CHAPTER 1. INDIANA WHITE RIVER STATE PARK DEVELOPMENT COMMISSION
IC 14-13
ARTICLE 13. LOCAL RESOURCE DEVELOPMENT
IC 14-13-1
Chapter 1. Indiana White River State Park Development
Commission
IC 14-13-1-1
"Commission" defined
Sec. 1. As used in this chapter, "commission" refers to the Indiana
White River state park development commission.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-2
"Fund" defined
Sec. 2. As used in this chapter, "fund" refers to the White River
park development fund created by this chapter.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-3
Purposes of chapter
Sec. 3. The general purposes of this chapter are to do the
following:
(1) Promote the general health and welfare of citizens of
Indiana.
(2) Provide for the creation, development, and facilitation of
park, exposition, educational, athletic, and recreational projects.
(3) Provide for the operation and maintenance of those projects.
(4) Create a commission with the authority to carry out the
purposes of this chapter.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-4
Liberal construction
Sec. 4. This chapter, being necessary for the welfare of Indiana
and the inhabitants of Indiana, should be liberally construed to effect
the purposes of this chapter.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-5
Creation of commission
Sec. 5. The Indiana White River state park development
commission is created as a public body corporate and politic.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-6
Voting members
Sec. 6. The commission has ten (10) voting members as follows:
(1) The director or the director's designee.
(2) The executive of the city of Indianapolis or the executive's
designee.
(3) The president of Indiana University or the president's
designee.
(4) Seven (7) members appointed by the governor as follows:
(A) One (1) member for a term ending December 31, 1995.
(B) Two (2) members for terms ending December 31, 1996.
(C) Two (2) members for terms ending December 31, 1997.
(D) Two (2) members for terms ending December 31, 1998.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-7
Term of voting members
Sec. 7. The term of a voting member is four (4) years. However,
if an appointee is appointed to serve an unexpired term, the appointee
serves only until the end of the unexpired term.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-8
Political party affiliation of voting members
Sec. 8. Two (2) members appointed for terms expiring at the same
time may not belong to the same political party.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-9
Legislative members
Sec. 9. (a) In addition to the voting members of the commission,
the governor shall appoint four (4) legislative members from the
general assembly from recommendations made by the speaker of the
house of representatives and the president pro tempore of the senate
as follows:
(1) Two (2) legislative members must be members of the house
of representatives, but may not be members of the same
political party.
(2) Two (2) legislative members must be members of the senate,
but may not be members of the same political party.
(b) The legislative members may not:
(1) vote in proceedings of the commission; and
(2) be counted for purposes of establishing a quorum.
(c) The term of a legislative member is four (4) years, except for
the following:
(1) A legislative member's membership on the commission is
terminated when the legislative member ceases to be a member
of the general assembly.
(2) A legislative member appointed to serve an unexpired term
may serve only until the end of that term.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-10
Eligibility for reappointment
Sec. 10. A member of the commission is eligible for
reappointment.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-11
Chairman; treasurer
Sec. 11. The governor shall annually designate:
(1) one (1) of the voting members of the commission as
chairman; and
(2) one (1) of the voting members of the commission as
treasurer;
for terms expiring December 31.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-12
Meetings
Sec. 12. (a) The commission shall meet on call of any of the
following:
(1) The chairman.
(2) The executive director.
(3) Any three (3) voting members.
(b) Seven (7) voting members constitute a quorum.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-13
Per diem compensation and traveling expenses
Sec. 13. (a) Each voting member is entitled to reimbursement for
traveling and other expenses as provided in the state travel policies
and procedures established by the Indiana department of
administration and approved by the budget agency. Each voting
member who is not a state employee is entitled to the minimum
salary per diem as provided in IC 4-10-11-2.1(b).
(b) Each legislative member of the commission is entitled to
receive the same per diem, mileage, and travel allowances paid to
members of the general assembly serving on interim study
committees established by the legislative council.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-14
Executive director
Sec. 14. The governor shall appoint an executive director for the
commission.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-14.5
Code of ethics
Sec. 14.5. (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.
As added by P.L.5-1996, SEC.13.
IC 14-13-1-15
Park project development plan
Sec. 15. (a) The commission may design and implement a plan for
the establishment and development of park, exposition, educational,
athletic, and recreational projects to be located within one (1) mile
of the banks of the White River in a consolidated city and county.
The projects may include any of the following:
(1) Parks.
(2) Recreational facilities.
(3) Exposition facilities.
(4) Zoos, aquariums, aviaries, or other facilities for animal life.
