Ind. Code § 8-22-3-3 — Indiana Code / Title 8 / Article 22 / Chapter 3 / Section 8-22-3-3
Executive and legislative powers of board
Status: in_force

Sec. 3. The board of an authority shall exercise the executive and legislative powers of the authority as provided by this chapter.

[Pre-Local Government Recodification Citations: 19-6-2-3; 19-6-3-3; 19-6-3.5-4.]

As added by Acts 1980, P.L.8, SEC.73. Amended by Acts 1981, P.L.11, SEC.68.
Ind. Code § 8-1-40-14 — Indiana Code / Title 8 / Article 1 / Chapter 40 / Section 8-1-40-14
Installations of net metering facilities before January 1, 2018; continued service under tariff; successors in interest
Status: in_force

Sec. 14. (a) This section applies to a customer that installs a net metering facility (as defined in 170 IAC 4-4.2-1(k)) on the customer's premises before January 1, 2018.

(b) A customer that is participating in an electricity supplier's net metering tariff on December 31, 2017, shall continue to be served under the terms and conditions of the net metering tariff until:

(1) the customer removes from the customer's premises or replaces the net metering facility (as defined in 170 IAC 4-4.2-1(k)); or

(2) July 1, 2047;

whichever occurs earlier.

(c) A successor in interest to a customer's premises on which is located a net metering facility (as defined in 170 IAC 4-4.2-1(k)) that was installed before January 1, 2018, may, if the successor in interest chooses, be served under the terms and conditions of the net metering tariff of the electricity supplier that provides retail electric service at the premises until:

(1) the net metering facility (as defined in 170 IAC 4-4.2-1(k)) is removed from the premises or is replaced; or

(2) July 1, 2047;

whichever occurs earlier.

As added by P.L.264-2017, SEC.6.
Ind. Code § 8-15.5-3-1 — Indiana Code / Title 8 / Article 15.5 / Chapter 3 / Section 8-15.5-3-1
Power to enter into public-private agreement
Status: in_force

Sec. 1. Subject to the other provisions of this article, the authority, a governmental entity, and a private entity may enter into a public-private agreement with respect to a project. Subject to the requirements of this article, a public-private agreement may provide that the private entity is partially or entirely responsible for any combination of the following activities with respect to the project:

(1) Planning.

(2) Design.

(3) Acquisition.

(4) Construction.

(5) Reconstruction.

(6) Improvement.

(7) Extension or expansion.

(8) Operation.

(9) Repair.

(10) Management.

(11) Maintenance.

(12) Financing.

As added by P.L.47-2006, SEC.39. Amended by P.L.205-2013, SEC.142; P.L.91-2014, SEC.22.
Ind. Code § 8-23-1.1-11 — Indiana Code / Title 8 / Article 23 / Chapter 1.1 / Section 8-23-1.1-11
"Commerce corridor"
Status: in_force

Sec. 11. "Commerce corridor" means that part of a recognized system of highways that:

(1) directly facilitates intrastate, interstate, or international commerce and travel;

(2) enhances economic vitality and international competitiveness; or

(3) provides service to all parts of Indiana and the United States.

As added by P.L.145-2026, SEC.37.
Ind. Code § 8-23-7-13 — Indiana Code / Title 8 / Article 23 / Chapter 7 / Section 8-23-7-13
Sale of surplus property
Status: in_force

Sec. 13. If the department determines that real property owned in fee simple by the department will not be needed for a purpose described in section 2 of this chapter, the commissioner may, with the approval of the budget agency, issue an order describing the surplus property and offering the surplus property for sale at or above its fair market value as determined by:

(1) appraisers of the department, if the value of the property is at least ten thousand dollars ($10,000); or

(2) agency real estate professionals, if the value of the property is less than ten thousand dollars ($10,000).

The department may combine or divide parcels of surplus property to facilitate the sale of the property.

As added by P.L.18-1990, SEC.216. Amended by P.L.246-2005, SEC.86; P.L.12-2022, SEC.5.
Ind. Code § 8-17-1-12 — Indiana Code / Title 8 / Article 17 / Chapter 1 / Section 8-17-1-12
Repealed
Status: repealed

Formerly: Acts 1919, c.112, s.13. Repealed by Acts 1981, P.L.57, SEC.45.
Ind. Code § 8-1-24-2 — Indiana Code / Title 8 / Article 1 / Chapter 24 / Section 8-1-24-2
Exemption from IC 8-1-1 and IC 8-1-2
Status: in_force

Sec. 2. Any corporation or other business entity engaged in the transmission of gas by pipeline, and which is subject to the supervision, control, or jurisdiction of the federal government, or any agency, board, or commission thereof with respect to construction of additional facilities, shall be exempt from and after July 26, 1973, from all provisions of IC 8-1-1 and IC 8-1-2 with respect to the issuance of its stocks, certificates of stock, bonds, notes, or other evidences of indebtedness and with respect to the sale, assignment, transfer, lease, or encumbrance of its franchise, works, or system.

Formerly: Acts 1973, P.L.64, SEC.1. As amended by P.L.59-1984, SEC.92; P.L.23-1988, SEC.60.
Ind. Code § 8-4-22-1 — Indiana Code / Title 8 / Article 4 / Chapter 22 / Section 8-4-22-1
Approval of lease or purchase required
Status: in_force

Sec. 1. Any railroad company organized under the laws of Indiana, or created by consolidation of a company or companies organized under the laws of Indiana, and a company or companies organized under the laws of another state or states may lease or purchase, in whole or in part, the connecting or continuous and noncompeting line of any railroad in any other state, together with all its rights, powers, privileges, franchises, and immunities. However, a sale or lease may not be made under this chapter without the approval of:

(1) the stockholders owning not less than two-thirds (2/3) of the outstanding capital stock of each of the companies that are parties to such lease or sale; and

(2) the Indiana department of transportation.

Formerly: Acts 1921, c.126, s.1. As amended by P.L.384-1987(ss), SEC.49; P.L.18-1990, SEC.57.
Ind. Code § 8-23-14-2 — Indiana Code / Title 8 / Article 23 / Chapter 14 / Section 8-23-14-2
Emergency procedure
Status: in_force

Sec. 2. In case of an emergency, if it is impossible for the department to procure the necessary equipment by rental under section 1 of this chapter, the department may rent equipment subject to the approval of the budget committee.

As added by P.L.18-1990, SEC.223.
Ind. Code § 8-1-2.6-0.6 — Indiana Code / Title 8 / Article 1 / Chapter 2.6 / Section 8-1-2.6-0.6
"Telecommunications"
Status: in_force

Sec. 0.6. As used in this chapter, "telecommunications" has the meaning set forth in 47 U.S.C. 153.

As added by P.L.27-2006, SEC.11. Amended by P.L.7-2015, SEC.8.
Ind. Code § 8-4-24-1 — Indiana Code / Title 8 / Article 4 / Chapter 24 / Section 8-4-24-1
Certificate of sale; public lease; sale notice
Status: in_force

Sec. 1. (a) In case a majority in interest of the creditors of a railroad company and the majority in interest of the stockholders of such company agree upon a plan for the readjustment or capitalization of the debt and stock thereof, thereupon an agreement as aforesaid, either before or after a sale of such railroad under judicial proceedings, and a purchase at such sale by trustees on behalf of the parties to such agreement, all the franchises and powers, including the franchises to act as a corporation conferred by the charter of such railroad company, pass by such sale and vest in the trustees, together with the railroad and all the other property embraced in the sale. In case any railroad situate wholly or partly within Indiana, or any part thereof situate within Indiana, shall, in pursuance of such agreement, be sold by virtue of any mortgage or mortgages or deed or deeds of trust, either by foreclosure or other proceedings in law or equity, or pursuant to any power in such mortgage or mortgages or deed or deeds of trust contained, or by the joint exercise of those authorities, as provided in this section, the purchaser or purchasers of the same, or their survivor or survivors, or the associates of a purchaser or survivor, may form a corporation, by filing in the office of the secretary of state a certificate, under the signature of the purchasers, survivors, and associates specifying the name of such corporation, the number of directors, the names of the first directors and the period of their service (not exceeding one (1) year), the amount of the original capital, and the number of shares into which such capital is to be divided.

(b) The persons signing the certificate, and their successors, shall be a body politic and corporate, by the name therein specified. A copy of such certificate, attested by the signature of the secretary of state or the secretary's deputy, shall, in all courts and places, be evidence of the due organization and existence of the corporation and of the facts in the certificate stated. No sale under this chapter shall be valid unless notice thereof, stating time and place of sale, shall have been published in some newspaper of general circulation in the city of New York, and also by publishing the notice in at least one (1) newspaper of general circulation published in each county in Indiana through which the railroad may run, not less than thirty (30) nor more than sixty (60) days, at the discretion of the court ordering the sale, immediately preceding the sale.

Formerly: Acts 1861, c.78, s.1. As amended by P.L.62-1984, SEC.74; P.L.1-1989, SEC.17.
Ind. Code § 8-2.1-25-2 — Indiana Code / Title 8 / Article 2.1 / Chapter 25 / Section 8-2.1-25-2
"Motor carrier" defined
Status: in_force

Sec. 2. As used in this chapter, "motor carrier" has the meaning set forth in IC 8-2.1-17-10.

As added by P.L.86-1997, SEC.1.
Ind. Code § 8-2.1-17-13.5 — Indiana Code / Title 8 / Article 2.1 / Chapter 17 / Section 8-2.1-17-13.5
"Prearranged ride"
Status: in_force

Sec. 13.5. (a) "Prearranged ride" means the provision of transportation by a TNC driver to a TNC rider:

(1) beginning when the TNC driver accepts a TNC rider's request for a ride through a digital network controlled by a TNC;

(2) continuing while the TNC driver transports the requesting TNC rider; and

(3) ending when the last requesting TNC rider departs from the personal vehicle.

(b) The term "prearranged ride" does not include transportation provided through any of the following:

(1) A shared expense carpool or vanpool arrangement.

(2) Use of a taxicab, limousine, or other for hire vehicle.

(3) A regional transportation authority established under IC 36-9-3.

As added by P.L.175-2015, SEC.4.
Ind. Code § 8-21-3-12 — Indiana Code / Title 8 / Article 21 / Chapter 3 / Section 8-21-3-12
"Aircraft liability policy"
Status: in_force

Sec. 12. An aircraft liability policy as said term is used in this chapter, shall mean an owner's policy of liability insurance or an operator's policy of liability insurance for which a certificate has been filed with the department by an insurance carrier authorized to do business in this state pursuant to the insurance laws of this state for the benefit of the person named therein as insured or additional insured; which policy shall contain the terms, conditions and provisions required by the laws of this state and with sufficient liability coverage to meet the security and proof of financial responsibility requirements established within the purview of section 4 of this chapter and pursuant to this chapter by the department as a result of an aircraft accident occurring within this state and shall be approved by the insurance commissioner of the state of Indiana.

Formerly: Acts 1951, c.267, s.12; Acts 1953, c.85, s.5. As amended by Acts 1980, P.L.74, SEC.324; P.L.50-2024, SEC.8.
Ind. Code § 8-23-20-3 — Indiana Code / Title 8 / Article 23 / Chapter 20 / Section 8-23-20-3
Determination of legality of Secretary's actions
Status: in_force

Sec. 3. The attorney general shall institute proceedings under 23 U.S.C. 131 to obtain a judicial determination of the legality of the determination of the United States Secretary of Commerce if the Secretary makes a final determination to:

(1) withhold funds from Indiana;

(2) fail to agree with Indiana as to the size, lighting, and spacing of signs; or

(3) fail to agree with Indiana as to unzoned commercial or industrial areas in which signs may be erected and maintained.

As added by P.L.18-1990, SEC.229.
Ind. Code § 8-16-1-10 — Indiana Code / Title 8 / Article 16 / Chapter 1 / Section 8-16-1-10
Plans and specifications; submission; letting of contracts for construction
Status: in_force

Sec. 10. (a) Before any bridge shall be constructed under the provisions of this chapter, the authority shall prepare profiles, plans and specifications, and estimates for the construction of such bridge or bridges as they shall designate for construction under the provisions of this chapter.

(b) Following the preparation of profiles, plans and specifications, and estimates as provided in subsection (a), the authority shall give notice of the time, place, terms, and conditions for the letting of the contracts for the construction of such bridge or bridges, as is provided by law for the giving of notices for the construction of highways by the department.

(c) The authority shall let the contracts for the construction of such bridge or bridges under this chapter in the same manner and under the same conditions as are fixed by law for the letting of contracts for the construction of highways by the department.

Formerly: Acts 1939, c.79, s.7b; Acts 1941, c.217, s.5. As amended by Acts 1980, P.L.74, SEC.267; P.L.109-1983, SEC.38; P.L.18-1990, SEC.146.
Ind. Code § 8-20-1-37 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-37
Repealed
Status: repealed

Formerly: Acts 1905, c.167, s.47. As amended by P.L.86-1988, SEC.189. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-17-5-13 — Indiana Code / Title 8 / Article 17 / Chapter 5 / Section 8-17-5-13
County engineering department; establishment; supervision by county highway engineer; divisions
Status: in_force

Sec. 13. (a) This section applies to each county that employs a full-time county highway engineer under this chapter.

(b) A county engineering department may be established by ordinance.

(c) The county highway engineer shall, under the direction of the county executive, supervise the work of the department. The department may be organized into divisions. The divisions may perform county engineering services approved by the county executive.

[Pre-Local Government Recodification Citations: 17-2-78-1; 17-2-78-2.]

As added by Acts 1981, P.L.11, SEC.62.
Ind. Code § 8-22-3.5-9.3 — Indiana Code / Title 8 / Article 22 / Chapter 3.5 / Section 8-22-3.5-9.3
Limitation on renewal or extension of existing allocation area; required conditions related to original district
Status: in_force

Sec. 9.3. (a) Notwithstanding any other law, if the Indiana economic development corporation subsequently designates territory that is located in an existing allocation area under this chapter as an innovation development district under IC 36-7-32.5, the allocation area may not be renewed or extended under this chapter until the term of the innovation development district expires.

(b) Notwithstanding any other law, for taxing districts that include multiple tax increment financing districts under this chapter, the original tax increment financing district does not expire and stays active only for the purpose of satisfying outstanding bonds issued by the subsequent tax increment financing district, only if the commission completes the following requirements:

(1) Provides a written appeal to and receives the approval of the department of local government finance.

(2) Provides written notice to the state board of accounts of the appeal.

As added by P.L.123-2024, SEC.6. Amended by P.L.157-2026, SEC.202.
Ind. Code § 8-14-1-5.1 — Indiana Code / Title 8 / Article 14 / Chapter 1 / Section 8-14-1-5.1
PASER rating; permissible uses of funds; requirement
Status: in_force

Sec. 5.1. (a) This section applies:

(1) beginning after June 30, 2026; and

(2) to all cities and towns except a consolidated city as described in section 5(d) of this chapter and only if the city or town uses the PASER rating system.

(b) As used in this section, "PASER" refers to the pavement surface evaluation and rating system used as part of a transportation asset management plan submitted to the local technical assistance program at Purdue University.

(c) If in the preceding calendar year:

(1) a city or town's highways have an average PASER rating of at least six (6); and

(2) not more than fifteen percent (15%) of the city or town's highways are in failed condition, as represented by a PASER rating of one (1) or two (2);

the city or town shall use at least forty percent (40%) of the money distributed from the motor vehicle highway account for the construction, reconstruction, and preservation of the city or town's highways.

As added by P.L.173-2025, SEC.10.
Ind. Code § 8-1-40-20 — Indiana Code / Title 8 / Article 1 / Chapter 40 / Section 8-1-40-20
Electricity supplier to provide necessary metering equipment; recovery of costs
Status: in_force

Sec. 20. (a) An electricity supplier shall provide and maintain the metering equipment necessary to carry out the procurement of excess distributed generation from customers in accordance with this chapter.

(b) The commission shall recognize in the electricity supplier's basic rates and charges an electricity supplier's reasonable costs for the metering equipment required under subsection (a).

As added by P.L.264-2017, SEC.6.
Ind. Code § 8-1-2.6-8 — Indiana Code / Title 8 / Article 1 / Chapter 2.6 / Section 8-1-2.6-8
Repealed
Status: repealed

As added by P.L.81-1988, SEC.2. Amended by P.L.27-2006, SEC.22. Repealed by P.L.256-2013, SEC.8.
Ind. Code § 8-10-9-8 — Indiana Code / Title 8 / Article 10 / Chapter 9 / Section 8-10-9-8
Board of directors; powers and duties
Status: in_force

Sec. 8. The board of directors of a district has and may exercise the following powers and duties:

(1) To manage and supervise, to the extent permitted by the laws of the state or the United States, the development of waterways and of related roads, highways, bridges, locks, and structures within the jurisdiction of the district.

(2) To assist other agencies of state and local government having jurisdiction over the waterways within the district.

(3) To enter into contracts in furtherance of the district's purposes including, without limitation, the construction and maintenance of waterway related facilities, including wastewater pre-treatment plants, pumps, wells, locks, wharves, piers, bridges, roads, highways, confined disposal facilities, and similar structures.

(4) To employ a professional staff to assist the board in carrying out its duties and to engage consultants, attorneys, accountants, and other professional personnel who are necessary to carry out the duties of the board.

(5) To prepare a budget annually, and to appropriate funds for the discharge of the district's purposes and duties; provided that the district shall neither appropriate nor expend any funds to support the construction, operation, or maintenance of any casino gaming boat, dock, or related facility.

(6) To raise funds by the imposition of user fees for waterways and public facilities in the district's jurisdiction subject to the following:

(A) The fees shall not exceed one hundred thousand dollars ($100,000) per year for the state fiscal years beginning July 1, 1994, and July 1, 1995.

(B) The fees shall not exceed two hundred thousand dollars ($200,000) per year for the state fiscal year beginning July 1, 1996.

(C) The fees shall not exceed three hundred thousand dollars ($300,000) per year for the state fiscal year beginning July 1, 1997.

(D) The fees shall not exceed four hundred thousand dollars ($400,000) per year for the state fiscal year beginning July 1, 1998.

(E) The fees shall not exceed five hundred thousand dollars ($500,000) per year thereafter.

(F) The fees shall be deposited into a nonreverting fund to be expended by the district in the discharge of its functions.

These fees shall be imposed on all owners of property adjacent to waterways and users of waterways and may not exceed seventy-five thousand dollars ($75,000) per year for any single owner or user.

(7) To act as a local sponsoring agency under contract or memorandum of understanding with any private party or any agency of the state government or the government of the United States in furtherance of the purposes, powers, and duties of the district.

(8) To accept grants, transfers, payments, or other conveyances of money or property in the capacity of a trustee or fiduciary in a special nonreverting fund under terms agreeable by the district and by the person, entity, individual, or agency providing the money or property for the purpose of:

(A) managing funds for the cleanup, environmental remediation, and closure of any real property on or adjacent to the waterway within the district; or

(B) establishing waste water pre-treatment plants, pumps, related equipment, and other structures, equipment, and fixtures required to maintain a confined disposal facility or similar structure on or near any waterway within the jurisdiction of the district.

(9) To perform studies and establish plans for the use and development of waterways within the district's jurisdiction in an environmentally responsible manner.

(10) To acquire and dispose of real or personal property by grant, gift, purchase, lease, devise, or otherwise.

(11) To hold, use, improve, maintain, operate, own, manage, or lease (as lessor or lessee) real or personal property, or any interest in that property.

(12) To act, when requested, as a coordinating agency for programs and activities of other public and private agencies that are related to its purposes.

As added by P.L.56-1994, SEC.2.
Ind. Code § 8-21-9-12 — Indiana Code / Title 8 / Article 21 / Chapter 9 / Section 8-21-9-12
Jurisdiction; powers and duties
Status: in_force

Sec. 12. (a) The department has jurisdiction only over two (2) major new continental or intercontinental airport facilities designed and constructed to serve a part of Indiana or adjacent states.

(b) The department may designate the location and character of all airport facilities which the department may hold, own, or over which it is authorized to act and to regulate all matters related to the location and character of the airport facilities.

(c) The department may designate the location and establish, limit, and control points of ingress to and egress from any airport property.

(d) The department may lease to others for development or operation the parts of any airport or airport facility on terms and conditions as the department considers necessary.

(e) The department may make directly, or through hiring of expert consultants, investigations, and surveys of whatever nature, including, but not limited to, studies of business conditions, freight rates, airport services, physical surveys of the conditions of structures, and the necessity for additional airports or for additional airport facilities for the development and improvement of commerce and for the more expeditious handling of commerce, and to make studies, surveys, and estimates as are necessary for the execution of its powers under this chapter.

