Ind. Code § 8-1-2.3-6 — Indiana Code / Title 8 / Article 1 / Chapter 2.3 / Section 8-1-2.3-6
Change of service area boundaries
Status: in_force

Sec. 6. (a) The boundaries of the assigned service areas of electricity suppliers may not be changed except under one (1) of the following circumstances:

(1) Except as provided in subsection (b), if a municipality which owns and operates an electric utility system furnishing retail electric service to the public annexes an area beyond the assigned service area of its municipally owned electric utility, the municipally owned electric utility may petition the commission to change the assigned service area of the municipally owned electric utility to include the annexed area, according to the following procedures:

(A) The municipally owned electric utility shall file its petition with the commission not later than sixty (60) days after the annexation becomes effective. The petition must include a certified copy of the annexation ordinance, which serves as conclusive evidence that the area has been lawfully annexed and is part of the municipality. After the filing of a petition under this subdivision, the commission shall promptly enter an order changing the assigned service area facet maps of the municipally owned electric utility and incumbent electricity suppliers to include the annexed area within the assigned service area of the municipally owned electric utility and giving the right to serve and immediate possession to the municipally owned electric utility. The commission order is enforceable in court pending an appeal of that order. An appellant from a court order enforcing a commission order under this subdivision is not entitled to a stay of the court order pending appeal. However, this subdivision does not apply to incorporations, consolidations, mergers, or annexations that are under IC 36-4-3-4(a)(3), IC 36-4-3-4(b), IC 36-4-3-4(h), or IC 36-4-3-4.1 or that are not contiguous under IC 36-4-3-13(b) or IC 36-4-3-13(c).

(B) Not later than thirty (30) days after filing a petition under this subdivision, the municipally owned electric utility shall determine for each affected incumbent electricity supplier and pay to that supplier an amount not less than the value of all the electric utility property of the incumbent electricity supplier that is devoted to furnishing retail electric service within the additional assigned service area at its then reproduction cost new depreciated value. In addition, the municipally owned electric utility shall pay the incumbent electricity supplier severance damages in an amount equal to:

(i) the value of the incumbent electricity supplier's distribution and substation facilities dedicated to and located within the annexed area or relocated by reason of the annexation or an amount equal to two and one-half (2 1/2) times the incumbent electricity supplier's gross revenues from electricity sales in the annexed area during the twelve (12) month period immediately preceding the date the annexation ordinance became effective, whichever is greater; plus

(ii) if additional permanent service locations or service accounts are established in the annexed area during the five (5) year period beginning on the effective date of the annexation ordinance, one-tenth of one cent ($0.001) for each kilowatt hour of electricity sold to each of those permanent service locations or service accounts for sales that occur during a five (5) year period beginning on the date each service location or service account is established, up to a maximum of one hundred seventy thousand (170,000) kilowatt hours per service account or service location for each monthly billing period.

However, the municipally owned electric utility is not required to pay severance damages under item (ii) if, at the time each annual payment otherwise would accrue, it is purchasing all of its requirements for electric power and energy, except for generation directly provided by the municipally owned electric utility or by a customer, from the incumbent electricity supplier. Severance damages must be paid not later than thirty (30) days after the end of each calendar year in which severance damages have accrued. The municipally owned electric utility and incumbent electricity suppliers shall cooperate to calculate the amount of any severance damages and shall furnish to each other all information and records reasonably necessary for the determination and verification of severance damages. If the municipally owned electric utility and incumbent electricity suppliers cannot agree on the amount of severance damages the municipally owned electric utility is to pay, the commission shall determine the amount and order payment in accordance with this clause. Not later than twenty (20) days after making a payment, the municipally owned electric utility shall certify to the commission and to any affected incumbent electricity supplier that it has paid the amounts required under this clause.

(C) If the municipally owned electric utility fails to make a payment under clause (B), an affected incumbent electricity supplier may, not later than sixty (60) days after the payment is due and after giving the municipally owned electric utility reasonable notice of and an opportunity to cure the defect, file with the commission a petition alleging that a payment due under clause (B) has not been made. If the commission finds after notice and hearing that any payments owed to the incumbent electricity supplier have not been timely and fully paid, the commission shall order the municipally owned electric utility to pay:

(i) the delinquent payments by a date determined by the commission;

(ii) accrued interest at the rate set forth in IC 24-4.6-1-102; and

(iii) the incumbent electricity supplier's costs of filing and prosecuting a petition under this clause.

If the commission finds against the incumbent electricity supplier, it shall order the incumbent electricity supplier to pay the costs incurred by the municipally owned electric utility in defending against the incumbent electricity supplier's petition.

(D) A certified copy of a final commission order that:

(i) determines and orders the payment of severance damages under clause (B); or

(ii) orders the payment of delinquent payments, interest, and costs under clause (C);

may be filed with the clerk of the circuit or superior court of any county in which part or all of the annexed area is located. A commission order that is filed in a court under this clause may be enforced and executed in the same manner as if it were a final judgment of that court.

(2) Upon mutual agreement of the affected electricity suppliers and approval of the commission. If notice of a verified request for a change of boundary lines by mutual agreement under this subdivision is published in a newspaper of general circulation in every county in which the boundary lines are located and an affected electricity customer does not request a hearing within twenty (20) days of the last date of publication, the commission may approve the change without a hearing. The commission shall approve a boundary line change under this subdivision unless the commission finds, after a public hearing, that the change would cause:

(A) duplication of electric utility facilities;

(B) waste of materials or resources; or

(C) uneconomic, inefficient, or inadequate electric service to the public.

(3) In the case where a landowner owns a single tract of land that is intersected by the boundary lines of two (2) or more assigned service areas, and retail electric service can best be supplied by only one (1) electricity supplier, or in the case where a customer or customers are housed in a single structure or constitute a single governmental, industrial, or institutional operation, and the electricity suppliers involved are unable to agree which shall furnish the electric service, any of the electricity suppliers may submit the matter to the commission for its determination based upon public convenience and necessity. If, after notice and hearing, the commission determines that one (1) or more electricity suppliers are to supply the required retail electric service and the boundaries of an assigned service area are to be changed, the assigned service area maps of the electricity suppliers shall be changed to reflect the new boundaries.

(b) After May 19, 2015, a municipality that:

(1) owns and operates an electric utility system furnishing retail electric service to the public; and

(2) annexes an area beyond the assigned service area of its municipally owned electric utility;

may not petition the commission to change the assigned service area of the municipally owned electric utility to include the annexed area according to the procedures set forth in subsection (a)(1). After May 19, 2015, the boundaries of the assigned service areas of electricity suppliers may be changed only according to the procedures set forth in subsection (a)(2) or (a)(3), as applicable. This subsection does not affect a petition that is filed with the commission under subsection (a)(1) before May 20, 2015, and pending before the commission on May 20, 2015.

As added by Acts 1980, P.L.69, SEC.1. Amended by P.L.91-1985, SEC.1; P.L.19-1986, SEC.27; P.L.79-1996, SEC.1; P.L.255-1997(ss), SEC.7; P.L.217-1999, SEC.1; P.L.56-2002, SEC.1; P.L.31-2015, SEC.1.
Ind. Code § 8-1-2-27 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-27
Repealed
Status: repealed

Formerly: Acts 1913, c.76, s.30. Repealed by Acts 1979, P.L.17, SEC.55.
Ind. Code § 8-1-32.5-6 — Indiana Code / Title 8 / Article 1 / Chapter 32.5 / Section 8-1-32.5-6
Certificate of territorial authority; application; required documents; certificates issued before July 1, 2009; confidential information
Status: in_force

Sec. 6. (a) Except as provided in subsection (c), before a communications service provider may offer communications service to customers in Indiana, the communications service provider must apply to the commission for a certificate of territorial authority. A communications service provider that seeks a certificate under this chapter shall submit an application on a form prescribed by the commission. Subject to subsection (e), the form prescribed by the commission must require the communications service provider to report the following information:

(1) The provider's legal name and any name under which the provider does or will do business in Indiana, as authorized by the secretary of state.

(2) The provider's address and telephone number, along with contact information for the person responsible for ongoing communications with the commission.

(3) The legal name, address, and telephone number of the provider's parent company, if any.

(4) A description of each service area in Indiana in which the provider proposes to offer communications service.

(5) For each service area identified under subdivision (4), a description of each type of communications service that the provider proposes to offer in the service area.

(6) For each communications service identified under subdivision (5), whether the communications service will be offered to residential customers or business customers, or both.

(7) The expected date of deployment for each communications service identified under subdivision (5) in each service area identified in subdivision (4).

(8) A list of other states in which the provider offers communications service, including the type of communications service offered.

(9) Any other information the commission considers necessary to:

(A) monitor the type and availability of communications service provided to Indiana customers; and

(B) prepare the commission's annual report under IC 8-1-1-14(c)(4).

The commission may charge a fee for filing an application under this section. Any fee charged by the commission under this subsection may not exceed the commission's actual costs to process and review the application under section 8 of this chapter.

(b) A communications service provider shall also submit, along with the application required by subsection (a), the following documents:

(1) A certification from the secretary of state authorizing the provider to do business in Indiana.

(2) Information demonstrating the provider's financial, managerial, and technical ability to provide each communications service identified in the provider's application under subsection (a)(5) in each service area identified under subsection (a)(4).

(3) A statement, signed under penalty of perjury by an officer or another person authorized to bind the provider, that affirms the following:

(A) That the provider has filed or will timely file with the Federal Communications Commission all forms required by the Federal Communications Commission before offering communications service in Indiana.

(B) That the provider agrees to comply with any customer notification requirements imposed by the commission under section 11(b) of this chapter.

(C) That the provider agrees to update the information provided in the application submitted under subsection (a) on a regular basis, as may be required by the commission under section 12 of this chapter.

(D) That the provider agrees to notify the commission when the provider commences offering communications service in each service area identified in the provider's application under subsection (a)(4).

(E) That the provider agrees to pay any lawful rate or charge for switched and special access services, as required under any:

(i) applicable interconnection agreement; or

(ii) lawful tariff or order approved or issued by a regulatory body having jurisdiction.

(F) That the provider agrees to report, at the times required by the commission, any information required by the commission under IC 8-1-2.6-13(c)(8).

(c) If:

(1) a communications service provider has been issued a:

(A) certificate of territorial authority; or

(B) certificate of public convenience and necessity;

by the commission before July 1, 2009; and

(2) the certificate described in subdivision (1) is in effect on July 1, 2009;

the communications service provider is not required to submit an application under this section for as long as the certificate described in subdivision (1) remains in effect. For purposes of this subsection, if a corporation organized under IC 8-1-13 (or a corporation organized under IC 23-17-1 that is an electric cooperative and that has at least one (1) member that is a corporation organized under IC 8-1-13) holds a certificate of public convenience and necessity issued by the commission before, on, or after July 1, 2009, that certificate may serve as the certificate required under this chapter with respect to any communications service offered by the corporation, subject to the commission's right to require the corporation to provide any information that an applicant is otherwise required to submit under subsection (a) or that a holder is required to report under IC 8-1-2.6-13(c)(8).

(d) This section does not empower the commission to require an applicant for a certificate under this chapter to disclose confidential and proprietary business plans and other confidential information without adequate protection of the information. The commission shall exercise all necessary caution to avoid disclosure of confidential information supplied under this section.

(e) The form prescribed for a communications service provider that offers only a service described in IC 8-1-2.6-1.1 must require the communications service provider to report and certify the accuracy of only the information required under subsection (a)(1) and (a)(2).

As added by P.L.27-2006, SEC.55. Amended by P.L.1-2007, SEC.75; P.L.219-2011, SEC.3; P.L.256-2013, SEC.14; P.L.53-2014, SEC.80; P.L.73-2020, SEC.5; P.L.71-2022, SEC.6.
Ind. Code § 8-22-3.5-2 — Indiana Code / Title 8 / Article 22 / Chapter 3.5 / Section 8-22-3.5-2
"Commission" defined
Status: in_force

Sec. 2. As used in this chapter, "commission" refers to the following:

(1) With respect to a county having a consolidated city, the metropolitan development commission acting as the redevelopment commission of the consolidated city, subject to IC 36-3-4-23.

(2) With respect to a city described in section 1(2) of this chapter, the board of the airport authority for the city.

(3) With respect to a county described in section 1(3) of this chapter, the board of an airport authority that is jointly established by the county and a municipality under IC 8-22-3.

(4) With respect to a county described in section 1(4) or 1(5) of this chapter, the board of an airport authority that is jointly established by the county and a municipality under IC 8-22-3.

(5) With respect to a county described in section 1(6) of this chapter, the board of an airport authority that is established by the county.

(6) With respect to a city described in section 1(7) of this chapter, the board of aviation commissioners for the city.

As added by P.L.86-1991, SEC.1. Amended by P.L.108-1993, SEC.3; P.L.115-1995, SEC.4; P.L.85-1996, SEC.2; P.L.91-1997, SEC.4; P.L.124-2006, SEC.2; P.L.182-2009(ss), SEC.272.
Ind. Code § 8-1-31-17 — Indiana Code / Title 8 / Article 1 / Chapter 31 / Section 8-1-31-17
Adoption of other procedures
Status: in_force

Sec. 17. The commission may adopt by rule under IC 4-22-2 or by order other procedures not inconsistent with this chapter that the commission finds reasonable or necessary to administer this chapter.

As added by P.L.94-2000, SEC.1. Amended by P.L.209-2014, SEC.16.
Ind. Code § 8-23-7-13.5 — Indiana Code / Title 8 / Article 23 / Chapter 7 / Section 8-23-7-13.5
Indiana department of transportation nonmarketable property
Status: in_force

Sec. 13.5. (a) If the department determines that real property owned in fee simple by the department is nonmarketable due to environmental mitigation requirements imposed by federal or state regulations, the commissioner may, with the approval of the budget agency, issue an order declaring the real property nonmarketable.

(b) The department may provide a certified copy of an order described in subsection (a) to the Indiana department of administration.

(c) Nonmarketable real property described in subsection (a) shall be transferred as described under IC 4-20.5-7, except that, after fulfilling the requirements of IC 4-20.5-7-6 through IC 4-20.5-7-7.3, the nonmarketable real property described in subsection (a) may be disposed of only by:

(1) soliciting proposed uses for the nonmarketable real property from nonprofit land management organizations; and

(2) transferring the nonmarketable real property to a chosen nonprofit land management organization for a use consistent with the tendered proposal.

Nonmarketable real property disposed of as described in this subsection does not need to be appraised before the transfer of the real property.

As added by P.L.196-2017, SEC.1.
Ind. Code § 8-1-2.4-2 — Indiana Code / Title 8 / Article 1 / Chapter 2.4 / Section 8-1-2.4-2
Definitions
Status: in_force

Sec. 2. (a) The definitions in this section apply throughout this chapter.

(b) "Alternate energy production facility" means:

(1) any solar, wind turbine, waste management, resource recovery, refuse-derived fuel, organic waste biomass, or wood burning facility;

(2) any land, system, building, or improvement that is located at the project site and is necessary or convenient to the construction, completion, or operation of the facility; and

(3) the transmission or distribution facilities necessary to conduct the energy produced by the facility to users located at or near the project site.

(c) "Cogeneration facility" means:

(1) a facility that:

(A) simultaneously generates electricity and useful thermal energy; and

(B) meets the energy efficiency standards established for cogeneration facilities by the Federal Energy Regulatory Commission under 16 U.S.C. 824a-3;

(2) any land, system, building, or improvement that is located at the project site and is necessary or convenient to the construction, completion, or operation of the facility; and

(3) the transmission or distribution facilities necessary to conduct the energy produced by the facility to users located at or near the project site.

(d) "Electric utility" means any public utility or municipally owned utility that owns, operates, or manages any electric plant.

(e) "Small hydro facility" means:

(1) a hydroelectric facility at a dam;

(2) any land, system, building, or improvement that is located at the project site and is necessary or convenient to the construction, completion, or operation of the facility; and

(3) the transmission or distribution facilities necessary to conduct the energy produced by the facility to users located at or near the project site.

(f) "Steam utility" means any public utility or municipally owned utility that owns, operates, or manages a steam plant.

(g) "Private generation project" means a cogeneration facility that has an electric generating capacity of eighty (80) megawatts or more and is:

(1) primarily used by its owner for the owner's industrial, commercial, heating, or cooling purposes; or

(2) a qualifying facility for purposes of the Public Utility Regulatory Policies Act of 1978 that produces electricity and useful thermal energy that is primarily used by a single host operation for industrial, commercial, heating, or cooling purposes and is:

(A) located on the same site as the host operation; or

(B) determined by the commission to be a facility that:

(i) satisfies the requirements of this chapter;

(ii) is located on or contiguous to the property on which the host operation is sited; and

(iii) is directly integrated with the host operation.

As added by Acts 1982, P.L.72, SEC.1. Amended by P.L.23-1988, SEC.31; P.L.222-2014, SEC.2; P.L.264-2017, SEC.2.
Ind. Code § 8-14-1-10 — Indiana Code / Title 8 / Article 14 / Chapter 1 / Section 8-14-1-10
Covered bridges; appropriation from account; disbursements
Status: in_force

Sec. 10. (a) On July 1 of each year, there is appropriated from the motor vehicle highway account for the maintenance of covered bridges in Indiana the amount necessary to make the disbursements under subsection (b) for the year.

