of goods and passengers between all
modes of transportation.
(c) The word "project" shall include:
(1) any facilities, adjuncts, and appurtenances necessary or useful
to operate a modern port, whether or not permanently situated at
the port, including:
(A) the dredging of approaches to a port; and
(B) 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, ports of Indiana and other
buildings and facilities which the commission ports of
Indiana may deem necessary for the operation of the port; and
(2) any other project located in Indiana, other than at a port, that
the commission ports of Indiana finds will enhance, foster, aid,
provide, or promote economic development, public-private
partnerships, and other industrial, commercial, business, and
transportation purposes.
(d) The word "cost" as applied to a port or project means:
(1) the cost of construction;
(2) 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 ports of Indiana for
construction;
(3) the cost of demolishing or removing any buildings or
structures on land so acquired, including the cost of acquiring any
lands to which buildings or structures may be moved;
(4) the cost of relocating public roads;
(5) the cost of land or easements for roads;
(6) the cost of all machinery and equipment;
(7) financing charges;
(8) interest prior to and during construction and for not exceeding
two (2) years after the estimated date of completion of
construction;
(9) the cost of engineering and legal expenses, plans,
specifications, surveys, and estimates of cost, traffic and
revenues;
(10) other expenses necessary or incident to determining the
feasibility or practicability of constructing any such project;
(11) administrative expense;
(12) other expenses as may be necessary or incident to the
acquisition or construction of the project, the financing of the
acquisition or construction, and the placing of the project in
operation, including the amount authorized in the resolution of the
port commission providing for the issuance of port commission
revenue bonds to be paid into any special funds from the proceeds
of the bonds; and
(13) 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
project may be regarded as part of the cost of the project and may
be reimbursed out of the proceeds of port commission revenue
bonds as authorized by this chapter.
(e) 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) 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 ports of Indiana by virtue of the terms
and provisions of this article, 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.
(h) "Ports of Indiana" means the ports of Indiana created by
section 3(a) of this chapter.
SOURCE: IC 8-10-1-3; (08)MO134102.11. -->
SECTION 11. IC 8-10-1-3, AS AMENDED BY P.L.235-2005,
SECTION 109, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 3. (a)
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 The ports of Indiana is created
is
as a body both corporate and politic in the state of Indiana, and the
exercise
by the commission of the powers conferred by this article in
the construction, operation, and maintenance of a port or 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.
(b) The
commission ports of Indiana shall
consist be governed by
a commission consisting 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 until a successor is duly appointed and qualified, 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 the 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 A vacancy in the membership of
the commission shall does not impair the rights of a quorum to
exercise all the rights and perform all the duties of the commission.
(c) Before the issuance of any revenue bonds under the provisions
of this article:
(1) each appointed member of the commission;
(2) the secretary-treasurer; and
(3) any other employee or agent of the commission ports of
Indiana authorized by resolution of the commission to handle
funds or sign checks;
shall give a surety bond to the state in the penal sum of fifty thousand
dollars ($50,000). Each such surety bond must be conditioned upon the
faithful performance of the individual's duties, 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.
(d) 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.
(e) Each member shall be reimbursed for the member's actual
expenses necessarily incurred in the performance of the member's
duties.
(f) All expenses incurred in carrying out the provisions of this
article shall be payable solely from funds provided under the authority
of this article and no liability or obligation shall be incurred by the
commission ports of Indiana hereunder beyond the extent to which
moneys shall have been provided under the authority of this article.
(g) The commission:
(1) is responsible for implementing the powers and duties of
the ports of Indiana under this article; and
(2) may adopt bylaws for the regulation of the affairs of the
commission and the conduct of the business of the ports of
Indiana.
The commission may delegate to staff, including the chief
executive, such administrative functions as the commission deems
necessary or desirable to accomplish the purposes of the ports of
Indiana under this article. The chief executive may delegate the
chief executive's authority to the appropriate staff.
SOURCE: IC 8-10-1-4; (08)MO134102.12. -->
SECTION 12. IC 8-10-1-4, AS AMENDED BY P.L.232-2005,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 4. Revenue bonds issued under the provisions of
this article:
(1) do not constitute a debt of the commission, ports of Indiana,
the state, or any political subdivision of the state, or a pledge of
the faith and credit of the commission, 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 commission, 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
commission ports of Indiana to incur indebtedness or liability on
behalf of or payable by the state or any political subdivision of the
state.
SOURCE: IC 8-10-1-4.5; (08)MO134102.13. -->
SECTION 13. IC 8-10-1-4.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 4.5. Except as
specifically authorized by the general assembly, the commission 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.
SOURCE: IC 8-10-1-5; (08)MO134102.14. -->
SECTION 14. IC 8-10-1-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 5. (a) The
ports of
Indiana
port commission 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 commission, 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.
SOURCE: IC 8-10-1-7; (08)MO134102.15. -->
SECTION 15. IC 8-10-1-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 7. The
commission
ports of Indiana is authorized and empowered to do the following:
(1) To adopt bylaws for the regulation of its affairs and the
conduct of its business.
(2) (1) To adopt an official seal which shall not be the seal of the
state of Indiana.
(3) (2) To maintain a principal office and sub-offices at such
place or places within the state as it may designate.
(4) (3) To sue and be sued, and to plead and be impleaded in
its
own the name
of the ports of Indiana. However, actions at law
against the
commission ports of Indiana shall be brought in the
circuit court of the county in which the principal office of the
commission ports of Indiana 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 ports of Indiana by
leaving a copy thereof at the principal office of the
commission
ports of Indiana with the person in charge thereof or with the
secretary of the
commission. ports of Indiana. 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) (4) To acquire, lease, construct, maintain, repair, police, and
operate a port or project as provided in this chapter, and to
establish rules and regulations for the use of the port or project,
and other property subject to the jurisdiction and control of the
commission. ports of Indiana.
(6) (5) To issue both taxable and tax exempt 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 project.
(7) (6) 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
project.
(8) (7) To fix and revise from time to time and to collect fees,
rentals, tolls, and other charges for the use of any port or project.