(f) The department may 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 five thousand dollars ($5,000), the department shall make a written contract with the lowest and best bidder after advertisement for not less than two (2) consecutive weeks in a newspaper of general circulation in Marion County, Indiana, and in such other publications as the department shall determine. Such notice shall state 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 department may reject any and all bids. A bond with good and sufficient surety, as shall be approved by the department, 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.

(g) The department may fix and revise periodically and charge and collect equitable rates, fees, rentals, or other charges for the use of any airport facility or airport facilities under its control, which rates, fees, rentals, or other charges shall be in amounts reasonably related to the cost of providing and maintaining the particular airport facility or airport facilities for which these rates, fees, rentals, and other charges are established.

(h) The department may make application for, receive, and accept from any federal agency, grants for or in aid of the planning, construction, operating, or financing of any airport facility, and to receive and accept contributions from any source of either money, property, labor, or other things of value, to be held, used and applied for the purposes for which made, in each case on such terms and conditions as the department considers necessary or desirable. The department may enter into and carry out contracts and agreements in connection with this subsection.

(i) The department may appear in its own behalf before boards, commissions, departments, or other agencies of the federal government or of any state or international conference and before committees of the Congress of the United States and the general assembly of Indiana in all matters relating to the designs, establishment, construction, extension, operations, improvements, repair, or maintenance of any airport or airport facility operated and maintained by the department under this chapter, and to appear before any federal or state agencies in matters relating to air rates, airport services and charges, differentials, discriminations, labor relations, trade practices, and all other matters affecting the physical development of and the business interest of the department and those it serves.

(j) The department may contract for the services of consulting engineers, architects, attorneys, accountants, construction and financial experts, and such other individuals as are necessary in its judgment. However, the employment of an attorney shall be subject to such approval of the attorney general as may be required by law.

(k) The department may do all things necessary and proper to promote and increase commerce within its territorial jurisdiction, including cooperation with civic, technical, professional, and business organizations and associations, the office of tourism development (before July 1, 2020), the Indiana destination development corporation (after June 30, 2020), and the Indiana economic development corporation.

(l) The department may establish and maintain a traffic bureau for the purpose of advising the department as to the airport's competitive economic position with other airports.

(m) The department may contract for the use of any license, process, or device, whether patented or not, which the department finds is necessary for the operation of any airport facility, and may permit the use thereof by any lessee on such terms and conditions as the department may determine. The cost of such license, process, or device may be included as part of the cost of the airport facility.

(n) The department may issue airport revenue bonds and airport revenue funding bonds.

(o) The department may do all acts and things necessary or proper to carry out the powers expressly granted in this chapter.

Formerly: Acts 1971, P.L.105, SEC.2; Acts 1973, P.L.73, SEC.1; Acts 1975, P.L.34, SEC.8. As amended by Acts 1980, P.L.74, SEC.343; Acts 1981, P.L.41, SEC.60; P.L.4-2005, SEC.116; P.L.229-2005, SEC.7; P.L.78-2019, SEC.11.
Ind. Code § 8-2.1-23-4 — Indiana Code / Title 8 / Article 2.1 / Chapter 23 / Section 8-2.1-23-4
Money not to revert to state general fund
Status: in_force

Sec. 4. Money in the motor carrier regulation fund does not revert to the state general fund.

As added by P.L.99-1989, SEC.14. Amended by P.L.146-2020, SEC.50.
Ind. Code § 8-1-39-8 — Indiana Code / Title 8 / Article 1 / Chapter 39 / Section 8-1-39-8
"TDSIC revenues"
Status: in_force

Sec. 8. As used in this chapter, "TDSIC revenues" means revenues produced through a TDSIC and excluding revenues from all other rates and charges.

As added by P.L.133-2013, SEC.5.
Ind. Code § 8-25-2-4 — Indiana Code / Title 8 / Article 25 / Chapter 2 / Section 8-25-2-4
Repealed
Status: repealed

As added by P.L.153-2014, SEC.17. Repealed by P.L.197-2016, SEC.87.
Ind. Code § 8-1-8.8-11 — Indiana Code / Title 8 / Article 1 / Chapter 8.8 / Section 8-1-8.8-11
Incentives for clean energy projects; application to commission; commission's time for determining eligibility
Status: in_force

Sec. 11. (a) The commission shall encourage clean energy projects by creating the following financial incentives for clean energy projects, if the projects are found to be just and reasonable:

(1) The timely recovery of costs and expenses incurred during construction and operation of projects described in section 2(1), 2(2), or 2(5) of this chapter. The commission may not approve a financial incentive under this subdivision unless the commission finds that the eligible business has demonstrated that the timely recovery of costs and expenses incurred during the construction and operation of the project:

(A) is just and reasonable; and

(B) in the case of construction financing costs, will result in a gross financing costs savings over the life of the project.

(2) Financial incentives for the purchase of fuels or energy produced by a coal gasification facility or by a nuclear energy production or generating facility, including cost recovery.

(3) Financial incentives for projects to develop alternative energy sources, including renewable energy resource projects or coal gasification facilities.

(4) Other financial incentives the commission considers appropriate.

(b) An eligible business must file an application to the commission for approval of a clean energy project under this section. This chapter does not relieve an eligible business of the duty to obtain any certificate required under IC 8-1-8.5 or IC 8-1-8.7. An eligible business seeking a certificate under IC 8-1-8.5 or IC 8-1-8.7 and this chapter for one (1) project may file a single application for all necessary certificates. If a single application is filed, the commission shall consider all necessary certificates at the same time.

(c) The commission shall promptly review an application filed under this section for completeness. The commission may request additional information the commission considers necessary to aid in its review.

(d) The commission shall, after notice and hearing, issue a determination of a project's eligibility for the financial incentives described in subsection (a) not later than:

(1) one hundred twenty (120) days after the date of the application; or

(2) the time frame set forth in IC 8-1-8.5-5(b) if a certificate under IC 8-1-8.5 is required for the project;

unless the commission finds that the applicant has not cooperated fully in the proceeding.

As added by P.L.159-2002, SEC.6. Amended by P.L.150-2011, SEC.11; P.L.83-2023, SEC.5.
Ind. Code § 8-4-10-1 — Indiana Code / Title 8 / Article 4 / Chapter 10 / Section 8-4-10-1
Authority to construct and operate; eminent domain
Status: in_force

Sec. 1. (a) The owner or owners or their lessees of lands, mills, blast-furnaces, quarries, iron ore, coal mines, or other minerals, or other real estate or any company of persons who desire to construct a lateral railroad, not exceeding ten (10) miles in length, may locate and construct the lateral railroad to any other railroad, canal, or slack-water navigation on, over, through, or under any intervening lands. The engineers, agents, artists, and assistants of the owner or owners or their lessees may enter upon any intervening lands, doing no unnecessary damage, and survey, mark, and lay out a route for the proposed lateral railroad.

(b) A person described in subsection (a) may present a petition to the circuit court, superior court, or probate court of the county in which the intervening lands are situated that sets forth the beginning, course, distance, and termination of the proposed lateral railroad, together with a map or profile of the route, indicating the excavations and embankments on the route, and designating, particularly, the name or names of the owner, owners, occupant or occupants, and agent or agents of such intervening lands, with a particular description of the same. The petition must be filed in the court.

(c) After the petition is filed, the court shall appoint:

(1) one (1) disinterested freeholder of the county; and

(2) two (2) disinterested appraisers licensed under IC 25-34.1;

who are residents of Indiana as viewers. One (1) of the appraisers appointed under subdivision (2) must reside not more than fifty (50) miles from the land.

(d) After five (5) days notice, to be given by the applicant to each of the owners, occupants, or agents of the intervening lands, of the time and place, and after being duly sworn to discharge their duties fairly and honorably as viewers, the viewers shall view the proposed route as marked and laid out for the railroad. The viewers or a majority of the viewers shall assess the damages, if any, that may be sustained by the owners, separately, of the intervening lands by reason of the location, construction, and use of the proposed lateral railroad, and report the assessment in writing to the clerk of the court immediately after the assessments are made. The report shall be filed in the office of the clerk of the court.

(e) If a party does not reject the report within twenty (20) days after the filing of the report, by writing on the report "not accepted" and signing the report, the report shall be confirmed by the court. If any party rejects the report, the report shall stand for trial.

(f) At trial, the general denial to the petition and report shall be taken as filed, and all matters of defense and reply may be given in evidence under the general denial. The party rejecting the report has the affirmative of the issues. The viewers or jury trying the cause shall, in assessing damages, take into consideration the advantages that may be derived by the owner or owners of the lands passed on, over, through, or under by the proposed lateral road by its location and construction.

(g) Upon the filing of the report by the viewers in the court, the damages assessed by the viewers shall be paid to the clerk, to be tendered to the party in whose favor the damages are awarded or assessed.

(h) After payment or tender is made under this section, the person, persons, or company of persons, and their lessees described in subsection (a), may hold and take possession of the interests in the intervening lands or materials appropriated, and the privileges of using any materials on the roadway within fifty (50) feet on each side of the center of the roadway for the use described in subsection (a).

(i) The costs of the assessments by the viewers and the costs in case of trial shall be paid as in other cases.

Formerly: Acts 1869(ss), c.46, s.1. As amended by P.L.1-1990, SEC.118; P.L.113-2006, SEC.4; P.L.84-2016, SEC.38.
Ind. Code § 8-18-8-1 — Indiana Code / Title 8 / Article 18 / Chapter 8 / Section 8-18-8-1
Repealed
Status: repealed

Formerly: Acts 1932(ss), c.16, s.1. Repealed by Acts 1975, P.L.28, SEC.1.
Ind. Code § 8-15.5-5-5 — Indiana Code / Title 8 / Article 15.5 / Chapter 5 / Section 8-15.5-5-5
Public-private agreement with multiple entities
Status: in_force

Sec. 5. Notwithstanding any contrary provision of this article, the authority may enter into a public-private agreement with multiple private entities or with another governmental entity, if the authority determines in writing that it is in the public interest to do so.

As added by P.L.47-2006, SEC.39. Amended by P.L.91-2014, SEC.27.
Ind. Code § 8-14-10-9 — Indiana Code / Title 8 / Article 14 / Chapter 10 / Section 8-14-10-9
Crossroads 2000 fund
Status: in_force

Sec. 9. (a) The crossroads 2000 fund is established for the purpose of constructing or reconstructing state highways. The crossroads 2000 fund consists of distributions received under IC 9.

(b) The crossroads 2000 fund shall be administered by the department. The treasurer of state shall invest the money in the crossroads 2000 fund not currently needed to meet the obligations of the crossroads 2000 fund in the same manner as other public funds may be invested.

(c) Money in the crossroads 2000 fund at the end of a state fiscal year does not revert to the state general fund.

(d) The department may use the money in the crossroads 2000 fund only to pay the following costs:

(1) The cost of construction or reconstruction of a state highway.

(2) The cost of acquisition of all land, rights-of-way, property, rights, easements, and any other legal or equitable interests acquired by the department for the construction or reconstruction of a state highway, including the cost of any relocations incident to the acquisition.

(3) The cost of demolishing or removing any buildings, structures, or improvements on property acquired by the department for the construction or reconstruction of a state highway.

(4) Engineering and legal expenses and the costs of plans, specifications, surveys, estimates, and any necessary feasibility studies.

(5) Payment of rentals and performance of other obligations under contracts or leases securing bonds issued under IC 8-14.5-6.

As added by P.L.260-1997(ss), SEC.52. Amended by P.L.246-2005, SEC.78; P.L.92-2013, SEC.3; P.L.216-2014, SEC.10; P.L.257-2017, SEC.19; P.L.179-2017, SEC.1; P.L.256-2017, SEC.94.
Ind. Code § 8-1-28-7 — Indiana Code / Title 8 / Article 1 / Chapter 28 / Section 8-1-28-7
Order approving plan; conditions
Status: in_force

Sec. 7. The commission shall issue an order approving an environmental compliance plan if the commission:

(1) finds that the environmental compliance plan:

(A) is reasonably designed to meet or exceed applicable requirements of the Safe Drinking Water Act or Clean Water Act;

(B) constitutes a reasonable and least cost strategy consistent with providing reliable, efficient, and economical water service; and

(C) is in the public interest; and

(2) approves the cost and schedule estimate for developing and implementing the environmental compliance plan.

As added by P.L.76-1991, SEC.2.
Ind. Code § 8-9.5-8-4.1 — Indiana Code / Title 8 / Article 9.5 / Chapter 8 / Section 8-9.5-8-4.1
Repealed
Status: repealed

As added by P.L.5-1996, SEC.9. Repealed by P.L.235-2005, SEC.212.
Ind. Code § 8-15.7-8-6 — Indiana Code / Title 8 / Article 15.7 / Chapter 8 / Section 8-15.7-8-6
Powers of authority to finance qualifying project
Status: in_force

Sec. 6. (a) For the purpose of financing a qualifying project, the authority may enter into agreements, leases, or subleases with the department or an operator, or both, and do the following:

(1) Issue bonds, debt, or other obligations under IC 5-1.2-4, IC 8-15-2, or IC 8-15.7-9.

(2) Enter into loan agreements or other credit facilities.

(3) Secure any financing with a pledge of, security interest in, or lien on all or part of a property subject to the agreement, including all of the party's property interests in the qualifying project.

(4) Subject to review by the budget committee established in IC 4-12-1-3 and approval by the budget director appointed under IC 4-12-1-3:

(A) establish a procedure for the authority or a person acting on behalf of the authority to certify to the general assembly the amount needed to pay costs incurred under a public-private agreement; or

(B) otherwise create a moral obligation of the state to pay all or part of any costs incurred by the authority under a public-private agreement.

(b) The department and an operator may transfer any interest in property that the department or operator has to the authority to secure the financing.

(c) If items submitted for review under subsection (a)(4) provide for any tolls, the budget committee shall hold a meeting and conduct a review of the items not later than ninety (90) days after the date the items are submitted for review.

As added by P.L.47-2006, SEC.40. Amended by P.L.163-2011, SEC.16; P.L.189-2018, SEC.99.
Ind. Code § 8-15-3-17 — Indiana Code / Title 8 / Article 15 / Chapter 3 / Section 8-15-3-17
Contracts, leases, and other agreements
Status: in_force

Sec. 17. The department may make and enter into all leases, licenses, conveyances, contracts, and agreements necessary or incidental to the performance of the department's duties and the execution of the department's powers under this chapter and IC 8-15.7.

As added by P.L.386-1987(ss), SEC.13. Amended by P.L.47-2006, SEC.27.
Ind. Code § 8-1-40.5-16 — Indiana Code / Title 8 / Article 1 / Chapter 40.5 / Section 8-1-40.5-16
Securitization bonds not debt, obligation, or charge on credit or taxing power of state; state covenant with respect to securitization bonds
Status: in_force

Sec. 16. (a) Securitization bonds are not:

(1) a debt or obligation of the state; or

(2) a charge on the state's full faith and credit or on the state's taxing power.

(b) The state pledges, for the benefit and protection of financing parties and electric utilities under this chapter, that it will not:

(1) take or permit any action that would impair the value of securitization property; or

(2) reduce or alter, except as authorized by section 12(c) of this chapter, or impair securitization charges to be imposed, collected, and remitted to financing parties under this chapter;

until the principal, interest, and premium, and other charges incurred, or contracts to be performed, in connection with the related securitization bonds have been paid or performed in full. Any party issuing securitization bonds is authorized to include the pledge set forth in this subsection in any documentation relating to those bonds.

As added by P.L.80-2021, SEC.1.
Ind. Code § 8-23-26-13 — Indiana Code / Title 8 / Article 23 / Chapter 26 / Section 8-23-26-13
Facilities relocation plan; failure to relocate customer service facilities
Status: in_force

Sec. 13. If a utility does not carry out the utility's responsibilities under section 10 of this chapter within six (6) months after the department has requested, in writing, a facilities relocation plan, the department may cause the relocation of the customer service facilities to occur.

As added by P.L.63-1992, SEC.4.
Ind. Code § 8-18-22-5 — Indiana Code / Title 8 / Article 18 / Chapter 22 / Section 8-18-22-5
Optional provisions of ordinance
Status: in_force

Sec. 5. An ordinance authorizing the issuance of bonds under this chapter or trust indenture under which the bonds are issued may contain the following provisions:

(1) Pledging revenues of the county to secure the payment of the bonds, subject to section 6 of this chapter and existing agreements with bondholders.

(2) Setting aside reserves or sinking funds and the regulation and disposition of these funds.

(3) Limitations on the purposes to which the proceeds from the sale of bonds may be applied.

(4) Limitations on the issuance of additional bonds, the terms upon which additional bonds may be issued and secured, and the refunding of outstanding or other bonds.

(5) The procedure, if any, by which the terms of a contract with bondholders may be amended or abrogated and the manner in which the consent to the amendment or abrogation may be given.

(6) Vesting in a trustee property, rights, powers, and trust as the county fiscal body determines, and limiting or abrogating the right of the bondholders to appoint a trustee or to limit the rights, powers, and duties of the trustee.

(7) Defining acts or omissions that will constitute a default and the obligations or duties of the county fiscal body to the bondholders and providing for the rights and remedies of the bondholders in the event of default. However, the rights and remedies must not be inconsistent with this chapter or other laws of this state.

(8) A covenant that the fiscal body will not repeal or adversely modify the taxes or sources of revenue that are pledged to secure the payment of the bonds.

(9) Any other matter that affects the security or protection of the bondholders.

As added by P.L.113-1989, SEC.9.
Ind. Code § 8-1.5-4-18 — Indiana Code / Title 8 / Article 1.5 / Chapter 4 / Section 8-1.5-4-18
Special taxing district bonds of the waterworks district; issuance
Status: in_force

Sec. 18. (a) To procure money to pay for the required property and the erection and construction of the proposed work, and in anticipation of the collection of the special benefit tax, the board may issue, in the name of the municipality, the special taxing district bonds of the waterworks district. The bonds may exceed the total cost of the work and property to be acquired as provided for in the resolution, including:

(1) all expenses necessarily incurred for supervision and inspection during the period of construction; and

(2) expenses actually incurred preliminary to the acquiring of the necessary property and the construction of the work, including the cost of records, engineering expenses, publication of notices, salaries, and other expenses incurred, before and in connection with the acquiring of the property, the letting of the contract, and the sale of bonds.

(b) After adopting a resolution authorizing the bonds, the board shall certify a copy of the resolution to the municipal fiscal officer, who shall then prepare the bonds. The bonds shall be executed by the municipal executive and attested by the fiscal officer. The bonds are exempt from taxation as provided by IC 6-8-5. All bonds issued by the board shall be sold by the fiscal officer under IC 5-1-11.

(c) The board may not issue bonds of the waterworks district, payable by special taxation, when the total of the outstanding bonds of the district, including the bonds already issued and to be issued, exceeds eight percent (8%) of the total adjusted value of taxable property in the district as determined under IC 36-1-15.

(d) The bonds are not a corporate obligation or indebtedness of the municipality, but are an indebtedness of the waterworks district. The bonds and interest are payable out of a special benefit tax levied upon all of the property of the waterworks district, or by any other means including revenues, cash on hand, and cash in depreciation or reserve accounts.

(e) The bonds must recite the terms upon their face, together with the purpose for which they are issued. An action to question the validity of the bonds issued for the waterworks district or to prevent their issuance may not be brought after the date fixed for the sale of the bonds.

As added by Acts 1982, P.L.74, SEC.1. Amended by P.L.6-1997, SEC.131.
Ind. Code § 8-3-21-10 — Indiana Code / Title 8 / Article 3 / Chapter 21 / Section 8-3-21-10
Reporting requirement
Status: in_force

Sec. 10. (a) Before January 1, 2026, the governor shall give notice under section 8 of this chapter to each other party state, if any, as required by the compact, that the State of Indiana withdraws from the compact, effective January 1, 2026.

(b) Before January 1, 2026, the governor shall certify to the legislative council one (1) of the following:

(1) That the notice of withdrawal has been given to each party state as is required by the compact.

(2) That notice was not required to be given because there are not any other party states to which to give notice.

As added by P.L.161-2025, SEC.12.
Ind. Code § 8-1-39-12 — Indiana Code / Title 8 / Article 1 / Chapter 39 / Section 8-1-39-12
Commission hearing and order on TDSIC petition; examination by utility consumer counselor and intervenors; new projects or improvements
Status: in_force

Sec. 12. (a) Not more than one hundred twenty (120) days after a public utility files a petition under section 9 of this chapter, the commission shall conduct a hearing and issue an order on the petition.

(b) Not more than sixty (60) days after a public utility files a petition under section 9 of this chapter, the office of the utility consumer counselor and other intervenors, if any, may:

(1) examine the information of the public utility to confirm that the proposed transmission, distribution, and storage system improvements comply with this chapter; and

(2) report its findings to the commission.