(b) Before September 1 of each year, the state comptroller shall, by warrant drawn on the treasurer of state, distribute to each county that has a covered bridge located on the county's road system an amount that may only be used for maintenance of covered bridges in the county. The amount to which each county is entitled under this subsection equals the product of:

(1) the number of covered bridges located on the county's road system; multiplied by

(2) one thousand eight hundred fifty dollars ($1,850).

As added by P.L.127-1987, SEC.1. Amended by P.L.115-1989, SEC.1; P.L.57-1994, SEC.1; P.L.23-2007, SEC.1; P.L.9-2024, SEC.288.
Ind. Code § 8-2.1-20-4 — Indiana Code / Title 8 / Article 2.1 / Chapter 20 / Section 8-2.1-20-4
Applicability of chapter
Status: in_force

Sec. 4. This chapter applies to:

(1) persons engaged in the interstate transportation of passengers, property, or household goods over public highways in Indiana;

(2) brokers;

(3) freight forwarders; and

(4) leasing companies.

As added by P.L.110-1995, SEC.4. Amended by P.L.42-2007, SEC.4.
Ind. Code § 8-1-2.2-10 — Indiana Code / Title 8 / Article 1 / Chapter 2.2 / Section 8-1-2.2-10
Contracts with municipality
Status: in_force

Sec. 10. (a) Any municipality which is a member of a joint agency may contract to purchase power and energy and related services from the joint agency derived from any project or projects or without designation as to source and pursuant to which contracts such municipality shall agree to make payments to the joint agency from the revenues of its electric system adequate:

(1) to pay when due (whether at maturity, upon acceleration, or by sinking fund requirements) the principal, premium, if any, and interest on all bonds issued by the joint agency to finance any service provided to such member municipality, and to establish reserves therefor; and

(2) to pay the necessary expenses of the joint agency (including, without limitation, all amounts required to be collected pursuant to the trust agreement or resolution providing for the issuance of bonds) and to establish reserves therefor.

Since the creation of a joint agency is an alternative method whereby a municipality may obtain the benefits of a joint project or projects, any contract may provide: (A) that the contracting municipality shall be obligated to make the payments required by the contract whether or not a project is completed, operable or operating and notwithstanding the suspension, interruption, interference, reduction or curtailment of the output of a project or the power and energy contracted for; and (B) that the payments under the contract may not be subject to any reduction whether by offset or otherwise, and may not be conditioned upon the performance or nonperformance of the joint agency or any other member of the joint agency under the contract or any other instrument. Any contract may also provide that if one (1) or more of the municipalities should default in the performance or discharge of its obligations under its contract, the other contracting municipalities shall assume, pro rata, or otherwise, the obligations of the defaulting municipality or municipalities and may succeed to the rights and interests of the defaulting municipality or municipalities as may be agreed upon in the contract. Any such contract may also provide for requirements, purchases, or exclusive dealing arrangements if the joint agency determines that such provisions are necessary to obtain financing on favorable terms.

(b) Notwithstanding the provisions of any other law to the contrary, a contract with respect to the sale or purchase of power and energy, transmission and related services, from a joint agency may extend for an initial period not exceeding fifty (50) years from the date service is estimated to be first rendered under the contract, with additional periods as may be agreed upon by the parties, and the execution and effectiveness of the contract may not be subject to any authorizations or approvals by the state or any agency, commission or instrumentality or political subdivision thereof except as specifically required and provided in this chapter, nor shall it be subject to any publication requirements.

(c) Payments by a municipality under any contract with a joint agency shall be payable solely from the revenues derived from the ownership and operation of the electric system of that municipality and may be treated as an expense of the operation and maintenance thereof if the contract so provides, and any obligation under that contract may not constitute a legal or equitable pledge, charge, lien, or encumbrance upon any property of the municipality or upon any of its income, receipts, or revenues, except the revenues of its electric system, and neither the faith and credit nor the taxing power of the municipality are, or may be, pledged for the payment of any obligation under any such contract. A municipality shall be obligated to fix, charge, and collect rents, rates, fees, and charges for electric power and energy and other services, facilities, and commodities, sold, furnished, or supplied through its electric system in an amount sufficient to provide revenues adequate to meet its obligations under any such contract and to pay any and all other amounts payable from or constituting a charge and lien upon such revenues. In any proceeding before the commission for the approval of rates set by a municipality subject to its jurisdiction, the commission shall make specific findings of the revenue requirements referred to in the prior sentence and shall provide rates sufficient for such requirements.

(d) Any member of a joint agency may furnish the joint agency with money derived solely from the ownership and operation of its electric system or facilities and provide the joint agency with personnel, equipment, and property, both real and personal. Any municipality may also provide any services to a joint agency.

(e) A joint agency or any member of a joint agency may contract for, advance, or contribute funds derived solely from the ownership and operation of its electric system or facilities to a joint agency or any member of a joint agency as may be agreed upon by the joint agency and the member. A:

(1) joint agency shall repay such advances or contributions from proceeds of bonds, or from any other funds of the joint agency; and

(2) member of a joint agency shall repay such advances or contributions from funds derived solely from the ownership and operation of its electric system or facilities;

together with interest thereon as may be agreed upon by the member and the joint agency.

(f) In the exercise of the powers enumerated in this chapter, including without limitation, the execution of contracts as provided in this section, a municipality and a joint agency shall be deemed to be exercising a part of the sovereign powers of the state and shall be exempt from any and all laws, rules, and regulations prohibiting, limiting, or conditioning anticompetitive conduct.

As added by Acts 1980, P.L.68, SEC.1. Amended by P.L.36-2017, SEC.4.
Ind. Code § 8-23-28-2 — Indiana Code / Title 8 / Article 23 / Chapter 28 / Section 8-23-28-2
"Corporation"
Status: in_force

Sec. 2. As used in this chapter, "corporation" refers to the Indiana economic development corporation established by IC 5-28-3-1.

As added by P.L.88-2011, SEC.1.
Ind. Code § 8-9-11-2 — Indiana Code / Title 8 / Article 9 / Chapter 11 / Section 8-9-11-2
"Contract carrier" defined
Status: in_force

Sec. 2. As used in this chapter, "contract carrier" has the meaning set forth in IC 8-2.1-17-5.

As added by P.L.109-2000, SEC.1.
Ind. Code § 8-9-7-1 — Indiana Code / Title 8 / Article 9 / Chapter 7 / Section 8-9-7-1
Duty to provide pilot engineer, conductor, or motorman
Status: in_force

Sec. 1. In all cases which may arise from and after March 6, 1913, where it shall be necessary or convenient for any person, firm, or corporation, or the lessee or receiver of any person, firm, or corporation, owning, or operating any line or lines of steam or interurban railroad in this state to detour any train or trains or car or cars owned or operated by them from their own track or tracks to the track or tracks of any other person, firm, or corporation, or the lessee or receiver of any person, firm, or corporation, owning or operating any similar line or lines of steam or interurban railroad in this state, and to obtain and procure the temporary use of the track or tracks, such person, firm, or corporation, or the lessee or receiver of any such person, firm, or corporation shall be required to secure and provide a pilot engineer, conductor, or motorman or other person of equal responsibility who is familiar with the road or roads over which it is necessary or convenient to run such train or trains or car or cars to reach the point or points which constitute the destination of such train or trains or car or cars, or the point at which such road or roads communicate or connect with such other road or roads over which it is likewise necessary or convenient to run such train or trains or car or cars, or the point or points at which such or any such road or roads communicate or connect with the road or roads from which such train or trains or car or cars were originally detoured. And the person, firm, or corporation, or the lessee or receiver of any person, firm, or corporation owning such railroad or railroads over which it is necessary or convenient for such train or trains or car or cars to pass, as provided in this chapter, shall provide and place at the disposal of such person, firm, or corporation, or the lessee or receiver of any person, firm, or corporation, a capable pilot engineer or engineers, or motorman, conductor, or other person of equal responsibility who is or are familiar with any or all of the road or roads over which it is necessary or convenient for such train or trains or car or cars to pass to reach their destination.

Formerly: Acts 1913, c.100, s.1. As amended by P.L.62-1984, SEC.134.
Ind. Code § 8-23-9-4.5 — Indiana Code / Title 8 / Article 23 / Chapter 9 / Section 8-23-9-4.5
Qualified work release programs; highway right-of-way maintenance; exception to competitive bid requirements
Status: in_force

Sec. 4.5. (a) As used in this section, "qualified work release program" refers to:

(1) a work release program that is established by the department of correction under IC 11-10-8 or IC 11-10-10; or

(2) a county work release program under IC 11-12-5.

(b) Notwithstanding IC 8-23-10, but subject to IC 8-23-24.5, the commissioner may contract with a qualified work release program for the maintenance of a highway right-of-way without taking competitive bids. As used in this subsection, "highway right-of-way" includes only the grass plats.

As added by P.L.89-1991, SEC.2. Amended by P.L.182-2009(ss), SEC.278.
Ind. Code § 8-1-40.5-6 — Indiana Code / Title 8 / Article 1 / Chapter 40.5 / Section 8-1-40.5-6
"Qualified costs"
Status: in_force

Sec. 6. As used in this chapter, "qualified costs", with respect to an electric generation facility that will be retired from service by an electric utility not later than twenty-four (24) months after the filing of a petition by the electric utility under section 10 of this chapter, means the net original cost of the facility and any associated investments, as reflected on the electric utility's accounting system, and as adjusted for depreciation to be incurred until the facility is retired, together with:

(1) costs of:

(A) removal; and

(B) restoration, as applicable;

of the facility, any associated improvements, and facility grounds;

(2) the applicable portion of investment tax credits associated with the facility and any associated investments;

(3) costs of issuing, supporting, and servicing securitization bonds;

(4) taxes related to the recovery of securitization charges; and

(5) any costs of retiring and refunding the electric utility's existing debt and equity securities in connection with the issuance of securitization bonds.

As added by P.L.80-2021, SEC.1.
Ind. Code § 8-1.5-5-26 — Indiana Code / Title 8 / Article 1.5 / Chapter 5 / Section 8-1.5-5-26
User fee pledges; effect of amendments or repeal of chapter
Status: in_force

Sec. 26. With respect to bonds for which a pledge has been made under section 25 of this chapter, the general assembly covenants with the holders of these bonds that:

(1) this chapter will not be repealed or amended in a manner that will adversely affect the imposition or collection of the user fees under this chapter; and

(2) this chapter will not be amended in a manner that will change the purpose for which revenues from the user fees imposed under this chapter may be used;

as long as those bonds are outstanding.

As added by P.L.125-1987, SEC.1.
Ind. Code § 8-1-31.6-13 — Indiana Code / Title 8 / Article 1 / Chapter 31.6 / Section 8-1-31.6-13
Allowable recovery for municipally owned utility; factors
Status: in_force

Sec. 13. In determining the amount of allowable recovery of customer lead service line improvement costs for a municipally owned utility, the commission may consider the following factors:

(1) Extensions and replacements, to the extent that the extensions and replacements are not provided for through depreciation, in the manner provided for in IC 8-1.5-3-8.

(2) Debt service on funds borrowed to pay for customer lead service line improvements.

(3) Depreciation expenses on customer lead service line improvements based on the same rate or rates of depreciation approved by the commission for the calculation of depreciation in the utility's most recent rate case.

(4) Other components that the commission considers appropriate.

As added by P.L.137-2020, SEC.11.
Ind. Code § 8-2.1-20-0.1 — Indiana Code / Title 8 / Article 2.1 / Chapter 20 / Section 8-2.1-20-0.1
Application of certain amendments to chapter; delay of repeal of single state registration system by Congress; termination of application of amendments in Indiana
Status: in_force

Sec. 0.1. (a) The amendments made to sections 4, 5, 7, and 9 of this chapter by P.L.42-2007 apply to registrations and fees due after December 31, 2006.

(b) If the effective date for the repeal of the single state registration system established under 49 U.S.C. 11506 is delayed by the Congress of the United States, the provisions listed in subsection (a), as they existed on December 31, 2006, shall be applied in Indiana until the earlier of the following:

(1) The date a state is required to conform to the unified carrier registration system established under 49 U.S.C. 13908 as required by an act of the Congress of the United States or by a regulation of the United States Department of Transportation.

(2) January 1, 2008.

As added by P.L.220-2011, SEC.190.
Ind. Code § 8-23-17-11 — Indiana Code / Title 8 / Article 23 / Chapter 17 / Section 8-23-17-11
"Code enforcement" defined
Status: in_force

Sec. 11. As used in this chapter, "code enforcement" means any project or program for the elimination or prevention of the development or spread of deteriorated or deteriorating areas through a systematic inspection of buildings and structures in an area and the enforcement of codes or ordinances establishing standards for the condition and maintenance of dwellings, buildings, or premises as safe, sanitary, and fit for human habitation.

As added by P.L.18-1990, SEC.226.
Ind. Code § 8-1-2-25 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-25
Rates and charges; rules and regulations involving changes
Status: reserved

Sec. 25. The commission shall ascertain, determine and order such rates, charges and regulations as may be necessary to give effect to such arrangement, but the right and power to make such other and further changes in rates, charges and regulations as the commission may ascertain and determine to be necessary and reasonable, and the right to revoke its approval and amend or rescind all orders relative thereto, is reserved and vested in the commission, notwithstanding any such arrangement and mutual agreement.

Formerly: Acts 1913, c.76, s.28.
Ind. Code § 8-2.1-19.1-17 — Indiana Code / Title 8 / Article 2.1 / Chapter 19.1 / Section 8-2.1-19.1-17
Display of TNC driver's photograph and license plate number
Status: in_force

Sec. 17. At the time a TNC rider arranges with a TNC for a prearranged ride, the TNC shall display on the TNC's digital network:

(1) a digital photograph of the TNC driver; and

(2) the license plate number of the personal vehicle;

that will be used to provide a prearranged ride to the TNC rider.

As added by P.L.175-2015, SEC.10.
Ind. Code § 8-21-11-6 — Indiana Code / Title 8 / Article 21 / Chapter 11 / Section 8-21-11-6
Eligibility for grant or loan
Status: in_force

Sec. 6. The following may apply to the department for a grant or a loan for an airport development project:

(1) An eligible entity that has established a board of aviation commissioners under IC 8-22-2.

(2) An airport authority established under IC 8-22-3.

(3) A public airport established under IC 21-31-7.

(4) Any airport that is eligible for an exemption under IC 6-1.1-10-15.

As added by P.L.34-1990, SEC.2. Amended by P.L.114-1995, SEC.1; P.L.2-2007, SEC.138.
Ind. Code § 8-2.1-22-24 — Indiana Code / Title 8 / Article 2.1 / Chapter 22 / Section 8-2.1-22-24
Contract carriers; reasonable minimum rates, fares, and charges; filing and publication; change
Status: in_force

Sec. 24. (a) Every contract carrier by motor vehicle shall:

(1) establish and observe reasonable minimum rates, fares, and charges for any service rendered or to be rendered in the transportation of passengers or household goods or in connection with the transportation of passengers or household goods;

(2) establish and observe reasonable regulations and practices to be applied in connection with those reasonable minimum rates, fares, and charges; and

(3) file with the department, publish, and keep open for public inspection, in the form and manner prescribed by the department, schedules, or, by consent of contracting parties in lieu of schedules, copies of contracts, containing the minimum rates, fares, or charges of the carrier for the transportation of passengers or household goods in intrastate commerce, and any rule or practice affecting the rates, fares, or charges and the value of the service under the rates, fares, or charges.

(b) A contract carrier may not, unless otherwise provided by this chapter, engage in the transportation of passengers or household goods in intrastate commerce unless the minimum charges for the transportation by the carrier have been published, filed, and posted in accordance with this chapter. A reduction may not be made in the charge either directly or by means of any change in any rule or practice affecting the charge or the value of service under the charge, except after thirty (30) days notice of the proposed change filed in the required form and manner the department may, for good cause shown, allow a change upon less notice. However, the notice must plainly state the change proposed to be made and the time when the change will take effect.

(c) A carrier shall not demand, charge, or collect less compensation for the transportation than the charges filed in accordance with this section, as affected by any rule or practice so filed, or as may be prescribed by the department. It is unlawful for the carrier, by the furnishing of special service, facilities, or privileges, or by any other device, to charge, accept, or receive less than the minimum charges so filed or prescribed.

As added by P.L.99-1989, SEC.13. Amended by P.L.110-1995, SEC.19; P.L.205-2025, SEC.39.
Ind. Code § 8-25-6-13 — Indiana Code / Title 8 / Article 25 / Chapter 6 / Section 8-25-6-13
Alternative funding requirements apply
Status: in_force

Sec. 13. IC 8-25-3-6 applies to a public transportation project authorized under this chapter in a township.

As added by P.L.153-2014, SEC.17.
Ind. Code § 8-2.1-17-6 — Indiana Code / Title 8 / Article 2.1 / Chapter 17 / Section 8-2.1-17-6
"Department"
Status: in_force

Sec. 6. "Department" refers to the department of state revenue.