(5) Facilities for entertainment, meetings, industrial and trade
shows, athletic events, and other displays and events of cultural,
educational, entertainment, and recreational value.
(6) Other facilities that the commission considers appropriate
to the general public welfare and to the cultural, recreational,
educational, or civic well-being of the public.
(b) In designing and implementing this plan, the commission may
employ the architects, engineers, surveyors, planners, advisors, and
consultants that the commission considers appropriate. The
commission may seek and accept the advice and comments of other
persons and entities, including political subdivisions and public
agencies, that the commission considers appropriate.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-16
Acquisition of property by purchase or lease
Sec. 16. (a) The commission may acquire, by purchase or by
lease:
(1) any land, property, rights, rights-of-way, franchises,
easements, and other interests in real property, including land
under water and riparian rights; and
(2) any existing facilities, betterments, and improvements;
that the commission considers necessary or convenient for the
establishment, development, construction, improvement, or operation
of any projects.
(b) Property may be acquired under subsection (a):
(1) upon the terms; and
(2) at the price or rent;
that the commission considers reasonable and that are agreed upon
by the commission and the owner.
(c) The commission may acquire land and other interests in real
property under subsection (a) by:
(1) gift or bequest; or
(2) condemnation under section 17 of this chapter.
(d) The commission shall take and hold title to the land and other
interests in the name of the state of Indiana.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-17
Eminent domain powers
Sec. 17. (a) The commission may acquire by appropriation under
Indiana eminent domain law:
(1) any land, property, rights, rights-of-way, franchises,
easements, or other interests in real property, including land
under water and riparian rights; or
(2) any existing facilities, betterments, and improvements, or
other property;
necessary and proper for the creation, development, establishment,
maintenance, or operation of a project or any part of a project.
(b) If property is acquired under Indiana eminent domain law, the
commission shall use the property only for the specific uses that are
stated in the complaint filed under IC 32-24-1-4 and for no other
purpose.
As added by P.L.1-1995, SEC.6. Amended by P.L.2-2002, SEC.58.
IC 14-13-1-18
Acquisition of property from political subdivisions or public
entities
Sec. 18. Each:
(1) county, city, town, township, and other political subdivision
of the state; and
(2) public agency, department, and commission;
may, upon the terms and conditions that the proper authorities of the
entity and the commission consider reasonable and appropriate,
lease, lend, grant, or convey to the commission, at the commission's
request, real or personal property, including an interest in the
property, owned by the entity that is necessary or convenient to
effecting the purposes of this chapter.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-19
Property improvements
Sec. 19. In establishing and developing projects, the commission
may:
(1) construct, reconstruct, establish, build, repair, remodel,
enlarge, extend, or add to the facilities, betterments, and
improvements; and
(2) clear and prepare any site for construction;
that the commission considers appropriate and in furtherance of the
purposes of this chapter.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-20
Conveyance of property to political subdivisions or public entities
Sec. 20. (a) The commission may sell, transfer, or convey to:
(1) a political subdivision of the state; or
(2) a public agency, department, or commission;
for the consideration and upon the terms that the commission
considers appropriate real property, including a facility, betterment,
or improvement, within the projects or acquired under this chapter,
if the sale, transfer, or conveyance and ownership by the transferee
further the purposes of this chapter.
(b) Transfer is subject to the restrictions that the commission
considers appropriate and in furtherance of the purposes of this
chapter.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-21
Management of park projects
Sec. 21. (a) The commission may provide for the construction,
improvement, development, operation, and management of the
projects, including any facilities, betterments, and improvements that
are part of the projects, in the manner that the commission considers
appropriate and in furtherance of the purposes of this chapter.
(b) The commission may enter into:
(1) a lease agreement as lessor or sublessor; or
(2) an operating or license agreement;
with respect to all or part of a site, a facility, a betterment, or an
improvement that is part of the projects with at least one (1) public
or private person or entity, including political subdivisions of the
state and public agencies, departments, and commissions, on the
terms and conditions that the commission considers appropriate and
in furtherance of the purposes of this chapter.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-22
State capitol health council
Sec. 22. (a) As used in this section, "council" refers to the Indiana
state capitol health council.
(b) The Indiana state capitol health council is created for purposes
of advising and making recommendations to the commission
concerning the development, implementation, and facilitation of
programs, projects, and events for participation by the public in the
areas of biology, medicine, pharmaceuticals, nutrition, and related
areas.
(c) The council consists of not more than twenty (20) members
appointed by the governor under section 26 of this chapter. Members
shall be selected to give the council the benefit of the resources of
the state relevant to the council's purposes and may include the
following:
(1) Persons affiliated with private and public medical,
educational, and scientific organizations and institutions.