(c) If the commission determines that the petition satisfies the requirements of this chapter and the capital expenditures and TDSIC costs are reasonable, the commission shall approve the petition, including:

(1) capital expenditures;

(2) timely recovery of TDSIC costs, including costs associated with a targeted economic development project, through a TDSIC; and

(3) if requested, authority to defer TDSIC costs under section 9(c) of this chapter.

(d) If the public utility has requested approval of new targeted economic development projects or new transmission, distribution, and storage system improvements under section 9(b) of this chapter, the commission's order must include the following:

(1) A finding of the best estimate of the cost of the new projects or improvements.

(2) A determination whether public convenience and necessity require or will require the new projects or improvements.

(3) A determination whether the estimated costs of the new projects or improvements are justified by incremental benefits attributable to the new projects or improvements.

If the commission determines that the public utility's new projects or improvements are reasonable, the commission shall approve the new projects or improvements and authorize TDSIC treatment for the new projects or improvements.

As added by P.L.133-2013, SEC.5. Amended by P.L.89-2019, SEC.6.
Ind. Code § 8-3-3-1 — Indiana Code / Title 8 / Article 3 / Chapter 3 / Section 8-3-3-1
Freight and passenger service
Status: in_force

Sec. 1. The corporate power of street and interurban railroad corporations and steam railroad corporations, organized under the laws of this state, is hereby extended and shall be construed to include the power to acquire, own and operate motor vehicles along and over the streets and highways of the state for the transportation for hire of passengers and freight, either directly or through a subsidiary company or companies, subject to all provisions of law concerning permits, licenses and regulation of such form of transportation for motor vehicles.

Formerly: Acts 1925, c.122, s.1.
Ind. Code § 8-14.5-3-4 — Indiana Code / Title 8 / Article 14.5 / Chapter 3 / Section 8-14.5-3-4
Payment of transportation system costs
Status: in_force

Sec. 4. The authority may pay the cost of construction of a project or of owning or leasing transportation systems from any funds available to the authority under this article or any other law.

As added by P.L.68-1988, SEC.12.
Ind. Code § 8-1-13-7 — Indiana Code / Title 8 / Article 1 / Chapter 13 / Section 8-1-13-7
Board of directors; powers and duties
Status: in_force

Sec. 7. The board shall have power to do all things necessary or convenient in conducting the business of the corporation, including but not limited to:

(a) The power to make, alter, amend or repeal by-laws for the regulation and management of the affairs of the corporation not inconsistent with law or with the articles of incorporation.

(b) To appoint agents and employees and to fix their compensation and the compensation of the officers of the corporation.

(c) To execute instruments.

(d) To delegate to one (1) or more of the directors or to the agents and employees of a corporation such powers and duties as it may deem proper.

(e) To make its own rules and regulations as to its procedure.

Formerly: Acts 1935, c.175, s.7; Acts 1937, c.258, s.4.
Ind. Code § 8-1-27-1 — Indiana Code / Title 8 / Article 1 / Chapter 27 / Section 8-1-27-1
"Clean Air Act" defined
Status: in_force

Sec. 1. As used in this chapter, "Clean Air Act" refers to the federal Clean Air Act (42 U.S.C. 7401 et seq.) and regulations adopted under the federal Clean Air Act.

As added by P.L.76-1991, SEC.1.
Ind. Code § 8-4-1-24 — Indiana Code / Title 8 / Article 4 / Chapter 1 / Section 8-4-1-24
Employees; identification badges
Status: in_force

Sec. 24. Every conductor, baggagemaster, engineer, brakeman, or other servant of any such railroad corporation, employed on a passenger train or at stations for passengers, shall wear upon his hat or cap a badge, which shall indicate his office and the initialed letters of the style of the corporation by which he is employed. No collector or conductor, without such badge, shall demand or be entitled to receive from any passenger any fare, toll or ticket, or exercise any of the powers of his office; and no other of said officers or servants, without such badge, shall have any authority to meddle or interfere with any passenger or property.

Formerly: Acts 1852, 1RS, c.83, s.24.
Ind. Code § 8-15-3-27.5 — Indiana Code / Title 8 / Article 15 / Chapter 3 / Section 8-15-3-27.5
Rules restricting use of lanes
Status: in_force

Sec. 27.5. (a) The rules adopted under section 26 or 27 of this chapter may include restrictions on the use of one (1) or more lanes on any part of a tollway as necessary, appropriate, or desirable for financing the tollway or to reduce congestion, increase mobility, promote fuel conservation, achieve operating efficiencies, or promote public safety. The restrictions may include limiting use of one (1) or more lanes to private vehicles, high occupancy vehicles, vehicles that participate in an electronic tolling program, trucks, commercial vehicles, special fuel vehicles, transit vehicles, or vehicles that pay a higher toll for exclusive use of a dedicated lane. The rules may require a person eligible to use a restricted lane to obtain the permit specified by the department or an operator, as permitted under a public-private agreement.

(b) The department may require that an electronic device or other identification device specified by the department or by an operator as permitted under a public-private agreement be maintained in a vehicle using a restricted lane on a tollway.

(c) The department may construct barriers or implement other design, construction, or operational features to implement a managed lane, express lane, or other program under this section.

As added by P.L.47-2006, SEC.34.
Ind. Code § 8-25-4-1 — Indiana Code / Title 8 / Article 25 / Chapter 4 / Section 8-25-4-1
Authorization to carry out a public transportation project
Status: in_force

Sec. 1. An eligible county may carry out a public transportation project in accordance with the powers granted to the county by IC 36-9-2 and this article.

As added by P.L.153-2014, SEC.17.
Ind. Code § 8-17-1-25 — Indiana Code / Title 8 / Article 17 / Chapter 1 / Section 8-17-1-25
Repealed
Status: repealed

Formerly: Acts 1919, c.112, s.26. As amended by P.L.66-1984, SEC.83; P.L.17-1985, SEC.7; P.L.86-1988, SEC.89. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-3-22-10 — Indiana Code / Title 8 / Article 3 / Chapter 22 / Section 8-3-22-10
Severability; effect of rulings in other states; liberal construction
Status: in_force

Sec. 10. (a) The provisions of this compact are severable, and if a phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of a compacting state or of the United States or the applicability of this compact to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability of this compact to any government, agency, person, or circumstance is not affected.

(b) If this compact entered into is held contrary to the constitution of a compacting state, the compact remains in full force and effect for the remaining states and in full force and effect for the state affected as to all severable matters.

(c) The provisions of this compact shall be liberally construed to effectuate the purposes of the compact.

As added by P.L.131-2000, SEC.1.
Ind. Code § 8-4.5-3-3 — Indiana Code / Title 8 / Article 4.5 / Chapter 3 / Section 8-4.5-3-3
Updated list of priorities
Status: in_force

Sec. 3. The departments annually shall update the list prepared under section 1(1) of this chapter and the priorities set under section 1(2) of this chapter based on the following:

(1) Annual system diagram map and supplemental information submitted to the state agencies identifying potential abandonment applications.

(2) Changes in local agency interest.

(3) Availability of funds.

(4) Possible future uses for rail, transit, highway, bicycle, pedestrian, utility, communication, or recreation corridors.

As added by P.L.40-1995, SEC.3. Amended by P.L.133-2012, SEC.58.
Ind. Code § 8-1.5-5-8 — Indiana Code / Title 8 / Article 1.5 / Chapter 5 / Section 8-1.5-5-8
Fixing and setting aside revenues
Status: in_force

Sec. 8. The board may fix and set aside:

(1) revenues of the department necessary for reasonable and proper operation and maintenance;

(2) revenues for a proper and adequate depreciation account; and

(3) revenues to be applied to the payment of the principal and interest of the authorized bonds.

As added by P.L.125-1987, SEC.1.
Ind. Code § 8-2.1-22-11 — Indiana Code / Title 8 / Article 2.1 / Chapter 22 / Section 8-2.1-22-11
Repealed
Status: repealed

As added by P.L.99-1989, SEC.13. Repealed by P.L.205-2025, SEC.29.
Ind. Code § 8-23-1.1-43 — Indiana Code / Title 8 / Article 23 / Chapter 1.1 / Section 8-23-1.1-43
"Trimovement sign"
Status: in_force

Sec. 43. "Trimovement sign" means a sign that displays three (3) separate images sequentially by rotating triangular cylinders.

As added by P.L.145-2026, SEC.37.
Ind. Code § 8-9.5-9-8 — Indiana Code / Title 8 / Article 9.5 / Chapter 9 / Section 8-9.5-9-8
Payments under swap agreements
Status: in_force

Sec. 8. (a) With respect to all leases and contracts entered into by the authority with the Indiana department of transportation, the Indiana department of administration, a fund or program established under IC 5-1.2-10, or any other entity to support obligations, the lease or contract may provide that payments under a swap agreement are treated as a debt service on the obligations or as additional rental or other payment due under the lease or contract as the authority may determine.

(b) The authority may determine that payments under a swap agreement may be integrated with payments on obligations for the purpose of meeting any statutory requirements related to the issuance of obligations.

As added by P.L.55-1994, SEC.1. Amended by P.L.273-1999, SEC.48; P.L.189-2018, SEC.70.
Ind. Code § 8-1-32-12 — Indiana Code / Title 8 / Article 1 / Chapter 32 / Section 8-1-32-12
Commission's jurisdiction not reduced or superseded
Status: in_force

Sec. 12. This chapter does not reduce or supersede the commission's jurisdiction under IC 8-1-2-86 and IC 8-1.5-6.

As added by P.L.94-2000, SEC.2. Amended by P.L.213-2014, SEC.6.
Ind. Code § 8-14-12-1 — Indiana Code / Title 8 / Article 14 / Chapter 12 / Section 8-14-12-1
"Grant" defined
Status: in_force

Sec. 1. As used in this chapter, "grant" refers to a historic bridge maintenance grant under this chapter.

As added by P.L.158-2001, SEC.1.
Ind. Code § 8-18-21-16 — Indiana Code / Title 8 / Article 18 / Chapter 21 / Section 8-18-21-16
Handling and expenditure of authority money; surety bonds
Status: in_force

Sec. 16. (a) Except as otherwise provided in this chapter, all money coming into possession of the toll road authority shall be deposited, held, and secured in accordance with the general statutes concerning the handling of public funds. The handling and expenditure of money coming into possession of the authority is subject to audit and supervision by the state board of accounts.

(b) Any employee of the toll road authority authorized to receive, disburse, or in any other way handle money or negotiable securities of the authority shall execute a bond payable to the state, with surety to consist of a surety or guaranty corporation qualified to do business in Indiana. The bond must be in an amount determined by the board of directors of the authority and must be conditioned upon the faithful performance of the employee's duties and the accounting for all money and property that may come into his hands or under his control. The cost of the bond shall be paid by the authority.

As added by P.L.386-1987(ss), SEC.21.
Ind. Code § 8-1-31.5-7 — Indiana Code / Title 8 / Article 1 / Chapter 31.5 / Section 8-1-31.5-7
"Eligible utility"
Status: in_force

Sec. 7. As used in this chapter, "eligible utility" means a:

(1) public utility;

(2) municipally owned utility; or

(3) not-for-profit utility;

that provides water or wastewater service and is under the jurisdiction of the commission for the approval of rates and charges.

As added by P.L.104-2016, SEC.3.
Ind. Code § 8-23-9-0.5 — Indiana Code / Title 8 / Article 23 / Chapter 9 / Section 8-23-9-0.5
Application of price preference provision
Status: in_force

Sec. 0.5. Notwithstanding any provision to the contrary in this chapter, and only to the extent that a bid does not exceed the estimated cost of the project, IC 5-22-15-26 applies to any proposal, contract, project, or agreement that is subject to the provisions of this chapter.

As added by P.L.213-2025, SEC.104.
Ind. Code § 8-8-1-5 — Indiana Code / Title 8 / Article 8 / Chapter 1 / Section 8-8-1-5
Application of law
Status: in_force

Sec. 5. The provisions of sections 1, 2, and 4 of this chapter shall also apply to locomotives, cars, and trains used in passenger traffic between points within this state, in so far as the same are applicable to the vehicles used in passenger train traffic; provided, that none of the provisions of sections 1, 2, 3, and 4 of this chapter shall apply to any street railroad, interurban, or suburban street railroad.

Formerly: Acts 1907, c.118, s.5. As amended by P.L.62-1984, SEC.104.
Ind. Code § 8-25-3-4 — Indiana Code / Title 8 / Article 25 / Chapter 3 / Section 8-25-3-4
Ordinance to impose taxes prohibited unless taxes were described in the enabling ordinance and the public question
Status: in_force

Sec. 4. The fiscal body of an eligible county may not adopt an ordinance imposing a tax rate or a tax for a public transportation project unless the tax rate or tax was described in an ordinance adopted under IC 8-25-2-1 and in the local public question on the approval of the public transportation project.

As added by P.L.153-2014, SEC.17.
Ind. Code § 8-4-27-2 — Indiana Code / Title 8 / Article 4 / Chapter 27 / Section 8-4-27-2
Acquiring corporation; certificate of articles of incorporation; filing; powers and duties
Status: in_force

Sec. 2. In case the whole or any part of any railroad situate within this state (a part of which is situate in another state) shall become vested in a corporation of such other state, and such corporation shall also acquire a part of such railroad situate in such other state, the said corporation may exercise and enjoy, within this state, for the purposes of such railroad and its business, all the powers, rights, privileges, immunities, and franchises of a railroad corporation organized under the statutes of this state; provided, that such corporation shall have filed, in the office of the secretary of state of this state, a copy of its certificate of articles of incorporation, certified by the secretary of state of such other state; and provided, further, that the corporation which acquires any such railroad shall hold and operate the part thereof so acquired in this state, and shall exercise the powers, rights, privileges, immunities, and franchises hereby conferred, subject to all the rights, powers, privileges, duties, and obligations prescribed by the general laws of this state, for the regulation, government, taxation, or control of railroad companies organized under the laws of this state; and provided, further, that this chapter shall not be construed as authorizing any railroad company to purchase any parallel and competing line of railroad in this state.

Formerly: Acts 1921, c.11, s.2. As amended by P.L.62-1984, SEC.82.
Ind. Code § 8-22-3.7-14 — Indiana Code / Title 8 / Article 22 / Chapter 3.7 / Section 8-22-3.7-14
Leases; authority approval of plans and specifications of project
Status: in_force

Sec. 14. If the lease provides for an airport project or improvements to an airport project to be constructed by the development authority, the plans and specifications shall be submitted to and approved by the authority.

As added by P.L.108-1993, SEC.11.
Ind. Code § 8-1-2-116 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-116
Orders and decisions; compliance
Status: in_force

Sec. 116. A substantial compliance with the requirements of this chapter shall be sufficient to give effect to all the rules, orders, acts, and regulations of the commission, and they shall not be declared inoperative, illegal, or void for any omission of a technical nature in respect thereto.

Formerly: Acts 1913, c.76, s.125. As amended by P.L.59-1984, SEC.46.
Ind. Code § 8-23-9-60 — Indiana Code / Title 8 / Article 23 / Chapter 9 / Section 8-23-9-60-b
Structural steel welding
Status: in_force

Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027.

Sec. 60. (a) As used in this section, "adequate welding standards" means specifications, guidelines, tests, and other methods used to ensure that all structural steel welds meet, at minimum, the codes and standards for such welds established in the welding code and under rules adopted by the department of homeland security.

(b) As used in this section, "certified welding inspector" means a person who has been certified by the American Welding Society to inspect structural steel welding projects and conduct welder qualification tests.

(c) As used in this section, "structural steel welding" means structural welds, weld repair, the structural system, and the welding of all primary steel members of a structure in accordance with the welding code. The term does not include welding that is required by the American Society of Mechanical Engineers to have its own certification.

(d) As used in this section, "welding code" refers to the American Welding Society structural steel welding code D1.1, as in effect on July 1, 2023.

(e) A contractor whose workers are welding the structural steel on a project shall ensure that all of the following occur:

(1) The workers performing the structural steel welding have been tested by, and hold a valid certification from, a facility that, or an individual who, has been accredited by the American Welding Society to test and certify welders and welding inspectors.

(2) All structural steel welds performed for the project meet adequate welding standards and follow the project's special provisions.

(3) All structural steel welding inspections listed in the project's special provisions are completed by a certified welding inspector.

(f) If the department reasonably suspects a contractor has violated this section, the department shall require the contractor to remedy the violation not later than thirty (30) days after the department notifies the contractor of the violation. The notification to the contractor must be signed by the commissioner and sent by a method that enables the department to verify receipt of the notice by the contractor. During the thirty (30) day period, the contractor may continue to work on the project. If the contractor fails to remedy the violation within the thirty (30) day period, the department shall find the contractor not responsible and determine the length of time the contractor is considered not responsible by the department.

(g) In making the determination of the length of time a contractor is not responsible under subsection (f), the department shall consider the severity of the violation. The period during which a contractor is considered not responsible:

(1) may not exceed forty-eight (48) months; and

(2) begins on the date of substantial completion of the project.

(h) A finding by the department under subsection (f) that a contractor is not responsible may not be used by another state agency or a political subdivision in making a determination as to whether the contractor is responsible for purposes of that state agency's or political subdivision's award of a public works contract to that contractor.

As added by P.L.70-2023, SEC.2. Amended by P.L.152-2026, SEC.85.
Ind. Code § 8-15.7-5-7 — Indiana Code / Title 8 / Article 15.7 / Chapter 5 / Section 8-15.7-5-7
Amendment of public-private agreement
Status: in_force

Sec. 7. Any changes in the terms of the public-private agreement agreed to by the parties shall be added to the public-private agreement by written amendment.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-3-1-22 — Indiana Code / Title 8 / Article 3 / Chapter 1 / Section 8-3-1-22
Abandoned railroad rights-of-way intersecting or crossing public highways; resurfacing
Status: in_force

Sec. 22. If the department determines that the right-of-way of a railroad which intersects or crosses a public highway or street is abandoned, any unit of government may resurface that intersection or crossing.

As added by Acts 1982, P.L.75, SEC.2. Amended by P.L.384-1987(ss), SEC.32.
Ind. Code § 8-1-46-25 — Indiana Code / Title 8 / Article 1 / Chapter 46 / Section 8-1-46-25
Commission's annual report; inclusion of information concerning multi-year rate plans; electricity supplier's duty to provide information; protection of confidential information
Status: in_force

Sec. 25. (a) Beginning in 2029, the commission shall include in the annual report that the commission is required to submit under IC 8-1-1-14 before October 1 of each year the following information as of the last day of the most recently concluded state fiscal year:

(1) For each electricity supplier that is subject to this chapter, the date of the electricity supplier's most recently filed petition for approval of a multi-year rate plan under this chapter.

(2) For each petition listed under subdivision (1):

(A) the date of the commission's final order approving the multi-year rate plan; or

(B) if the petition is pending before the commission, the procedural status of the petition.

(3) For each electricity supplier that is subject to this chapter, the beginning and end dates of the electricity supplier's current multi-year rate plan under this chapter, to the extent applicable in a report submitted under this section before 2030.

(4) For each electricity supplier that is subject to this chapter, the electricity supplier's calculated:

(A) customer affordability performance metric; and

(B) service restoration performance metric;

for the current rate year in the electricity supplier's multi-year rate plan under this chapter, to the extent applicable in a report submitted under this section before 2030.

(5) For each electricity supplier that is subject to this chapter, any available data as to the impact on customer rates of the electricity supplier's applicable:

(A) customer affordability performance metric; and

(B) service restoration performance metric;

during the most recently concluded rate year under a multi-year rate plan of the electricity supplier under this chapter.

(6) Any other quantitative or qualitative information that the commission considers relevant for members of:

(A) the interim study committee on energy, utilities, and telecommunications established by IC 2-5-1.3-4(8); and

(B) the general assembly;

to consider in evaluating multi-year rate plans under this chapter.

(b) Subject to subsection (c), an electricity supplier shall provide the commission, at the time and in the manner prescribed by the commission, any information or related materials required by the commission to fulfill the commission's reporting obligations under subsection (a).

(c) Upon request by an electricity supplier, the commission shall determine whether any information or related materials required by the commission under subsection (b):

(1) are confidential under IC 5-14-3-4;

(2) are exempt from public access and disclosure by Indiana law; and

(3) must be treated as confidential and protected from public access and disclosure by the commission.

As added by P.L.36-2026, SEC.10.
Ind. Code § 8-1-31-5.5 — Indiana Code / Title 8 / Article 1 / Chapter 31 / Section 8-1-31-5.5
"Infrastructure improvement costs"
Status: in_force

Sec. 5.5. As used in this chapter, "infrastructure improvement costs" means the following:

(1) For a public utility:

(A) depreciation expenses, including deferred depreciation expense beginning with the in service date of eligible infrastructure improvements;

(B) property taxes to be paid by the public utility based upon the first assessment date following placement in service;

(C) pretax return; and

(D) post in service carrying costs, compounded monthly and based on the overall weighted cost of capital most recently approved by the commission;

associated with eligible infrastructure improvements.