As added by P.L.99-1989, SEC.8.
Ind. Code § 8-1-6.1-2 — Indiana Code / Title 8 / Article 1 / Chapter 6.1 / Section 8-1-6.1-2
"Customer"
Status: in_force

Sec. 2. As used in this chapter, "customer" refers to a residential customer who has agreed to pay for utility service from an electricity supplier.

As added by P.L.36-2026, SEC.7.
Ind. Code § 8-1-43-2 — Indiana Code / Title 8 / Article 1 / Chapter 43 / Section 8-1-43-2
"Commission"
Status: in_force

Sec. 2. As used in this chapter, "commission" refers to the Indiana utility regulatory commission created by IC 8-1-1-2.

As added by P.L.94-2022, SEC.4.
Ind. Code § 8-1-32.5-7 — Indiana Code / Title 8 / Article 1 / Chapter 32.5 / Section 8-1-32.5-7
Duplicate copies of application and documents
Status: in_force

Sec. 7. A communications service provider shall submit duplicate copies of the application and documents required by section 6 of this chapter to the commission. The commission shall prescribe the number of copies to be submitted by a communications service provider under this section.

As added by P.L.27-2006, SEC.55.
Ind. Code § 8-1-22.6-6 — Indiana Code / Title 8 / Article 1 / Chapter 22.6 / Section 8-1-22.6-6
"Pipeline"
Status: in_force

Sec. 6. As used in this chapter, "pipeline" means a pipeline (as defined in IC 8-1-22.5-1(c)) that crosses or is located in:

(1) Indiana; and

(2) one (1) or more other states.

As added by P.L.110-2007, SEC.1.
Ind. Code § 8-1-6.1-7 — Indiana Code / Title 8 / Article 1 / Chapter 6.1 / Section 8-1-6.1-7
"Utility service"
Status: in_force

Sec. 7. As used in this chapter, "utility service" means residential electric service that is provided at retail.

As added by P.L.36-2026, SEC.7.
Ind. Code § 8-15-3-30 — Indiana Code / Title 8 / Article 15 / Chapter 3 / Section 8-15-3-30
Restoration or repair of damaged property
Status: in_force

Sec. 30. All public and private property damaged or destroyed in carrying out this chapter shall be restored or repaired and placed in its original condition as nearly as practicable or adequate compensation made for it.

As added by P.L.386-1987(ss), SEC.13.
Ind. Code § 8-4-1-7 — Indiana Code / Title 8 / Article 4 / Chapter 1 / Section 8-4-1-7
Meetings of shareholders; annual report; removal of officers
Status: in_force

Sec. 7. At a regular meeting of the stockholders of any such corporation, it shall be the duty of the president and directors in office for the preceding year to exhibit a clear and distinct statement of the affairs of said company; and at any meeting of the stockholders, a majority of those present, in person or by proxy, may require similar statements from the directors, whose duty it shall be to furnish them when thus required: and at all general meetings of the stockholders, a majority in value of the stockholders in such company may remove any president or any director of such company, and elect another in their stead; provided, notice of such intended removal shall have been given as required in sections 5 and 6 of this chapter.

Formerly: Acts 1852, 1RS, c.83, s.6. As amended by P.L.62-1984, SEC.36.
Ind. Code § 8-1-8.5-5.5 — Indiana Code / Title 8 / Article 1 / Chapter 8.5 / Section 8-1-8.5-5.5
Review of continuing need for facility under construction; modification or revocation of certificate; consideration of state policy
Status: in_force

Sec. 5.5. When, in the opinion of the commission, changes in the estimate of the probable future growth of the use of electricity so indicate, the commission shall commence a review of any certificate granted under this chapter to determine whether the public convenience and necessity continues to require the facility under construction. If the commission finds that completion of the facility under construction is no longer in the public interest, the commission may modify or revoke the certificate. In conducting a review under this section, the commission shall consider whether the completion of the facility under construction will result in the provision of electric utility service with the attributes set forth in IC 8-1-2-0.6, including:

(1) reliability;

(2) affordability;

(3) resiliency;

(4) stability; and

(5) environmental sustainability;

as described in IC 8-1-2-0.6, in making a determination as to whether the public convenience and necessity continues to require the facility under construction.

As added by P.L.88-1985, SEC.11. Amended by P.L.53-1992, SEC.5; P.L.55-2023, SEC.5.
Ind. Code § 8-10-1-4.5 — Indiana Code / Title 8 / Article 10 / Chapter 1 / Section 8-10-1-4.5
Certain pledges prohibited
Status: in_force

Sec. 4.5. Except as specifically authorized by the general assembly, the ports of Indiana may not pledge, in any form, to:

(1) seek funding from the state in the event of any default in the payment of revenue bonds; or

(2) specify, in any form, in an agreement related to revenue bonds that money appropriated by the general assembly may or shall be deposited in a debt service fund or reserve fund for the revenue bonds.

As added by P.L.224-2003, SEC.205 and P.L.271-2003, SEC.5. Amended by P.L.98-2008, SEC.13.
Ind. Code § 8-2.1-19.1-7 — Indiana Code / Title 8 / Article 2.1 / Chapter 19.1 / Section 8-2.1-19.1-7
Vehicle equipment compliance
Status: in_force

Sec. 7. A TNC must require that a personal vehicle used to provide prearranged rides must comply with all applicable laws and regulations concerning vehicle equipment.

As added by P.L.175-2015, SEC.10.
Ind. Code § 8-3-1.5-21 — Indiana Code / Title 8 / Article 3 / Chapter 1.5 / Section 8-3-1.5-21
Chicago, South Shore, and South Bend Railway capital improvements fund
Status: in_force

Sec. 21. There is created a Chicago, South Shore, and South Bend Railway capital improvements fund. There is hereby appropriated the sum of three million six hundred thousand dollars ($3,600,000) to said fund. The fund shall be disbursed by the governor of the state of Indiana to any regional transportation authority, or commuter transportation district which has among its purposes the maintenance, operation and improvement of passenger service over the Chicago, South Shore, and South Bend Railway railroad and any extension thereof. As to capital improvements, the fund hereby appropriated shall only be expended at such time as the governor of the state of Indiana finds that the state of Illinois or any instrumentality thereof has appropriated and is ready to expend for Chicago, South Shore, and South Bend Railway passenger service improvement and development the sum of not less than one million dollars ($1,000,000), and the Indiana counties, through which the line runs, or instrumentalities thereof, have appropriated and are ready to expend for Chicago, South Shore, and South Bend Railway passenger service maintenance and improvement such sums as he may judge to be said counties' fair share of passenger service maintenance and improvement costs. Said costs to said counties may not exceed three million six hundred thousand dollars ($3,600,000) in the aggregate. Up to one million dollars ($1,000,000) of said fund may be expended at the discretion of the governor for the operation of said railroad.

Formerly: Acts 1975, P.L.79, SEC.1. As amended by Acts 1977, P.L.107, SEC.1; Acts 1978, P.L.57, SEC.3; Acts 1980, P.L.74, SEC.60; P.L.95-1987, SEC.3; P.L.2-1995, SEC.41.
Ind. Code § 8-3-21-1 — Indiana Code / Title 8 / Article 3 / Chapter 21 / Section 8-3-21-1
Ratification
Status: in_force

Sec. 1. The interstate rail passenger network compact is ratified, enacted, and entered into by the state of Indiana with all other states joining the compact in the form substantially as this chapter.

As added by P.L.58-1992, SEC.1.
Ind. Code § 8-4.5-6-2 — Indiana Code / Title 8 / Article 4.5 / Chapter 6 / Section 8-4.5-6-2
Places to file
Status: in_force

Sec. 2. Before a corridor in any part of a county may be converted for use as a recreational trail, a responsible party must file the information required by section 3 of this chapter with the following:

(1) The department of natural resources.

(2) If any part of the recreational trail is intended to be located in a municipality, with the executive of the municipality.

(3) If any part of the recreational trail is intended to be located on property not within a municipality, with the county executive of any county in which the recreational trail is intended to be located.

As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.16.
Ind. Code § 8-23-1.1-1 — Indiana Code / Title 8 / Article 23 / Chapter 1.1 / Section 8-23-1.1-1
Application throughout article
Status: in_force

Sec. 1. The definitions in this chapter apply throughout this article.

As added by P.L.145-2026, SEC.37.
Ind. Code § 8-23-9-19 — Indiana Code / Title 8 / Article 23 / Chapter 9 / Section 8-23-9-19
Repealed
Status: repealed

As added by P.L.18-1990, SEC.218. Repealed by P.L.267-2001, SEC.2.
Ind. Code § 8-25-5-6 — Indiana Code / Title 8 / Article 25 / Chapter 5 / Section 8-25-5-6
Pledges of revenues, covenants
Status: in_force

Sec. 6. (a) Except as provided in subsection (b), the county fiscal body may pledge revenues for the payment of principal and interest on the bonds and for other purposes under the ordinance as provided by IC 5-1-14-4, including revenues from the local income tax in Delaware County, Hamilton County, Hancock County, Hendricks County, Johnson County, Madison County, or Marion County.

(b) The county fiscal body may not pledge to levy ad valorem property taxes for these purposes.

(c) If the county fiscal body has pledged revenues from the local income tax as set forth in subsection (a), the county fiscal body may covenant that the county fiscal body will not repeal or modify the tax in a manner that would adversely affect owners of outstanding bonds issued under this chapter. The county fiscal body may make the covenant by adopting an ordinance.

As added by P.L.153-2014, SEC.17. Amended by P.L.197-2016, SEC.95; P.L.247-2017, SEC.29.
Ind. Code § 8-1-2-58 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-58
Complaints against utilities; investigations
Status: in_force

Sec. 58. Whenever the commission shall believe that any rate or charge may be unreasonable or unjustly discriminatory or that any service is inadequate, or can not be obtained, or that an investigation of any matters relating to any public utility should for any reason be made, it may, on its motion, summarily investigate the same, with or without notice.

Formerly: Acts 1913, c.76, s.61.
Ind. Code § 8-1-32.3-24 — Indiana Code / Title 8 / Article 1 / Chapter 32.3 / Section 8-1-32.3-24
Guidelines to protect confidential or proprietary information
Status: in_force

Sec. 24. A permit authority shall establish guidelines to protect any confidential or proprietary information disclosed in an application.

As added by P.L.145-2015, SEC.3.
Ind. Code § 8-23-8-8 — Indiana Code / Title 8 / Article 23 / Chapter 8 / Section 8-23-8-8
Ingress and egress to and from abutting lands
Status: in_force

Sec. 8. A person is not entitled to ingress or egress to, from, or across limited access facilities to or from abutting lands, except at designated access points, as specified by rule.

As added by P.L.18-1990, SEC.217.
Ind. Code § 8-20-1-16 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-16
Repealed
Status: repealed

Formerly: Acts 1905, c.167, s.16. Repealed by P.L.86-1988, SEC.227.
Ind. Code § 8-9.5-7-15 — Indiana Code / Title 8 / Article 9.5 / Chapter 7 / Section 8-9.5-7-15
Loans; warrants; advancements from within district
Status: in_force

Sec. 15. (a) To facilitate the carrying out of the preliminary proceedings and provide funds for the payment of expenses prior to the issuance of bonds, the commission may by resolution authorize the making of loans. Such loans shall be evidenced by callable warrants payable out of the proceeds of bonds, when available. The same shall be sold at public sale pursuant to notice given in accordance with IC 5-3-1. Such warrants shall be sold to the bidder offering to purchase said warrants at the lowest actual interest cost to the district, and shall be executed in the name of the district by the president or vice president of the commission.

(b) Any city, town, township, or county, any part of the territory of which is included within said district, shall have authority to advance funds to the district upon being authorized so to do by its fiscal body. Such advancements may be made without appropriation, and warrants evidencing the same shall be issued by the district, bearing such rate of interest as shall be provided for in the resolution or other action authorizing the making of such advancements.

As added by Acts 1982, P.L.77, SEC.1.
Ind. Code § 8-18-21-7 — Indiana Code / Title 8 / Article 18 / Chapter 21 / Section 8-18-21-7
Revenue bonds; redemption before maturity; resolution; contents; negotiable instruments
Status: in_force

Sec. 7. (a) The revenue bonds may, and all bonds maturing after ten (10) years from date of issuance shall, be made redeemable before maturity at the option of the board of directors of the toll road authority. Such a redemption must be at the par value of the bonds, together with the premiums and under the terms and conditions fixed by the resolution authorizing the issuance of the bonds.

(b) The principal of and interest on the bonds may be made payable in any lawful medium.

(c) The resolution authorizing the issuance of the bonds must:

(1) determine the form of the bonds, including the interest coupons to be attached to them;

(2) fix the denomination or denominations of the bonds; and

(3) fix the place or places of payment of the principal and interest of the bonds, which must be at a state or national bank or trust company within Indiana and may also be at one (1) or more state or national banks or trust companies outside Indiana.

(d) The bonds are negotiable instruments under IC 26-1.

(e) The resolution authorizing the issuance of the bonds may provide for the registration of any of the bonds in the name of the owner as to principal alone.

As added by P.L.386-1987(ss), SEC.21.
Ind. Code § 8-14.5-3-13 — Indiana Code / Title 8 / Article 14.5 / Chapter 3 / Section 8-14.5-3-13
Necessary and proper acts
Status: in_force

Sec. 13. The authority may do all things necessary or proper to carry out this article.

As added by P.L.68-1988, SEC.12.
Ind. Code § 8-1-40-5 — Indiana Code / Title 8 / Article 1 / Chapter 40 / Section 8-1-40-5
"Excess distributed generation"
Status: in_force

Sec. 5. As used in this chapter, "excess distributed generation" means the difference between:

(1) the electricity that is supplied by an electricity supplier to a customer that produces distributed generation; and

(2) the electricity that is supplied back to the electricity supplier by the customer.

As added by P.L.264-2017, SEC.6.
Ind. Code § 8-14-15.1-1 — Indiana Code / Title 8 / Article 14 / Chapter 15.1 / Section 8-14-15.1-1
"Authority"
Status: in_force

Sec. 1. As used in this chapter, "authority" refers to the Indiana finance authority.

As added by P.L.217-2017, SEC.69.
Ind. Code § 8-1-43-5 — Indiana Code / Title 8 / Article 1 / Chapter 43 / Section 8-1-43-5
"Make-ready infrastructure"
Status: in_force

Sec. 5. As used in this chapter, "make-ready infrastructure" means the:

(1) structures;

(2) machinery;

(3) equipment;

(4) hardware;

(5) software;

(6) storage batteries; and

(7) other capital investments;

installed to connect charging infrastructure to an electric utility's distribution system, including any necessary upgrades to the electric utility's distribution system.

As added by P.L.94-2022, SEC.4.
Ind. Code § 8-15-2-13 — Indiana Code / Title 8 / Article 15 / Chapter 2 / Section 8-15-2-13
Trust agreements securing bond issue
Status: in_force

Sec. 13. (a) In the discretion of the authority, any bonds issued under the provisions of this chapter may be secured by a trust agreement by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the state.

(b) Any such trust agreement may pledge or assign the tolls and other revenue to be received from such project or any other project or projects constructed under the provisions of this chapter, subject only to valid prior pledges and except as provided by this chapter with respect to succeeding lien bonds, but shall not convey or mortgage any toll road project or any part thereof.

(c) Any such trust agreement or any resolution providing for the issuance of such bonds may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to:

(1) the acquisition of property and the construction, improvement, maintenance, repair, operation, and insurance of the toll road project or projects in connection with which such bonds shall have been authorized, or of which the revenues are pledged;

(2) the rates of toll to be charged, and the custody, safeguarding, and application of all moneys; and

(3) the employment of consulting engineers in connection with the construction or operation of such project or projects.

(d) It shall be lawful for any bank or trust company incorporated under the laws of the state which may act as depository of the proceeds of bonds or of revenue to furnish such indemnifying bonds or to pledge such securities as may be required by the authority.

(e) Any such trust agreement may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action by bondholders as is customary in trust agreements or trust indentures securing bonds or debentures of corporations. In addition, any such trust agreement may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders.

(f) All expenses incurred in carrying out the provisions of any such trust agreement may be treated as a part of the cost of the operation of the toll road project or projects.

Formerly: Acts 1951, c.281, s.13; Acts 1971, P.L.99, SEC.3. As amended by Acts 1980, P.L.74, SECS.239, 240; P.L.109-1983, SEC.17.
Ind. Code § 8-1.5-4-2 — Indiana Code / Title 8 / Article 1.5 / Chapter 4 / Section 8-1.5-4-2
Department of waterworks; establishment; board of directors
Status: in_force

Sec. 2. (a) If the legislative body of a municipality, by ordinance, adopts the provisions of this chapter, there is established a department of waterworks to be controlled by a board of directors (referred to as "the board" in this chapter). The board consists of either three (3) or five (5) directors, as determined by ordinance, who shall be appointed by the municipal executive.

(b) In case there are three (3) directors, not more than two (2) may be of the same political party. In case there are five (5) directors, not more than three (3) may be of the same political party.

(c) The terms of directors shall be prescribed by ordinance, but initial terms must be prescribed so that the directors' terms will be staggered. Each director shall give a bond, which shall be fixed by the municipal fiscal officer and is subject to his approval.