(9) (8) 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) (9) To designate the location and establish, limit, and control
points of ingress to and egress from a port or project.
(11) (10) To lease to others for development or operation such
portions of any port or project, on such terms and conditions as
the
commission ports of Indiana shall deem advisable.
(12) (11) 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 ports of Indiana 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 the county where the construction will occur and in such other
publications as the
commission ports of Indiana 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 ports
of Indiana may reject any and all bids. A bond with good and
sufficient surety as shall be approved by the
commission, ports
of Indiana 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) (12) To construct, assemble, or otherwise build, own, lease,
operate, manage, or otherwise control any project throughout
Indiana for the purpose of promoting economic growth and
development throughout Indiana, retaining existing employment
within Indiana, and attracting new employment opportunities
within Indiana.
(14) (13) To employ an executive director or manager a chief
executive, 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 and title, but no compensation of
any employee of the commission ports of Indiana shall exceed
the compensation of the highest paid officer or employee of the
state.
(15) (14) To receive and accept from any federal agency grants
for or in aid of the construction of any port or 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.
(16) (15) To provide coverage for its employees under the
provisions of IC 22-3-2 through IC 22-3-6, and IC 22-4.
(17) (16) To do all acts and things necessary or proper to carry out
the powers expressly granted in this article.
(18) (17) To hold, use, administer, and expend such sum or sums
as may herein or hereafter be appropriated or transferred to the
commission. ports of Indiana.
SOURCE: IC 8-10-1-7.1; (08)MO134102.16. -->
SECTION 16. IC 8-10-1-7.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 7.1. (a) The
commission ports of Indiana 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.
SOURCE: IC 8-10-1-7.5; (08)MO134102.17. -->
SECTION 17. IC 8-10-1-7.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: 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
commission 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 commission
ports of Indiana may limit or halt public fishing in that area.
SOURCE: IC 8-10-1-8; (08)MO134102.18. -->
SECTION 18. IC 8-10-1-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 8. If the
commission
ports of Indiana shall find it necessary to change the location of any
portion of any public road, highway, railroad, or public utility facility,
it the ports of Indiana shall cause the same to be reconstructed at such
location as the division of government having jurisdiction over such
road, highway, railroad or public utility facility shall deem most
favorable and of substantially the same type and in as good condition
as the original road, highway, or railroad or public utility facility. The
cost of such reconstruction, relocation, or removal and any damage
incurred in changing the location of any such road, highway, railroad,
or public utility facility, shall be ascertained and paid by the
commission ports of Indiana as a part of the cost of the port or project.
The
commission ports of Indiana shall have authority to petition the
circuit court of the county wherein is situated any public road or part
thereof, affected by the location therein of any port or project, for the
vacation or relocation of such road or any part thereof with the same
force and effect as statutes in effect on March 2, 1961, to the
inhabitants of any municipality or governmental subdivision of the
state. The proceedings upon such petition, whether it be for the
appointment of appraisers or otherwise, shall be the same as provided
by statutes in effect on March 2, 1961, for similar proceedings upon
such petitions. In addition to the foregoing powers, the
commission
ports of Indiana and
its the authorized agents and employees
of the
ports of Indiana after proper notice, may enter upon any lands, waters,
and premises in the state for the purpose of making surveys, soundings,
drillings, and examinations as are necessary or proper for the purposes
of this article, and such entry shall not be deemed a trespass, nor shall
an entry for such purpose be deemed an entry under any condemnation
proceedings which may be then pending; provided, that before entering
upon the premises of any railroad, notice shall be given to the
superintendent of such railroad involved at least five (5) days in
advance of such entry, and provided, that no survey, sounding, drilling,
and examination shall be made between the rails, or so close to a
railroad track, as would render said track unusable. The
commission
ports of Indiana shall make reimbursement for any actual damage
resulting to such lands, waters, and premises and to private property
located in, on, along, over, or under such lands, waters and premises,
as a result of such activities. The state of Indiana, subject to the
approval of the governor, hereby consents to the use of lands owned by
it, the state of Indiana, including lands lying under water and riparian
rights, which are necessary or proper for the construction or operation
of any port or project, provided adequate compensation is made for
such use. The commission ports of Indiana shall also have power to
make reasonable regulations for the installation, construction,
maintenance, repair, renewal, relocation, and removal of tracks, pipes,
mains, conduits, cables, wires, towers, poles, and other equipment and
appliances (referred to in this section as "public utility facilities") of
any public utility in, on, along, over, or under any port or project.
Whenever the commission ports of Indiana shall determine that it is
necessary that any such public utility facilities which are, on or after
March 2, 1961, located in, on, along, over, or under any port or project
should be relocated or should be removed from the port or project, the
public utility owning or operating such facilities shall relocate or
remove the same in accordance with the order of the commission.
ports of Indiana. However, the cost and expenses of such relocation
or removal, including the cost of installing such facilities in a new
location or new locations, and the cost of any lands, or any rights or
interests in lands, and any other rights, acquired to accomplish such
relocation or removal, shall be ascertained and paid by the commission
ports of Indiana as a part of the cost of the port or project, excepting,
however, cases in which such equipment or facilities are located within
the limits of highways or public thoroughfares being constructed,
reconstructed, or improved under the provisions of this chapter. In case
of any such relocation or removal of facilities, the public utility owning
or operating the same, its successors or assigns, may maintain and
operate such facilities, with the necessary appurtenances, in the new
location or new locations, for as long a period, and upon the same
terms and conditions, as it the public utility had the right to maintain
and operate such facilities in their former location or locations subject,
however, to the state's right of regulation under its police powers.
SOURCE: IC 8-10-1-9; (08)MO134102.19. -->
SECTION 19. IC 8-10-1-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 9. (a) The commission
ports of Indiana shall have power to adopt such by-laws, rules and
regulations as it 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
commission 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 commission 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 commission
ports of Indiana commits a Class C infraction.