(2) The following for a municipally owned utility:

(A) Depreciation expenses.

(B) Adequate money for making extensions and replacements of eligible infrastructure improvements to the extent not provided for through depreciation, as provided in IC 8-1.5-3-8(c).

(C) Debt service on funds borrowed to pay for eligible infrastructure improvements.

(D) To the extent applicable, property taxes to be paid by the municipally owned utility based upon the first assessment date following placement in service of eligible infrastructure improvements.

(3) The following for a not-for-profit utility:

(A) Debt service on funds borrowed to pay for eligible infrastructure improvements.

(B) Adequate money for making extensions and replacements of eligible infrastructure improvements.

(C) To the extent applicable, property taxes to be paid by the not-for-profit utility based upon the first assessment date following placement in service of eligible infrastructure improvements.

As added by P.L.209-2014, SEC.7. Amended by P.L.212-2015, SEC.4; P.L.61-2022, SEC.5; P.L.24-2025, SEC.4.
Ind. Code § 8-15.5-10-6 — Indiana Code / Title 8 / Article 15.5 / Chapter 10 / Section 8-15.5-10-6
Impairment of public-private agreement by authority prohibited
Status: in_force

Sec. 6. The authority may not take any action under this chapter that would impair the public-private agreement entered into under this article.

As added by P.L.47-2006, SEC.39.
Ind. Code § 8-1-34-21 — Indiana Code / Title 8 / Article 1 / Chapter 34 / Section 8-1-34-21
Election to operate under local franchise; termination of local franchise; notice; outstanding and prepaid franchise fees
Status: in_force

Sec. 21. (a) For purposes of this section, a provider is considered to be a holder of a local franchise on June 30, 2006, if:

(1) the provider; or

(2) any affiliate or successor entity of the provider;

holds a local franchise to provide video service in a unit on June 30, 2006.

(b) After June 30, 2006, a provider that is the holder of a local franchise on June 30, 2006, regardless of whether the provider is the incumbent provider in the local franchise service area, may elect to:

(1) continue providing video service under the local franchise until the local franchise expires; or

(2) subject to section 22 of this chapter, terminate the local franchise and apply to the commission for a certificate under this chapter.

(c) A provider that elects to terminate a local franchise under subsection (b) must provide written notice of the provider's election to:

(1) the commission; and

(2) the affected unit;

not later than November 1, 2006. The local franchise is terminated on the date the commission issues a certificate to the provider under this chapter.

(d) Not later than ninety (90) days after a local franchise is terminated under subsection (c), the provider that terminated the local franchise shall remit to the affected unit any accrued but unpaid franchise fees due under the local franchise. If the provider has credit remaining from any prepaid franchise fees, the provider may deduct the amount of the credit from any future fees or taxes owed to the affected unit.

As added by P.L.27-2006, SEC.58.
Ind. Code § 8-23-28-4 — Indiana Code / Title 8 / Article 23 / Chapter 28 / Section 8-23-28-4
Local planning and zoning
Status: in_force

Sec. 4. This chapter does not affect local planning and zoning actions taken within the River Ridge Commerce Corridor under IC 36-7.

As added by P.L.88-2011, SEC.1.
Ind. Code § 8-14.5-1-2 — Indiana Code / Title 8 / Article 14.5 / Chapter 1 / Section 8-14.5-1-2
Supplemental and additional powers conferred by article
Status: in_force

Sec. 2. This article provides an additional and alternative method for doing the things authorized by this article, and is supplemental and additional to powers conferred by other laws and not in derogation of any other powers.

As added by P.L.68-1988, SEC.12.
Ind. Code § 8-20-1-28 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-28
Public and municipally owned utilities; poles, facilities, appliances, and fixtures
Status: in_force

Sec. 28. Public and municipally owned utilities are authorized to construct, operate, and maintain their poles, facilities, appliances, and fixtures upon, along, under, and across any of the public roads, highways, and waters outside of municipalities, as long as they do not interfere with the ordinary and normal public use of the roadway, as defined in IC 9-13-2-157. However, the utility shall review its plans with the county executive before locating the pole, facility, appliance, or fixture, and the county executive shall comply with IC 8-1-2-101. The utility may trim any tree along the road or highway, but may not cut down and remove the tree without the consent of the abutting property owners, unless the cutting or removal is required by rule or order of the Indiana utility regulatory commission. The utility may not locate a pole where it interferes with the ingress or egress from adjoining land.

Formerly: Acts 1905, c.167, s.38; Acts 1911, c.161, s.1. As amended by P.L.86-1988, SEC.181; P.L.2-1991, SEC.62; P.L.177-2021, SEC.11.
Ind. Code § 8-14-10-10 — Indiana Code / Title 8 / Article 14 / Chapter 10 / Section 8-14-10-10
Grant anticipation fund
Status: in_force

Sec. 10. (a) The grant anticipation fund is established to construct and reconstruct state highways. The grant anticipation fund consists of distributions of federal highway revenues (as defined in IC 8-14.5-7-2) made under IC 8-23-3-11.

(b) The grant anticipation fund shall be administered by the department. The treasurer of state shall invest the money in the grant anticipation fund not currently needed to meet the obligations of the grant anticipation fund in the same manner as other public funds may be invested.

(c) Money in the grant anticipation fund at the end of a state fiscal year does not revert to the state general fund.

(d) The department may use the money in the grant anticipation fund only to pay the following costs:

(1) The cost of construction or reconstruction of a highway improvement project.

(2) The cost of acquisition of all land, rights-of-way, property, rights, easements, and any other legal or equitable interests acquired by the department for the construction or reconstruction of a highway improvement project, including the cost of any relocations incident to the acquisition.

(3) The cost of demolishing or removing any buildings, structures, or improvements on property acquired by the department for the construction or reconstruction of a highway improvement project.

(4) Engineering and legal expenses and the costs of plans, specifications, surveys, estimates, and any necessary feasibility studies.

(5) Payment of rentals and performance of other obligations under contracts or leases relating to highway improvement projects securing grant anticipation revenue bonds or notes issued under IC 8-14.5-7. However, amounts in the grant anticipation fund may not be pledged to such payments.

(e) A holder of grant anticipation revenue bonds or notes issued under IC 8-14.5-7 may not compel the payment of federal highway revenues to the department.

As added by P.L.246-2005, SEC.79.
Ind. Code § 8-1-2-40 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-40
Copies of schedule; public inspection
Status: in_force

Sec. 40. A copy of so much of said schedule as the commission shall deem necessary for the use of the public shall be printed in plain type, and kept on file in every station or office of such public utility where payments are made by the consumers or users, open to the public in such form and place as to be readily accessible to the public and as can be conveniently inspected.

Formerly: Acts 1913, c.76, s.43.
Ind. Code § 8-5-15-14 — Indiana Code / Title 8 / Article 5 / Chapter 15 / Section 8-5-15-14
Actions by bondholders or trustee; protection and enforcement of rights; enforcement and compelling performance of duties under chapter
Status: in_force

Sec. 14. Any holder of bonds issued under this chapter and the trustee under any trust agreement, except to the extent the rights granted by 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:

(1) protect and enforce all rights under Indiana law or granted under this chapter or under the trust agreement, or the resolution authorizing the issuance of the bonds; and

(2) enforce and compel the performance of all duties required by this chapter or by the trust agreement or resolution to be performed by the board or by any officer thereof, including the fixing, charging, and collecting of fees, tolls, rentals, or other charges for the use of the railroad or railroad project.

As added by P.L.64-1984, SEC.10.
Ind. Code § 8-1-32.5-8 — Indiana Code / Title 8 / Article 1 / Chapter 32.5 / Section 8-1-32.5-8
Commission's review of application and documents; issuance of certificate; request for additional information
Status: in_force

Sec. 8. Not later than thirty (30) days after receiving the application and documents required by section 6 of this chapter, the commission shall review the application and documents for accuracy and completeness. If the commission determines that the application and documents are accurate, complete, and properly verified, the commission shall issue a certificate of territorial authority recognizing the communications service provider's authority to provide each communications service identified in the application. If the commission determines that the application and documents are inaccurate or incomplete, or are not properly verified, the commission shall return the application and documents to the provider with a brief statement of any additional information required. Not later than thirty (30) days after receipt of the request for additional information, the provider may:

(1) provide the information requested;

(2) appeal the decision of the commission under IC 8-1-3; or

(3) decide to file another application at a later date, without prejudice.

As added by P.L.27-2006, SEC.55.
Ind. Code § 8-1-39-3 — Indiana Code / Title 8 / Article 1 / Chapter 39 / Section 8-1-39-3
"Pretax return"
Status: in_force

Sec. 3. As used in this chapter, "pretax return" means the TDSIC revenues necessary to:

(1) produce net operating income equal to the public utility's weighted cost of capital multiplied by investments in eligible transmission, distribution, and storage system improvements;

(2) pay state and federal income taxes imposed on the net operating income calculated under subdivision (1); and

(3) pay state utility receipts taxes associated with TDSIC revenues.

As added by P.L.133-2013, SEC.5.
Ind. Code § 8-20-8-6 — Indiana Code / Title 8 / Article 20 / Chapter 8 / Section 8-20-8-6
Copy of petition to contiguous landowners
Status: in_force

Sec. 6. The petitioner shall send a copy of the petition by certified mail to each owner of property contiguous to the road.

As added by Acts 1979, P.L.97, SEC.1. Amended by P.L.86-1988, SEC.224.
Ind. Code § 8-6-7.6-1 — Indiana Code / Title 8 / Article 6 / Chapter 7.6 / Section 8-6-7.6-1
Repealed
Status: repealed

Formerly: Acts 1972, P.L.64, SEC.1. As amended by P.L.103-2001, SEC.1; P.L.2-2013, SEC.1. Repealed by P.L.198-2016, SEC.63.
Ind. Code § 8-1-41-13 — Indiana Code / Title 8 / Article 1 / Chapter 41 / Section 8-1-41-13
Sound level limitations; waiver of requirement with consent of affected property owners
Status: in_force

Sec. 13. (a) Subject to subsection (b), and except as otherwise allowed by IC 36-7-4-1109, a project owner may not install or locate a wind power device in a unit unless the project owner demonstrates to the permit authority that the wind power device will operate in a manner such that the sound attributable to the wind power device will not exceed an hourly average sound level of fifty (50) A-weighted decibels, as modeled at the outer wall of an affected dwelling.

(b) The requirement set forth in subsection (a) may be waived with respect to any one (1) wind power device, subject to the written consent of the owner of each affected property.

As added by P.L.90-2022, SEC.1.
Ind. Code § 8-1-28-1 — Indiana Code / Title 8 / Article 1 / Chapter 28 / Section 8-1-28-1
"Clean Water Act" defined
Status: in_force

Sec. 1. As used in this chapter, "Clean Water Act" refers to the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) and regulations adopted under the Federal Water Pollution Control Act.

As added by P.L.76-1991, SEC.2.
Ind. Code § 8-14.5-3-8 — Indiana Code / Title 8 / Article 14.5 / Chapter 3 / Section 8-14.5-3-8
Repealed
Status: repealed

As added by P.L.68-1988, SEC.12. Repealed by P.L.235-2005, SEC.212.
Ind. Code § 8-3-1.5-13 — Indiana Code / Title 8 / Article 3 / Chapter 1.5 / Section 8-3-1.5-13
Acquisition of property by political subdivisions
Status: in_force

Sec. 13. In weighing the varied interests of the residents of this state, the department shall give consideration, as best as the situation allows, to the individual interest of any county, city, or town expressing a desire to acquire a portion, or all, of the abandoned real estate located within the jurisdiction. The department may exercise its powers under this chapter to acquire the abandoned property for subsequent conveyance to the county, city, or town.

Formerly: Acts 1975, P.L.79, SEC.1. As amended by Acts 1980, P.L.74, SEC.52.
Ind. Code § 8-23-11-3 — Indiana Code / Title 8 / Article 23 / Chapter 11 / Section 8-23-11-3
Bids from racial minority businesses
Status: in_force

Sec. 3. The department shall make a concentrated effort to invite bids from racial minority businesses.

As added by P.L.18-1990, SEC.220.
Ind. Code § 8-22-3.7-6 — Indiana Code / Title 8 / Article 22 / Chapter 3.7 / Section 8-22-3.7-6
Development board; membership; term; removal; oath
Status: in_force

Sec. 6. (a) The development board is composed of three (3) members, who must be residents of the eligible entity. The members of a development board for a development authority established by an eligible entity described in section 4.5(1) of this chapter are appointed by the executive of the eligible entity. The members of a development board for a development authority established by an eligible entity described in section 4.5(2) or 4.5(3) of this chapter are appointed as follows:

(1) One (1) member is appointed by the county executive.

(2) One (1) member is appointed by the executive of the city with the largest population in the county.

(3) One (1) member is appointed by the board of an airport authority that is located in the county.

(b) A member is entitled to serve a three (3) year term. A member may be reappointed to subsequent terms.

(c) If a vacancy occurs on the development board, the officer or entity that made the original appointment shall fill the vacancy by appointing a new member for the remainder of the vacated term.

(d) A member may be removed for cause by the officer or entity that appointed the member.

(e) Each member, before entering upon the duties of office, must take and subscribe an oath of office under IC 5-4-1, which shall be endorsed upon the certificate of appointment and filed with the records of the development board.

(f) A member may not receive a salary, and no profit or money of the development authority inures to the benefit of a member.

As added by P.L.108-1993, SEC.11. Amended by P.L.115-1995, SEC.13; P.L.85-1996, SEC.9.
Ind. Code § 8-3-15-1 — Indiana Code / Title 8 / Article 3 / Chapter 15 / Section 8-3-15-1
Railroad right retained
Status: in_force

Sec. 1. The use by the public (of the) right of way or depot grounds of any railroad in this state by riding, driving or walking thereon, shall not ripen into a right to continue to do so even though it has been so used for a period of twenty (20) years or more; nor shall such use be evidence of a grant to do so except where such use is made across such ground to connect a street or highway on each side thereof, and except where a court of competent jurisdiction has adjudged the existence of a street or highway.

Formerly: Acts 1899, c.209, s.1.
Ind. Code § 8-1.5-5-7 — Indiana Code / Title 8 / Article 1.5 / Chapter 5 / Section 8-1.5-5-7
Financing of facilities; user fees
Status: in_force

Sec. 7. (a) The acquisition, construction, installation, operation, and maintenance of facilities and land for storm water systems may be financed through:

(1) proceeds of special taxing district bonds of the storm water district;

(2) the assumption of liability incurred to construct the storm water system being acquired;

(3) service rates;

(4) revenue bonds; or

(5) any other available funds.

(b) Except as provided in IC 36-9-23-37, the board, after holding a public hearing with notice given under IC 5-3-1 and obtaining the approval of the fiscal body of the unit served by the department, may assess and collect user fees from all of the property of the storm water district for the operation and maintenance of the storm water system. The amount of the user fees must be the minimum amount necessary for the operation and maintenance of the storm water system. The assessment and collection of user fees under this subsection by the board of a county must also be approved by the county executive.

(c) The collection of the fees authorized by this section may be effectuated through a periodic billing system or through a charge appearing on the semiannual property tax statement of the affected property owner.

(d) The board shall use one (1) or more of the following factors to establish the fees authorized by this section:

(1) A flat charge for each lot, parcel of property, or building.

(2) The amount of impervious surface on the property.

(3) The number and size of storm water outlets on the property.

(4) The amount, strength, or character of storm water discharged.

(5) The existence of improvements on the property that address storm water quality and quantity issues.

(6) The degree to which storm water discharged from the property affects water quality in the storm water district.

(7) Any other factors the board considers necessary.

(e) The board may exercise reasonable discretion in adopting different schedules of fees or making classifications in schedules of fees based on:

(1) variations in the costs, including capital expenditures, of furnishing services to various classes of users or to various locations;

(2) variations in the number of users in various locations; and

(3) whether the property is used primarily for residential, commercial, or agricultural purposes.

As added by P.L.125-1987, SEC.1. Amended by P.L.176-2002, SEC.6; P.L.282-2003, SEC.10; P.L.114-2008, SEC.3.
Ind. Code § 8-1-31.5-8 — Indiana Code / Title 8 / Article 1 / Chapter 31.5 / Section 8-1-31.5-8
"Not-for-profit utility"
Status: in_force

Sec. 8. As used in this chapter, "not-for-profit utility" has the meaning set forth in IC 8-1-2-125(a). The term includes a utility company that is owned, operated, or held in trust by a consolidated city.

As added by P.L.104-2016, SEC.3.
Ind. Code § 8-1-11.1-6 — Indiana Code / Title 8 / Article 1 / Chapter 11.1 / Section 8-1-11.1-6
Utility districts; creation
Status: in_force

Sec. 6. All of the territory included within the corporate limits of any said city shall become and constitute a utility district for the purpose of providing for the furnishing of utility service in such lines of utility operation as may be taken over or owned by said city, and thereafter said utility district shall be deemed duly created and established under and pursuant to the provisions of this chapter.

[Pre-Local Government Recodification Citation: 19-3-24-6.]

As added by Acts 1981, P.L.11, SEC.43.
Ind. Code § 8-14-1-2 — Indiana Code / Title 8 / Article 14 / Chapter 1 / Section 8-14-1-2
Public policy; budget management; political subdivisions
Status: in_force

Sec. 2. It is hereby declared to be the policy of the state of Indiana that:

(1) the net amount in the motor vehicle highway account shall be budgeted for programs of traffic safety and for the construction, reconstruction, improvement, and maintenance of the highways of the state;

(2) a fair distribution thereof shall be made between the department and subordinate political subdivisions having jurisdiction of highways of the state;

(3) the funds allotted shall be used in accordance with the policy herein declared and the provisions of this chapter; and

(4) the funds allocated to counties, cities, and towns from such motor vehicle highway account shall be budgeted as provided by law, and such county budgets shall be referred to the county council for approval, revision, or reduction.

Formerly: Acts 1941, c.168, s.2. As amended by Acts 1980, P.L.74, SEC.214; Acts 1981, P.L.41, SEC.48; P.L.205-2013, SEC.133.
Ind. Code § 8-20-1-45 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-45
Repealed
Status: repealed

Formerly: Acts 1905, c.167, s.55. As amended by P.L.66-1984, SEC.120; P.L.86-1988, SEC.196. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-23-20-16 — Indiana Code / Title 8 / Article 23 / Chapter 20 / Section 8-23-20-16
Removal, taking, and appropriation of signs; limitations
Status: in_force

Sec. 16. (a) Subsection (b) does not apply to:

(1) actions taken by the department under this chapter; or

(2) the removal, taking, or appropriation of a sign, display, or device prohibited under section 6 of this chapter.

(b) Before an outdoor advertising sign, display, or device is removed, taken, or appropriated through the use of zoning or another power or authority of the state, a state agency, or political subdivision:

(1) the value of the sign, display, or device shall be determined by the taking authority without the use of an amortization schedule; and

(2) the owners of the sign, display, or device and of the real property upon which the sign, display, or device is situated must be paid full and just compensation for the taking.

As added by P.L.18-1990, SEC.229.
Ind. Code § 8-21-9-27 — Indiana Code / Title 8 / Article 21 / Chapter 9 / Section 8-21-9-27
Rights of bondholders
Status: in_force

Sec. 27. 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 under 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 laws 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 department or by any officer of the department, including the fixing, charging and collecting of fees, tolls, rentals or other charges for the use of the airport or airport facility or airport facilities.

Formerly: Acts 1971, P.L.105, SEC.2. As amended by Acts 1980, P.L.74, SEC.358; P.L.136-2018, SEC.106.
Ind. Code § 8-16-2-21 — Indiana Code / Title 8 / Article 16 / Chapter 2 / Section 8-16-2-21
Maintenance contracts with other states
Status: in_force

Sec. 21. The department is hereby expressly authorized and empowered to negotiate and contract with the proper authorities of such adjoining state in respect to the maintenance of any such bridge.

Formerly: Acts 1927, c.10, s.21. As amended by Acts 1980, P.L.74, SEC.292.
Ind. Code § 8-23-17-6 — Indiana Code / Title 8 / Article 23 / Chapter 17 / Section 8-23-17-6
"Dwelling" defined
Status: in_force

Sec. 6. As used in this chapter, "dwelling" means any room, suite of rooms, apartment, trailer, or house occupied or intended to be occupied as a personal residence by one (1) family or by one (1) or more individuals utilizing the same kitchen facilities. The term does not include a single sleeping room without kitchen facilities.