(d) The executive may remove a director at any time when, in his judgment, it is for the best interest of the department.

As added by Acts 1982, P.L.74, SEC.1.
Ind. Code § 8-1-31.5-1 — Indiana Code / Title 8 / Article 1 / Chapter 31.5 / Section 8-1-31.5-1
Definitions
Status: in_force

Sec. 1. The definitions in IC 8-1-2-1 apply throughout this chapter.

As added by P.L.104-2016, SEC.3.
Ind. Code § 8-20-1-22 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-22
Repealed
Status: repealed

Formerly: Acts 1905, c.167, s.22. Repealed by P.L.86-1988, SEC.227.
Ind. Code § 8-4-7-16 — Indiana Code / Title 8 / Article 4 / Chapter 7 / Section 8-4-7-16
Acceptance of provisions of chapter; certificate; filing
Status: in_force

Sec. 16. Any union railway company organized prior to March 2, 1885, under the provisions of Acts 1852, 1RS, c.84 may adopt the provisions of this chapter by filing a written statement setting forth its acceptance of the provisions of this chapter, which written statement shall be signed by the president and attested by the secretary of each proprietary company, under its corporate seal, and shall be acknowledged by the parties thereto before some officer authorized to take acknowledgments of conveyances of real estate, which writing shall be filed and recorded in the office of the recorder of the county or counties in which such union railway may be situated, and, from time of such filing, such union railway company shall be deemed a corporation of the state of Indiana, and shall have all the powers and be subject to all the provisions of this chapter.

Formerly: Acts 1885, c.20, s.16. As amended by P.L.62-1984, SEC.53.
Ind. Code § 8-1-39-5 — Indiana Code / Title 8 / Article 1 / Chapter 39 / Section 8-1-39-5
"Targeted economic development project"
Status: in_force

Sec. 5. As used in this chapter, "targeted economic development project" means a project approved by the commission under section 10(c) of this chapter.

As added by P.L.133-2013, SEC.5.
Ind. Code § 8-16-3.5-1 — Indiana Code / Title 8 / Article 16 / Chapter 3.5 / Section 8-16-3.5-1
Contracts of lease; taxpayers' petitions
Status: in_force

Sec. 1. (a) A county may lease a bridge and pay the lease rental from the cumulative bridge fund and levy under IC 8-16-3.

(b) A contract of lease may not be entered into unless there is first filed with the county executive a petition for a longer lease, signed by fifty (50) or more taxpaying citizens of the county, and the county executive has, after investigation, determined that a need exists for the bridge. The total annual dollar obligation under all contracts of lease for bridges made by a county may not exceed the county's estimated annual revenue from a cumulative bridge fund levy of twenty cents ($0.20) on each one hundred dollars ($100) on all taxable personal and real property within the county.

Formerly: Acts 1975, P.L.92, SEC.2. As amended by P.L.86-1988, SEC.23.
Ind. Code § 8-4-1-26 — Indiana Code / Title 8 / Article 4 / Chapter 1 / Section 8-4-1-26
Repealed
Status: repealed

Formerly: Acts 1852, 1RS, c.83, s.28. Repealed by Acts 1975, P.L.28, SEC.1.
Ind. Code § 8-6-7-3 — Indiana Code / Title 8 / Article 6 / Chapter 7 / Section 8-6-7-3
Repealed
Status: repealed

Formerly: Acts 1931, c.89, s.3. As amended by Acts 1965, c.200, s.3. Repealed by Acts 1973, P.L.66, SEC.2.
Ind. Code § 8-2.1-22-34 — Indiana Code / Title 8 / Article 2.1 / Chapter 22 / Section 8-2.1-22-34
Nonresident carriers; service of process
Status: in_force

Sec. 34. (a) Every nonresident common carrier and contract carrier regulated under this chapter shall file, and keep on file, with the department a designation in writing of the name and postoffice address of a citizen and resident of Indiana upon whom service of notices or orders may be made, and upon whom process issued by or under the authority of any court having jurisdiction of the subject matter may be served in any proceeding at law or equity brought against such the carrier.

(b) Service of notices or orders in proceedings under this chapter may be made upon the carrier by personal service upon it, or upon the citizen so designated by it, or by registered mail addressed to it at the last address shown by the records of the department.

(c) In default of that designation, in case of vacancy, or if for any other reason personal service cannot be had upon the carrier, service of the notice or order may be made by serving two (2) copies upon the department. When service is had upon the department as provided in this subsection, the department shall promptly mail one (1) copy of the notice or order served upon him to the carrier by registered mail at the last address shown by the records of the department, and the date of mailing shall be considered as the time when notice is served.

(d) When notice is given by mail as provided in this section, the date of mailing shall be considered the time when notice is served.

As added by P.L.99-1989, SEC.13.
Ind. Code § 8-21-1-5 — Indiana Code / Title 8 / Article 21 / Chapter 1 / Section 8-21-1-5
Repealed
Status: repealed

Formerly: Acts 1945, c.360, s.5; Acts 1975, P.L.93, SEC.5. Repealed by Acts 1980, P.L.74, SEC.434.
Ind. Code § 8-1-40.1-4 — Indiana Code / Title 8 / Article 1 / Chapter 40.1 / Section 8-1-40.1-4
Adoption of rules to implement Federal Energy Regulatory Commission order
Status: in_force

Sec. 4. The commission shall adopt rules that the commission determines to be necessary to implement Federal Energy Regulatory Commission Order No. 2222 concerning distributed energy resources and distributed energy resource aggregators.

As added by P.L.71-2022, SEC.11.
Ind. Code § 8-15-2-5 — Indiana Code / Title 8 / Article 15 / Chapter 2 / Section 8-15-2-5
Powers
Status: in_force

Sec. 5. The authority may do the following:

(1) Construct, maintain, repair, police, and operate toll road projects (as defined in this chapter), public improvements, and arterial streets and roads under section 1 of this chapter and establish rules for the use of any such toll road project, public improvement, or arterial street or road.

(2) Issue toll road revenue bonds of the state, payable solely from an allocation of money from the rural transportation road fund under IC 8-9.5-8-16 or from revenues or from the proceeds of bonds issued under this chapter and earnings thereon, or from all three (3), for the purpose of paying all or any part of the cost of any one (1) or more toll road projects or for the purpose of refunding any other toll road revenue bonds.

(3) Establish reserves from the proceeds of the sale of bonds or from other funds, or both, to secure the payment of the bonds.

(4) Fix and revise from time to time and charge and collect tolls for transit over each toll road project constructed by it.

(5) Acquire in the name of the state by purchase or otherwise, on such terms and conditions and in such manner as it may deem proper, or by the exercise of the right of condemnation in the manner as provided by this chapter, such public or private lands, including public parks, playgrounds or reservations, or parts thereof or rights therein, rights-of-way, property, rights, easements, and interests, as it may deem necessary for carrying out the provisions of this chapter. The authority may also:

(A) sell, transfer, and convey any such land or any interest therein so acquired, or any portion thereof, whether by purchase, condemnation, or otherwise, and whether such land or interest therein had been public or private, when the same shall no longer be needed for such purposes; and

(B) transfer and convey any such lands or interest therein as may be necessary or convenient for the construction and operation of any toll road project, or as otherwise required under the provisions of this chapter to a state agency or political subdivision.

(6) Designate the locations and establish, limit, and control such points of ingress to and egress from each toll road project as may be necessary or desirable in the judgment of the authority to ensure the proper operation and maintenance of such projects, and to prohibit entrance to such project from any point not so designated. The authority shall not grant, for the operation of transient lodging facilities, either ingress to or egress from any project, including the service areas thereof on which are located service stations and restaurants, and including toll plazas and paved portions of the right-of-way. The authority shall cause to be erected, at its cost, at all points of ingress and egress, large and suitable signs facing traffic from each direction on the toll road. Such signs shall designate the number and other designations, if any, of all United States or state highways of ingress or egress, the names of all Indiana municipalities with a population of five thousand (5,000) or more within a distance of seventy-five (75) miles on such roads of ingress or egress, and the distance in miles to such designated municipalities.

(7) Make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this chapter, IC 8-9.5-8, or IC 8-15.5. When the cost under any such contract or agreement, other than:

(A) a contract for compensation for personal services;

(B) a contract with the department under IC 8-9.5-8-7;

(C) a lease with the department under IC 8-9.5-8-8; or

(D) a contract, a lease, or another agreement under IC 8-15.5;

involves an expenditure of more than ten thousand dollars ($10,000), the authority 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 authority shall determine. Such notice shall state the general character of the work and the general character of the materials to be furnished, the place where plans and specifications therefor may be examined, and the time and place of receiving bids. Each bid shall contain the full name of every person or company interested in it and shall be accompanied by a sufficient bond or certified check on a solvent bank that if the bid is accepted a contract will be entered into and the performance of its proposal secured. The authority may reject any and all bids. A bond with good and sufficient surety shall be required by the authority 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. The authority shall require a bid, performance, and payment bond from a contractor for a project if the estimated cost of the project is more than two hundred thousand dollars ($200,000). The authority may require a bid, performance, or payment bond from a contractor for a project if the estimated cost of the project is not more than two hundred thousand dollars ($200,000).

(8) Employ consulting engineers, superintendents, managers, and such other engineers, construction and accounting experts, bond counsel, other attorneys with the approval of the attorney general, and other employees and agents as may be necessary in its judgment to carry out the provisions of this chapter, and to fix their compensation. However, all such expenses shall be payable solely from the proceeds of toll road revenue bonds issued under the provisions of this chapter or from revenues.

(9) Receive and accept from any federal agency, subject to IC 8-23-3, grants for or in aid of the construction of any toll road project, and receive and accept aid or contributions from any source of either money, property, labor, or other things of value, to be held, used, and applied only for the purposes for which such grants and contributions may be made, and repay any grant to the authority or to the department from a federal agency if such repayment is necessary to free the authority from restrictions which the authority determines to be in the public interest to remove.

(10) Establish fees, charges, terms, or conditions for any expenditures, loans, or other form of financial participation in projects authorized as public improvements on arterial streets and roads under section 1 of this chapter.

(11) Accept gifts, devises, bequests, grants, loans, appropriations, revenue sharing, other financing and assistance, and any other aid from any source and agree to and comply with conditions attached to the aid.

(12) Accept transfer of a state highway to the authority under IC 8-23-7-23 and pay the cost of conversion of the state highway to a toll road project.

(13) Enter into contracts or leases with the department under IC 8-9.5-8-7 or IC 8-9.5-8-8 and in connection with the contracts or leases agree with the department for coordination of the operation and the repair and maintenance of toll road projects and tollways which are contiguous parts of the same public road, including joint toll collection facilities and equitable division of tolls.

(14) Enter into public-private agreements under IC 8-15.5 and do all acts and things necessary or proper to carry out the purposes set forth in IC 8-15.5.

(15) Adopt rules in the manner provided in IC 5-1.2-4-1(a)(2) to make changes to rules related to a toll road project to accommodate the provisions of a public-private agreement to which the authority is a party under IC 8-15.5 and that was originally entered into before January 1, 2010.

(16) Do all acts and things necessary or proper to carry out this chapter.

Formerly: Acts 1951, c.281, s.5; Acts 1957, c.273, s.1; Acts 1959, c.285, s.3; Acts 1969, c.86, s.1. As amended by Acts 1977, P.L.112, SEC.1; Acts 1980, P.L.74, SECS.228, 229; Acts 1981, P.L.41, SEC.53; Acts 1982, P.L.62, SEC.10; P.L.109-1983, SEC.7; P.L.48-1986, SEC.4; P.L.386-1987(ss), SEC.9; P.L.18-1990, SEC.130; P.L.47-2006, SEC.9; P.L.133-2007, SEC.9; P.L.140-2013, SEC.6; P.L.93-2024, SEC.80; P.L.44-2026, SEC.21.
Ind. Code § 8-1-24-1 — Indiana Code / Title 8 / Article 1 / Chapter 24 / Section 8-1-24-1
Approval of commission not required for certain transactions
Status: in_force

Sec. 1. Notwithstanding any other statute or rule of law of the state, any corporation or other business entity engaged in the transmission of gas by pipeline, 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 not be required to obtain the leave, approval, or consent of the commission for the issuance of any of its stocks, certificates of stock, bonds, notes, or other evidences of indebtedness nor shall any such corporation or other business entity be required to obtain the approval of the commission in order to sell, assign, transfer, lease, or encumber its franchise, works, or system to any other person, partnership, limited liability company, or corporation.

Formerly: Acts 1973, P.L.64, SEC.1. As amended by P.L.23-1988, SEC.59; P.L.8-1993, SEC.130.
Ind. Code § 8-1-1.5-2 — Indiana Code / Title 8 / Article 1 / Chapter 1.5 / Section 8-1-1.5-2
Definitions
Status: in_force

Sec. 2. As used in this chapter:

"Nominating committee" or "committee" means the nominating committee established by section 3 of this chapter.

"Vacancy" means an opening on the membership of the commission or nominating committee which occurs by reason of death, retirement, resignation, removal, expiration of term without reappointment.

As added by P.L.43-1983, SEC.8. Amended by P.L.23-1988, SEC.20.
Ind. Code § 8-23-20-15 — Indiana Code / Title 8 / Article 23 / Chapter 20 / Section 8-23-20-15
Zoning powers; limitations
Status: in_force

Sec. 15. (a) Subsection (c) does not apply to signs erected before March 15, 1986.

(b) A board, commission, council, governmental body, or political subdivision that has the legal authority to zone land has authority to zone areas for commercial or industrial purposes. Except as provided in subsection (c), a zoning action taken by a body described in this subsection may be taken under this chapter.

(c) A zoning action taken by a body described in subsection (a) will not be accepted under this chapter if the action is:

(1) not part of a comprehensive plan; and

(2) taken primarily to permit the erection of signs in an adjacent area that is outside an urban area and visible from the traveled way of a highway in the interstate or primary highway system.

As added by P.L.18-1990, SEC.229.
Ind. Code § 8-14-8-9 — Indiana Code / Title 8 / Article 14 / Chapter 8 / Section 8-14-8-9
Expenditures not subject to Geometric Design Guide for Local Roads and Streets
Status: in_force

Sec. 9. Notwithstanding any other law, expenditure made from the distressed roads fund are not subject to the provisions of the Geometric Design Guide for Local Roads and Streets.

As added by Acts 1982, P.L.79, SEC.2.
Ind. Code § 8-16-3.1-3 — Indiana Code / Title 8 / Article 16 / Chapter 3.1 / Section 8-16-3.1-3
Repealed
Status: repealed

As added by Acts 1979, P.L.96, SEC.1. Repealed by P.L.86-1988, SEC.227.
Ind. Code § 8-2.1-24-26 — Indiana Code / Title 8 / Article 2.1 / Chapter 24 / Section 8-2.1-24-26
Civil penalty
Status: in_force

Sec. 26. (a) A person who violates this chapter is subject to a civil penalty of one hundred dollars ($100) for the first violation and one thousand dollars ($1,000) for each subsequent violation.

(b) Civil penalties described in subsection (a) may be assessed only after an administrative hearing under IC 6-8.1-5-1 has been conducted at which the person has an opportunity to present information as to why a civil penalty should not be assessed.

(c) Money collected by the department under subsection (b) shall be deposited in the motor carrier regulation fund established under IC 8-2.1-23.

As added by P.L.110-1995, SEC.29.
Ind. Code § 8-4.5-5-14 — Indiana Code / Title 8 / Article 4.5 / Chapter 5 / Section 8-4.5-5-14
Unexpended funds
Status: in_force

Sec. 14. The board is not required to commit all funds available during a fiscal year. The board may reserve unexpended or repaid money for the next programming cycle or for anticipated present or future project needs or for other contingencies.

As added by P.L.40-1995, SEC.3.
Ind. Code § 8-23-9.5-6 — Indiana Code / Title 8 / Article 23 / Chapter 9.5 / Section 8-23-9.5-6
"GMP"
Status: in_force

Sec. 6. As used in this chapter, "GMP" refers to the guaranteed maximum price for work established by a contract.

As added by P.L.60-2023, SEC.2.
Ind. Code § 8-15-3-7 — Indiana Code / Title 8 / Article 15 / Chapter 3 / Section 8-15-3-7
"Tollway"
Status: in_force

Sec. 7. As used in this chapter, "tollway" includes:

(1) an express highway, limited access facility, superhighway, bridge, tunnel, or motor way, including express lanes and managed lanes, constructed under this chapter or IC 8-15.7 or, subject to section 10 of this chapter, converted to a tollway under IC 8-23-7-22;

(2) any bridge, tunnel, overpass, underpass, interchange, structure, ramp, access road, service road, entrance plaza, approach, tollhouse, utility corridor, toll gantry, rest stop, service station, or administration, storage, or other buildings or facilities, including temporary facilities and buildings, facilities, and structures that will not be tolled, that the department considers appurtenant to or necessary or desirable for the financing, construction, operation, or maintenance of one (1) or more of the items described in subdivision (1);

(3) any subsequent improvement, betterment, enlargement, extension, or reconstruction of one (1) or more items described in this section, including any nontolled part, that are separately designated by name or number;

(4) a project connecting the state of Indiana with an adjacent state; or

(5) any combination of items or projects described in subdivisions (1) through (4).