SOURCE: IC 8-10-1-10; (08)MO134102.20. -->
SECTION 20. IC 8-10-1-10, AS AMENDED BY P.L.232-2005,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 10. (a) The
commission ports of Indiana is
hereby authorized and empowered to acquire by purchase whenever
it
the ports of Indiana shall deem such purchase expedient, any land,
property, rights, rights of way, franchises, easements, and other
interests in lands, including lands under water and riparian rights, as
it
the ports of Indiana may deem necessary or convenient for the
construction and operation of any port or project, upon such terms and
at such price as may be considered by
it the ports of Indiana to be
reasonable and can be agreed upon between the
commission ports of
Indiana and the owner thereof, and to take title thereto in the name of
the state.
(b) The
commission ports of Indiana is hereby further authorized
and empowered to sell, transfer, and convey any such land or any
interest therein so acquired, or any portion thereof, when the same shall
no longer be needed for such purposes. The
commission ports of
Indiana is further authorized and empowered to transfer and convey
any such lands or interest therein as may be necessary or convenient for
the construction and operation of any port or project, or as otherwise
required under the provisions of this article. However, no such sale
shall be made without first obtaining the approval of the governor, and
a sale may not be made at less than the appraised value established by
three (3) independent appraisers appointed by the governor. The
commission ports of Indiana shall be authorized to restrict the use of
any land so sold by
it the ports of Indiana and provide for a reversion
to the
commission ports of Indiana in the event the land shall not be
used for the purpose represented by the purchaser, and such restrictions
and reversions shall be set out in appropriate covenants in the deeds of
conveyance, which deeds shall be subject to the approval of the
governor.
(c) The
commission ports of Indiana shall also be authorized to
lease, or grant options to lease, to others for development any portion
of the land owned by the
commission, ports of Indiana, on such terms
as the
commission ports of Indiana shall determine to be
advantageous. All such leases or options to lease which leases cover a
period of more than four (4) years shall be subject to the approval of
the governor. Leases of lands under the jurisdiction or control of the
commission ports of Indiana shall be made only for such uses and
purposes as are calculated to contribute to the growth and development
of ports, terminal facilities, and projects under the jurisdiction or
control of the
commission. ports of Indiana. In the event the
commission ports of Indiana shall lease to others a building or
structure financed by the issuance of revenue bonds under IC 8-10-4,
the transaction must be structured as a self-liquidating or nonrecourse
project (as defined in IC 8-10-4-1).
(d) No tenant, lessee, licensee, owner of real estate located within
a port or project, or other person or entity has any right, claim, title, or
interest in any real estate, personal property, or common property
owned by the commission, ports of Indiana, a port, a project, or the
state, unless a written agreement entered into by the commission ports
of Indiana expressly provides:
(1) the exact nature and extent of the right, claim, title, or interest;
(2) all the conditions under which the right, claim, title, or interest
is granted; and
(3) a legal or complete description of the specific property.
SOURCE: IC 8-10-1-11; (08)MO134102.21. -->
SECTION 21. IC 8-10-1-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 11. The commission
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 commission ports of Indiana shall also be
empowered to exercise such powers of eminent domain as may be
conferred upon the commission 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 commission 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 commission 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 commission ports of Indiana excepting however, cases
in which such equipment or facilities are located within the limits of
existing highways or public thoroughfares.
SOURCE: IC 8-10-1-12; (08)MO134102.22. -->
SECTION 22. IC 8-10-1-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 12. (a) A special and
distinct revolving fund is hereby created, to be known as the Indiana
port fund. Expenditures from said fund shall be made only for the
following:
(1) Acquisition of land, including lands under water and riparian
rights, or options for the purchase of such land for a port or
project site, and incidental expenses incurred in connection with
such acquisition.
(2) Studies in connection with the port or project.
(3) Studies in connection with transportation by water, intermodal
transportation, and other modes of transportation.
(4) Transfers to the fund established by IC 14-13-2-19 to carry out
the purposes of IC 14-13-2.
(5) Administrative expenses of the commission. ports of Indiana.
The fund shall be held in the name of the ports of Indiana, port
commission, shall be administered by the commission, ports of
Indiana, and all expenditures therefrom shall be made by the
commission, ports of Indiana, subject, however, to the approval by
governor and the state budget committee of all expenditures of moneys
advanced to said fund by the state of Indiana. Requests for such
approval shall be made in such form as shall be prescribed by the
budget committee, but expenditures for acquisition of land including
lands under water and riparian rights, or options for the purchase of
such land, shall be specifically requested and approved as to the land
to be acquired and the amount to be expended. No transfers from said
fund to any other fund of the state shall be made except pursuant to
legislative action. All unexpended funds appropriated to the Indiana
board of public harbors and terminals by Acts 1957, c.286, s.6, are
hereby transferred to and made a part of the Indiana port fund created
by this section, and shall be expended for the purpose and in the
manner provided by this chapter, subject only to the restrictions
contained in this chapter and no others. However, not to exceed one
hundred thousand dollars ($100,000) shall be expended for any
purpose other than the acquisition of land, including lands under water
and riparian rights, or options for the purchase of such land for a port
or project site, and incidental expenses incurred in connection with
such acquisition.
(b) Upon the sale of revenue bonds for any port or project, the funds
expended from the Indiana port fund in connection with the
development of such port or project and any obligation or expense
incurred by the commission ports of Indiana for surveys, preparation
of plans and specifications, and other engineering or other services in
connection with development of such port or project shall be
reimbursed to the state general fund from the proceeds of such bonds.
SOURCE: IC 8-10-1-13; (08)MO134102.23. -->
SECTION 23. IC 8-10-1-13, AS AMENDED BY P.L.2-2007,
SECTION 135, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 13. (a) Subject to the approval of
the governor, the
commission ports of Indiana is hereby authorized to
provide by resolution
of the commission, at one (1) time or from time
to time, for the issuance of revenue bonds of the state for the purpose
of paying all or any part of the cost of a port or project under this
chapter or IC 8-10-4. The principal of and the interest on such bonds
shall be payable solely from the revenues specifically pledged to the
payment thereof. The bonds of each issue shall be dated, shall bear
interest at any rate, shall mature at such time or times not exceeding
thirty-five (35) years from the date thereof, as may be determined by
the commission, ports of Indiana, and may be made redeemable
before maturity, at the option of the commission, ports of Indiana, at
such price or prices and under such terms and conditions as may be
fixed by the commission ports of Indiana in the authorizing
resolution.