As added by P.L.18-1990, SEC.226.
Ind. Code § 8-9.5-9-5 — Indiana Code / Title 8 / Article 9.5 / Chapter 9 / Section 8-9.5-9-5
Powers and duties of authorities
Status: in_force

Sec. 5. (a) Subject to subsections (b) through (d), an authority may enter into and modify, amend, or terminate one (1) or more swap agreements that the authority determines to be necessary or desirable in connection with or incidental to the issuance, carrying, or securing of obligations. Swap agreements entered into by an authority shall:

(1) contain the provisions (including payment, term, security, default, and remedy provisions); and

(2) be with the parties;

that the authority determines are necessary or desirable after due consideration is given to the creditworthiness of the parties.

(b) The authority may not:

(1) enter into any swap agreement under this section other than for the purpose of managing an interest rate or similar risk that arises in connection with or incidental to the issuance, carrying, or securing of obligations by the authority; or

(2) carry on a business of acting as a dealer in swap agreements.

(c) A swap agreement shall be considered as being entered into in connection with or incidental to the issuance, carrying, or securing of obligations if:

(1) the swap agreement is entered into not more than one hundred eighty (180) days after the issuance of the obligations and specifically indicates the agreement's relationship to the obligations;

(2) the authority designates the swap agreement as having a relationship to the obligations;

(3) the swap agreement amends, modifies, or reverses a swap agreement described in subdivision (1) or (2); or

(4) the terms of the swap agreement bear a reasonable relationship to the terms of the obligations.

(d) Payments to be made by the authority to any other party under a swap agreement may be payable from:

(1) the same source or sources of funds from which the obligations are, will be, or may be payable; or

(2) any other lawfully available source.

(e) This chapter does not create a debt or liability of the authority or the state for purposes of any constitutional or statutory limitation.

As added by P.L.55-1994, SEC.1. Amended by P.L.273-1999, SEC.47.
Ind. Code § 8-23-30-8 — Indiana Code / Title 8 / Article 23 / Chapter 30 / Section 8-23-30-8
Authorization to set maximum grant
Status: in_force

Sec. 8. The department may adopt guidelines to implement this chapter, including guidelines that establish a maximum amount that any one (1) local unit may receive as a grant. However, if:

(1) the department establishes a maximum amount per local unit; and

(2) multiple local units, including any combination of cities, towns, and counties, apply jointly for a matching grant under this chapter to undertake a project that extends across multiple jurisdictions;

the maximum amounts of the joint applicants may be aggregated.

As added by P.L.146-2016, SEC.16. Amended by P.L.218-2017, SEC.83.
Ind. Code § 8-2.1-24-17 — Indiana Code / Title 8 / Article 2.1 / Chapter 24 / Section 8-2.1-24-17
Surety bond, insurance, or other security required
Status: in_force

Sec. 17. (a) A person may not operate a motor vehicle for the transportation of property upon a public highway, and a motor carrier may not be certified, unless the motor carrier complies with the rules adopted by the department governing the filing and approval of surety bonds, policies of insurance, qualifications of a self-insurer, or other securities or agreements.

(b) A surety bond, policy of insurance, self-insurance, or security or other agreement approved under this section must be of a reasonable amount and conditioned to pay, within the amount of the surety bond, policy of insurance, self-insurance, or security or other agreement, a final judgment recovered against the motor carrier for bodily injuries to or the death of any person resulting from the negligent operation, maintenance, or use of the motor carrier's registered motor vehicle, or for loss or damage to property of others.

As added by P.L.110-1995, SEC.29.
Ind. Code § 8-21-1-9 — Indiana Code / Title 8 / Article 21 / Chapter 1 / Section 8-21-1-9
Cooperation with United States; accepting federal aid; deposit of money
Status: in_force

Sec. 9. (a) The department is authorized to cooperate with the government of the United States, and any agency or department of the United States, in the acquisition, construction, improvement, maintenance, and operation of airports and other air navigation facilities in this state, and to comply with the provisions of the laws of the United States and any regulations made under the laws of the United States for the expenditure of federal moneys upon such airports and other navigation facilities.

(b) The department may accept, receive, and receipt for federal money and other moneys, either public or private, for and in behalf of any municipality or person, for the acquisition, construction, improvement, maintenance, and operation of airports and other navigation facilities, where such work is to be done by such municipalities or persons aided by grants of aid from the United States, upon such terms and conditions as are or may be prescribed by the laws of the United States and any rules or regulations made thereunder.

(c) All moneys accepted for disbursement by the department in accordance with the provisions of this section shall be deposited in the state treasury, and, unless otherwise prescribed by the authority from which the money is received, kept in separate funds, designated according to the purposes for which the moneys were made available, and held by the state in trust for such purposes. The department is authorized, whether acting for this state or as the agent of any of its municipalities, or when requested by the United States government or any agency or department of the United States, to disburse such moneys for the designated purposes, but this shall not preclude any other authorized method of disbursement.

Formerly: Acts 1945, c.360, s.9; Acts 1975, P.L.93, SEC.9. As amended by P.L.16-1983, SEC.8; P.L.136-2018, SEC.100.
Ind. Code § 8-1-2-86 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-86
Second utility serving same area; declaration of public convenience and necessity
Status: in_force

Sec. 86. (a) No license, permit, or franchise shall be granted to any person, copartnership, or corporation to own, operate, manage, or control any plant or equipment of any public utility in any municipality where there is in operation a public utility engaged in similar service under a license, franchise, or permit without first securing from the commission a declaration, after a public hearing, of all parties interested, that public convenience and necessity require such second public utility; provided, that any municipality may purchase, condemn, and operate, or construct and operate, a utility in such municipality for the purpose of transportation, production, transmission, delivery, sale, and furnishing of heat, light, water, and/or power to such municipality, and/or the public in and within six (6) miles of the limits of such municipality, without the consent of said commission, although there is operating in said municipality a public utility engaged in a similar service under a license, franchise, or indeterminate permit.

(b) Any permit, license, or franchise in existence on May 1, 1913, which shall contain any term whatsoever interfering with the existence of a second public utility is hereby declared to be against public policy and is hereby amended in such manner as to permit a municipality to grant a license, franchise, or permit for the operation of such second public utility pursuant to the provisions of this chapter.

Formerly: Acts 1913, c.76, s.97; Acts 1933, c.190, s.9. As amended by P.L.59-1984, SEC.38.
Ind. Code § 8-1-2-1.1 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-1.1
Transmitting communications through Internet Protocol enabled retail services; regulatory status
Status: in_force

Sec. 1.1. A person or an entity that:

(1) transmits communications through Internet Protocol enabled retail services, including:

(A) voice;

(B) data;

(C) video; or

(D) any combination of voice, data, and video communications; or

(2) provides the necessary software, hardware, transmission service, or transmission path for communications described in subdivision (1);

is not a public utility solely by reason of engaging in any activity described in subdivisions (1) through (2).

As added by P.L.27-2006, SEC.4.
Ind. Code § 8-10-4-2 — Indiana Code / Title 8 / Article 10 / Chapter 4 / Section 8-10-4-2
Revenue bonds; application of bidding and public works statutes; governor approval required
Status: in_force

Sec. 2. (a) In addition to the powers conferred upon the ports of Indiana by other provisions of this article, and subject to subsection (b), the 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 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 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 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 ports of Indiana under this chapter is subject to the approval of the governor.

Formerly: Acts 1969, c.292, s.2. As amended by P.L.66-1984, SEC.19; P.L.224-2003, SEC.227 and P.L.271-2003, SEC.27; P.L.235-2005, SEC.112; P.L.232-2005, SEC.9; P.L.1-2006, SEC.154; P.L.2-2007, SEC.136; P.L.98-2008, SEC.46.
Ind. Code § 8-10-5-8.9 — Indiana Code / Title 8 / Article 10 / Chapter 5 / Section 8-10-5-8.9
Royalty contracts
Status: in_force

Sec. 8.9. With the approval of the governing body creating it, a port authority may sell, lease, or enter into a royalty contract for the natural or mineral resources of land that it owns. Money received from these sources shall be deposited in the nonreverting capital fund of the port authority.

As added by P.L.49-2010, SEC.5.
Ind. Code § 8-2.1-17-12 — Indiana Code / Title 8 / Article 2.1 / Chapter 17 / Section 8-2.1-17-12
"Permit"
Status: in_force

Sec. 12. "Permit" means:

(1) the permit issued by the department to an intrastate contract carrier; and

(2) the acknowledgment issued by the department to an interstate contract carrier as evidence of the registration of the contract carrier's interstate contract authority.

As added by P.L.99-1989, SEC.8.
Ind. Code § 8-2.1-17-5.3 — Indiana Code / Title 8 / Article 2.1 / Chapter 17 / Section 8-2.1-17-5.3
"Delivery network company"
Status: in_force

Sec. 5.3. "Delivery network company" or "DNC" means an entity that:

(1) does business in Indiana; and

(2) uses a digital network to connect DNC customers to DNC drivers to request the delivery of goods.

As added by P.L.215-2023, SEC.2.
Ind. Code § 8-15.7-6-5 — Indiana Code / Title 8 / Article 15.7 / Chapter 6 / Section 8-15.7-6-5
Expediting permits, licenses, and approvals
Status: in_force

Sec. 5. The department shall seek the cooperation of federal and local agencies to expedite all necessary federal and local permits, licenses, and approvals necessary for projects under this article.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-2-15-4 — Indiana Code / Title 8 / Article 2 / Chapter 15 / Section 8-2-15-4
Recognizance; licensee
Status: in_force

Sec. 4. Before such license shall be granted, the applicant shall produce the county treasurer's receipt for the sum so fixed, and shall also enter into a recognizance to the state of Indiana, in a penal sum to be fixed by such board, not less than one hundred dollars ($100) nor more than five hundred dollars ($500), with at least one (1) sufficient freehold surety, conditioned faithfully to keep and maintain such ferry with good and sufficient boats for the safe conveyance of persons and property, a sufficient number of hands to work and manage such boats, together with sufficient implements and appliances for such ferry, during the several hours in each day, and at such rates of ferriage as the board granting the license shall from time to time order and direct, which recognizance shall be kept on file with the county auditor.

Formerly: Acts 1881(ss), c.52, s.4.
Ind. Code § 8-9.5-9-9 — Indiana Code / Title 8 / Article 9.5 / Chapter 9 / Section 8-9.5-9-9
Enforcement of swap agreements
Status: in_force

Sec. 9. (a) This section does not apply in cases of bad faith or actual knowledge to the contrary by a party.

(b) A party that enters into any swap agreement with an authority may rely on a representation by the authority that the authority is authorized or empowered to enter into the swap agreement, and notwithstanding the failure by the authority to comply with the provisions of this chapter, that party may enforce the swap agreement against the authority, subject to the terms of the swap agreement and subject to prior claims on sources from which the swap agreement may be payable.

As added by P.L.55-1994, SEC.1.
Ind. Code § 8-1-11.1-15 — Indiana Code / Title 8 / Article 1 / Chapter 11.1 / Section 8-1-11.1-15
Board of directors free from control of department of local government finance
Status: in_force

Sec. 15. This chapter being necessary for and intended to secure efficient and economical management and operation of utility properties in any consolidated city taking advantage of the provisions hereof, the said board of directors shall have full power to transact all the business pertaining to said management and operation of each and all such utilities, including the issuance of bonds, mortgages, and other forms of indebtedness, free from all control and supervision of the department of local government finance of Indiana. This chapter shall be liberally construed to effectuate the purpose hereof, and if any one (1) or more sections, clauses, phrases, or parts thereof, of this chapter shall be held invalid, the remaining sections, clauses, phrases, or parts thereof, shall not be affected thereby, and the legislature declares that it would have enacted all other parts of said chapter even if any or all of the aforesaid portions thereof had not been included therein.

[Pre-Local Government Recodification Citation: 19-3-24-15.]

As added by Acts 1981, P.L.11, SEC.43. Amended by P.L.90-2002, SEC.311.
Ind. Code § 8-17-8-2 — Indiana Code / Title 8 / Article 17 / Chapter 8 / Section 8-17-8-2
Preparation of map; compensation
Status: in_force

Sec. 2. (a) The plan commission or county executive shall direct the county engineer or may request the county surveyor to prepare the maps. The county surveyor or the county engineer may be compensated in addition to the salary the surveyor or engineer receives for preparation of the maps, in an amount to be determined by the plan commission or the county executive, subject to the approval of the county fiscal body.

(b) All expenses incidental to the preparation of the maps, including the county surveyor's and county engineer's compensation, shall be paid out of the county general fund.

Formerly: Acts 1953, c.28, s.2. As amended by P.L.86-1988, SEC.136; P.L.3-1989, SEC.66; P.L.276-2001, SEC.3.
Ind. Code § 8-1-30.9-9 — Indiana Code / Title 8 / Article 1 / Chapter 30.9 / Section 8-1-30.9-9
Water utility's recovery of costs incurred; inclusion in rate base or revenue requirement; completed construction; cancellation of project; construction subject to subsequent review; limitation on recovery of costs exceeding estimate
Status: in_force

Sec. 9. Absent fraud, concealment, or gross mismanagement, a water utility shall recover through rates the actual costs the water utility has incurred in reliance on a certificate issued under this chapter as follows:

(1) If construction of a long haul water pipeline has been subject to ongoing review under section 8(a) of this chapter and the commission finds the construction of the long haul water pipeline has been completed, the costs of construction approved by the commission during the ongoing review shall be included, without further commission review, in:

(A) the water utility's rate base, in the case of a public utility; or

(B) the water utility's revenue requirement for extensions and replacements expense, depreciation expense, or debt service expense, as applicable, in the case of a:

(i) municipally owned utility;

(ii) not-for-profit utility;

(iii) conservancy district; or

(iv) regional water district.

(2) If construction of a long haul water pipeline is subject to subsequent review under section 8(b) of this chapter and the commission finds the construction of the long haul water pipeline to be completed, the costs of construction that do not exceed the estimate under section 7(e)(1) of this chapter, and that are not shown to result from inadequate quality controls, shall be included in:

(A) the water utility's rate base, in the case of a public utility; or

(B) the water utility's revenue requirement for extensions and replacements expense, depreciation expense, or debt service expense, as applicable, in the case of a:

(i) municipally owned utility;

(ii) not-for-profit utility;

(iii) conservancy district; or

(iv) regional water district.

However, inclusion of costs in excess of the estimate under section 7(e)(1) of this chapter in the water utility's rate base or revenue requirement is not permitted unless shown by the water utility to be necessary and prudent in the construction of the long haul water pipeline.

(3) If a long haul water pipeline has been canceled as a result of:

(A) the modification or revocation of the certificate under this chapter; or

(B) local permitting or other issues beyond the water utility's control;

and the long haul water pipeline's construction has been subject to ongoing review under section 8(a) of this chapter (including reviews after cancellation), the costs of construction approved by the commission during the review shall be recovered by the water utility by inclusion in rates and amortization over a reasonable time to be determined by the commission. A water utility that is a public utility shall be permitted to earn a return, computed using the water utility's authorized rate of return, on the unamortized balance.

(4) If a long haul water pipeline has been canceled as a result of:

(A) the modification or revocation of the certificate under this chapter; or

(B) local permitting or other issues beyond the water utility's control;

and the long haul water pipeline's construction is subject to subsequent review under section 8(b) of this chapter, the costs of construction incurred before cancellation that were included in the estimate under section 7(e)(1) of this chapter and that have not been shown to result from inadequate quality controls shall be recovered by the water utility by inclusion in rates and amortization over a reasonable time to be determined by the commission. A water utility that is a public utility shall be permitted to earn a return, computed using the water utility's authorized rate of return, on the unamortized balance. However, costs that were not included in the estimate under section 7(e)(1) of this chapter may not be included in rates unless shown by the water utility to be necessary and prudent in the construction of the long haul water pipeline.

As added by P.L.99-2025, SEC.1.
Ind. Code § 8-25-6-2 — Indiana Code / Title 8 / Article 25 / Chapter 6 / Section 8-25-6-2
Prerequisites for township opt-in
Status: in_force

Sec. 2. (a) This subsection does not apply to townships located in Hendricks County. If:

(1) the fiscal body of the county in which a township is located does not adopt an ordinance under IC 8-25-2-1; and

(2) the township is adjacent to:

(A) an eligible county in which:

(i) a public transportation project has been approved under IC 8-25-2; or

(ii) an ordinance described in IC 8-25-2 has been adopted; or

(B) another township in which:

(i) a public transportation project has been approved under this chapter; or

(ii) a resolution described in this section has already been passed;

the fiscal body of the township may pass a resolution to place on the ballot a local public question on whether the fiscal body of the eligible county should be required to fund and carry out a public transportation project in the township.

(b) This subsection applies to Guilford Township in Hendricks County. The township fiscal body may pass a resolution to place on the ballot a local public question on whether the township fiscal body should be required to fund and carry out a public transportation project in the township.

(c) The fiscal body of the township shall include in the resolution passed under subsection (a) or (b):

(1) a description of the public transportation services that will be provided in the township through the proposed public transportation project; and

(2) an estimate of each tax necessary to annually fund the public transportation project in the township.

As added by P.L.153-2014, SEC.17. Amended by P.L.203-2016, SEC.21; P.L.247-2017, SEC.30.
Ind. Code § 8-1-26-1.5 — Indiana Code / Title 8 / Article 1 / Chapter 26 / Section 8-1-26-1.5
"Advisory committee"
Status: in_force

Sec. 1.5. As used in this chapter, "advisory committee" refers to the underground plant protection advisory committee established by section 23 of this chapter.

As added by P.L.62-2009, SEC.4.
Ind. Code § 8-21-9-36 — Indiana Code / Title 8 / Article 21 / Chapter 9 / Section 8-21-9-36
Repealed
Status: repealed

Formerly: Acts 1971, P.L.105, SEC.2. As amended by Acts 1978, P.L.2, SEC.866. Repealed by Acts 1980, P.L.74, SEC.434.
Ind. Code § 8-9.5-8-17 — Indiana Code / Title 8 / Article 9.5 / Chapter 8 / Section 8-9.5-8-17-b
Toll road assistance programs
Status: in_force

Note: This version of section effective 1-1-2027. See also preceding version of this section, effective until 1-1-2027.

Sec. 17. The authority shall study and implement programs to assist in the transportation of military veterans or individuals with a disability (as defined in IC 6-1.1-12-11 before its expiration) who travel on a toll road to or from a hospital for treatment. However, a program may not be inconsistent with the trust indenture securing the bonds of the toll road.

As added by P.L.83-1996, SEC.1. Amended by P.L.99-2007, SEC.34; P.L.68-2025, SEC.194.
Ind. Code § 8-6-2.1-12 — Indiana Code / Title 8 / Article 6 / Chapter 2.1 / Section 8-6-2.1-12
Title to acquired property
Status: in_force

Sec. 12. The title to any lands, rights-of-way or other property acquired under and pursuant to the resolution, whether by purchase or by appropriation, shall not vest in the city until they are paid for out of the special fund created by the sale of bonds and from benefit assessments, or out of funds coming to the city from equitable settlements between the parties. No indebtedness or obligation of any kind may be incurred by the city in its corporate capacity on account of the acquiring of any lands, rights-of-way or other property.

[Pre-Local Government Recodification Citation: 19-5-14-12.]

As added by Acts 1980, P.L.8, SEC.70.
Ind. Code § 8-1-31.5-3 — Indiana Code / Title 8 / Article 1 / Chapter 31.5 / Section 8-1-31.5-3
"Adjustment amount"
Status: in_force

Sec. 3. As used in this chapter, "adjustment amount" means the dollar amount:

(1) by which an eligible utility's actual revenues for a twelve (12) month period differ from the eligible utility's authorized revenues for the same twelve (12) month period; and

(2) that the eligible utility seeks to recover from or credit to customers through a system integrity adjustment requested in a petition filed under section 12 or 13 of this chapter.

As added by P.L.104-2016, SEC.3.
Ind. Code § 8-1-8.8-7 — Indiana Code / Title 8 / Article 1 / Chapter 8.8 / Section 8-1-8.8-7
"Group"
Status: in_force

Sec. 7. As used in this chapter, "group" refers to the forecasting group established by IC 8-1-8.5-3.5.

As added by P.L.159-2002, SEC.6.
Ind. Code § 8-23-20-12 — Indiana Code / Title 8 / Article 23 / Chapter 20 / Section 8-23-20-12
Compensation determination; civil actions
Status: in_force

Sec. 12. If a claimant under section 11 of this chapter and the department do not reach agreement on the amount of compensation to be paid within one hundred twenty (120) days after the claim is filed, the claimant may file a civil action to have the compensation determined. An action under this section shall be filed in a court of general jurisdiction in either the county where the sign and real property are located or in the county in which the claimant resides. The county of residence of a corporation shall be determined under the applicable statutes. An action under this section shall be filed not later than one (1) year after the filing with the department of a claim for compensation under section 10 of this chapter.