As added by P.L.386-1987(ss), SEC.13. Amended by P.L.18-1990, SEC.137; P.L.47-2006, SEC.22; P.L.85-2010, SEC.2; P.L.163-2011, SEC.2.
Ind. Code § 8-1-22.5-9 — Indiana Code / Title 8 / Article 1 / Chapter 22.5 / Section 8-1-22.5-9
Rules; procedure for adoption
Status: in_force

Sec. 9. All rules, including any safety standards, adopted by the commission under this chapter shall be adopted in accordance with the provisions of IC 4-22-2.

Formerly: Acts 1971, P.L.84, SEC.1. As amended by P.L.59-1984, SEC.91.
Ind. Code § 8-15.7-3-4 — Indiana Code / Title 8 / Article 15.7 / Chapter 3 / Section 8-15.7-3-4
Establishment of user classifications and enforcement of rules by operator
Status: in_force

Sec. 4. In operating the qualifying project, the operator may do the following:

(1) Make user classifications as permitted in the public-private agreement.

(2) As permitted in the public-private agreement or otherwise with the consent of the department, make and enforce reasonable rules to the same extent that the department may make and enforce rules with respect to a similar project.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-22-3.7-13 — Indiana Code / Title 8 / Article 22 / Chapter 3.7 / Section 8-22-3.7-13
Authority for leases between development authority and authority
Status: in_force

Sec. 13. This chapter and IC 8-22-3.6 contain full and complete authority for leases between the development authority and the authority. No law, procedure, proceedings, publications, notices, consents, approvals, orders, or acts by the board, authority or the eligible entity or any other officer, department, agency, or instrumentality of the state or any political subdivision are required to enter into any lease, except as prescribed in this chapter and IC 8-22-3.6.

As added by P.L.108-1993, SEC.11.
Ind. Code § 8-1-30.3-0.5 — Indiana Code / Title 8 / Article 1 / Chapter 30.3 / Section 8-1-30.3-0.5
Acquired utility assets; incentive mechanisms for utility companies; commission authorization and required findings
Status: in_force

Sec. 0.5. (a) To encourage the consolidation of utility companies under this chapter, the commission shall consider and authorize mechanisms:

(1) outside of a general rate case; and

(2) in addition to the inclusion of a cost differential in a utility company's rate base under section 5 of this chapter;

to allow utility companies to integrate into their systems, invest in, and earn on acquired utility assets.

(b) The commission shall authorize a mechanism under subsection (a) if the commission finds that the proposed mechanism is just and reasonable and in the public interest.

(c) The commission may adopt rules under IC 4-22-2 to implement this section.

As added by P.L.24-2025, SEC.3.
Ind. Code § 8-20-1-50 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-50
Repealed
Status: repealed

Formerly: Acts 1905, c.167, s.59 1/2; Acts 1913, c.328, s.1. Repealed by P.L.86-1988, SEC.227.
Ind. Code § 8-15.5-2-7 — Indiana Code / Title 8 / Article 15.5 / Chapter 2 / Section 8-15.5-2-7
"Project"
Status: in_force

Sec. 7. "Project" means any of the following:

(1) A toll road project.

(2) A freeway project.

(3) A facility project.

As added by P.L.47-2006, SEC.39. Amended by P.L.205-2013, SEC.138; P.L.213-2015, SEC.107.
Ind. Code § 8-1-2.2-30 — Indiana Code / Title 8 / Article 1 / Chapter 2.2 / Section 8-1-2.2-30
Severability
Status: in_force

Sec. 30. Severability of Invalid Provisions. Any provisions of this chapter which may be determined by competent authority to be prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

As added by Acts 1980, P.L.68, SEC.1.
Ind. Code § 8-14-17-4 — Indiana Code / Title 8 / Article 14 / Chapter 17 / Section 8-14-17-4
Fund established; administration and sources
Status: in_force

Sec. 4. (a) The alternative transportation construction fund is established for the purpose of:

(1) funding projects under IC 8-15.7 for passenger and freight railroad systems as described in IC 8-15.7-2-14(a)(4); and

(2) funding distributions under section 5 of this chapter.

(b) The fund shall be administered by the department.

(c) Notwithstanding IC 5-13, the treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as money is invested by the Indiana public retirement system under IC 5-10.3-5. However, the treasurer of state may not invest the money in the fund in equity securities. The treasurer of state may contract with investment management professionals, investment advisers, and legal counsel to assist in the investment of the fund and may pay the state expenses incurred under those contracts from the fund. Interest that accrues from these investments shall be deposited in the fund.

(d) The fund consists of the following:

(1) Appropriations to the fund.

(2) Gifts, grants, loans, bond proceeds, and other money received for deposit in the fund.

(3) Payments made to the authority or the department from operators under IC 8-15.7 concerning passenger and freight railroad systems as described in IC 8-15.7-2-14(a)(4).

(4) Interest, premiums, or other earnings on the fund.

(e) The fund is considered a trust fund for purposes of IC 4-9.1-1-7. Money may not be transferred, assigned, or otherwise removed from the fund by the state board of finance, the budget agency, or any other state agency.

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

(g) Money in the fund must be appropriated by the general assembly to be available for expenditure.

As added by P.L.203-2007, SEC.4. Amended by P.L.35-2012, SEC.98.
Ind. Code § 8-14-14-6 — Indiana Code / Title 8 / Article 14 / Chapter 14 / Section 8-14-14-6
Distributions from the fund
Status: in_force

Sec. 6. (a) If the authority enters into a public-private agreement concerning the Indiana Toll Road under IC 8-15.5, the auditor of state shall make the following distributions from the fund for the indicated purposes:

(1) One hundred fifty million dollars ($150,000,000) to the treasurer of state for deposit in the motor vehicle highway account established by IC 8-14-1. Notwithstanding IC 8-14-1, on or before October 15, 2006, and on or before October 15, 2007, the auditor of state shall distribute seventy-five million dollars ($75,000,000) of the money deposited in the motor vehicle highway account under this subdivision to each of the counties, cities, and towns eligible to receive a distribution from the motor vehicle highway account under IC 8-14-1 and in the same proportion among the counties, cities, and towns as funds are distributed from the motor vehicle highway account under IC 8-14-1. The auditor of state:

(A) shall make the distributions required by this subdivision separately from distributions required by IC 8-14-1; and

(B) may not combine the distributions required by this subdivision with distributions required by IC 8-14-1.

Money distributed under this subdivision may be used only for purposes that money distributed from the motor vehicle highway account may be expended under IC 8-14-1.

(2) The following amounts to the northwest Indiana regional development authority for deposit in the development authority revenue fund established under IC 36-7.5-4-1:

(A) Forty million dollars ($40,000,000) during the state fiscal year beginning July 1, 2006. During the state fiscal year beginning July 1, 2006, the regional development authority must pay at least twenty million dollars ($20,000,000) of the distribution received under this clause to an airport authority that is carrying out an airport expansion project described in IC 36-7.5-2-1(2).

(B) Eighty million dollars ($80,000,000) to be distributed in installments of ten million dollars ($10,000,000) during the state fiscal year beginning July 1, 2007, and each of the seven (7) state fiscal years thereafter.

However, no distributions may be made under clause (B) until the development authority's comprehensive strategic development plan prepared under IC 36-7.5-3-4 has been reviewed by the budget committee and approved by the director of the office of management and budget. In addition, no distributions may be made under clause (B) during the state fiscal years beginning July 1, 2009, July 1, 2011, and July 1, 2013, unless the budget committee has reviewed the status of the plan and any changes to the plan.

(3) The following amounts to each of the following counties on or before September 15, 2006, for deposit in local major moves construction funds under IC 8-14-16:

(A) Forty million dollars ($40,000,000) to each county described in IC 8-14-16-1(1) through IC 8-14-16-1(5). However, if a county described in IC 8-14-16-1(3) becomes a member of the northwest Indiana regional development authority, the distribution to that county is twenty-five million dollars ($25,000,000) instead of forty million dollars ($40,000,000).

(B) Twenty-five million dollars ($25,000,000) to each county described in IC 8-14-16-1(6).

(C) Fifteen million dollars ($15,000,000) to each county described in IC 8-14-16-1(7).

(4) One hundred seventy-nine million dollars ($179,000,000) during the state fiscal year beginning July 1, 2006, to the state highway fund for use by the department for preliminary engineering, purchase of rights-of-way, or construction of highways, roads, and bridges. After review by the budget committee, and subject to the approval of the governor, the budget agency may augment this distribution from balances available in the fund.

(5) An amount sufficient to provide for the payments owed by the authority as a result of a written agreement entered into under IC 8-15.5-7-6 to fund reductions in, or refunds of, user fees imposed on Class 2 vehicles, or to establish or replenish the reserves therefore, to the administration account of the toll road fund. The budget agency shall determine the amount of the distributions required to be made by this subdivision for each state fiscal year beginning with the state fiscal year ending June 30, 2007, and ending with the state fiscal year ending June 30, 2016.

(6) An amount sufficient to make any payments required by IC 5-10.3-6-8.9 as a result of a public-private agreement under IC 8-15.5.

(b) There is annually appropriated from the fund an amount sufficient to make any distributions required by subsection (a).

As added by P.L.47-2006, SEC.5. Amended by P.L.189-2018, SEC.74.
Ind. Code § 8-1-5.5-3 — Indiana Code / Title 8 / Article 1 / Chapter 5.5 / Section 8-1-5.5-3
Maintenance of quality
Status: reserved

Sec. 3. A person, other than a city or town, to whom the authority to supply piped drinking water is transferred from a city or town, shall maintain, to the extent practicable and reasonable, the quality of water required at the time of transfer of such authority, under section 2 of this chapter.

As added by Acts 1981, P.L.105, SEC.1.
Ind. Code § 8-17-1-4 — Indiana Code / Title 8 / Article 17 / Chapter 1 / Section 8-17-1-4
Repealed
Status: repealed

Formerly: Acts 1919, c.112, s.5; Acts 1921, c.280, s.1. As amended by P.L.86-1988, SEC.70. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-9-9-1 — Indiana Code / Title 8 / Article 9 / Chapter 9 / Section 8-9-9-1
Unlawful acts; exceptions
Status: in_force

Sec. 1. On and after March 8, 1913, it shall be unlawful for any person, firm, or corporation, or lessee or receiver of any person, firm, or corporation, owning or operating any line or lines of steam railroad in this state to place, attach, couple, or otherwise connect any car or cars between any two (2) or more locomotive engines in such manner that one (1) or more such locomotive engines shall precede, and one (1) or more such locomotive engines shall succeed, such car or cars, and, in such case, and in such cases only, when such locomotive engines, having such car or cars placed, attached, coupled, or otherwise connected between them shall be used or employed, or shall be intended to be used or employed to haul, push, draw, switch, shunt, or otherwise move or transport such car or cars over or along the track or tracks of such railroad or railroads, or any part or parts of the railroads lying within this state. And it shall likewise be unlawful to haul, push, draw, switch, shunt, or otherwise move or transport such car or cars when placed, attached, coupled, or otherwise connected between such locomotive engines in the manner described in this section, over or along any sidetrack, spur, turn-out, or switch located in any yard or yards or elsewhere when used, owned, operated, or leased by any such railroad or railroads, and in any and all other cases when the hauling, pushing, drawing, switching, shunting, or otherwise moving or transporting such car or cars when placed, attached, coupled, or otherwise connected between such locomotive engines in the manner described in this section would imperil or endanger the life or lives of any person or persons engaged or employed on or in such car or cars and engines, or who have a lawful right to be in or ride on the car or engine. However, none of the provisions of this section shall be construed to apply to cases where it is necessary or imperative to use or employ a switch or other engine to assist in starting or overcoming the inertia of a standing train, or in pushing or moving such train over steep or heavy grades, or around sharp curves, for short distances, and when it is customary to detach such engine or engines when the bend of such curve shall have been passed, or when the summit of such grade or acclivity shall have been reached.

Formerly: Acts 1913, c.130, s.1. As amended by P.L.62-1984, SEC.136; P.L.136-2018, SEC.96.
Ind. Code § 8-15-3-2.5 — Indiana Code / Title 8 / Article 15 / Chapter 3 / Section 8-15-3-2.5
"Operator"
Status: in_force

Sec. 2.5. "Operator" refers to one (1) or more private individuals or entities that enter into a public-private agreement to do one (1) or more of the following with respect to one (1) or more tollways:

(1) Planning.

(2) Design.

(3) Development.

(4) Construction.

(5) Reconstruction.

(6) Maintenance.

(7) Repair.

(8) Financing.

(9) Operation.

A public entity may provide services to an operator as a subcontractor or subconsultant without affecting the private status of the operator and the entity's or operator's ability to enter into a public-private agreement.

As added by P.L.47-2006, SEC.20.
Ind. Code § 8-18-22-13 — Indiana Code / Title 8 / Article 18 / Chapter 22 / Section 8-18-22-13
State covenant not to impair bondholder rights and remedies
Status: in_force

Sec. 13. The general assembly pledges to and covenants with the owner of any bonds issued under this chapter that the general assembly will not limit or alter the ability of the county to fulfill the terms of the agreements or pledges made with bondholders or in any way impair the rights or remedies of the bondholders until the bonds and related obligations are fully met and discharged.

As added by P.L.113-1989, SEC.9.
Ind. Code § 8-15-2-22 — Indiana Code / Title 8 / Article 15 / Chapter 2 / Section 8-15-2-22
Construction of chapter
Status: in_force

Sec. 22. This chapter, being necessary for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes thereof.

Formerly: Acts 1951, c.281, s.22. As amended by P.L.66-1984, SEC.58.
Ind. Code § 8-8-1-2 — Indiana Code / Title 8 / Article 8 / Chapter 1 / Section 8-8-1-2
Automatic couplers
Status: in_force

Sec. 2. It shall be unlawful for any such common carrier to haul, or permit to be hauled, or used, on its line, any locomotive, car, tender or similar vehicle used in moving state traffic not equipped with couplers coupling automatically by impact, and which can be uncoupled without the necessity of persons going between the ends of the cars.

Formerly: Acts 1907, c.118, s.2; Acts 1975, P.L.76, SEC.4.
Ind. Code § 8-1-39-7 — Indiana Code / Title 8 / Article 1 / Chapter 39 / Section 8-1-39-7
"TDSIC costs"
Status: in_force

Sec. 7. As used in this chapter, "TDSIC costs" means the following costs incurred with respect to eligible transmission, distribution, and storage system improvements incurred both while the improvements are under construction and post in service:

(1) Depreciation expenses.

(2) Operation and maintenance expenses.

(3) Extensions and replacements to the extent not provided for through depreciation, in the manner provided for in IC 8-1.5-3-8.

(4) Property taxes.

(5) Pretax returns.

The term includes costs associated with a targeted economic development project approved under section 11 of this chapter.

As added by P.L.133-2013, SEC.5.
Ind. Code § 8-1-2.7-1.5 — Indiana Code / Title 8 / Article 1 / Chapter 2.7 / Section 8-1-2.7-1.5
Repealed
Status: repealed

As added by P.L.80-1997, SEC.4 and P.L.82-1997, SEC.4. Repealed by P.L.159-1999, SEC.21.
Ind. Code § 8-22-3.7-22 — Indiana Code / Title 8 / Article 22 / Chapter 3.7 / Section 8-22-3.7-22
Actions to contest validity of bonds; conditions
Status: in_force

Sec. 22. Any action to contest the validity of bonds to be issued under this chapter may not be brought after:

(1) fifteen (15) days following the receipt of bids for the bonds, if the bonds are sold at public sale; or

(2) the time limitations set forth in IC 5-1-14-13.

As added by P.L.108-1993, SEC.11.
Ind. Code § 8-23-9-17 — Indiana Code / Title 8 / Article 23 / Chapter 9 / Section 8-23-9-17
Withdrawal and payment of retained percentages
Status: in_force

Sec. 17. At any time after the contract has been substantially completed, the contractor may be permitted to draw any part of the retained percentage withheld by the department in an amount determined by the department to be in the best interest of the state, provided the contractor files a written request on forms provided by the department for requests. The department may pay to the contractor any part of the retained percentage the department determines is in the best interest of the state even though the contractor does not request payment, provided that the department notifies the contractor of the department's intent to do so at least thirty (30) days in advance of the payment. The fact that the contractor is permitted to withdraw a part of the retained percentage, or that the department pays a part of the retained percentage, shall in no way release or relieve the contractor on the contract.

As added by P.L.18-1990, SEC.218. Amended by P.L.117-1995, SEC.3; P.L.267-2001, SEC.1.
Ind. Code § 8-4.5-5-10 — Indiana Code / Title 8 / Article 4.5 / Chapter 5 / Section 8-4.5-5-10
Request for preconstruction costs
Status: in_force

Sec. 10. (a) The board may grant an applicant's request for preconstruction project planning design and development costs.

(b) A request submitted under subsection (a) must be in writing.

(c) The board may not grant a request under subsection (a) if the total design and development expenditure exceeds fifteen percent (15%) of the total construction costs for the project.