(b) The commission ports of Indiana shall determine the form of
the bonds, including any interest coupons to be attached thereto, and
shall fix the denomination or denominations of the bonds and the place
or places of payment of principal and interest which may be at any
bank or trust company within or without the state.
(c) The bonds shall be signed in the name of the commission, ports
of Indiana by its the chairman or vice chairman of the commission or
chief executive of the ports of Indiana, or by the facsimile signature
of such the chairman or vice chairman of the commission or chief
executive of the ports of Indiana and the official seal of the
commission, ports of Indiana or facsimile thereof, shall be affixed
thereto and attested by the secretary-treasurer of the commission, and
any coupons attached thereto shall bear the facsimile signature of the
chairman of the commission. In case any officer whose signature or a
facsimile of whose signature shall appear on any bonds or coupons
shall cease to be such officer before the delivery of such bonds, such
signature or such facsimile shall nevertheless be valid and sufficient for
all purposes the same as if the officer had remained in office until such
delivery.
(d) All bonds issued under this article shall have and are hereby
declared to have all the qualities and incidents of negotiable
instruments under the negotiable instruments law of the state of
Indiana.
(e) The bonds may be issued in coupon or in registered form, or
both, as the commission ports of Indiana may determine, and
provision may be made for the registration of any coupon bonds as to
principal alone and also as to both principal and interest, and for the
reconversion into coupon bonds of any bonds registered as to both
principal and interest.
(f) The bonds shall be sold at public sale in accordance with
IC 21-32-3, except as provided in IC 8-10-4.
(g) No action to contest the validity of any bonds issued by the
commission ports of Indiana under this article shall be commenced
more than thirty (30) days following the adoption of the resolution
approving the bonds as provided in this article.
(h) The commission ports of Indiana shall cooperate with and use
the assistance of the Indiana finance authority established under
IC 4-4-11 in the issuance of the bonds under this chapter or IC 8-10-4.
SOURCE: IC 8-10-1-14; (08)MO134102.24. -->
SECTION 24. IC 8-10-1-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 14. The proceeds of the
bonds of each issue shall be used solely for the payment of the cost of
the port or project for which such bonds shall have been issued, and
shall be disbursed in such manner and under such restrictions, if any,
as the commission ports of Indiana may provide in the resolution
authorizing the issuance of such bonds or in the trust agreement
mentioned in this chapter securing the same. If the proceeds of the
bonds of any issue, by error of estimates or otherwise, shall be less than
such cost, additional bonds may in like manner be issued to provide the
amount of such deficit, and, unless otherwise provided in the resolution
authorizing the issuance of such bonds or in the trust agreement
securing the same, shall be deemed to be of the same issue and shall be
entitled to payment from that same fund without preference or priority
of the bonds first issued. If the proceeds of the bonds of any issue shall
exceed the cost of the port or project for which the same shall have
been issued, the surplus shall be deposited to the credit of the sinking
fund for such bonds. Prior to the preparation of definitive bonds, the
commission ports of Indiana may, under like restrictions, issue
interim receipts or temporary bonds, with or without coupons,
exchangeable for definitive bonds when such bonds shall have been
executed and are available for delivery. The commission ports of
Indiana may also provide for the replacement of any bonds which shall
become mutilated or shall be destroyed or lost. Bonds and any other
instruments or the security for the bonds and other instruments that are
authorized by this article may be issued under the provisions of this
article without obtaining the consent of any officer, department,
division, commission, board, bureau, or agency of the state, and
without any other proceedings or the happening of any other conditions
or things than those proceedings, conditions, or things which are
specifically required by this chapter.
SOURCE: IC 8-10-1-15; (08)MO134102.25. -->
SECTION 25. IC 8-10-1-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 15. The commission
ports of Indiana is hereby authorized to provide by resolution for the
issuance of refunding bonds of the state payable solely from revenues
for the purpose of refunding any bonds then outstanding which shall
have been issued under the provisions of section 13 of this chapter or
IC 8-10-4-2, including the payment of any redemption premium
thereon and any interest accrued or to accrue to the date of redemption
of such bonds, and, if deemed advisable by the commission, ports of
Indiana, for the additional purpose of constructing improvements,
extensions, or enlargements of the port or project in connection with
which the bonds to be refunded shall have been issued. The issuance
of such bonds, the maturities and other details thereof, the rights of the
holders thereof and the rights, duties and obligations of the commission
ports of Indiana in respect of the same, shall be governed by the
provisions of this article insofar as the same may be applicable.