As added by P.L.18-1990, SEC.229.
Ind. Code § 8-15.7-14-2 — Indiana Code / Title 8 / Article 15.7 / Chapter 14 / Section 8-15.7-14-2
Contracts necessary for performance of duties
Status: in_force

Sec. 2. The authority or the department may make and enter into all contracts and agreements necessary or incidental to the performance of the authority's or department's duties and the execution of the authority's or department's powers under this article. These contracts or agreements are not subject to any approvals other than the approval of the authority or the department, as applicable, and may be for any term of years and contain any terms that are considered reasonable by the authority or the department.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-1-47-10 — Indiana Code / Title 8 / Article 1 / Chapter 47 / Section 8-1-47-10
Low income customer assistance program affecting rates and charges not considered discriminatory
Status: in_force

Sec. 10. A low income customer assistance program offered under this chapter that affects rates and charges for service is not discriminatory for purposes of this chapter or any other law regulating rates and charges for service.

As added by P.L.36-2026, SEC.11.
Ind. Code § 8-21-3-7 — Indiana Code / Title 8 / Article 21 / Chapter 3 / Section 8-21-3-7
Nonresidents
Status: in_force

Sec. 7. (a) The provisions of this chapter shall apply to any person who is not a resident of this state under the same circumstances as they would apply to a resident, and, in such event, such a nonresident shall not operate any aircraft in this state nor shall any aircraft owned by the nonresident be operated in this state, unless and until such nonresident, or the owner of the aircraft, if another person, has complied with the requirements of this chapter with respect to security and proof of financial responsibility covering such aircraft.

(b) The operation by a nonresident, or by the nonresident's duly authorized agent, of an aircraft in this state shall be deemed equivalent to an appointment by such nonresident of the secretary of state, or the secretary of state's successor in office, to be the nonresident's true and lawful attorney upon whom may be served all lawful processes in any action or proceeding against the nonresident, growing out of any aircraft accident in which such nonresident may be involved while so operating or so permitting to be operated an aircraft in this state, and such operation shall be signification of the nonresident's agreement that any such process against the nonresident, which is so served, shall be of the same legal force and validity as if served upon the nonresident personally. Such action may be filed in the county of the residence of the plaintiff or in the county where the accident occurred, at the election of the plaintiff, and service of such process shall be made by leaving a copy thereof, with the fee set forth in IC 23-0.5-9-56, for such defendant to be served, with the secretary of state, or in the secretary of state's office, and such service shall be sufficient service upon such nonresident, provided that notice of such service and a copy of the process are forthwith sent by registered mail to the defendant and the defendant's return receipt is appended to the original process and filed therewith in the court. In the event that the defendant refuses to accept or claim such registered mail, then such registered mail shall be returned by the secretary of state to the plaintiff or to the plaintiff's attorney, and the same shall be appended to the original process, together with an affidavit of the plaintiff or of the plaintiff's attorney or agent to the effect that such summons was delivered to the secretary of state, together with the fee set forth in IC 23-0.5-9-56, and was thereafter returned unclaimed by the postoffice department, and such affidavit, together with the returned affidavit including said summons, shall be considered sufficient service upon such nonresident defendant. The court in which the action is brought may order such continuances as may be reasonable to afford the defendant opportunity to defend the action.

(c) No insurance policy or bond shall be effective under section 4 of this chapter in the case of an aircraft owned or operated by a nonresident in this state at the time of the accident or at the effective date of the policy or bond, or the most recent renewal thereof, unless the insurance company or surety company, if not authorized to do business in this state, shall execute a power of attorney authorizing the secretary of state to accept service on its behalf of notice or process in any action upon such policy or bond arising out of such accident.

Formerly: Acts 1951, c.267, s.7; Acts 1953, c.85, s.4. As amended by P.L.66-1984, SEC.137; P.L.50-2024, SEC.6.
Ind. Code § 8-1-2-100 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-100
Repealed
Status: repealed

Formerly: Acts 1913, c.76, s.109; Acts 1933, c.190, s.19; Acts 1959, c.326, s.1; Acts 1961, c.125, s.1; Acts 1967, c.196, s.1; Acts 1973, P.L.62, SEC.1. Repealed by Acts 1982, P.L.74, SEC.6.
Ind. Code § 8-15.5-13-5 — Indiana Code / Title 8 / Article 15.5 / Chapter 13 / Section 8-15.5-13-5
Determination of interest in operator
Status: in_force

Sec. 5. For purposes of this chapter, a person is considered to have an interest in an operator if the person satisfies any of the following:

(1) The person holds at least a one percent (1%) interest in an operator.

(2) The person is an officer of an operator.

(3) The person is an officer of a person that holds at least a one percent (1%) interest in an operator.

(4) The person is a political action committee of an operator.

As added by P.L.47-2006, SEC.39.
Ind. Code § 8-1.5-6-5 — Indiana Code / Title 8 / Article 1.5 / Chapter 6 / Section 8-1.5-6-5
"Wholesale sewage petition"
Status: in_force

Sec. 5. As used in this chapter, "wholesale sewage petition" refers to a petition filed under IC 8-1-2-61.7 for review of rates and charges for wholesale sewage service.

As added by P.L.213-2014, SEC.7.
Ind. Code § 8-1-2.2-19 — Indiana Code / Title 8 / Article 1 / Chapter 2.2 / Section 8-1-2.2-19
Approval of commission
Status: in_force

Sec. 19. (a) Prior to the acquisition or the commencement of construction of any project to be financed by the issuance of bonds under this chapter, the municipality or municipalities or joint agency shall file a verified petition with the commission for approval of the project, for approval of participation of the municipality or municipalities or joint agency in the project, and for approval of any bonds to be issued under this chapter. If the commission shall determine:

(1) that the participation of the municipality or municipalities or joint agency in the project is economically and technically feasible;

(2) that the project will be integrated with existing or planned transmission line facilities in the state in a manner that will avoid economic and physical duplication of existing or planned transmission line facilities;

(3) that the municipality or municipalities or joint agency own or have access to the transmission facilities to transmit such power and energy from the project to the municipality or municipalities or joint agency;

(4) that for a project involving a coal-consuming facility, the facility utilizes Indiana coal or is justified, because of economic considerations or governmental requirements, in utilizing non-Indiana coal;

(5) that for a project involving the acquisition or participation in the ownership of an electric generating facility located outside Indiana, the municipality, municipalities, or joint agency has been unable to acquire or participate in the ownership of a comparable generating facility in Indiana at a comparable cost and unable to purchase sufficient amounts of electricity in Indiana at a comparable cost giving due consideration to all factors, including but not limited to the length and terms of available purchases and the expected useful life of the facility;

(6) that for a project involving the acquisition or participation in the ownership of an electric generating facility located outside Indiana, acquisition of or participation in the ownership of the facility provides the municipality, municipalities, or joint agency with greater economic benefits than either:

(A) the acquisition or participation in the ownership of a comparable generating facility in Indiana available for ownership; or

(B) the purchase of sufficient amounts of electricity in Indiana at a comparable cost giving due consideration to all factors, including but not limited to the length and terms of available purchases and the expected useful life of the facility; and

(7) that the determinations of the governing body or bodies with respect to the items listed in section 3(c) or 8(b) of this chapter have been or should be approved;

then the commission shall issue an order approving the project and the participation of the municipality or municipalities or joint agency in the project and the issuance of bonds by the municipality or municipalities or by the joint agency. For the purpose of enabling it to determine whether it should issue such an order, the commission shall make such inquiry or investigation, hold such hearings, and examine such witnesses, books, papers, documents, or contracts as it may deem of importance in enabling it to reach a determination. The determinations required by this subsection are in addition to the requirements of IC 8-1-8.5-4 and IC 8-1-8.5-5.

(b) A joint agency is not a public utility (as defined in IC 8-1-2). However, with respect to proceedings initiated by a joint agency under this section, the commission is given jurisdiction to proceed in the same manner and with like power as is provided by IC 8-1-2 in the case of public utilities (as defined in IC 8-1-2).

As added by Acts 1980, P.L.68, SEC.1. Amended by P.L.82-1988, SEC.5; P.L.54-1992, SEC.3; P.L.81-1997, SEC.6.
Ind. Code § 8-23-17-3 — Indiana Code / Title 8 / Article 23 / Chapter 17 / Section 8-23-17-3
"Displaced person", "displaced", and "displacement" defined
Status: in_force

Sec. 3. As used in this chapter, "displaced person" or "displaced" or "displacement" with reference to a person, means a person who moves from real property, or moves personal property from real property, because of the acquisition of the real property and the improvements located on the real property, or the partial acquisition of real property to the extent that continued use by the owner or occupant is rendered impossible or impracticable, or as the result of the written order of the acquiring agency to vacate the real property intended to be acquired by the agency, or as the result of an order issued by an agency engaged in code enforcement activities to vacate the real property. Solely for purposes of sections 13, 14, 18, 19, 20, 21, 22, 23, and 24 of this chapter, the terms also include a person who moves from real property as a result of the acquisition of, or written order of the acquiring agency to vacate, other real property on which the person conducts a business or farm operation. When two (2) or more individuals living together in a single family dwelling are displaced from the dwelling, they are regarded as one (1) displaced person for purposes of this chapter, except that each individual may receive a payment for actual moving expenses and losses under section 13 of this chapter.

As added by P.L.18-1990, SEC.226.
Ind. Code § 8-20-1-42 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-42
Repealed
Status: repealed

Formerly: Acts 1905, c.167, s.52. As amended by Acts 1981, P.L.57, SEC.26; P.L.86-1988, SEC.193. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-1-32-5 — Indiana Code / Title 8 / Article 1 / Chapter 32 / Section 8-1-32-5
"Subject area" defined
Status: in_force

Sec. 5. As used in this chapter, "subject area" refers to an area described in section 6 of this chapter.

As added by P.L.94-2000, SEC.2.
Ind. Code § 8-9.5-7-9 — Indiana Code / Title 8 / Article 9.5 / Chapter 7 / Section 8-9.5-7-9
Eminent domain
Status: in_force

Sec. 9. (a) The commission may exercise the power of eminent domain for the purpose of carrying out this chapter and to award damages to landowners for real estate and property rights appropriated and taken. If the commission cannot agree with the owners, lessees, or occupants of any real estate selected by the board for the purpose set forth in this chapter, the board may proceed to procure the condemnation of the property under IC 32-24.

(b) Relocation assistance under IC 8-23-17 shall be provided to any person displaced under this section.

(c) If the property over and across which the automated transit system must be constructed and operate is already in use or acquired for use for a public purpose, the public use or acquisition of the property shall not be a bar to the right of the commission to condemn the property for purposes of this chapter.

As added by Acts 1982, P.L.77, SEC.1. Amended by P.L.18-1990, SEC.103; P.L.2-2002, SEC.43.
Ind. Code § 8-9-5-5 — Indiana Code / Title 8 / Article 9 / Chapter 5 / Section 8-9-5-5
Exempt operations; negligence of employees; tort liability
Status: in_force

Sec. 5. Nothing in this chapter shall be construed as applying to the running or operating of engines in taking engines to or from trains at division terminals by engine hostlers, or the shifting of cars or making up trains, or doing any work appurtenant thereto to any engine-houses, train or freight yards by switchman or yardman, or in the case of the disability of a qualified engineer or conductor while out on the road between division terminals, or in case of strike, where such companies can not obtain employees mentioned in this chapter who have the qualifications prescribed by the provisions thereof, than such companies may employ temporary firemen, engineers and conductors who have not the qualifications prescribed by this chapter, but no such employment shall continue longer than such companies can supply their respective places with employees who have the qualifications prescribed by this chapter. And, provided further, That nothing herein contained shall relieve any such companies from the negligence of any of its employees.

Formerly: Acts 1913, c.43, s.5; Acts 1975, P.L.34, SEC.4.
Ind. Code § 8-1-7.9-10 — Indiana Code / Title 8 / Article 1 / Chapter 7.9 / Section 8-1-7.9-10
"Large load customer"
Status: in_force

Sec. 10. As used in this chapter, "large load customer" means a new or existing customer of an energy utility, or not more than four (4) multiple new or existing customers of an energy utility, that:

(1) requests new or additional electricity demand that in the aggregate exceeds the lesser of:

(A) five percent (5%) of the energy utility's average peak demand over the most recent three (3) calendar years; or

(B) one hundred fifty (150) megawatts;

(2) plans to make a capital investment that exceeds five hundred million dollars ($500,000,000) in a new or expanded facility in Indiana; and

(3) plans to employ at the new or expanded facility in Indiana at least fifty (50) full-time employees with wages that on average meet or exceed the most recently published annual national average according to the Bureau of Labor Statistics of the United States Department of Labor.

As added by P.L.217-2025, SEC.2.
Ind. Code § 8-15.5-4-0.5 — Indiana Code / Title 8 / Article 15.5 / Chapter 4 / Section 8-15.5-4-0.5
Repealed
Status: repealed

As added by P.L.181-2016, SEC.34. Repealed by P.L.217-2017, SEC.72.
Ind. Code § 8-1-1-10 — Indiana Code / Title 8 / Article 1 / Chapter 1 / Section 8-1-1-10
Survival, actions, or proceedings pending before former commission
Status: in_force

Sec. 10. Section 7 of this chapter shall not affect actions on or proceedings pending on June 30, 1987, brought by or against the people of the state of Indiana or the public service commission of Indiana or by any other person, firm, or corporation, under the provisions of the statutes establishing or conferring power upon the public service commission of Indiana, but the same may be prosecuted and defended with the same effect as though the name of the commission had not been changed, except the same shall be continued and carried on by the Indiana utility regulatory commission.

Formerly: Acts 1941, c.101, s.10. As amended by P.L.59-1984, SEC.5; P.L.23-1988, SEC.16.
Ind. Code § 8-1.5-6-6 — Indiana Code / Title 8 / Article 1.5 / Chapter 6 / Section 8-1.5-6-6
Jurisdiction of commission
Status: in_force

Sec. 6. Notwithstanding any other provision in this title or IC 36, the offering or provision of service by a utility in a regulated territory is under the jurisdiction of the commission as set forth in sections 7, 8, 9, and 10 of this chapter.

As added by P.L.213-2014, SEC.7.
Ind. Code § 8-14.5-6-2 — Indiana Code / Title 8 / Article 14.5 / Chapter 6 / Section 8-14.5-6-2
Approval; identification of funding objectives
Status: in_force

Sec. 2. (a) Before the issuance of bonds or notes, the authority must receive the approval of:

(1) the commissioner of the Indiana department of transportation; and

(2) the budget agency.

(b) Before the issuance of bonds or notes, the department shall identify:

(1) the project or projects to be financed from the proceeds of the bonds or notes; or

(2) the project or projects proposed to be financed from the proceeds of the bonds or notes, the projected cost and useful life of which will form a basis upon which the authority may reasonably determine that the limitations in sections 3 and 5(b) of this chapter will be complied with if the proposed project or projects are financed from the bonds or notes.

As added by P.L.68-1988, SEC.12. Amended by P.L.112-1989, SEC.4; P.L.260-1997(ss), SEC.55.
Ind. Code § 8-23-9-51 — Indiana Code / Title 8 / Article 23 / Chapter 9 / Section 8-23-9-51
Drains, culverts, and bridges; bridge construction contracts
Status: in_force

Sec. 51. All drains, culverts, and bridges on any state highways shall be considered as part of the state highway. All bridges having a span over twenty (20) feet in length may be let as a separate contract, the procedure to be the same as in the letting of contracts for state highways.

As added by P.L.18-1990, SEC.218.
Ind. Code § 8-4-7-19 — Indiana Code / Title 8 / Article 4 / Chapter 7 / Section 8-4-7-19
Facilities and connections; joint use by proprietary companies
Status: in_force

Sec. 19. Any such union railway company may make running arrangements with any of its proprietary companies, or with any of its associate companies, whereby such union railway company shall acquire the right to use the roads and tracks of such proprietary companies, or of said associate companies, so as to afford connecting facilities between the tracks of such union company and any belt railroad contemplated by this chapter.

Formerly: Acts 1885, c.20, s.19. As amended by P.L.62-1984, SEC.55.
Ind. Code § 8-1-32.3-20 — Indiana Code / Title 8 / Article 1 / Chapter 32.3 / Section 8-1-32.3-20
Application to construct new wireless support structure; requirements; review for completeness; notification of approval or denial; additional time for review
Status: in_force

Sec. 20. (a) An application for a permit to construct a new wireless support structure must include only the following:

(1) All information required by section 19 of this chapter.

(2) A construction plan that describes the proposed wireless support structure and all equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment.

(3) Evidence supporting the choice of location for the proposed wireless support structure, including a sworn statement from the individual responsible for the choice of location demonstrating that collocation of wireless facilities on an existing wireless support structure was not a viable option because collocation:

(A) would not result in the same wireless service functionality, coverage, and capacity;

(B) is technically infeasible; or

(C) is an economic burden to the applicant.

(4) If an applicable zoning ordinance specifies that a special exception, special use, contingent use, or conditional use must be approved for the proposed wireless support structure in accordance with IC 36-7-4-918.2, evidence showing that the application complies with the criteria set forth in the ordinance with respect to the special exception, special use, contingent use, or conditional use.

(5) If the proposed wireless support structure is not a permitted use under an applicable zoning ordinance, evidence showing that the application complies with the criteria for a variance of use from the terms of the zoning ordinance in accordance with IC 36-7-4-918.4.

A permit authority may not require an applicant to submit information about, and may not evaluate an applicant's business decisions with respect to, the applicant's designed service, customer demand, service quality, or desired signal strength to a particular location.

(b) An application that contains the information required under subsection (a) is considered complete.

(c) A permit authority shall review an application within ten (10) business days of its receipt to determine if the application is complete. If a permit authority determines that an application is not complete, the permit authority shall notify the applicant in writing of all defects in the application. If a permit authority does not notify an applicant in writing of all defects in the application, the application is considered complete.

(d) An applicant that receives a written notice under subsection (c) may cure the defects set forth in the notice and resubmit the corrected application to the permit authority within thirty (30) days of receiving the notice. If an applicant is unable to cure the defects within the thirty (30) day period, the applicant shall notify the permit authority of the additional time the applicant requires to cure the defects.

(e) Subject to subsection (f), not more than ninety (90) days after making an initial determination of completeness under subsection (c), a permit authority shall:

(1) review the application to determine if it complies with applicable laws and ordinances governing land use and zoning; and

(2) notify the applicant in writing whether the application is approved or denied.

(f) Notwithstanding the ninety (90) day period set forth in subsection (e), the following apply:

(1) If the applicant requested additional time under subsection (d) to cure defects in the application, the ninety (90) day period set forth in subsection (e) is extended for a corresponding amount of time.

(2) If the application for the proposed wireless support structure requires a variance of use from the terms of an applicable zoning ordinance in accordance with IC 36-7-4-918.4, the permit authority may have not more than thirty (30) additional days to comply with subsection (e).

As added by P.L.145-2015, SEC.3.
Ind. Code § 8-3-17-11 — Indiana Code / Title 8 / Article 3 / Chapter 17 / Section 8-3-17-11
Effect of Acts 1975, P.L.80 on commissions
Status: in_force

Sec. 11. Acts 1975, P.L.80 does not affect the validity of a railroad policeman's commission in existence on January 1, 1976.

As added by P.L.1-1989, SEC.16.
Ind. Code § 8-1.5-6-10 — Indiana Code / Title 8 / Article 1.5 / Chapter 6 / Section 8-1.5-6-10
Service disputes between utilities in regulated territories
Status: in_force

Sec. 10. (a) This section applies to a dispute, other than a dispute described in section 7, 8, or 9 of this chapter, that:

(1) arises between two (2) or more utilities as to which utility will provide utility service in a regulated territory; and

(2) is not the subject of an action initially filed in a court before January 1, 2014.

A dispute shall be resolved by the commission under this section.

(b) A proceeding under this section may be initiated:

(1) by a utility that is a party to a dispute described in subsection (a); or

(2) by the commission on its own initiative.

(c) Throughout a proceeding under this section, the commission shall, where feasible, promote the resolution of the dispute described in subsection (a) through a mutual agreement between the utilities that apportions the provision of utility service in the regulated territory. A mutual agreement described in this subsection is the preferred way of resolving a dispute described in subsection (a). However, to resolve the dispute, a mutual agreement must be approved by the commission in an order issued under subsection (e), and the commission may approve a mutual agreement only if the commission determines that the mutual agreement is in the public interest.

(d) If the utilities are unable to reach a mutual agreement under subsection (c), the commission shall determine the manner in which utilities shall provide service in the regulated territory. In making the determination, the commission shall consider the criteria set forth in section 8(g) of this chapter.