(d) The board shall require adequate documentation of eligible costs before approving reimbursement under this section.

As added by P.L.40-1995, SEC.3.
Ind. Code § 8-1-8.9-14 — Indiana Code / Title 8 / Article 1 / Chapter 8.9 / Section 8-1-8.9-14
SNG property interest; bankruptcy setoff
Status: in_force

Sec. 14. The interests of an assignee in:

(1) an SNG property interest transferred to the assignee under section 13 of this chapter; and

(2) any revenues or collections arising from the SNG property interest transferred;

are not subject to setoff by the energy utility that transferred the SNG property interest, or by any other person, in connection with any bankruptcy proceeding involving the energy utility.

As added by P.L.175-2007, SEC.21.
Ind. Code § 8-16-2-13 — Indiana Code / Title 8 / Article 16 / Chapter 2 / Section 8-16-2-13
Toll collectors; employment and compensation
Status: in_force

Sec. 13. Such toll-collectors shall be selected, employed and paid in the same manner as other employees of the department are selected, employed and paid: Provided, That they shall be paid only out of said toll fund and their wages shall not be a charge upon the general funds of the department. Said toll-collectors shall be subject to the complete control of the department and to such regulations as it may prescribe governing their duties.

Formerly: Acts 1927, c.10, s.13. As amended by Acts 1980, P.L.74, SEC.287.
Ind. Code § 8-23-28-6 — Indiana Code / Title 8 / Article 23 / Chapter 28 / Section 8-23-28-6
Economic development initiatives
Status: in_force

Sec. 6. The corporation shall coordinate state and local economic development initiatives within the River Ridge Commerce Corridor.

As added by P.L.88-2011, SEC.1.
Ind. Code § 8-1-26.5-1 — Indiana Code / Title 8 / Article 1 / Chapter 26.5 / Section 8-1-26.5-1
Application of definitions
Status: in_force

Sec. 1. The definitions in:

(1) IC 8-1-26; and

(2) IC 23-0.5-1.5;

apply throughout this chapter.

As added by P.L.93-2018, SEC.1.
Ind. Code § 8-9-8-2 — Indiana Code / Title 8 / Article 9 / Chapter 8 / Section 8-9-8-2
Repealed
Status: repealed

Formerly: Acts 1911, c.233, s.2. Repealed by Acts 1978, P.L.2, SEC.867.
Ind. Code § 8-3-1.5-17 — Indiana Code / Title 8 / Article 3 / Chapter 1.5 / Section 8-3-1.5-17
Railroad equipment; acquisition
Status: in_force

Sec. 17. The department is authorized to purchase any railroad rolling stock, equipment, and machinery necessary for the operation and maintenance of any rail properties purchased by it on behalf of the State with any funds made available for this purpose. The department may also acquire, and have available, a pool of equipment and machinery which may be utilized by the operators of the rail properties for the purpose of track maintenance, and other related railroad activities, upon terms and conditions determined by the department.

Formerly: Acts 1975, P.L.79, SEC.1. As amended by Acts 1980, P.L.74, SEC.56.
Ind. Code § 8-1-27-3 — Indiana Code / Title 8 / Article 1 / Chapter 27 / Section 8-1-27-3
"Environmental compliance plan" defined
Status: in_force

Sec. 3. As used in this chapter, "environmental compliance plan" means a plan developed by a public utility to comply in whole or in part with the requirements of the Clean Air Act Amendments of 1990.

As added by P.L.76-1991, SEC.1.
Ind. Code § 8-15-3-27.7 — Indiana Code / Title 8 / Article 15 / Chapter 3 / Section 8-15-3-27.7
Rules concerning electronic tolling
Status: in_force

Sec. 27.7. (a) The rules adopted under section 26 or 27 of this chapter may establish an electronic tolling program. The rules must provide at least the following:

(1) A participant must enter into a written agreement containing the terms and conditions approved by the department.

(2) An agreement must require the participant to do the following:

(A) Establish the account specified by the department and maintain the balance of funds in the account specified by the department.

(B) Hold and use any device provided to register use of a tollway that is chargeable to the participant's account in the manner specified in the rules and participant's agreement.

(C) Pay the fees, charges, and tolls specified by the department or an operator, as permitted under a public-private agreement.

(D) Comply with any other necessary or appropriate terms and conditions specified by the department or an operator, as permitted under a public-private agreement.

(3) A method for resolving disputed charges with account holders, including an agreement by the account holder to hold the department and its agents harmless for the payment of any unpaid financial obligation incurred by the account holder.

(4) The program will comply with all applicable federal and state laws, regulations, and rules regulating credit transactions between the entity holding the account and the account holder.

(5) Notice will be provided to the participant of all federal and state privacy, credit, and other laws, regulations, and policies applicable to an account and the program.

(b) The department may establish reasonable fees and charges to be charged to account holders and business entities participating in the electronic tolling program and to recover costs of administration, account initiation and maintenance, late payments, credit card and other electronic transactions, enforcement, and improvement of the program. The fees and charges shall be deposited in the appropriate special funds account for the tollways covered by the program, as specified by the department, or used, retained, or deposited as permitted under a public-private agreement.

(c) The identifying credit and tollway use information of an electronic tolling program participant may not be used by the department or an operator for commercial purposes not related to the tollway.

As added by P.L.47-2006, SEC.35.
Ind. Code § 8-1-2-69 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-69
Complaints against utilities; orders of commission
Status: in_force

Sec. 69. Whenever, upon the investigation made under the provisions of this chapter, the commission shall find any regulations, measurements, practices, acts, or service to be unjust, unreasonable, unwholesome, unsanitary, unsafe, insufficient, preferential, unjustly discriminatory, or otherwise in violation of any of the provisions of this chapter, or shall find that any service is inadequate or that any service which can be reasonably demanded can not be obtained, the commission shall determine and declare and by order fix just and reasonable measurements, regulations, acts, practices, or service to be furnished, imposed, observed, and followed in the future in lieu of those found to be unjust, unreasonable, unwholesome, unsanitary, unsafe, insufficient, preferential, unjustly discriminatory, inadequate, or otherwise in violation of this chapter, as the case may be, and shall make such other order respecting such measurement, regulation, act, practice, or service as shall be just and reasonable.

Formerly: Acts 1913, c.76, s.73. As amended by P.L.59-1984, SEC.29.
Ind. Code § 8-1.5-2-28 — Indiana Code / Title 8 / Article 1.5 / Chapter 2 / Section 8-1.5-2-28
Lease of waterworks facilities; payment of operating expenses; sufficiency of rates and charges
Status: in_force

Sec. 28. (a) A waterworks lease may provide that as a part of the lease rental for the waterworks facilities the lessee agrees to:

(1) pay all property taxes and assessments levied against or on account of the leased facilities;

(2) maintain insurance on the leased facilities for the benefit of the lessor; and

(3) assume all responsibilities for the operation, maintenance, repair, alterations, and additions of the leased facilities.

(b) All of the expenses incurred under subsection (a) and the lease rental are payable solely from the revenues derived from water rates and charges to be collected by the lessee from property and users in the area served by the leased facilities.

(c) The lessee may establish, fix, bill, and collect rates and charges with respect to the property and users in the area served by the leased facilities that are sufficient:

(1) to pay the costs of operation, maintenance, repair, alterations, depreciation, and additions of the leased facilities; and

(2) to pay the lease rental as it becomes due.

Rates and charges too low to meet these requirements are unlawful. These rates and charges are subject to approval in accordance with IC 8-1.5-3-8.

As added by Acts 1982, P.L.74, SEC.1.
Ind. Code § 8-1-5-1 — Indiana Code / Title 8 / Article 1 / Chapter 5 / Section 8-1-5-1
Lien of mortgage
Status: in_force

Sec. 1. (a) Notwithstanding any other statute or rule of law of the state, any mortgage executed and recorded by a public utility, as defined in IC 8-1-2-1, or by any corporation or other business entity engaged in the railroad business or the transmission of oil, gas, or petroleum products by pipeline, in the manner provided for the execution and recording of mortgages upon real estate:

(1) may include all or any part of the property of the mortgagor, real, personal, or mixed, chattels real and fixtures; and

(2) shall, upon its recordation, constitute a valid and perfected lien upon all and every part of the property of the mortgagor described in the mortgage and situated in any county in this state where the mortgage is or shall be recorded in the manner provided for recording real estate mortgages. Neither the mortgage nor any statement respecting the mortgage or any of the property described in the mortgage need be otherwise filed or refiled in order to perfect or continue perfection of the lien created by the mortgage.

(b) The term "mortgage", as used in this chapter, includes deeds of trust and any and all documents creating an interest in property to secure the payment of bonds, notes, debentures, and like securities, and any instrument executed to supplement any mortgage.

(c) If it is executed and recorded as provided in this section and by its terms covers some or all of the after-acquired property of the mortgagor, the mortgage constitutes a valid and perfected lien upon the interest of the mortgagor in the after-acquired property from the date the mortgagor acquires an interest in the property.

(d) Notwithstanding the date of the mortgage's execution or recordation, if collateral covered by IC 26-1-9.1 was or is perfected in compliance with the recordation requirements contained in this section, the recordation was or is equivalent to the highest form of filing or perfection under IC 26-1-9.1.

Formerly: Acts 1965, c.9, s.1. As amended by P.L.59-1984, SEC.52; P.L.93-1985, SEC.1; P.L.120-1987, SEC.1; P.L.57-2000, SEC.3.
Ind. Code § 8-22-3-11 — Indiana Code / Title 8 / Article 22 / Chapter 3 / Section 8-22-3-11
Powers and duties of board; tax rates
Status: in_force

Sec. 11. (a) The board may do all acts necessary or reasonably incident to carrying out the purposes of this chapter, including the following:

(1) As a municipal corporation, to sue and be sued in its own name.

(2) To have all the powers and duties conferred by statute upon boards of aviation commissioners. The board supersedes all boards of aviation commissioners within the district. The board has exclusive jurisdiction within the district.

(3) To protect all property owned or managed by the board.

(4) To adopt an annual budget and levy taxes in accordance with this chapter.

(A) The board may not levy taxes on property in excess of the tax rate specified in subsection (b), except as provided in sections 17 and 25 of this chapter.

(B) Clause (A) and subsection (b) do not apply to an authority that was established under IC 19-6-2 or IC 19-6-3 (before their repeal on April 1, 1980).

(C) The board of an authority that was established under IC 19-6-3 (before its repeal on April 1, 1980) may levy taxes on property not in excess of six and sixty-seven hundredths cents ($0.0667) on each one hundred dollars ($100) of assessed valuation.

(5) To incur indebtedness in the name of the authority in accordance with this chapter.

(6) To adopt administrative procedures, rules, and regulations.

(7) To acquire property, real, personal, or mixed, by deed, purchase, lease, condemnation, or otherwise and dispose of it for use or in connection with or for administrative purposes of the airport; to receive gifts, donations, bequests, and public trusts and to agree to conditions and terms accompanying them and to bind the authority to carry them out; to receive and administer federal or state aid; and to erect buildings or structures that may be needed to administer and carry out this chapter.

(8) To determine matters of policy regarding internal organization and operating procedures not specifically provided for otherwise.

(9) To adopt a schedule of reasonable charges and to collect them from all users of facilities and services within the district.

(10) To purchase supplies, materials, and equipment to carry out the duties and functions of the board in accordance with procedures adopted by the board.

(11) To employ personnel that are necessary to carry out the duties, functions, and powers of the board.

(12) To establish an employee pension plan. The board may, upon due investigation, authorize and begin a fair and reasonable pension or retirement plan and program for personnel, the cost to be borne by either the authority or by the employee or by both, as the board determines. If the authority was established under IC 19-6-2 (before its repeal on April 1, 1980), the entire cost must be borne by the authority, and ordinances creating the plan or making changes in it must be approved by the mayor of the city. The plan may be administered and funded by a trust fund or by insurance purchased from an insurance company licensed to do business in Indiana or by a combination of them. The board may also include in the plan provisions for life insurance, disability insurance, or both.

(13) To sell surplus real or personal property in accordance with law. If the board negotiates an agreement to sell trees situated in woods or forest areas owned by the board, the trees are considered to be personal property of the board for severance or sale.

(14) To adopt and use a seal.

(15) To acquire, establish, construct, improve, equip, maintain, control, lease, and regulate municipal airports, landing fields, and other air navigation facilities, either inside or outside the district; to acquire by lease (with or without the option to purchase) airports, landing fields, or navigation facilities, and any structures, equipment, or related improvements; and to erect, install, construct, and maintain at the airport or airports facilities for the servicing of aircraft and for the comfort and accommodation of air travelers and the public. The Indiana department of transportation must grant its approval before land may be purchased for the establishment of an airport or landing field and before an airport or landing field may be established.

(16) To fix and determine exclusively the uses to which the airport lands may be put, including land use planning and zoning. All uses must be necessary or desirable to the airport or the aviation industry and must be compatible with the uses of the surrounding lands as far as practicable. The jurisdiction granted under this subdivision is superior to that of any other local government unit or entity with respect to airport lands.

(17) To elect a secretary from its membership, or to employ a secretary, an airport director, superintendents, managers, a treasurer, engineers, surveyors, attorneys, clerks, guards, mechanics, laborers, and all employees the board considers expedient, and to prescribe and assign their respective duties and authorities and to fix and regulate the compensation to be paid to the persons employed by it in accordance with the authority's appropriations. All employees shall be selected irrespective of their political affiliations.

(18) To make all rules and regulations, consistent with laws regarding air commerce, for the management and control of its airports, landing fields, air navigation facilities, and other property under its control.

(19) To acquire by lease the use of an airport or landing field for aircraft pending the acquisition and improvement of an airport or landing field.

(20) To manage and operate airports, landing fields, and other air navigation facilities acquired or maintained by an authority; to lease all or part of an airport, landing field, or any buildings or other structures, and to fix, charge, and collect rentals, tolls, fees, and charges to be paid for the use of the whole or a part of the airports, landing fields, or other air navigation facilities by aircraft landing there and for the servicing of the aircraft; to construct public recreational facilities that will not interfere with air operational facilities; to fix, charge, and collect fees for public admissions and privileges; and to make contracts for the operation and management of the airports, landing fields, and other air navigation facilities; and to provide for the use, management, and operation of the air navigation facilities through lessees, its own employees, or otherwise. Contracts for the maintenance, operation, or use of the airport or any part of it may be made for a term not exceeding fifteen (15) years and may be extended for similar terms of years. However, the airport, including all or part of its land, facilities, or structures, may be leased for any use connected with the operation and convenience of the airport for an initial term not exceeding forty (40) years and may be extended for a period not to exceed ten (10) years. If a person whose character, experience, and financial responsibility have been determined satisfactory by the board offers to erect a permanent structure that facilitates and is consistent with the operation, use, and purpose of the airport on land belonging to the airport, a lease may be entered into for a period not to exceed ninety-nine (99) years. However, the board must pass an ordinance to enter into such a lease. The board may not grant an exclusive right for the use of a landing area under its jurisdiction. However, this does not prevent the making of leases in accordance with other provisions of this chapter. All contracts, and leases, are subject to restrictions and conditions that the board prescribes. The authority may lease its property and facilities for any commercial or industrial use it considers necessary and proper, including the use of providing airport motel facilities. For the airport authority established by the city of Gary, the board may approve a lease, management agreement, or other contract:

(A) with a person:

(i) who is selected by the board using the procedures under IC 36-1-9.5; and

(ii) whose character, experience, and financial responsibility have been determined satisfactory by the board; and

(B) to use, plan, design, acquire, construct, reconstruct, improve, extend, expand, lease, operate, repair, manage, maintain, or finance all or any part of the airport and its landing fields, air navigation facilities, and other buildings and structures for a period not to exceed ninety-nine (99) years. However, the board must pass an ordinance to enter into such a lease, management agreement, or other contract. All contracts, leases, and management agreements are subject to restrictions and conditions that the board prescribes. The authority may lease its property and facilities for any commercial or industrial use it considers necessary and proper, including the use of providing airport motel facilities. A lease, management agreement, or other contract entered into under this section or any other provision of this chapter may be entered into without complying with IC 5-23.

(21) To sell machinery, equipment, or material that is not required for aviation purposes. The proceeds shall be deposited with the treasurer of the authority.

(22) To negotiate and execute contracts for sale or purchase, lease, personal services, materials, supplies, equipment, or any other transaction or business relative to an airport under the board's control and operation. However, whenever the board determines to sell part or all of aviation lands, buildings, or improvements owned by the authority, the sale must be in accordance with law.

(23) To vacate all or parts of roads, highways, streets, or alleys, whether inside or outside the district, in the manner provided by statute.

(24) To annex lands to itself if the lands are owned by the authority or are streets, roads, or other public ways.

(25) To approve any state, county, city, or other highway, road, street or other public way, railroad, power line, or other right-of-way to be laid out or opened across an airport or in such proximity as to affect the safe operation of the airport.