(2) Other persons whose experience or duties are relevant to the
purposes of the council.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-23
State capitol food and agriculture council
Sec. 23. (a) As used in this section, "council" refers to the Indiana
state capitol food and agriculture council.
(b) The Indiana state capitol food and agriculture council is
created for purposes of advising and making recommendations to the
commission concerning the development, implementation, and
facilitation of programs, projects, and events for participation by the
public in the areas of agriculture, distribution and processing of food,
and related areas.
(c) The council consists of not more than twenty (20) members
appointed by the governor under section 26 of this chapter. Members
shall be selected to give the council the benefit of the resources of
the state relevant to the council's purposes and may include the
following:
(1) Persons experienced in agriculture, food distribution, and
food processing.
(2) Persons affiliated with educational institutions.
(3) Public officials and other persons whose experience or
duties are relevant to the purposes of the council.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-24
State capitol athletic council
Sec. 24. (a) As used in this section, "council" refers to the Indiana
state capitol athletic council.
(b) The Indiana state capitol athletic council is created for
purposes of advising and making recommendations to the
commission concerning the development, implementation, and
facilitation of athletic and recreational programs, projects, events,
facilities, and related matters.
(c) The council consists of not more than twenty (20) members
appointed by the governor under section 26 of this chapter. Members
shall be selected to give the council the benefit of the resources of
the state relevant to the council's purposes and may include the
following:
(1) Persons affiliated with educational institutions and
professional and amateur athletic organizations.
(2) Other persons whose experience and duties are relevant to
the purposes of the council.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-25
State capitol animal and wildlife council
Sec. 25. (a) As used in this section, "council" refers to the Indiana
state capitol animal and wildlife council.
(b) The Indiana state capitol animal and wildlife council is created
for purposes of advising and making recommendations to the
commission concerning the development, implementation, and
facilitation of programs, projects, and events for participation by the
public in the areas of domestic and nondomestic animal science,
breeding, and care, veterinary science, animal nutrition, zoological
science, animal wildlife study, and related areas.
(c) The council consists of not more than twenty (20) members
appointed by the governor under section 26 of this chapter. Members
shall be selected to give the council the benefit of the resources of
the state relevant to the council's purposes and may include the
following:
(1) Persons affiliated with educational, scientific, and
agricultural institutions and organizations.
(2) Other persons whose experience and duties are relevant to
the purposes of the council.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-26
Members of councils
Sec. 26. The membership of each council created by this chapter
shall be appointed as follows:
(1) The term of each member is four (4) years, expiring
December 31. One-fourth (1/4) of the initial members of each
council shall be appointed for terms expiring each year.
(2) The governor shall designate one (1) of the members of each
council as chairman of the council.
(3) A member is eligible for reappointment.
(4) Not more than sixty percent (60%) of the members of each
council may be affiliated with the same political party.
(5) A vacancy occurring during a term shall be filled for the
unexpired term by majority vote of the remaining members of
the council.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-27
Consultation with advisory councils
Sec. 27. The commission shall do the following:
(1) Consult with the following:
(A) The health council.
(B) The food and agriculture council.
(C) The athletic council.
(D) The animal and wildlife council.
(2) Study the feasibility of programs, projects, events, and
facilities of national and international significance in the areas
of health, nutrition, physical fitness, medical science,
recreation, athletics, animal study, veterinary science, and
related areas.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-28
General powers of commission
Sec. 28. The commission may do the following:
(1) Adopt bylaws for the regulation of the commission's affairs
and the conduct of the commission's business.
(2) Adopt an official seal, which may not be the seal of the
state.
(3) Maintain a principal office and other offices that the
commission designates.
(4) Sue and be sued in the name and style of "White River State
Park Development Commission", with service of process being
had upon the chairman of the commission by leaving a copy at
the principal office of the commission.
(5) Acquire by grant, purchase, gift, devise, lease, eminent
domain, or otherwise and hold, use, sell, lease, or dispose of:
(A) real and personal property of every kind and nature; and
(B) any right and interest;
necessary for the full exercise or convenient or useful for the
carrying on of any of the commission's powers under this
chapter.
(6) Exercise within Indiana and in the name of the state of
Indiana the power of eminent domain under Indiana law
governing the exercise of the power of eminent domain for any
public purposes.
(7) Fix, collect, and review admission charges, entrance fees,
tolls, and other user charges for the use of a facility within the
projects owned or leased by the commission or dedicated to the
commission by a political subdivision of the state or a public
agency, department, or commission having jurisdiction of the
facility.