(e) After notice and hearing, the commission shall issue an order:

(1) approving a mutual agreement under subsection (c); or

(2) making a final determination under subsection (d).

As added by P.L.213-2014, SEC.7.
Ind. Code § 8-1-10-2 — Indiana Code / Title 8 / Article 1 / Chapter 10 / Section 8-1-10-2
Fines and penalties
Status: in_force

Sec. 2. Any person, firm, limited liability company, or corporation violating any provision of section 1 of this chapter shall become liable to a penalty of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) for each offense, to be recovered in an action in the proper circuit or superior court, by the state of Indiana on the relation of the attorney general or any prosecuting attorney, and such penalty, when recovered, shall be paid into the state treasury, for the use of the state.

Formerly: Acts 1915, c.57, s.2. As amended by P.L.59-1984, SEC.64; P.L.8-1993, SEC.121.
Ind. Code § 8-25-3-3 — Indiana Code / Title 8 / Article 25 / Chapter 3 / Section 8-25-3-3
Repealed
Status: repealed

As added by P.L.153-2014, SEC.17. Repealed by P.L.197-2016, SEC.92.
Ind. Code § 8-4.5-1-8 — Indiana Code / Title 8 / Article 4.5 / Chapter 1 / Section 8-4.5-1-8
"Fund"
Status: in_force

Sec. 8. "Fund" refers to the transportation corridor fund established by IC 8-4.5-3-7.

As added by P.L.40-1995, SEC.3.
Ind. Code § 8-10-5-17 — Indiana Code / Title 8 / Article 10 / Chapter 5 / Section 8-10-5-17
Cumulative channel maintenance fund; establishment; tax levies; docking and launch fees
Status: in_force

Sec. 17. (a) The board of directors of any port authority may, by resolution, recommend to any municipal corporation or county that a cumulative channel maintenance fund be established under IC 6-1.1-41 to provide funds for the:

(1) dredging of channels;

(2) cleaning of channels and shores of debris and any other pollutants;

(3) purchase, renovation, construction, or repair of bulkheads, pilings, docks, and wharves;

(4) purchase and development of land adjoining channels within the jurisdiction of the port authority and which land is necessary to the fulfillment of the plan adopted by the port authority for the future development, construction, and improvement of its facilities. The purchased and developed land shall be available to the residents of the taxing district without further charge; or

(5) regulation and enforcement of regulation of all uses and activities related to waters that are under the jurisdiction of the port authority.

(b) To provide for the cumulative channel maintenance fund:

(1) a county, city, or town fiscal body may levy a tax in compliance with IC 6-1.1-41 not to exceed three and thirty-three hundredths cents ($0.0333) on each one hundred dollars ($100) on all taxable property within the county, town, or city; and

(2) a city described in sections 22(a) and 23(a) of this chapter may impose the following:

(A) An annual docking fee under section 22 of this chapter.

(B) A marina launch fee under section 23 of this chapter.

(c) The revenue from a tax, an annual docking fee, or a marina launch fee collected under subsection (b) shall be held in the cumulative channel maintenance fund established under subsection (a).

Formerly: Acts 1959, c.343, s.16; Acts 1972, P.L.67, SEC.1. As amended by Acts 1981, P.L.11, SEC.53; P.L.8-1989, SEC.53; P.L.17-1995, SEC.7; P.L.6-1997, SEC.133; P.L.34-2004, SEC.1.
Ind. Code § 8-22-1-4.5 — Indiana Code / Title 8 / Article 22 / Chapter 1 / Section 8-22-1-4.5
"Aviation related property or facilities"
Status: in_force

Sec. 4.5. (a) "Aviation related property or facilities" means those properties or facilities that are utilized by a lessee, or a lessee's assigns, who provides services or accommodations:

(1) for scheduled or unscheduled air carriers and air taxis, and their passengers, air cargo operations, and related ground transportation facilities;

(2) for fixed based operations;

(3) for general aviation or military users; and

(4) as aviation manufacturing, assembly, research and development, or maintenance and repair facilities.

(b) The term includes any property leased to the United States, or its agencies or instrumentalities, and any leased property identified as clear zones, aviation easements, safety and transition areas, as defined by the Federal Aviation Administration.

As added by P.L.60-1988, SEC.19. Amended by P.L.190-2014, SEC.30.
Ind. Code § 8-17-4.1-3 — Indiana Code / Title 8 / Article 17 / Chapter 4.1 / Section 8-17-4.1-3
Development of adequate system
Status: in_force

Sec. 3. The state board of accounts shall develop systems of records for every county and municipality to maintain. The records shall be adequate (considering the anticipated number and type of transactions relating to roads and streets) to show the sources and amount of receipts and expenditures of the department, the purpose of the expenditures, and an accounting of all funds.

Formerly: Acts 1971, P.L.103, SEC.1. As amended by P.L.86-1988, SEC.117.
Ind. Code § 8-14-11-1 — Indiana Code / Title 8 / Article 14 / Chapter 11 / Section 8-14-11-1-b
Repealed
Status: repealed

Note: This repeal of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027.

As added by P.L.117-1989, SEC.1. Repealed by P.L.152-2026, SEC.77.
Ind. Code § 8-1-42-18 — Indiana Code / Title 8 / Article 1 / Chapter 42 / Section 8-1-42-18
Decommissioning and site restoration plan; posting of surety bond or equivalent security; required posting increments; adjustment of bond or security after periodic reevaluation of decommissioning costs; costs to be net of estimated salvage value; project owner's notice of intent to decommission CSE system; ground restoration; project owner's failure to remove project assets; assets allowed to remain in place with landowner's consent
Status: in_force

Sec. 18. (a) Subject to subsection (b), and except as otherwise allowed by IC 36-7-4-1109, a project owner may not install or locate a CSE system in a unit unless the project owner submits to the permit authority a decommissioning and site restoration plan, and posts a surety bond, or an equivalent means of security acceptable to the permit authority, including a parent company guarantee or an irrevocable letter of credit, but excluding cash, in an amount equal to the estimated cost of decommissioning the CSE system, as calculated by a third party licensed or registered engineer or by another person with suitable experience in the decommissioning of CSE systems, as agreed upon by the project owner and the permit authority. The required bond or other security shall be posted in increments such that the total amount of the bond or security posted is as follows:

(1) An amount equal to twenty-five percent (25%) of the total estimated decommissioning costs not later than the start date of the CSE system's full commercial operation.

(2) An amount equal to fifty percent (50%) of the total estimated decommissioning costs not later than the fifth anniversary of the start date of the CSE system's full commercial operation.

(3) An amount equal to one hundred percent (100%) of the total estimated decommissioning costs not later than the tenth anniversary of the start date of the CSE system's full commercial operation. For purposes of this subdivision, the total estimated decommissioning costs shall be reevaluated by a third party licensed or registered engineer (or by another person with suitable experience in the decommissioning of CSE systems, as agreed upon by the project owner and the permit authority):

(A) in connection with the tenth anniversary of the start date of the CSE system's full commercial operation; and

(B) at least once every succeeding five (5) year period after the tenth anniversary of the start date of the CSE system's full commercial operation;

and the total amount of the bond or security posted under this subdivision shall be adjusted as necessary after each reevaluation.

(b) For purposes of this section, the estimated cost of decommissioning a CSE system, as calculated by a licensed or registered professional engineer (or by another person with suitable experience in the decommissioning of CSE systems, as agreed upon by the project owner and the permit authority), shall be net of any estimated salvage value attributable to the CSE system at the time of decommissioning, unless the unit and the project owner agree to include any such value in the estimated cost.

(c) A project owner shall provide to the permit authority written notice of the project owner's intent to decommission a CSE system not later than sixty (60) days before the discontinuation of commercial operation by the CSE system. Except as provided in subsection (e), after the discontinuation of commercial operation by the CSE system, and as part of the decommissioning process:

(1) all structures, foundations, roads, gravel areas, and cables associated with the project shall be removed to a depth of at least thirty-six (36) inches below grade; and

(2) the ground shall be restored to a condition reasonably similar to its condition before the start of construction activities in connection with the CSE system project.

(d) Except as provided in subsection (e), if the project owner fails to remove all CSE system project assets not later than one (1) year after the proposed date of final decommissioning, as set forth in the notice to the permit authority under subsection (c), the permit authority may engage qualified contractors to:

(1) enter the project site;

(2) remove the CSE system project assets;

(3) sell any assets removed; and

(4) remediate the site;

and may initiate proceedings to recover any costs incurred.

(e) Project assets may remain in place after decommissioning is complete if:

(1) the location and condition of the assets conform with local regulations at the time of decommissioning; and

(2) the written consent of the landowner is obtained.

As added by P.L.90-2022, SEC.2.
Ind. Code § 8-17-1-21 — Indiana Code / Title 8 / Article 17 / Chapter 1 / Section 8-17-1-21
Repealed
Status: repealed

Formerly: Acts 1919, c.112, s.22. As amended by P.L.86-1988, SEC.85. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-21-12-21 — Indiana Code / Title 8 / Article 21 / Chapter 12 / Section 8-21-12-21
Airports and other navigation facilities; receipt of funds; grants
Status: in_force

Sec. 21. (a) The authority may accept, receive, and receipt for federal, other public, or private money for the acquisition, construction, enlargement, improvement, maintenance, equipment, or operation of airports, other air navigation facilities, and sites for them, and comply with federal laws made for the expenditure of federal money upon airports and other air navigation facilities.

(b) Subject to IC 8-21-8, the authority has exclusive power to submit to the proper state and federal agencies applications for grants of funds for airport development and to make or execute representations, assurances, and contracts, to enter into covenants and agreements with a state or a federal agency relative to the development of an airport, and to comply with all federal and state laws pertaining to the acquisition, development, operation, and administration of airports and properties by the authority.

As added by P.L.28-1991, SEC.2.
Ind. Code § 8-17-1-0.1 — Indiana Code / Title 8 / Article 17 / Chapter 1 / Section 8-17-1-0.1
"Department" defined
Status: in_force

Sec. 0.1. As used in this chapter, the term "department" refers to the Indiana department of transportation.

As added by Acts 1980, P.L.74, SEC.296. Amended by P.L.86-1988, SEC.65; P.L.18-1990, SEC.150.
Ind. Code § 8-1-13-28 — Indiana Code / Title 8 / Article 1 / Chapter 13 / Section 8-1-13-28
Rules; customer relations; adoption; complaints; procedures
Status: in_force

Sec. 28. (a) The commission shall adopt rules to govern the relations between corporations and any or all classes of their customers. Those rules shall cover the following subjects:

(1) Extension of service.

(2) Extension of credit.

(3) Deposits, including interest.

(4) Billing procedures.

(5) Termination of service.

(6) Complaints.

(7) Information and notice to customers of their rights under the rules.

(b) The commission may investigate and enter orders on complaints filed by individual customers arising under this section. The commission may establish an appeals division to act on its own behalf regarding individual customer complaints. The decision of the division is binding on all parties to the complaint. The commission shall review decisions of the appeals division upon timely request by an affected party.

(c) This section does not invalidate any rule adopted by the commission before September 1, 1987, to govern the relations between corporations and their customers if the rule is consistent with this section.

As added by P.L.121-1987, SEC.5.
Ind. Code § 8-14-11-4 — Indiana Code / Title 8 / Article 14 / Chapter 11 / Section 8-14-11-4
"Executive" defined
Status: in_force

Sec. 4. As used in this chapter, "executive" has the meaning set forth in IC 36-1-2-5.

As added by P.L.117-1989, SEC.1.
Ind. Code § 8-1-2-76 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-76
Stocks, bonds, commercial paper, and other evidences of indebtedness; limitations upon authority to issue
Status: in_force

Sec. 76. No public utility shall hereafter issue for any purposes connected with or relating to any part of its business, any stocks, certificates of stock, bonds, notes or other evidences of indebtedness, payable at periods of more than twelve (12) months, to an amount exceeding that which may from time to time be reasonably necessary, determined as provided for under this chapter, for the purpose for which issue of stock, certificates of stock, bonds, notes or other evidences of indebtedness may be authorized.

Formerly: Acts 1913, c.76, s.88. As amended by P.L.136-2018, SEC.47.
Ind. Code § 8-9-12-2 — Indiana Code / Title 8 / Article 9 / Chapter 12 / Section 8-9-12-2
"Operating crew member"
Status: in_force

Sec. 2. (a) As used in this chapter, "operating crew member" means a railroad employee who is able to:

(1) read and understand the timetables of the carrier that employs the railroad employee;

(2) read ordinary handwriting in the English language;

(3) speak, hear, and understand the English language; and

(4) see, distinguish, and understand the signals required by the book of rules of the carrier governing the operation of the locomotives and trains of the carrier.

(b) In addition to satisfying the requirements of subsection (a), the following railroad employees must pass the regular examination prescribed by the carrier concerning the rules and regulations governing their particular position:

(1) Engineers.

(2) Conductors.

(3) Flagmen.

(4) Firemen, brakemen, or yard brakemen or helpers.

(5) Yard conductors or foremen.

As added by P.L.21-2001, SEC.1. Amended by P.L.50-2011, SEC.3.
Ind. Code § 8-25-6-11 — Indiana Code / Title 8 / Article 25 / Chapter 6 / Section 8-25-6-11
Repealed
Status: repealed

As added by P.L.153-2014, SEC.17. Repealed by P.L.197-2016, SEC.99.
Ind. Code § 8-1-2-20 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-20
Depreciation account; rules, regulations, and forms
Status: in_force

Sec. 20. The commission shall also prescribe rules, regulations and forms of accounts regarding such depreciation, which the public utility is required to carry into effect.

Formerly: Acts 1913, c.76, s.23.
Ind. Code § 8-2.1-23-1 — Indiana Code / Title 8 / Article 2.1 / Chapter 23 / Section 8-2.1-23-1
Establishment; purpose
Status: in_force

Sec. 1. The motor carrier regulation fund is established for the purpose of funding:

(1) the administration and enforcement of this article; and

(2) the administration and enforcement of IC 6-6-4.1 and IC 6-8.1-4-4.

As added by P.L.99-1989, SEC.14. Amended by P.L.73-1990, SEC.1; P.L.277-1993(ss), SEC.54; P.L.119-1998, SEC.26.
Ind. Code § 8-1-31.5-12 — Indiana Code / Title 8 / Article 1 / Chapter 31.5 / Section 8-1-31.5-12
Petition for system integrity adjustment; requirements; utility consumer counselor; hearing and order; duration of system integrity adjustment
Status: in_force

Sec. 12. (a) An eligible utility that is not collecting a system integrity adjustment may file with the commission a petition setting forth rate schedules that establish a system integrity adjustment to recover from or credit to customers the eligible utility's adjustment amount. The petition must establish that the eligible utility's system integrity collar has been satisfied on a cumulative basis following the effective date of the commission's order in the eligible utility's most recent general rate case. The eligible utility's system integrity collar may not be included in the calculation of its adjustment amount. The eligible utility shall certify in the petition that the eligible utility will use any adjustment revenues for eligible infrastructure improvements (as defined in IC 8-1-31-5).

(b) An eligible utility shall serve the office of the utility consumer counselor a copy of the petition at the same time the petition is filed with the commission. The office of the utility consumer counselor may do the following:

(1) Examine information of the eligible utility to confirm proper calculation of the proposed system integrity adjustment.

(2) Submit a report of the examination to the commission not later than thirty (30) days after the petition is filed.

(c) The commission shall hold a hearing on the petition and issue its order not later than ninety (90) days after the petition is filed.

(d) If the commission determines that the system integrity adjustment is properly calculated, the commission shall enter an order approving the petition. The system integrity adjustment may be collected until the earlier of the following:

(1) Forty-eight (48) months after the date set forth in the order entered under this subsection on which the eligible utility may begin collecting the system integrity adjustment.

(2) The date on which the commission issues an order in the eligible utility's next general rate case proceeding.

As added by P.L.104-2016, SEC.3.
Ind. Code § 8-1-1.5-5 — Indiana Code / Title 8 / Article 1 / Chapter 1.5 / Section 8-1-1.5-5
Vacancy on public service commission; notice; meeting; nomination of candidates; appointment
Status: in_force

Sec. 5. (a) When a vacancy occurs on the commission, the governor shall promptly notify the chairman of the nominating committee of the vacancy. The chairman shall call a meeting of the committee within ten (10) days after the notice. The nominating committee shall submit its nominations of three (3) candidates for each vacancy and certify them to the governor no later than forty (40) days from the time the vacancy occurs. When it is known that a vacancy will occur at a definite future date, but the vacancy has not yet occurred, the governor shall notify the nominating committee immediately thereof, and the committee may, within sixty (60) days of the notice of the vacancy, make its nominations and submit to the governor the names of three (3) persons nominated for the forthcoming vacancy.

(b) The governor may appoint to the commission one (1) of the three (3) persons nominated by the nominating committee for a vacancy, or the governor may reject all of such nominees. If the governor rejects all of such nominees, he shall so notify the chairman of the nominating committee, and the committee shall certify the nominations of three (3) additional candidates to the governor not later than forty (40) days after receipt of such notice. The governor shall fill the vacancy on the commission from one (1) of such additional nominees.

As added by P.L.43-1983, SEC.8.
Ind. Code § 8-21-1-8 — Indiana Code / Title 8 / Article 21 / Chapter 1 / Section 8-21-1-8
Powers and duties
Status: in_force

Sec. 8. (a) The department shall encourage, foster, and assist in the development of aeronautics in this state and shall encourage the establishment of airports, landing fields, and other navigation facilities.

(b) The department shall cooperate with and assist the federal government, the political subdivisions of this state, and others engaged in aeronautics or the advancement of aeronautics and shall seek to coordinate the aeronautical activities of these bodies.

(c) All rules prescribed by the department concerning aeronautics shall be kept in conformity with, and limited to as nearly as may be, the then current federal legislation governing aeronautics and the regulations duly promulgated thereunder.

(d) The department shall develop and continuously update a proposed state airports system plan which will best serve the interests of the state and its political subdivisions. Such state airports system plan shall be coordinated with the national airport plan prepared by the federal agency fostering civil aviation.

(e) The department may publish and revise from time to time a state airways system plan, and maps, directories, or other materials deemed necessary may be sold by the department at a price which shall be fixed by the department. All money accruing from the sale of any such publication:

(1) shall be paid into the state treasury;

(2) shall be credited to the department; and

(3) is hereby appropriated to such department to be used for future publications by the department, without reversion to the general fund of the state at the end of any fiscal year. However, any time the balance in said fund exceeds ten thousand dollars ($10,000), such excess shall revert to the general fund of the state.

(f) The department may offer the engineering or other technical advice of the department, without charge, to any municipality or person desiring them in connection with the construction, maintenance, or operation or proposed construction, maintenance, or operation of an airport or landing field.

(g) The department may recommend necessary legislation to advance the interests of the state in aeronautics and represent the state in aeronautical matters before federal agencies and other state agencies.

(h) The department shall have the power to approve or disapprove all purchases made by any municipality of any land to be used by said municipality for the establishment of any airport or landing field, and the establishment by any municipality of any airport or landing field.

(i) The department may participate as party plaintiff or defendant, or as intervener on behalf of the state or any municipality or citizen thereof in any controversy having to do with any claimed encroachment by the federal government or any foreign state upon any state or individual rights pertaining to aeronautics.

(j) Municipalities are authorized to cooperate with the department in the development of aeronautics and aeronautical facilities and services of other agencies of the state to the utmost extent possible, and such agencies are authorized and directed to make available such facilities and services.

(k) The department, or any employee designated by it, shall have the power to hold investigations, and hearings concerning matters covered by this chapter and orders and rules of the department, in accordance with IC 4-21.5. All hearings so conducted shall be open to the public. The reports of investigations or hearings, or any part of the investigations or hearings, shall not be admitted in evidence or used for any purpose in any suit, action, or proceeding, growing out of any matter referred to in the investigation, hearing, or report of the investigation or hearing, except in case of criminal or other proceedings instituted in behalf of the department or this state under the provisions of this chapter and other laws of this state.

(l) The department may render advice in the acquisition, development, operation, or maintenance of airports owned, controlled, or operated, or to be owned, controlled, or operated, by municipalities in this state.

(m) The department may not grant any exclusive right for the use of any airway, airport, landing field, or other air navigation facility under its jurisdiction. This subsection shall not prevent the making of leases in accordance with other provisions of this chapter.

(n) Gifts or grants of money for aeronautical purposes may be received by the state and shall be deposited in an aviation fund. Disbursal of such funds shall be for aeronautical purposes only or for the purpose for which they were given or granted. Gifts or grants of property for aeronautical purposes may be received by the state and shall be used for the purpose given or granted. Gifts or grants of money or property for aeronautical purposes must be administered in the same manner as other gifts and grants received by the state are administered.