(26) To construct drainage and sanitary sewers with connections and outlets as are necessary for the proper drainage and maintenance of an airport or landing field acquired or maintained under this chapter, including the necessary buildings and improvements and for the public use of them in the same manner that the authority may construct sewers and drains. However, with respect to the construction of drains and sanitary sewers beyond the boundaries of the airport or landing field, the board shall proceed in the same manner as private owners of property and may institute proceedings and negotiate with the departments, bodies, and officers of an eligible entity to secure the proper orders and approvals; and to order a public utility or public service corporation or other person to remove or to install in underground conduits wires, cables, and power lines passing through or over the airport or landing field or along the borders or within a reasonable distance that may be determined to be necessary for the safety of operations, upon payment to the utility or other person of due compensation for the expense of the removal or reinstallation. The board must consent before any franchise may be granted by state or local authorities for the construction of or maintenance of railway, telephone, telegraph, electric power, pipe, or conduit line upon, over, or through land under the control of the board or within a reasonable distance of land that is necessary for the safety of operation. The board must also consent before overhead electric power lines carrying a voltage of more than four thousand four hundred (4,400) volts and having poles, standards, or supports over thirty (30) feet in height within one-half (1/2) mile of a landing area acquired or maintained under this chapter may be installed.

(27) To contract with any other state agency or instrumentality or any political subdivision for the rendition of services, the rental or use of equipment or facilities, or the joint purchase and use of equipment or facilities that are necessary for the operation, maintenance, or construction of an airport operated under this chapter.

(28) To provide air transportation in furtherance of the duties and responsibilities of the board.

(29) To promote or encourage aviation-related trade or commerce at the airports that it operates.

(30) To provide aviation services to public use airports within or outside Indiana either directly or through an affiliate entity established by the board.

(b) Except as provided in sections 17 and 25 of this chapter, a board may impose a tax rate that does not exceed the following:

(1) If the total assessed valuation is three hundred million dollars ($300,000,000) or less, a tax rate of ten cents ($0.10) per one hundred dollars ($100) of assessed valuation.

(2) If the total assessed valuation is more than three hundred million dollars ($300,000,000) but not more than four hundred fifty million dollars ($450,000,000), the tax rate necessary to raise property tax revenue equal to the sum of:

(A) three hundred thousand dollars ($300,000); plus

(B) the amount that would be raised by applying a tax rate of eight and thirty-three hundredths cents ($0.0833) (as adjusted under IC 6-1.1-18-12) per one hundred dollars ($100) of assessed valuation that exceeds three hundred million dollars ($300,000,000).

(3) If the total assessed valuation is more than four hundred fifty million dollars ($450,000,000) but not more than six hundred million dollars ($600,000,000), the tax rate necessary to raise property tax revenue equal to the sum of:

(A) three hundred seventy-four thousand eight hundred fifty dollars ($374,850); plus

(B) the amount that would be raised by applying a tax rate of six and sixty-seven hundredths cents ($0.0667) (as adjusted under IC 6-1.1-18-12) per one hundred dollars ($100) of assessed valuation that exceeds four hundred fifty million dollars ($450,000,000).

(4) If the total assessed valuation is more than six hundred million dollars ($600,000,000) but not more than nine hundred million dollars ($900,000,000), the tax rate necessary to raise property tax revenue equal to the sum of:

(A) four hundred thousand two hundred dollars ($400,200); plus

(B) the amount that would be raised by applying a tax rate of five cents ($0.05) (as adjusted under IC 6-1.1-18-12) per one hundred dollars ($100) of assessed valuation that exceeds six hundred million dollars ($600,000,000).

(5) If the total assessed valuation is more than nine hundred million dollars ($900,000,000), the tax rate necessary to raise property tax revenue equal to the sum of:

(A) four hundred fifty thousand dollars ($450,000); plus

(B) the amount that would be raised by applying a tax rate of three and thirty-three hundredths cents ($0.0333) (as adjusted under IC 6-1.1-18-12) per one hundred dollars ($100) of assessed valuation that exceeds nine hundred million dollars ($900,000,000).

[Pre-Local Government Recodification Citations: 19-6-2-13; 19-6-2-40; 19-6-3-15; 19-6-3.5-14.]

As added by Acts 1980, P.L.8, SEC.73. Amended by Acts 1980, P.L.79, SEC.1; Acts 1982, P.L.82, SEC.1; P.L.130-1987, SEC.3; P.L.3-1990, SEC.40; P.L.106-1993, SEC.2; P.L.29-1999, SEC.2; P.L.29-1999, SEC.3; P.L.98-2001, SEC.2; P.L.182-2009(ss), SEC.268; P.L.139-2011, SEC.4; P.L.139-2013, SEC.2; P.L.166-2014, SEC.37.
Ind. Code § 8-1-2.5-10 — Indiana Code / Title 8 / Article 1 / Chapter 2.5 / Section 8-1-2.5-10
Implementation of chapter
Status: in_force

Sec. 10. The commission may also adopt rules under IC 4-22-2 to implement this chapter, but the absence of such rules does not affect the commission's authority under this chapter.

As added by P.L.108-1995, SEC.3.
Ind. Code § 8-2.1-22-7 — Indiana Code / Title 8 / Article 2.1 / Chapter 22 / Section 8-2.1-22-7
Agreements with agencies of federal government or of another state; adoption of rules or orders of other agencies
Status: in_force

Sec. 7. (a) The department may, subject to the approval of the governor, enter into an agreement or understanding with the United States Department of Transportation, any other appropriate agency of federal government, or any other department or agency of another state, for the purpose of more effective regulation of motor carriers.

(b) In the furtherance of uniformity in the regulation of motor carriers, the department may by order or rule adopt orders, standards, or rules and regulations of the United States Department of Transportation, any other appropriate agency of the federal government, or another state or states as they affect motor carriers, whether or not specifically referred to under this chapter.

As added by P.L.99-1989, SEC.13. Amended by P.L.42-2007, SEC.9.
Ind. Code § 8-1-34-20 — Indiana Code / Title 8 / Article 1 / Chapter 34 / Section 8-1-34-20
Notice of change; notice of intent to provide service; customer notification requirements
Status: in_force

Sec. 20. (a) In connection with, or as a condition of receiving, a certificate under this chapter, the commission shall require a holder to notify the commission, after the issuance of a certificate, of any of the following changes involving the holder or the certificate issued:

(1) Any transaction involving a change in the ownership, operation, control, or corporate organization of the holder, including a merger, an acquisition, or a reorganization.

(2) A change in the holder's legal name or the adoption of, or change to, an assumed business name. The holder shall submit to the commission a certified copy of the:

(A) amended certificate of authority; or

(B) certificate of assumed business name;

issued by the secretary of state to reflect the change.

(3) A change in the holder's principal business address or in the name of the person authorized to receive notice on behalf of the holder.

(4) Any transfer of the certificate to a successor in interest of the holder allowed by section 18 of this chapter. The holder shall identify the successor in interest to which the transfer is made.

(5) The termination of any certificate issued under this chapter, as allowed by section 19 of this chapter. The holder shall identify:

(A) any other certificate issued under this chapter that will be retained by the holder;

(B) the number of Indiana customers in the service area covered by the certificate being terminated; and

(C) the method by which the holder's customers were notified of the termination, if required by the commission under subsection (c).

(6) A change in the video programming or other programming service provided in one (1) or more of the services areas identified under section 16(b)(6) of this chapter in the holder's most recent application for a certificate under this chapter.

(7) A change in one (1) or more of the service areas identified under section 16(b)(6) of this chapter that would increase or decrease the territory within the service area. The holder shall describe the new boundaries of the affected service areas after the proposed change is made.

The commission shall prescribe the time in which a holder must report changes under this section. The commission may prescribe a form for the reporting of changes under this section.

(b) In connection with, or as a condition of, receiving a certificate under this chapter, the commission shall require a holder to notify a unit:

(1) in which the holder does not already provide video service under:

(A) a local franchise issued by the unit before July 1, 2006; or

(B) another certificate issued under this chapter after June 30, 2006; and

(2) that is included in the holder's service area under the certificate being issued;

that the holder intends to provide video service in the unit's jurisdiction. The holder shall give the notice required under this subdivision not later than ten (10) days before the holder begins providing video service in the unit's jurisdiction.

(c) In connection with the issuance of a certificate under this chapter, the commission may require a holder to provide advance notice to the holder's Indiana customers if the holder will do any of the following:

(1) Change the rates and charges for video service that the holder offers in any of its service areas in Indiana.

(2) Cease to offer video service, or any specific video programming or other programming service, that the holder offers in any of the holder's service areas in Indiana.

The commission shall prescribe any customer notification requirements under this subsection in a rule of general application adopted under IC 4-22-2.

As added by P.L.27-2006, SEC.58.
Ind. Code § 8-4-17-6 — Indiana Code / Title 8 / Article 4 / Chapter 17 / Section 8-4-17-6
Repealed
Status: repealed

Formerly: Acts 1877(ss), c.31, s.6. Repealed by Acts 1975, P.L.81, SEC.2.
Ind. Code § 8-20-7-1 — Indiana Code / Title 8 / Article 20 / Chapter 7 / Section 8-20-7-1
Authority to locate and establish highway over route of abandoned highway
Status: in_force

Sec. 1. When a county highway has been taken over by the Indiana department of transportation and incorporated in the state highway system and is subsequently abandoned as a state highway, the executive of the county where the highway is located may establish a highway over the route of the abandoned highway. The right-of-way of the highway has the same boundaries as the boundaries of the highway when it was abandoned as a state highway. The executive may acquire the land necessary for the right-of-way by donation, purchase, or through the exercise of eminent domain. The executive may remove any obstructions placed on the highway since its abandonment.

Formerly: Acts 1935, c.238, s.1. As amended by Acts 1980, P.L.74, SEC.307; P.L.86-1988, SEC.219; P.L.18-1990, SEC.153.
Ind. Code § 8-14-14.1-1 — Indiana Code / Title 8 / Article 14 / Chapter 14.1 / Section 8-14-14.1-1
"Department"
Status: in_force

Sec. 1. As used in this chapter, "department" refers to the Indiana department of transportation.

As added by P.L.205-2013, SEC.135.
Ind. Code § 8-17-3-4 — Indiana Code / Title 8 / Article 17 / Chapter 3 / Section 8-17-3-4
Repealed
Status: repealed

Formerly: Acts 1933, c.27, s.4. As amended by P.L.86-1988, SEC.109. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-4-32-6 — Indiana Code / Title 8 / Article 4 / Chapter 32 / Section 8-4-32-6
Repealed
Status: repealed

Formerly: Acts 1863, c.25, s.6. As amended by P.L.62-1984, SEC.87. Repealed by P.L.1-1990, SEC.122.
Ind. Code § 8-1.5-5-9 — Indiana Code / Title 8 / Article 1.5 / Chapter 5 / Section 8-1.5-5-9
Maintenance account; surplus
Status: in_force

Sec. 9. (a) In fixing the revenues of the department required for operation and maintenance, the board shall consider the cost of the operation and maintenance of the department.

(b) If a surplus is accumulated in the operating and maintenance account, the board may transfer any excess over that surplus to:

(1) the depreciation account, to be used for any improvements, extensions, or additions to the storm water system; or

(2) the bond and interest redemption account.

As added by P.L.125-1987, SEC.1.
Ind. Code § 8-23-19-3 — Indiana Code / Title 8 / Article 23 / Chapter 19 / Section 8-23-19-3
Disbursements
Status: in_force

Sec. 3. Disbursements shall be made from this fund solely upon vouchers approved by the department for rights-of-way that have been or are being acquired and for construction that has been actually performed and approved by the Federal Highway Administration.

As added by P.L.18-1990, SEC.228.
Ind. Code § 8-23-9-40 — Indiana Code / Title 8 / Article 23 / Chapter 9 / Section 8-23-9-40
Railroad crossings; separation of grades
Status: in_force

Sec. 40. Whenever a state highway is being constructed or reconstructed and the highway crosses or intersects a railroad, the department may, if in its opinion it is practicable, separate grades at the crossings. If the department is unable to agree with the railroad as to the separation and the method of accomplishing the separation, the department shall apply to the utility regulatory commission by verified petition asking that the grades be separated at the crossing.

As added by P.L.18-1990, SEC.218.
Ind. Code § 8-25-2-8 — Indiana Code / Title 8 / Article 25 / Chapter 2 / Section 8-25-2-8
Approval or defeat of public question
Status: in_force

Sec. 8. The local public question is approved by a county if a majority of the county voters voting on the local public question vote "yes". The local public question is defeated by a county if a majority of the county voters voting on the local public question vote "no".

As added by P.L.153-2014, SEC.17.
Ind. Code § 8-1-29-7.5 — Indiana Code / Title 8 / Article 1 / Chapter 29 / Section 8-1-29-7.5
Civil penalties
Status: in_force

Sec. 7.5. (a) If after notice and hearing the commission finds that a telecommunications provider has violated:

(1) section 5 of this chapter; or

(2) rules adopted under section 6 of this chapter;

the commission may impose a civil penalty of not more than two thousand five hundred dollars ($2,500) for each offense.

(b) The secretary of the commission shall deposit civil penalties collected under subsection (a) in the state general fund.

As added by P.L.65-1999, SEC.1.
Ind. Code § 8-1-32.4-6 — Indiana Code / Title 8 / Article 1 / Chapter 32.4 / Section 8-1-32.4-6
"Incumbent local exchange carrier"
Status: in_force

Sec. 6. As used in this chapter, "incumbent local exchange carrier" has the meaning set forth in 47 U.S.C. 251(h).

As added by P.L.27-2006, SEC.54.
Ind. Code § 8-16-3.1-1 — Indiana Code / Title 8 / Article 16 / Chapter 3.1 / Section 8-16-3.1-1
"Eligible county"
Status: in_force

Sec. 1. (a) As used in this chapter, "eligible county" means a county that has:

(1) a population of more than one hundred thousand (100,000) and less than seven hundred thousand (700,000); and

(2) a major obstruction between commercial or population centers which is capable of causing an economic hardship because of excess travel required to conduct a normal level of commerce between the two (2) centers.

A major obstruction which is a part of a county boundary or a state boundary does not qualify for the purpose of this chapter.

(b) As used in this chapter, "major bridge" means the following:

(1) A structure that is two hundred (200) or more feet in length and that is erected over a depression or an obstruction for the purpose of carrying motor vehicular traffic or other moving loads. However, the structure shall be one hundred (100) or more feet in length in a city having any of the following populations:

(A) More than sixty-five thousand (65,000) and less than seventy thousand (70,000).

(B) More than sixty thousand (60,000) and less than sixty-five thousand (65,000).

(C) More than thirty-one thousand (31,000) and less than thirty-one thousand five hundred (31,500).

(2) An underpass of any length that is designed to carry motor vehicle traffic or other moving loads.

(c) As used in this chapter, "major obstruction" means a physical barrier to the passage of motor vehicle traffic that inhibits the use of the customary highway construction techniques to bridge the barrier without use of a grade separation structure.

As added by Acts 1979, P.L.96, SEC.1. Amended by Acts 1982, P.L.1, SEC.28; P.L.86-1988, SEC.21; P.L.12-1992, SEC.65; P.L.61-1992, SEC.1; P.L.1-1993, SEC.50; P.L.170-2002, SEC.67; P.L.119-2012, SEC.96; P.L.11-2023, SEC.38.
Ind. Code § 8-16-3.5-5.5 — Indiana Code / Title 8 / Article 16 / Chapter 3.5 / Section 8-16-3.5-5.5
Contracts with profit corporations; competitive bidding procedure
Status: in_force

Sec. 5.5. Notwithstanding any other provision of this chapter, a contract of lease with any profit corporation is subject to competitive bid and may only be entered into after compliance with the following:

(1) The lessee shall prepare and place on file in the lessee's offices a proposed lease and complete drawings and specifications for the bridge described in section 1 of this chapter to include necessary equipment and appurtenances to the equipment. The lease must be complete in its terms except for total rental or other consideration which is subject to bid provided for in this section.

(2) After that, the lessee shall publish a notice in accordance with IC 5-3-1 informing the public and potential lessors of the general nature of the lease and of the fact that the proposed lease, drawings, and specifications are on file in the office, and calling for sealed proposals for the contract of lease on a specific date not earlier than ten (10) days after the first day of publication.

(3) The lessee shall require each bidder to file with the lessee an affidavit that the bidder has not, directly or indirectly, entered into any combination, collusion, undertaking, or agreement with any other bidder to maintain the price of the bid, or to prevent any other bidder from bidding, or to induce any bidder to refrain from bidding, and that the bid is made without regard or reference to any other bid, and without any agreement, understanding, or combination, either directly or indirectly, with any other person with reference to the bidding. If, after any contract of lease has been let by the lessee, it shall appear that the successful bidder has been guilty of any collusion, combination, undertaking, or agreement, as defined in the affidavit, the bidder shall forfeit the contract of lease, and the contract of lease shall be relet by the lessee.

(4) The lessee may, in the lessee's discretion, fix a later day for receiving the bids, provided that the date shall be mentioned in each of the notices.

(5) The lessee shall, if a satisfactory bid is received, let control of the lease to the lowest and best bidder.

(6) The lessee may, by order, impose further conditions upon bidders with regard to bond and surety, guaranteeing the good faith and responsibility of the word provided for in the proposed contract of lease, or insuring the faithful completion of the terms of the proposed contract of lease, or for any other purpose.