SOURCE: IC 8-10-1-16; (08)MO134102.26. -->
SECTION 26. IC 8-10-1-16, AS AMENDED BY P.L.232-2005,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 16. In the discretion of the commission ports of
Indiana any bonds issued under the provisions of this act may be
secured by a trust agreement by and between the commission ports of
Indiana and a corporate trustee, which may be any trust company or
bank having the powers of a trust company within the state, except as
provided in IC 8-10-4. Any resolution adopted by the commission
providing for the issuance of revenue bonds and any trust agreement
pursuant to which such bonds are issued may pledge or assign all or
any portion of the revenues received or to be received by the
commission ports of Indiana except such part as may be necessary to
pay the cost of the commission's ports of Indiana's administrative
expenses, operation, maintenance and repair and to provide reserves
therefor and depreciation reserves required by any bond resolution
adopted or trust agreement executed by the commission, ports of
Indiana, but the commission ports of Indiana shall not convey or
mortgage any port or project or any part thereof, except for self
liquidating or nonrecourse projects under IC 8-10-4. In authorizing the
issuance of bonds for any particular port or project, the commission
ports of Indiana may limit the amount of such bonds that may be
issued as a first lien and charge against the revenues pledged to the
payment of such bonds or the commission ports of Indiana may
authorize the issuance from time to time thereafter of additional bonds
secured by the same lien to provide funds for the completion of the port
or project on account of which the original bonds were issued, or to
provide funds to pay the cost of additional projects undertaken in
connection with the development of the port or project, or for both such
purposes. Such additional bonds shall be issued on such terms and
conditions as may be provided in the bond resolution or resolutions
adopted by the commission and in the trust agreement or any
agreement supplemental thereto and may be secured equally and
ratably without preference, priority, or distinction with the original
issue of bonds or may be made junior thereto. Any pledge or
assignment made by the commission ports of Indiana pursuant hereto
shall be valid and binding from the time that the pledge or assignment
is made and the revenues so pledged and thereafter received by the
commission ports of Indiana shall immediately be subject to the lien
of such pledge or assignment without physical delivery thereof or
further act. The lien of such pledge or assignment shall be valid and
binding against all parties having claims of any kind in tort, contract or
otherwise against the commission ports of Indiana irrespective of
whether such parties have notice thereof. Neither the resolution nor any
trust agreement by which a pledge is created or assignment made need
be filed or recorded except in the records of the commission. ports of
Indiana. Any such trust agreement or any resolution providing for the
issuance of such bonds may contain such provisions for protecting and
enforcing the rights and remedies of the bondholders as may be
reasonable and proper and not in violation of law, including, but not
limited to, covenants setting forth the duties of the commission ports
of Indiana in relation to the acquisition of property and the
construction, improvement, maintenance, repair, operation, and
insurance of the port or project in connection with which such bonds
shall have been authorized, the rates of fees, tolls, rentals, or other
charges, to be collected for the use of the project, and the custody,
safeguarding, and application of all moneys, and provisions for the
employment of consulting engineers in connection with the
construction or operation of such project. It shall be lawful for any bank
or trust company incorporated under the laws of the state which may
act as depository of the proceeds of bonds or other funds of the
commission, ports of Indiana, to furnish such indemnifying bonds or
to pledge such securities as may be required by the commission. ports
of Indiana. Any such trust agreement may set forth the rights and
remedies of the bondholders and of the trustee, and may restrict the
individual right of action by bondholders as is customary in trust
agreements or trust indentures securing bonds or debentures of private
corporations. In addition to the foregoing, any such trust agreement
may contain such other provisions as the commission ports of Indiana
may deem reasonable and proper for the security of the bondholders.
All expenses incurred in carrying out the provisions of any such trust
agreement may be treated as a part of the cost of the operation of the
port or project.
SOURCE: IC 8-10-1-17; (08)MO134102.27. -->
SECTION 27. IC 8-10-1-17 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 17. The
commission
ports of Indiana shall be authorized to fix, review, charge, and collect
fees, tolls, rentals, and other charges for the use of the ports, projects,
terminal facilities, and lands under the jurisdiction or control of the
commission ports of Indiana or services rendered by the
commission,
ports of Indiana, and the aggregate thereof shall provide revenues at
least sufficient to pay the cost of operation, maintenance, and repair of
the port or project and terminal facilities, including the administration
expenses of the
commission, ports of Indiana, and in case revenue
bonds are issued, sufficient to pay the interest on and principal of the
bonds in accordance with their terms, and also sufficient to establish
and maintain reserves created for all such purposes and for
depreciation purposes. The fixing and collection of such fees, tolls,
rentals and other charges and the expenditure of the revenues derived
therefrom shall not be subject to the supervision or regulation by any
other officer, commission, board, bureau, or agency of the state. After
such bonds have been fully paid and discharged and all obligations
under any trust agreement securing the same have been performed or
satisfied, any remaining surplus net revenues and all surplus net
revenues thereafter derived from the operation of the port or project
shall be paid into the state general fund.
SOURCE: IC 8-10-1-18; (08)MO134102.28. -->
SECTION 28. IC 8-10-1-18 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 18. All money received
pursuant to the authority of this chapter, whether as proceeds from the
sale of bonds, from revenues, or otherwise, shall be deemed to be trust
funds to be held and applied solely as provided in this chapter, but
prior to the time when needed for use may be invested to the extent and
in the manner provided by IC 5-13-10.5, insofar as applicable. Such
funds shall be kept in depositories designated as depositories for funds
of the state as selected by the commission, ports of Indiana, in the
manner provided by the governing statutes in so far as applicable. The
resolution of the commission authorizing the issuance of bonds or the
trust agreement securing such bonds shall provide that any officer to
whom, or any bank or trust company to which, such money shall be
entrusted, shall act as trustee of such money and shall hold and apply
the same for the purposes hereof, subject to the provisions of this
chapter and of the authorizing resolution or trust agreement.
SOURCE: IC 8-10-1-19; (08)MO134102.29. -->
SECTION 29. IC 8-10-1-19 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 19. Any holder of
bonds issued under the provisions of this chapter or any of the coupons
appertaining thereto, and the trustee under any trust agreement, except
to the extent the rights given in this chapter may be restricted by the
authorizing resolution or trust agreement, may, either at law or in
equity, by suit, action, mandamus, or other proceedings, protect and
enforce any and all rights under the statutes of the state or granted
under this chapter or under such trust agreement, or the resolution
authorizing the issuance of such bonds, and may enforce and compel
the performance of all duties required by this chapter or by such trust
agreement or resolution to be performed by the commission ports of
Indiana or by any officer thereof, including the fixing, charging, and
collecting of fees, tolls, rentals, or other charges for the use of the port
or project.
SOURCE: IC 8-10-1-20; (08)MO134102.30. -->
SECTION 30. IC 8-10-1-20 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 20. Each port or
project, as defined in section 2 of this chapter, when constructed and
placed in operation shall be maintained and kept in good condition and
repair by the commission. ports of Indiana. Each such project shall
also be policed and operated by such force of police, tolltakers, and
other operating employees as the commission ports of Indiana may in
its discretion employ. All public or private property damaged or
destroyed in carrying out the powers granted by this chapter shall be
restored or repaired and placed in its original condition as nearly as
practicable or adequate compensation made therefor out of funds
provided under the authority of this chapter.