(o) The department may adopt rules under IC 4-22-2 for the control of aircraft accident sites in Indiana. Until representatives of appropriate federal agencies arrive on the site of an aircraft accident, state and local law enforcement agencies and accident investigation agencies shall comply with any rules adopted by the department under this section.

(p) The department may, with written approval of the budget agency, purchase and operate aircraft forfeited under IC 34-24-1 (or IC 34-4-30.1 before its repeal). When the department acquires an aircraft, it shall pay all proper expenses of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of custody, and advertising and court costs.

Formerly: Acts 1945, c.360, s.8; Acts 1951, c.300, s.1; Acts 1975, P.L.93, SEC.8. As amended by Acts 1979, P.L.98, SEC.1; Acts 1979, P.L.99, SEC.1; Acts 1980, P.L.74, SEC.310; Acts 1981, P.L.11, SEC.67; Acts 1982, P.L.62, SEC.12; P.L.7-1987, SEC.13; P.L.18-1990, SEC.155; P.L.1-1998, SEC.90; P.L.2-2014, SEC.34; P.L.136-2018, SEC.99.
Ind. Code § 8-23-9.5-2 — Indiana Code / Title 8 / Article 23 / Chapter 9.5 / Section 8-23-9.5-2
"CMGC" or "construction manager general contractor"
Status: in_force

Sec. 2. As used in this chapter, "CMGC" or "construction manager general contractor" means a person that is awarded a two-phase contract for a project and is responsible for providing:

(1) preconstruction services under phase one; and

(2) if a price agreement is reached, construction services under phase two;

of the contract.

As added by P.L.60-2023, SEC.2. Amended by P.L.9-2024, SEC.305.
Ind. Code § 8-23-2-12.5 — Indiana Code / Title 8 / Article 23 / Chapter 2 / Section 8-23-2-12.5
"Contractor"; "professional services"; liability of contractors
Status: in_force

Sec. 12.5. (a) As used in this section, "contractor" refers to a person who provides professional services under a contract with the department.

(b) As used in this section, "professional services" refers to engineering, architectural, or surveying services.

(c) Notwithstanding any provision of IC 26-2-5-1 to the contrary, the department may not require a contractor to assume any liability or indemnify the state for any amount greater than the degree of fault of the contractor.

(d) Any contractual provision in conflict with the prohibitions contained in subsection (c) is void and unenforceable.

As added by P.L.50-2008, SEC.1.
Ind. Code § 8-15-2-10.5 — Indiana Code / Title 8 / Article 15 / Chapter 2 / Section 8-15-2-10.5
Toll road succeeding lien bonds
Status: in_force

Sec. 10.5. (a) If at any time all revenues are pledged to secure the payment of any toll road revenue bonds then outstanding, the authority, rather than providing for the issuance of another series of bonds equally secured by a pledge of such revenues or for immediate refunding of such bonds, may as it considers it advisable, provide by resolution for the issuance of toll road succeeding lien bonds of the state for the purpose of paying all or any part of the cost of any one (1) or more toll road projects, or for the present or future refunding of part or all of the outstanding toll road revenue bonds, or for both purposes.

(b) Notwithstanding any other provision of this chapter, revenues shall not be considered to be pledged for the payment of such succeeding lien bonds, including the interest thereon, so long as any of such prior bonds are outstanding but, upon retirement of such prior bonds, such revenues shall be subjected immediately to a pledge securing the succeeding lien bonds by the terms of the trust agreement under which such succeeding lien bonds are issued without any further action by the authority.

(c) Succeeding lien bonds must provide that, pending payment of all such prior outstanding bonds, interest on the succeeding lien bonds shall be paid solely from the portion of the proceeds of the succeeding lien bonds designated for the payment of capitalized interest and from the earnings on such proceeds. After such prior outstanding bonds have been redeemed or retired, the principal of, premium, if any, and the interest on, the succeeding lien bonds shall be payable solely from the revenues and other funds pledged for such payment.

(d) The issuance and sale of succeeding lien bonds, the maturities and other details thereof, the rights of the holders thereof, and the rights, duties and obligations of the authority with respect thereto, shall be governed by the provisions of this chapter insofar as the same may be applicable, and the authority need not comply with the requirements of any other law applicable to the issuance of bonds other than as set forth in this chapter.

As added by Acts 1980, P.L.74, SEC.237. Amended by Acts 1981, P.L.41, SEC.55; P.L.109-1983, SEC.14.
Ind. Code § 8-9-6-1 — Indiana Code / Title 8 / Article 9 / Chapter 6 / Section 8-9-6-1
Violation; injury or sickness exception
Status: in_force

Sec. 1. It is a Class C infraction for a railroad company to allow any person to fill the position of an engineer, fireman, conductor, baggagemaster, brakeman, or flagman unless regularly employed as such. This section does not prevent any railroad company using any person in case of injury or sickness occurring between terminals to any engineer, fireman, conductor, baggagemaster, brakeman, or flagman.

Formerly: Acts 1913, c.232, s.1. As amended by Acts 1978, P.L.2, SEC.837.
Ind. Code § 8-1-39-10 — Indiana Code / Title 8 / Article 1 / Chapter 39 / Section 8-1-39-10
Petition for approval of TDSIC plan; notice, hearing, and order; approval and authorization of TDSIC treatment; targeted economic development projects; termination of existing plan
Status: in_force

Sec. 10. (a) A public utility shall petition the commission for approval of the public utility's TDSIC plan for eligible transmission, distribution, and storage improvements. A plan submitted under this subsection may include for approval a targeted economic development project described in section 11 of this chapter.

(b) Following notice and hearing, and not more than two hundred ten (210) days after the public utility petitions the commission under subsection (a), the commission shall issue an order on the petition. The order must include the following:

(1) A finding of the best estimate of the cost of the eligible improvements included in the plan.

(2) A determination whether public convenience and necessity require or will require the eligible improvements included in the plan.

(3) A determination whether the estimated costs of the eligible improvements included in the plan are justified by incremental benefits attributable to the plan.

If the commission determines that the public utility's TDSIC plan is reasonable, the commission shall approve the plan and authorize TDSIC treatment for the eligible transmission, distribution, and storage improvements included in the plan.

(c) A public utility that provides gas or electric service may petition the commission to approve a targeted economic development project as part of the public utility's TDSIC plan under subsection (a). The commission shall review within sixty (60) days the part of the petition concerning the targeted economic development project and approve the inclusion of the project if the commission determines that the inclusion of the project is consistent with the requirements of this chapter.

(d) A public utility may terminate an existing TDSIC plan before the end of the original plan period by providing the commission a notice of termination at least sixty (60) days before the date on which the plan will terminate. Eligible transmission, distribution, and storage improvements receiving TDSIC treatment under section 9 of this chapter before termination of the plan shall continue to receive TDSIC treatment under section 9 of this chapter after termination of the plan until a final order in the public utility's next general rate case is issued. A public utility that terminates a plan:

(1) may petition the commission for approval of a new TDSIC plan under this section; and

(2) must petition the commission for review and approval of the public utility's basic rates and charges with respect to the same type of utility service before the original expiration date of the terminated plan.

As added by P.L.133-2013, SEC.5. Amended by P.L.89-2019, SEC.4.
Ind. Code § 8-22-3.7-15 — Indiana Code / Title 8 / Article 22 / Chapter 3.7 / Section 8-22-3.7-15
Party walls; easements; licenses
Status: in_force

Sec. 15. The development authority and the authority may enter into common wall (party wall) agreements or other agreements concerning easements or licenses. These agreements shall be recorded with the recorder of the county.

As added by P.L.108-1993, SEC.11.
Ind. Code § 8-23-17-15 — Indiana Code / Title 8 / Article 23 / Chapter 17 / Section 8-23-17-15
Payment based on average annual net earnings
Status: in_force

Sec. 15. (a) A displaced person eligible for payment under section 13 of this chapter who is displaced from a place of business or farm operation and elects to accept the payment authorized by this section in lieu of the payment authorized by section 13 of this chapter may receive a fixed payment in an amount equal to the average annual net earnings of the business or farm operation. However, except as provided in section 12(2) of this chapter, the payment shall not be more than five thousand dollars ($5,000). In the case of a business, no payment shall be made under this section unless the agency head is satisfied that the business:

(1) cannot be relocated without a substantial loss of its existing patronage; and

(2) is not a part of a commercial enterprise having at least one (1) other establishment not being acquired by the agency and which is engaged in the same or similar business.

(b) For purposes of this section, "average annual net earnings" means one-half (1/2) of any net earnings of the business or farm operation, before federal, state, and local income taxes, during the two (2) taxable years immediately preceding the taxable year in which the business or farm operation moves from the real property acquired by the agency. The term includes any compensation paid by the business or farm operation to the owner, the owner's spouse, or dependents during the period.

As added by P.L.18-1990, SEC.226.
Ind. Code § 8-20-1-14 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-14
Repealed
Status: repealed

Formerly: Acts 1905, c.167, s.14. As amended by P.L.86-1988, SEC.171. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-23-9-36 — Indiana Code / Title 8 / Article 23 / Chapter 9 / Section 8-23-9-36
Claims against contractors; certificates of filing of actions
Status: in_force

Sec. 36. Upon the filing of an action under section 34 of this chapter, the person, firm, limited liability company, or corporation filing the action shall procure from the clerk of the court where filed a certificate under the seal of the court that an action has been filed with the date of filing and the names of the parties. The certificate shall be within five (5) days after the date of filing the action forwarded by the person, firm, limited liability company, or corporation to the department.

As added by P.L.18-1990, SEC.218. Amended by P.L.8-1993, SEC.160.
Ind. Code § 8-1-7.9-24 — Indiana Code / Title 8 / Article 1 / Chapter 7.9 / Section 8-1-7.9-24
Petition for approval of project to serve large load customer; commission's final order; time frame for issuance; reasonable risk premium; approval of acquisition of generation resource; required findings by commission; large load customer no longer requiring service; notice to commission; investigation; modification or revocation of order
Status: in_force

Sec. 24. (a) This section applies to an energy utility that petitions the commission for approval of a project to serve a large load customer.

(b) The commission may approve a petition in whole or in part. The commission shall make its decision based on whether the relief requested is just, reasonable, and in the public interest. The commission shall issue its final order on the petition not later than one hundred fifty (150) days after receiving the energy utility's complete petition and case in chief. A petition is considered:

(1) complete unless the commission provides a notice of deficiency to the energy utility not later than seven (7) business days after the filing of the petition; and

(2) approved if the commission does not issue a final order on the petition within the one hundred fifty (150) day period set forth in this subsection.

(c) If an energy utility files a petition that includes one (1) or more large load customers and one (1) or more proposed projects, the commission may:

(1) approve the energy utility's petition in its entirety;

(2) deny the energy utility's petition in its entirety; or

(3) modify the petition, subject to the energy utility's acceptance of the modification.

(d) The commission may approve a reasonable risk premium for a project if requested in an energy utility's petition and if the commission finds that the reasonable risk premium is appropriate. If the commission approves a reasonable risk premium:

(1) the large load customer is responsible for the amount of the reasonable risk premium; and

(2) the reasonable risk premium may not be:

(A) included in the energy utility's:

(i) revenue requirement;

(ii) authorized net operating income; or

(iii) calculations under IC 8-1-2-42(d)(3) or IC 8-1-2-42(g)(3)(C); or

(B) otherwise considered for purposes of setting the authorized return in any future general rate case or other regulatory proceeding involving the energy utility.

(e) The commission may approve an energy utility's request to construct, purchase, lease, or otherwise acquire an energy generation resource under this chapter (notwithstanding and instead of under IC 8-1-2.5, IC 8-1-8.5, or IC 8-1-8.8) for the purpose of serving one (1) or more large load customers. In approving an energy utility's request under this chapter to acquire an energy generation resource to serve one (1) or more large load customers, the commission must find that:

(1) the information provided by the energy utility under section 23 of this chapter is complete;

(2) reasonable and demonstrable consideration was given to nongeneration alternatives by the parties involved;

(3) existing and future customers of the energy utility will be adequately protected if the request is granted; and

(4) the energy utility has considered the impact of the request on the energy utility's preferred resource portfolio in the energy utility's most recent integrated resource plan.

(f) An energy utility shall promptly notify the commission if, after the commission has approved a petition under subsection (e), one (1) or more of the large load customers with respect to whom the petition was approved:

(1) no longer requires service from the energy utility or materially alters or terminates the large load customer's service requirements; and

(2) the project is incomplete.

(g) The commission may, not later than sixty (60) days after receiving a notice under subsection (f), conduct an investigation under IC 8-1-2-58 through IC 8-1-2-60 to determine whether the public interest would still be served by completion of the project. An investigation under this subsection does not preclude the energy utility from continuing construction of the project to serve the large load customer or from continuing to serve the large load customer. If the commission finds that completion of the project is no longer in the public interest, the commission may modify or revoke the order approving the petition.

As added by P.L.217-2025, SEC.2.
Ind. Code § 8-1-2-54 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-54
Complaints against utilities; hearing
Status: in_force

Sec. 54. Upon a complaint made against any public utility by any mercantile, agricultural or manufacturing society or by any body politic or municipal organization or by ten (10) persons, firms, limited liability companies, corporations, or associations, or ten (10) complainants of all or any of the aforementioned classes, or by any public utility, that any of the rates, tolls, charges or schedules or any joint rate or rates in which such petitioner is directly interested are in any respect unreasonable or unjustly discriminatory, or that any regulation, measurement, practice or act whatsoever affecting or relating to the service of any public utility, or any service in connection therewith, is in any respect unreasonable, unsafe, insufficient or unjustly discriminatory, or that any service is inadequate or can not be obtained, the commission shall proceed, with or without notice, to make such investigation as it may deem necessary or convenient. But no order affecting said rates, tolls, charges, schedules, regulations, measurements, practice or act, complained of, shall be entered by the commission without a formal public hearing.

Formerly: Acts 1913, c.76, s.57. As amended by P.L.8-1993, SEC.108.
Ind. Code § 8-14-1-0.1 — Indiana Code / Title 8 / Article 14 / Chapter 1 / Section 8-14-1-0.1
Application of certain amendments to chapter
Status: in_force

Sec. 0.1. The addition of section 11 of this chapter by P.L.116-1989 applies to all accounts receivable that are found to be uncollectible on July 1, 1989, and to accounts that are found to be uncollectible after June 30, 1989.

As added by P.L.220-2011, SEC.198.
Ind. Code § 8-2.1-22-37 — Indiana Code / Title 8 / Article 2.1 / Chapter 22 / Section 8-2.1-22-37
War or national emergency; suspension of certificate
Status: in_force

Sec. 37. In addition to all other powers granted to the department under this chapter, the department may suspend, in whole or in part, any certificate upon the application of the holder thereof, without notice, for the duration of a declared war or a declared national emergency and for a period of six (6) months thereafter, or for any lesser period of time.

As added by P.L.99-1989, SEC.13. Amended by P.L.205-2025, SEC.45.
Ind. Code § 8-15.5-2-9.7 — Indiana Code / Title 8 / Article 15.5 / Chapter 2 / Section 8-15.5-2-9.7
"Unit of local government"
Status: in_force

Sec. 9.7. "Unit of local government" means a:

(1) county;

(2) city;

(3) town; or

(4) township;

located in Indiana.

As added by P.L.91-2014, SEC.21.
Ind. Code § 8-23-8-2 — Indiana Code / Title 8 / Article 23 / Chapter 8 / Section 8-23-8-2
Division into separate roadways
Status: in_force

Sec. 2. The department and the highway authorities may divide a limited access facility into separate roadways by the construction of raised curbings, central dividing sections, or other physical separations, or by designating the separate roadways by signs, markers, stripes, and other devices and indicate the proper lane for traffic by appropriate signs, markers, stripes, and other devices.

As added by P.L.18-1990, SEC.217.
Ind. Code § 8-22-3-6.5 — Indiana Code / Title 8 / Article 22 / Chapter 3 / Section 8-22-3-6.5
Cooperation agreements with contiguous counties
Status: in_force

Sec. 6.5. (a) This section applies only to an authority that was established under IC 19-6-3 (before its repeal on April 1, 1980).

(b) As used in this section, "cooperative agreement" means an agreement entered into by the authority and an eligible county under subsection (d).

(c) As used in this section, "eligible county" means a county that is contiguous to the county in which the authority has jurisdiction.

(d) The authority and an eligible county may enter into a cooperative agreement concerning the operations, functions, projects, activities, funding, or capital expenditures of the authority under this chapter or IC 8-22-3.5.

(e) A cooperative agreement must provide for the following:

(1) The appointment to the board of the authority of one (1) or more additional members, including advisory members, representing the eligible county.

(2) The duration of the cooperative agreement.

(3) The purpose of the cooperative agreement.

(4) The manner of financing, staffing, and supplying a joint undertaking under the cooperative agreement.

(5) Establishing and maintaining a budget for a joint undertaking under the cooperative agreement.

(6) The partial or complete termination of the cooperative agreement.

(7) Any other matters the authority and the eligible county determine are necessary or desirable.

(f) A cooperative agreement may provide for the following:

(1) A trial period, not to exceed three (3) years, during which the eligible county:

(A) may cooperate in an advisory capacity; and

(B) may not be required to participate in financing activities under the cooperative agreement.

(2) The establishment of a separately appointed board to administer the cooperative agreement following the conclusion of the trial period described in subdivision (1).

(g) A proposed cooperative agreement must be approved by the:

(1) executive; and

(2) fiscal body;

of the eligible county before the eligible county may enter into the cooperative agreement.

(h) A cooperative agreement entered into under this section is not subject to IC 36-1-7.

(i) The general assembly finds the following:

(1) The authority and all eligible counties face unique and distinct challenges and opportunities related to transportation and economic development that are different in scope and type from those faced by other units of local government in Indiana due to:

(A) the status of the authority and the eligible counties in relationship to the southwest extension of Interstate Highway 69;

(B) the distance of the authority and the eligible counties from other major centers of commerce, industry, and economic activity in the state; and

(C) the relative inaccessibility of southwest Indiana to markets.

(2) A unique approach is required to fully take advantage of the economic development potential of the authority and an eligible county.

As added by P.L.97-2007, SEC.1.
Ind. Code § 8-21-9-5 — Indiana Code / Title 8 / Article 21 / Chapter 9 / Section 8-21-9-5
Repealed
Status: repealed

Formerly: Acts 1971, P.L.105, SEC.2. Repealed by Acts 1980, P.L.74, SEC.434.
Ind. Code § 8-4.5-5-16 — Indiana Code / Title 8 / Article 4.5 / Chapter 5 / Section 8-4.5-5-16
Project agreement
Status: in_force

Sec. 16. (a) After the board has approved funding for a project, the department of natural resources and the applicant must execute a project agreement.

(b) Except as provided in subsection (d), the agreement shall specify the responsibilities for project planning, design, real property acquisition, contracting, construction and materials inspection, and documentation and the criteria for each.

(c) The agreement shall specify the overall funding level approved and contain an estimated budget for eligible work items.

(d) The agreement shall specify that the department of natural resources shall assume control of the trail if the project fails because the applicant breaches the agreement.

(e) An entity having jurisdiction over a road shall administer a project located on a road. The entity by agreement may delegate part or all of this responsibility.

As added by P.L.40-1995, SEC.3.
Ind. Code § 8-1-39-11 — Indiana Code / Title 8 / Article 1 / Chapter 39 / Section 8-1-39-11
Extension of gas or electric service to targeted economic development project; approval by Indiana economic development corporation of costs as TDSIC costs; rural gas service
Status: in_force

Sec. 11. (a) The extension, construction, addition, or improvement of the plant and equipment of a public utility that is installed to provide gas or electric service to a targeted economic development project is used and useful in the public service.

(b) A public utility shall apply to the Indiana economic development corporation for approval to treat costs associated with a targeted economic development project as TDSIC costs. Costs approved by the Indiana economic development corporation shall be treated as TDSIC costs and may be recovered through a TDSIC under section 12 of this chapter. The TDSIC revenues associated with a targeted economic development project shall not be included in a public utility's total retail revenues for purposes of determining an aggregate increase under section 14 of this chapter.

(c) Notwithstanding any law or rule governing extension of service, a public utility that provides gas service may, on a nondiscriminatory basis, extend service in rural areas without a deposit or other adequate assurance of performance from the customer, to the extent that the extension of service results in a positive contribution to the utility's overall cost of service over a twenty (20) year period. However, if the public utility determines that the extension of service to a targeted economic development project will not result in a positive contribution to the utility's overall cost of service over a twenty (20) year period, the public utility may require a deposit or other adequate assurance of performance from:

(1) the developer of the targeted economic development project; or

(2) a local, regional, or state economic development organization.

As added by P.L.133-2013, SEC.5. Amended by P.L.89-2019, SEC.5.