(8) Acquire by fee or by lease, obtain option on, hold, and
dispose of real and personal property reasonably necessary and
proper to the exercise of the commission's powers and the
performance of the commission's duties under this chapter.
(9) Make and enter into all contracts, undertakings, and
agreements necessary or incidental to the performance of the
commission's duties and the execution of the commission's
powers under this chapter.
(10) Employ and fix the compensation of consulting engineers,
superintendents, and other engineers, construction and
accounting experts, attorneys, and other employees and agents
the commission considers necessary.
(11) Conduct studies of the financial feasibility of the park and
recreational projects and facilities, betterments, and
improvements within those projects.
(12) Avail itself of the services of professional and other
personnel employed by an agency, a department, or a
commission of the state for purposes of studying the feasibility
of or designing, constructing, or maintaining the projects or a
facility within those projects.
(13) Receive and accept:
(A) from the federal government or a federal agency or
department grants for or in aid of the acquisition,
construction, improvement, or development of any part of
the projects of the commission; and
(B) aid or contributions from any source of money, property,
labor, or other things of value;
to be held, used, and applied only for the purposes, consistent
with the purposes of this chapter, for which the grants and
contributions may be made.
(14) Hold, use, administer, and expend the money that is
appropriated or transferred to the commission.
(15) Assist or cooperate with a political subdivision or public
agency, department, or commission, including the payment of
money or the transfer of property by the commission to the
political subdivision or public agency, department, or
commission, if the commission considers the assistance or
cooperation appropriate and in furtherance of the purposes of
this chapter.
(16) Accept assistance and cooperation from a political
subdivision or public agency, department, or commission,
including the acceptance of money or property by the
commission from the political subdivision or public agency,
department, or commission, if the commission considers the
assistance or cooperation appropriate and in furtherance of the
purposes of this chapter.
(17) All acts and things necessary or proper to carry out the
powers expressly granted in this chapter.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-29
Creation of fund
Sec. 29. (a) The White River park development fund is created.
The commission shall make expenditures from the fund only to
accomplish the purposes of this chapter, including the acquisition of
real property and interests in real property as the site for projects of
the commission and the construction of facilities, betterments, and
improvements within the projects.
(b) The commission shall do the following:
(1) Hold the fund in the name of the commission.
(2) Administer the fund.
(3) Make all expenditures from the fund.
(c) The money in the fund at the end of a fiscal year remains in
the fund and does not revert to any other fund.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-30
Revenue bonds; issuance
Sec. 30. (a) The acquisition, construction, or improvement of real
property, a facility, a betterment, or an improvement constituting part
of a project of the commission, including acquisition of the site for
a project, may be financed in whole or in part by the issuance before
July 1, 2005, of bonds payable solely out of the net income received
from the operation of the real property, facility, betterment, or
improvement.
(b) If the commission desires to finance an acquisition, a
construction, or an improvement in whole or in part as provided in
this section or sections 31 through 36 of this chapter, the commission
must adopt a resolution authorizing the issuance of bonds. The
resolution must set forth the following:
(1) The date on which the principal of the bonds matures, not
exceeding forty (40) years from the date of issuance.
(2) The maximum interest rate to be paid on the bonds.
(3) Other terms and conditions upon which the bonds are
issued.
(c) The commission shall take all actions necessary to issue the
bonds in accordance with the resolution. The commission may enter
into a trust agreement with a trust company as trustee for the
bondholders. An action to contest the validity of any bonds to be
issued under this chapter may not be brought after the fifteenth day
following the receipt of bids for the bonds.
As added by P.L.1-1995, SEC.6. Amended by P.L.235-2005,
SEC.183.
IC 14-13-1-31
Revenue bonds; not debt of state or subdivision; payable solely
from money pledged
Sec. 31. (a) Revenue bonds issued under this chapter or under
IC 14-6-29 (before its repeal) do not constitute any of the following:
(1) A debt of the state or of a political subdivision of the state.
(2) A pledge of the faith and credit of the state or a political
subdivision of the state.
(b) The bonds are payable solely from the revenues pledged for
their payment as authorized in this chapter or IC 14-6-29 (before its
repeal).
As added by P.L.1-1995, SEC.6.
IC 14-13-1-32
Revenue bonds; redemption; negotiability
Sec. 32. (a) Revenue bonds issued under this chapter or under
IC 14-6-29 (before its repeal) may be made redeemable before
maturity at the option of the commission at the price and under the
terms and conditions that are set by the commission in the
authorizing resolution. The commission shall do the following:
(1) Determine the form of the bonds, including any interest
coupons to be attached to the bonds.