SOURCE: IC 8-10-1-21; (08)MO134102.31. -->
SECTION 31. IC 8-10-1-21 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 21. All counties, cities,
towns, townships, and other political subdivisions and all public
agencies and commissions of the state, notwithstanding any contrary
provision of law, are hereby authorized and empowered to lease, lend,
grant, or convey to the commission ports of Indiana at its request
upon such terms and conditions as the proper authorities of such
counties, cities, towns, townships, other political subdivisions or public
agencies and commissions of the state may deem reasonable and fair
and without the necessity for an advertisement, order of court, or other
action or formality, other than the regular and formal action of the
authorities concerned, any real or personal property owned by any such
municipality or governmental subdivision which may be necessary or
convenient to the effectuation of the authorized purposes of the
commission. ports of Indiana.
SOURCE: IC 8-10-1-22; (08)MO134102.32. -->
SECTION 32. IC 8-10-1-22, AS AMENDED BY P.L.235-2005,
SECTION 111, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 22. (a) The commission ports of
Indiana shall cause an audit of its books and accounts to be made at
least once each year by certified public accountants, and the cost
thereof may be treated as a part of the cost of construction or of
operations of the commission's ports and projects of the ports of
Indiana. The accounts, books, and records of the ports of Indiana port
commission shall be audited annually by the state board of accounts,
and the cost of such audit may be treated as a part of the cost of
construction or of operations of the commission's ports and projects of
the ports of Indiana.
(b) The commission ports of Indiana shall, following the close of
each fiscal year, submit an annual report of its activities for the
preceding year to the governor, the budget committee, and the general
assembly. An annual report submitted under this section to the general
assembly must be in an electronic format under IC 5-14-6. Each report
shall set forth a complete operating and financial statement for the
commission ports of Indiana during the fiscal year it covers.
SOURCE: IC 8-10-1-23; (08)MO134102.33. -->
SECTION 33. IC 8-10-1-23 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 23. A member, agent,
or employee of the commission ports of Indiana who knowingly is
interested in any contract with the commission, ports of Indiana, or in
the sale of any property, either real or personal, to the commission,
ports of Indiana, commits a Class A misdemeanor. All such contracts
are void. This section does not apply to contracts for purchases of
property, real or personal, between the commission ports of Indiana
and other departments, municipalities, or subdivisions of state
government.
SOURCE: IC 8-10-1-25; (08)MO134102.34. -->
SECTION 34. IC 8-10-1-25 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 25. Revenue bonds
issued by the
commission ports of Indiana under the provisions of this
article shall constitute legal investments for any private trust funds, and
the funds of any banks, trust companies, insurance companies, building
and loan associations, credit unions, banks of discount and deposit,
savings banks, loan and trust and safe deposit companies, rural loan
and savings associations, guaranty loan and savings associations,
mortgage guaranty companies, small loan companies, and industrial
loan and investment companies, and any other financial institutions
organized under Indiana statutes. The bonds are also made securities
that may be deposited with and received by all public officers and
bodies of Indiana or any agency or political subdivision of Indiana and
all municipalities and public commissions for any purpose for which
the deposit of bonds or other obligations of Indiana is now or may be
later authorized by law.
SOURCE: IC 8-10-1-26; (08)MO134102.35. -->
SECTION 35. IC 8-10-1-26 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 26. All final actions of
the commission ports of Indiana shall be journalized and said journal
shall be open to the inspection of the public at all reasonable times.
SOURCE: IC 8-10-1-27; (08)MO134102.36. -->
SECTION 36. IC 8-10-1-27 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 27. (a) The exercise of
the powers granted by this article will be in all respects for the benefit
of the people of the state, for the increase of their commerce and
prosperity, and for the improvement of their health and living
conditions.
(b) As the operation and maintenance of a port or project by the
commission ports of Indiana will constitute the performance of
essential governmental functions, the commission ports of Indiana
shall not be required to pay any taxes or assessments upon any port or
project or any property acquired or used by the commission ports of
Indiana under the provisions of this article or upon the income
therefrom. The bonds issued by the commission, ports of Indiana, the
interest thereon, the proceeds received by a holder from the sale of
such bonds to the extent of the holder's cost of acquisition, or proceeds
received upon redemption prior to maturity or proceeds received at
maturity, and the receipt of such interest and proceeds shall be exempt
from taxation in the state of Indiana for all purposes except the
financial institutions tax imposed under IC 6-5.5 or a state inheritance
tax imposed under IC 6-4.1.
(c) Notwithstanding any other statute, a lessee's leasehold estate in
land that is part of a port and that is owned by the state or the
commission ports of Indiana is exempt from property taxation.
However, an exemption under this subsection is not available for land
not located at a port.
SOURCE: IC 8-10-1-29; (08)MO134102.37. -->
SECTION 37. IC 8-10-1-29 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 29. (a) Unless the
commission ports of Indiana publicly declares an emergency,
it the
ports of Indiana may not during any six (6) month period make
separate contracts with another party for similar construction projects
or the purchase of similar equipment, materials, or supplies under
IC 8-10-1-7(5) without advertising for and accepting public bids, if the
aggregate cost of the separate contracts is more than twenty-five
thousand dollars ($25,000).
(b) A commission member or an employee of the ports of Indiana
who knowingly violates subsection (a) commits a Class D felony.
(c) A person who accepts a contract with the commission ports of
Indiana knowing that subsection (a) 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 the state for two (2)
years from the date of the person's conviction.
SOURCE: IC 8-10-1-30; (08)MO134102.38. -->
SECTION 38. IC 8-10-1-30 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 30. The state pledges
and agrees with the holders of any bonds issued under this article that
the state will not limit or alter the rights vested in the commission
ports of Indiana to fulfill the terms of any agreements made with the
holders or in any way impair the rights or remedies of the holders until
the bonds, together with the interest, with interest on any unpaid
installments of interest, and all costs and expenses in connection with
any action or proceeding by or on behalf of the holders, are fully met
and discharged. The commission ports of Indiana is authorized to
include this pledge and agreement of the state in any agreement with
the holders of the bonds.
