US Lawyer Database

5-23-2-16. “State”

Sec. 16. “State” means the state of Indiana or a state agency (as defined in IC 6-1.1-1-18). As added by P.L.213-2015, SEC.70.

5-23-2-17. “Transportation Facility”

Sec. 17. “Transportation facility” means any new or existing road, highway, toll highway, bridge, tunnel, railroad (as defined in IC 8-3-1-2), or intermodal facility, located in the jurisdiction of a governmental body. As added by P.L.57-2022, SEC.7.

5-23-2-6. “Governmental Body”

Sec. 6. “Governmental body” has the meaning set forth in IC 5-22-2-13 and includes, for purposes of this article, any state educational institution or other instrumentality of this state. As added by P.L.49-1997, SEC.34. Amended by P.L.213-2015, SEC.69.

5-23-2-6.3. “Material Default”

Sec. 6.3. “Material default” means a nonperformance of its duties by the operator of a public-private agreement which jeopardizes adequate service to the public from the project. As added by P.L.57-2022, SEC.3.

5-23-2-6.9. “Operate”

Sec. 6.9. “Operate” means to finance, maintain, improve, equip, modify, or repair. As added by P.L.57-2022, SEC.4.

5-23-2-7. “Operating Agreement”

Sec. 7. “Operating agreement” means an agreement between an operator and the governmental body for the operation, maintenance, repair, or management of a public facility. As added by P.L.49-1997, SEC.34.

5-23-2-8. “Operator”

Sec. 8. “Operator” means a person who has entered into either an operating agreement or a BOT agreement with a governmental body to provide services to or on behalf of the governmental body. As added by P.L.49-1997, SEC.34.

5-23-2-1.5. “Availability Payment”

Sec. 1.5. “Availability payment” means any funding stream, whether from a private, local, state, or federal source that the governmental body is authorized to use for the construction, maintenance, financing, or operations of any transportation infrastructure located within the boundaries of the governmental body. As added by P.L.57-2022, SEC.1.

5-23-2-2. “Board”

Sec. 2. “Board” refers to the agent, board, commission, officer, or trustee of a public agency having the power to award contracts on behalf of the public agency. As added by P.L.49-1997, SEC.34.