(2) Fix the denomination of the bonds.
(3) Fix the place of payment of principal and interest, which
may be at any bank or trust company within or outside Indiana.
(b) Revenue bonds have the qualities and incidents of negotiable
instruments under Indiana law. Provision may be made for the
registration of any of the bonds as to principal alone and also as to
both principal and interest.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-33
Revenue bonds; requirements
Sec. 33. (a) Revenue bonds issued under this chapter shall be
issued in the name of the commission and must recite on the face of
each bond that the principal of and interest on the bond are payable
solely from revenues pledged for their payment and are not an
obligation of the state or of a political subdivision of the state.
(b) The chairman of the commission shall execute the bonds, and
the secretary of the commission shall affix and attest the seal of the
commission.
(c) Coupons attached to the bonds must bear the facsimile
signature of the chairman of the commission.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-34
Revenue bonds; authority to issue
Sec. 34. This chapter and IC 14-6-29 (before its repeal) constitute
full and complete authority for the issuance of revenue bonds. A law,
a procedure or proceeding, a publication, a notice, a consent, an
approval, an order, an act, or a thing by the commission or any other
officer, department, agency, or instrumentality of the state, a county,
or a municipality is not required to issue revenue bonds except as
prescribed in this chapter or IC 14-6-29 (before its repeal).
As added by P.L.1-1995, SEC.6.
IC 14-13-1-35
Revenue bonds; legal investments
Sec. 35. Revenue bonds issued under this chapter or IC 14-6-29
(before its repeal) constitute legal investments for the following:
(1) Private trust money.
(2) The money of banks, trust companies, insurance companies,
building and loan associations, credit unions, banks of discount
and deposit, savings associations, mortgage guaranty
companies, small loan companies, industrial loan and
investment companies, and any other financial institutions
organized under Indiana law.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-36
Revenue bonds; refunding bonds
Sec. 36. (a) The commission may issue refunding bonds before
July 1, 2005, in the name of the commission for the following
purposes:
(1) Refunding any bonds then outstanding and issued under this
chapter or under IC 14-6-29 (before its repeal), including
payment of redemption premium and interest accrued or to
accrue to the date of redemption of the outstanding bonds.
(2) If considered advisable by the commission, constructing
improvements, extensions, or enlargements of a facility, a
betterment, or an improvement in connection with which the
bonds to be refunded have been issued.
(b) The issuance of the refunding bonds, the maturity dates and
other details, and all rights, duties, and obligations of the holders of
the refunding bonds and of the commission with respect to the
refunding bonds are subject to this chapter.
As added by P.L.1-1995, SEC.6. Amended by P.L.235-2005,
SEC.184.
IC 14-13-1-37
Public purpose
Sec. 37. The exercise of the powers granted by this chapter is for
the benefit of the people of Indiana and for the increase of their
commerce, health, enjoyment, and prosperity. The operation,
creation, development, and maintenance of the projects by the
commission constitutes the performance of essential governmental
functions.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-38
Tax exemptions
Sec. 38. (a) The commission is not required to pay any taxes or
assessments upon any of the following:
(1) A project of the commission.
(2) A facility, betterment, or improvement within a project.
(3) Property acquired or used by the commission under this
chapter or IC 14-6-29 (before its repeal).
(4) The income or revenue from the property.
(b) The:
(1) bonds issued under this chapter or under IC 14-6-29 (before
its repeal);
(2) interest on the bonds;
(3) proceeds received by a holder from the sale of the bonds to
the extent of the holder's cost of acquisition;
(4) proceeds received upon redemption before maturity or
proceeds received at maturity; and
(5) receipt of 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.
As added by P.L.1-1995, SEC.6. Amended by P.L.254-1997(ss),
SEC.19.
IC 14-13-1-39
Applicability of IC 8-23-17
Sec. 39. IC 8-23-17 applies to activities conducted under this
chapter.
As added by P.L.1-1995, SEC.6.
IC 14-13-1-40
Consideration of racial minorities
Sec. 40. It is the intent of the general assembly that consideration
be given to the selection of persons who are members of racial
minorities for the following:
(1) Appointment to the commission.
(2) Appointment to the advisory councils created by this
chapter.
(3) Constructing, improving, developing, operating, or
managing projects, facilities, or improvements of the
commission.
(4) Entering into contracts or leases or receiving licenses to be
awarded under this chapter.
As added by P.L.1-1995, SEC.6.