SOURCE: IC 8-10-2-1; (08)MO134102.39. -->
SECTION 39. IC 8-10-2-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 1.
(a) Except as
otherwise provided by this chapter, the definitions set forth in
IC 8-10-1-2 apply throughout this chapter.
(b) In addition to the powers conferred upon the
ports of Indiana
port commission by other provisions of this article, the
commission,
ports of Indiana, in order to promote the agricultural, industrial, and
commercial development of the state or to provide for the general
welfare, and in order to connect any port under its jurisdiction with any
other waterway or as part of a plan to ultimately connect such port with
any other waterway, shall have the power and is hereby authorized, in
cooperation with the federal government or otherwise, to construct a
new canal or canals or to improve any canal, river, or other waterway,
or both, including but not limited to dredging and all other work
required in the design and construction of shipping channels, canals,
and turning basins in a manner to accommodate water-borne
transportation and the construction of wharves, docks, piers,
warehouses, and other facilities for the unloading of barges and other
boats. In exercising the powers hereby granted, the
commission ports
of Indiana shall have only such powers granted to it by this article in
connection with a port project as may relate to the construction of a
new canal or canals or the improvement of any canal, river, or other
waterway, or both, and the term "port project", as used in this article,
shall be deemed to include the construction of a new canal or canals or
the improvement of any canal, river, or other waterway, or both,
including but not limited to dredging and all other work required in the
design and construction of wharves, docks, piers, warehouses, and
other facilities for the unloading of barges and other boats. provided,
However, that the commission ports of Indiana shall make
reimbursement for any actual damage to any public or private facilities,
including but not limited to breakwaters, water intakes, wharfs, piers,
boat docks, warehouses, and pipeline equipment resulting from such
construction and other activities. Nothing in this section shall authorize
the ports of Indiana port commission to take, condemn, or disturb any
property right or interest in property, existing on March 10, 1967,
including permits and authorities to fill and reclaim submerged lands,
or any facilities constituting all or part of any operating property or any
private or public port.
SOURCE: IC 8-10-2-2; (08)MO134102.40. -->
SECTION 40. IC 8-10-2-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 2. (a) In addition to the
powers conferred upon the
ports of Indiana
port commission by other
provisions of this article, the
commission, ports of Indiana, whenever
it the ports of Indiana finds that the economic welfare of the state
would thereby be benefited, by additional employment opportunities,
or by additional diversification of industry within the state, or by
increased income or prosperity to the state and its residents, or for any
other reason, shall have the power to acquire, construct, maintain,
repair, police, and lease to others such facilities for manufacturing,
storage, or processing of goods, or for the carrying on of commercial,
business, or recreational activities as the
commission ports of Indiana
further finds will increase the traffic into or out of the project. Any such
facilities and the site thereof shall not be exempt from property
taxation, and the lessee in any lease thereof shall agree to pay all
property taxes levied on such facilities and the site thereof.
(b) In exercising the powers granted in this section, the
commission
ports of Indiana shall have all the powers granted to it by this article,
in connection with a project, and the term "project", as used in
IC 8-10-1, shall be deemed to include facilities, adjuncts, and
appurtenances of the character referred to in this section.
(c) It is further declared that the acquisition, construction,
maintenance, repair, policing of, and leasing to others of such facilities
under the conditions set forth in this section is a public purpose.
(d) Nothing in this section shall authorize the
ports of Indiana
port
commission to take, condemn, or disturb any property right or interest
in property, existing on March 10, 1967, including permits and
authorities to fill and reclaim submerged lands, or any facilities
constituting all or part of any operating property or any private or
public port. The
ports of Indiana
port commission shall make
reimbursement for any actual damage to any public or private facilities,
including but not limited to breakwaters, water intakes, wharves, piers,
boat docks, warehouses, and pipeline equipment resulting from the
exercise by it of any powers granted to it by this section.
SOURCE: IC 8-10-2-3; (08)MO134102.41. -->
SECTION 41. IC 8-10-2-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 3. Subject to the
approval of the governor, the state budget agency, and the state budget
committee, the ports of Indiana port commission may, notwithstanding
the provisions of IC 8-10-1-12 or the provisions of any other statute
relating to or appropriating money to the Indiana port fund, expend
moneys without further appropriation than the provisions of this
chapter from the Indiana port fund for the operation and maintenance
of a "port" or "port project" as those terms are defined in this article,
and in connection with the issuance of bonds, may covenant to set aside
and may set aside moneys from the Indiana port fund in a separate fund
or account with a corporate trustee or otherwise to be applied on the
cost of such operation and maintenance.
SOURCE: IC 8-10-3-1; (08)MO134102.42. -->
SECTION 42. IC 8-10-3-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 1. (a) Except as
otherwise provided by this chapter, the definitions set forth in
IC 8-10-1-2 apply throughout this chapter.
(b) In addition to the powers conferred upon the ports of Indiana
port commission by other provisions of this article, the commission
ports of Indiana shall have the power whenever it the ports of
Indiana finds it either desirable or necessary in order to increase the
water borne traffic into or out of the port to acquire, lease, construct,
maintain, repair, and police facilities, adjuncts, and appurtenances for
use in the business of in transit processing, finishing, reduction,
conversion, completion, packaging, bottling, transshipment, or
handling of commodities. In exercising the powers granted in this
section, the commission ports of Indiana shall have all the powers
granted to it the ports of Indiana by this article in connection with a
port project, and the term "port project", as used in this article, shall be
deemed and construed to include facilities, adjuncts, and appurtenances
of the character referred to in this section.
SOURCE: IC 8-10-3-2; (08)MO134102.43. -->
SECTION 43. IC 8-10-3-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 2.
Such The ports of
Indiana,
port commission, or a public or private agency or corporation
of the state of Indiana designated by the
ports of Indiana,
port
commission, is hereby authorized to make application to the board
established by the act of Congress approved June 18, 1934 (48 Stat.
998-1003; 19 United States Code 81a-81u) (Public Law 397, 73rd
Congress) entitled "an act to provide for the establishment, operation,
and maintenance of foreign-trade zones in ports of entry of the United
States to expedite and encourage foreign commerce and other
purposes," and all acts amendatory thereto, for a grant to
such the
ports of Indiana,
port commission, or a public or private agency or
corporation of the state of Indiana designated by the ports of Indiana,
port commission, of the privilege of establishing, operating, and
maintaining a foreign-trade zone at such places within the state of
Indiana as such commission the ports of Indiana may determine,
including lake ports, river ports, and elsewhere, pursuant to the
provisions of such act, and if such application be granted to accept such
grant and to establish, operate, and maintain such zone in accordance
with law.
SOURCE: IC 8-10-3-3; (08)MO134102.44. -->
SECTION 44. IC 8-10-3-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 3. Such The ports of
Indiana port commission in any appropriation of property, under the
provisions of the appropriate eminent domain law, may take either a fee
simple title in any property, or easement, or right-of-way, or riparian
right, or any other estate therein as in any particular instance as to any
parcel of property may be deemed necessary by the commission. ports
of Indiana.
SOURCE: IC 8-10-4-1; (08)MO134102.45. -->
SECTION 45. IC 8-10-4-1, AS AMENDED BY P.L.232-2005,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 1. (a) As used in this chapter, "self-liquidating or
nonrecourse project" means:
(1) a project for which a lease or leases have been executed
providing for payment in an amount the commission ports of
Indiana determines to be sufficient to pay:
(A) the interest and principal of the bonds to be issued to
finance the cost of the project; and
(B) all costs of maintenance, repair, and insurance of the
project; or
(2) a project that is structured in such a manner that the
commission ports of Indiana determines there is no recourse
against the state or the ports of Indiana. port commission.
(b) Other words and terms used in this chapter shall have the same
meaning as in IC 8-10-1-2 and the other provisions of this article,
unless otherwise specifically provided.
SOURCE: IC 8-10-4-2; (08)MO134102.46. -->
SECTION 46. IC 8-10-4-2, AS AMENDED BY P.L.2-2007,
SECTION 136, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 2. (a) In addition to the powers
conferred upon the
ports of Indiana
port commission by other
provisions of this article, and subject to subsection (b), the
commission,
ports of Indiana, in connection with any self-liquidating or
nonrecourse project, shall have the following powers notwithstanding
any other provision of this article to the contrary:
(1) The revenue bonds issued by the
commission ports of
Indiana to finance the cost of such self-liquidating or
nonrecourse project may be issued without regard to any
maximum interest rate limitation in this article or any other law.
(2) The revenue bonds issued by the
commission ports of
Indiana to finance the cost of such self-liquidating or
nonrecourse project may be sold in such manner, either at public
or private sale, as the commission ports of Indiana may
determine, and the provisions of IC 21-32-3 shall not be
applicable to such sale.
(3) IC 4-13.6, IC 5-16-1, IC 5-16-2, IC 5-16-3, IC 5-16-5,
IC 5-16-5.5, IC 5-16-6, IC 5-16-6.5, IC 5-16-8, IC 5-16-9,
IC 5-16-10, IC 5-16-11, IC 5-16-11.1, IC 8-10-1-7(12),
IC 8-10-1-29, and IC 36-1-12 do not apply to a self-liquidating or
nonrecourse project.
(b) The issuance of revenue bonds by the commission ports of
Indiana under this chapter is subject to the approval of the governor.
SOURCE: IC 8-10-4-3; (08)MO134102.47. -->
SECTION 47. IC 8-10-4-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 3. Any lease of a
project may provide that the lessee, as its reasonable portion of the
commission's ports of Indiana's administrative expense incurred by
the ports of Indiana during the term of the lease which the lessee is
required to pay by IC 8-10-1-10, shall pay to the commission ports of
Indiana for the use of the harbor, the public docking facilities and
public wharves and piers, all harbor, dockage, and wharfage charges
established by the commission. ports of Indiana.
SOURCE: IC 8-10-4-4; (08)MO134102.48. -->
SECTION 48. IC 8-10-4-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 4. The cost of any
project may include, instead of the cost of the acquisition of the land
constituting the site of such project, the value of such land as
determined by the commission. ports of Indiana. The proceeds of any
revenue bonds representing the value of such land shall be deposited
in the Indiana port fund.
SOURCE: IC 8-10-4-5; (08)MO134102.49. -->
SECTION 49. IC 8-10-4-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 5. The commission
ports of Indiana may contract for the use of any license, process or
device, whether patented or not, which the commission ports of
Indiana finds is necessary for the operation of any project, and may
permit the use thereof by any lessee on such terms and conditions as
the commission ports of Indiana may determine. The cost of such
license, process, or device may be included as part of the cost of the
project.
SOURCE: IC 8-15.7-8-5; (08)MO134102.50. -->
SECTION 50. IC 8-15.7-8-5, AS ADDED BY P.L.47-2006,
SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 5. For the purpose of financing a qualifying
project, the operator and the authority or the department may do the
following:
(1) Propose to use all or part of the revenues available to them.
(2) Enter into grant agreements.
(3) Access any designated transportation trust funds.
(4) Access any other funds available to the authority or the
department and the operator.
(5) Accept grants from the authority, the port commission, ports
of Indiana, any other state infrastructure bank, or any other
agency or entity.
SOURCE: ; (08)MO134102.51. -->
SECTION 51. [EFFECTIVE UPON PASSAGE] (a) As used in this
SECTION, "Indiana port commission" means the Indiana port
commission established by IC 8-10-1-3, as in effect before the
effective date of this act.
(b) As used in this SECTION, "ports of Indiana" means the
ports of Indiana established by IC 8-10-1-3, as amended by this act.
(c) After June 30, 2008, a reference to the Indiana port
commission in a statute, a rule, or other document is considered a
reference to the ports of Indiana, as the successor entity.".
SOURCE: Page 16, line 2; (08)MO134102.16. -->
Page 16, delete lines 2 through 42.
Delete pages 17 through 31.
Renumber all SECTIONS consecutively.
(Reference is to HB 1341 as printed January 25, 2008.)
________________________________________
MO134102/DI 96 2008