Formerly: Acts 1975, P.L.92, SEC.2. As amended by P.L.86-1988, SEC.28.
Ind. Code § 8-1.5-3-8.3 — Indiana Code / Title 8 / Article 1.5 / Chapter 3 / Section 8-1.5-3-8.3
Objection to extraterritorial rates and charges; review by commission
Status: in_force

Sec. 8.3. (a) This section applies to a utility that provides service to property located outside the corporate boundaries of the municipality.

(b) As used in this section:

(1) "utility"; and

(2) "works";

have the meaning set forth for those terms in section 8.1 of this chapter.

(c) This subsection applies if a municipal legislative body adopts an ordinance under section 8.1 of this chapter or under IC 36-9-23-26 that is in effect on March 31, 2012, and that imposes rates and charges on users of the works for service to property located outside the corporate boundaries of the municipality that exceed by more than fifteen percent (15%), but not more than fifty percent (50%), the rates and charges imposed on users of the works for service to property located within the corporate boundaries of the municipality. Not later than September 30, 2012, the municipality may petition the commission to approve the percentage difference between rates and charges established in the ordinance for property within and property outside the corporate boundaries. In the petition, the municipality shall set forth the following:

(1) The date on which the ordinance took effect.

(2) The percentage difference between rates and charges imposed on users of the works for service to property located outside the corporate boundaries of the municipality and to property located within the corporate boundaries of the municipality.

(3) Whether the works that is the subject of the ordinance is a water utility works, a wastewater utility works, or both a water and wastewater utility works.

If the commission determines that a petition filed under this subsection satisfies the requirements of this subsection, the commission shall approve the petition, including the percentage difference between rates and charges described in subdivision (2). If the commission determines that a petition filed under this subsection does not satisfy the requirements of this subsection, the commission shall disapprove the petition. However, if the percentage difference imposed in the ordinance was the subject of an objecting petition that was filed under section 8.2 of this chapter or under IC 36-9-23-26.1 and sustained on final judgment or appeal, as applicable, by a court, the percentage difference is considered approved without the filing of a petition under this subsection.

(d) If a municipality that files, or that is exempt from filing, a petition under subsection (c) adopts an ordinance under section 8.1 of this chapter or under IC 36-9-23-26 after March 31, 2012, that imposes rates and charges on users of the works for service to property located outside the corporate boundaries of the municipality that exceed the rates and charges imposed on users of the works for service to property located within the corporate boundaries of the municipality by more than the sum of the percentage difference approved or considered approved by the commission under subsection (c) plus fifteen percent (15%), either or both of the following may petition the commission to review and adjust, if necessary, the rates and charges imposed on users of the works for service to property located outside the corporate boundaries of the municipality:

(1) The municipality.

(2) The lesser of:

(A) ten percent (10%) of all; or

(B) twenty-five (25);

users of the works whose property is located outside the corporate boundaries of the municipality.

A petition filed under this subsection must be filed not more than fourteen (14) days after the date on which the ordinance referred to in this subsection is adopted. A petition may not be filed under this subsection if a petition has already been filed under section 8.2 of this chapter appealing the same rates and charges.

(e) If a municipal legislative body, other than a municipal legislative body described in subsection (c), adopts an ordinance under section 8.1 of this chapter or under IC 36-9-23-26 after March 31, 2012, that imposes rates and charges on users of the works for service to property located outside the corporate boundaries of the municipality that exceed the rates and charges imposed on users of the works for service to property located within the corporate boundaries of the municipality by more than fifteen percent (15%), either or both of the following may petition the commission to review and adjust, if necessary, the rates and charges imposed on users of the works for service to property located outside the corporate boundaries of the municipality:

(1) The municipality.

(2) The lesser of:

(A) ten percent (10%) of all; or

(B) twenty-five (25);

users of the works whose property is located outside the corporate boundaries of the municipality.

A petition must be filed not more than fourteen (14) days after the date on which the ordinance is adopted. A petition may not be filed under this subsection if a petition has already been filed under section 8.2 of this chapter or under IC 36-9-23-26.1 appealing the same rates and charges.

(f) The filing of a petition with the commission under subsection (d), (e), or (m) stays the ordinance adopted under section 8.1 of this chapter or under IC 36-9-23-26. The rates and charges in effect before the adoption of the ordinance remain in effect until:

(1) the commission approves or disapproves the petition; and

(2) if applicable, the commission adjusts the rates and charges imposed by the ordinance on users of the works whose property is located outside the corporate boundaries of the municipality.

(g) The commission shall prescribe the form and manner in which a petition must be filed under subsection (d), (e), or (m). A petition filed under subsection (d)(2), (e)(2), or (m)(2) must be signed by:

(1) each individual user seeking review by the commission; or

(2) one (1) or more attorneys licensed to practice law in Indiana who represent the individual users seeking review by the commission.

The burden of proof to demonstrate that the proposed rates and charges are nondiscriminatory, reasonable, and just is on the municipality, regardless of who petitions the commission. The commission shall approve or disapprove a petition within one hundred twenty (120) days after the petition is filed in the form and manner prescribed by the commission. However, the commission may extend the one hundred twenty (120) day deadline for up to sixty (60) days for good cause if all parties to the proceeding agree. A petition is automatically disapproved if the petitioner has filed a petition under section 8.2 of this chapter or under IC 36-9-23-26.1 with respect to the same rate ordinance.

(h) For purposes of determining whether the percentage difference between rates and charges imposed on users of the works for service to property located outside the corporate boundaries of the municipality and the rates and charges imposed on users of the works for service to property located within the corporate boundaries of the municipality is nondiscriminatory, reasonable, and just under section 8 of this chapter, the commission:

(1) may consider the benefit and expense to all users of the works of extending the works outside the corporate boundaries of the municipality; and

(2) may not consider any connection fees or capital surcharges imposed on users of the works for service to property that is located outside the corporate boundaries of the municipality that are specifically designated to pay for the costs associated with main extensions to the users of the works.

(i) If the commission determines that the percentage difference between the rates and charges imposed on users of the works for service to property located outside the corporate boundaries of the municipality and the rates and charges imposed on users of the works for service to property located within the corporate boundaries of the municipality is not nondiscriminatory, reasonable, and just under section 8 of this chapter, the commission may:

(1) establish nondiscriminatory, reasonable, and just rates and charges for users of the works for service to property located outside the corporate boundaries of the municipality; and

(2) order the municipal legislative body to adopt an ordinance imposing the nondiscriminatory, reasonable, and just rates and charges.

However, with respect to rates and charges imposed in an ordinance that was the subject of an objecting petition filed under section 8.2 of this chapter or under IC 36-9-23-26.1 and sustained on final judgment or appeal, as applicable, by a court, the commission may not establish rates and charges such that the percentage difference between rates and charges established by the commission is less than the percentage difference between rates and charges imposed in the ordinance.

(j) This section does not:

(1) authorize the commission to review or revise rates and charges imposed on users of the works for service to property located within the corporate boundaries of the municipality; or

(2) otherwise return or subject a utility to the jurisdiction of the commission for the approval of rates and charges.

(k) The commission may adopt rules under IC 4-22-2 to implement this section.

(l) The commission may not impose a fee with respect to proceedings under this section.

(m) This subsection applies if a municipal legislative body, other than a municipal legislative body described in subsection (c), adopts an ordinance under section 8.1 of this chapter or under IC 36-9-23-26 that is in effect on March 31, 2012, and that imposes rates and charges on users of the works for service to property located outside the corporate boundaries of the municipality that exceed by more than fifty percent (50%) the rates and charges imposed on users of the works for service to property located anywhere within the corporate boundaries of the municipality. Not later than December 31, 2013, either or both of the following may petition the commission to review and adjust, if necessary, the rates and charges imposed on users of the works for service to property located outside the corporate boundaries of the municipality:

(1) The municipality.

(2) Subject to subsection (n), the lesser of:

(A) ten percent (10%) of all; or

(B) twenty-five (25);

users of the works whose property is located outside the corporate boundaries of the municipality.

(n) At least twenty (20) days before a group of users described in subsection (m)(2) may petition the commission under subsection (m), the group of users must file the petition with the municipal legislative body. The municipal legislative body and the group of users shall attempt to resolve the issues set forth in the petition concerning the rates and charges imposed on the group of users. If the group of users and the municipal legislative body are unable to resolve the issues within ten (10) days, the group of users may petition the commission under subsection (m).

As added by P.L.139-2012, SEC.3. Amended by P.L.163-2013, SEC.1; P.L.270-2013, SEC.8.
Ind. Code § 8-1-27-8 — Indiana Code / Title 8 / Article 1 / Chapter 27 / Section 8-1-27-8
Order approving plan; conditions
Status: in_force

Sec. 8. 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 the applicable requirements of the Clean Air Act Amendments of 1990;

(B) constitutes a reasonable and least cost strategy over the life of the investment consistent with providing reliable, efficient, and economical electrical service;

(C) is in the public interest; and

(D) either:

(i) provides for continued or increased use of Indiana coal in the coal-consuming electric generating units owned or operated by the public utility and affected by the Clean Air Act Amendments of 1990; or

(ii) if the plan does not provide for continued or increased use of Indiana coal, such nonprovision is justified by economic considerations including the effects in the regions of Indiana in which the mining of coal provides employment and in the service territory of the public utility; and

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

As added by P.L.76-1991, SEC.1.
Ind. Code § 8-16-1-19 — Indiana Code / Title 8 / Article 16 / Chapter 1 / Section 8-16-1-19
Collection of tolls; reimbursement of funds
Status: in_force

Sec. 19. (a) Whenever any bridge is constructed or acquired under this chapter, and the cost thereof paid in whole or in part from the Indiana interstate bridge fund, it shall be the duty of the authority (except in the case of a bridge constructed or acquired under authority of section 21 of this chapter) to fix, maintain, and collect tolls for the use of such bridge from the time of the completion thereof in accordance with section 16 of this chapter.

(b) All revenues from a bridge in excess of those required by section 16 of this chapter shall be applied to reimbursement of the Indiana interstate bridge fund in the order and manner provided so that such funds may be fully reimbursed as rapidly as the revenues of such bridge permit.

Formerly: Acts 1939, c.79, s.13b; Acts 1947, c.340, s.2; Acts 1955, c.323, s.5. As amended by Acts 1980, P.L.74, SEC.275; P.L.109-1983, SEC.46; P.L.386-1987(ss), SEC.16.
Ind. Code § 8-16-5-2 — Indiana Code / Title 8 / Article 16 / Chapter 5 / Section 8-16-5-2
Repealed
Status: repealed

Formerly: Acts 1920(2ss), c.25, s.2. As amended by Acts 1981, P.L.11, SEC.57; P.L.86-1988, SEC.35. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-14-8-8 — Indiana Code / Title 8 / Article 14 / Chapter 8 / Section 8-14-8-8
Receipts from loan repayment; deposit in fund
Status: in_force

Sec. 8. All amounts received by the Indiana department of transportation from a county as repayment of a loan made under this chapter, or as payment of interest on a loan made under this chapter, shall be deposited in the distressed road fund.

As added by Acts 1981, P.L.88, SEC.12. Amended by P.L.18-1990, SEC.118.
Ind. Code § 8-23-9-49 — Indiana Code / Title 8 / Article 23 / Chapter 9 / Section 8-23-9-49
Approaches and drainage structures; construction; private facilities
Status: in_force

Sec. 49. The construction of public road approaches, drainage structures for the reconstruction of definitely existing private entrances, and the drainage necessary for the protection of a state highway shall be included as a part of the improvement of the highway. Upon the completion of the highway, the owners or occupants of adjoining lands shall construct and keep in repair all private approaches or driveways from the highways, but no approaches or driveways shall be constructed in a manner as to obstruct or interfere with the highways or with a drain or ditch that has been constructed as a part of the highway.

As added by P.L.18-1990, SEC.218.
Ind. Code § 8-18-21-14 — Indiana Code / Title 8 / Article 18 / Chapter 21 / Section 8-18-21-14
Tax exemption; property and revenue of authority
Status: in_force

Sec. 14. All the property and revenues of a toll road authority are exempt from taxation for all purposes.

As added by P.L.386-1987(ss), SEC.21.
Ind. Code § 8-14-1-2.5 — Indiana Code / Title 8 / Article 14 / Chapter 1 / Section 8-14-1-2.5
Repealed
Status: repealed

As added by Acts 1980, P.L.10, SEC.12. Amended by Acts 1981, P.L.88, SEC.9; Acts 1982, P.L.81, SEC.1. Repealed by P.L.59-1985, SEC.38.
Ind. Code § 8-21-9-14 — Indiana Code / Title 8 / Article 21 / Chapter 9 / Section 8-21-9-14
Promotion of airport facilities; cooperation with federal government; title to airport property
Status: in_force

Sec. 14. The department shall prepare sketches, plans and descriptive material relating to any such airport, or airport facility, as in its discretion may seem feasible; to compile data and prepare literature as to the necessity or advisability thereof; and to do other acts and things which it considers necessary to promote any such airport or airport facility and deems to be in the public interest; to carry on in its discretion negotiations and enter into agreements and contracts with the federal government or agencies thereof for or relating to the building and construction of any airport or airport facility to be located within the State of Indiana; to locate and acquire a suitable site for any such airport or airport facility; and to construct, develop, maintain and operate the same in cooperation with the federal government, or any agency thereof, or otherwise, in such manner and on such terms as will, in the discretion of the department, best serve the commercial, industrial and agricultural interests of the state. The title to all property included in any such airport or airport facility shall be taken in the name of the state of Indiana.

Formerly: Acts 1971, P.L.105, SEC.2. As amended by Acts 1980, P.L.74, SEC.345.
Ind. Code § 8-23-4-12 — Indiana Code / Title 8 / Article 23 / Chapter 4 / Section 8-23-4-12
Transfer of roads and streets between systems; memorandum
Status: in_force

Sec. 12. The transfer of roads or streets between systems requires a memorandum of agreement signed by both the transferring agency or unit of government and by the agency or unit of government assuming jurisdiction over the road. The memorandum must state the following:

(1) The purpose of the transfer.

(2) The effective date of the transfer.

(3) Any conditions agreed to by the signers.

As added by P.L.18-1990, SEC.213.
Ind. Code § 8-25-7-6 — Indiana Code / Title 8 / Article 25 / Chapter 7 / Section 8-25-7-6
Terms of foundation board members
Status: in_force

Sec. 6. The members appointed under section 5 of this chapter shall be appointed for a term of three (3) years but may be removed by the board for cause.

As added by P.L.153-2014, SEC.17.
Ind. Code § 8-14-9-12 — Indiana Code / Title 8 / Article 14 / Chapter 9 / Section 8-14-9-12
Bonds; tax exemption; application of laws
Status: in_force

Sec. 12. All bonds and interest on bonds issued under this chapter are exempt from taxation as provided under IC 6-8-5-1. All general laws relating to:

(1) the filing of a petition requesting the issuance of bonds;

(2) the right of:

(A) taxpayers and voters to remonstrate against the issuance of bonds, in the case of a proposed bond issue described by IC 6-1.1-20-3.1(a); or

(B) voters to vote on the issuance of bonds, in the case of a proposed bond issue described by IC 6-1.1-20-3.5(a);

(3) the appropriation of the proceeds of the bonds and the approval of the appropriation by the department of local government finance; and

(4) the sale of bonds at public sale for not less than par value;

are applicable to proceedings under this chapter.

As added by Acts 1981, P.L.88, SEC.13. Amended by P.L.90-2002, SEC.319; P.L.219-2007, SEC.93; P.L.146-2008, SEC.362.
Ind. Code § 8-23-1.1-16 — Indiana Code / Title 8 / Article 23 / Chapter 1.1 / Section 8-23-1.1-16
"Department"
Status: in_force

Sec. 16. "Department" refers to the Indiana department of transportation established by IC 8-23-2-1.

As added by P.L.145-2026, SEC.37.
Ind. Code § 8-5-15-6 — Indiana Code / Title 8 / Article 5 / Chapter 15 / Section 8-5-15-6
Conditions on grant
Status: in_force

Sec. 6. Any commuter transportation system receiving assistance from a district shall, as a condition of the grant:

(1) submit its operating budget for passenger service rendered to the district for public hearings annually at least ninety (90) days before the beginning of the system's fiscal year;

(2) permit the Indiana department of transportation (IC 8-23-2) to audit the financial books and records of the system as the department would audit any intrastate railroad; and

(3) assume the responsibility for operation and maintenance of the equipment in accordance with a lease agreement executed between the system and district.

[Pre-Local Government Recodification Citation: 19-5-2.6-7.]

As added by Acts 1980, P.L.8, SEC.68. Amended by P.L.385-1987(ss), SEC.8; P.L.18-1990, SEC.65.
Ind. Code § 8-1-6-2 — Indiana Code / Title 8 / Article 1 / Chapter 6 / Section 8-1-6-2
Disposition of fees
Status: in_force

Sec. 2. (a) All fees prescribed by this chapter shall be paid into the treasury of the state of Indiana through the secretary of the commission, a quietus shall be issued, and the fees shall be deposited into the state general fund.

(b) Fees collected from municipalities under IC 8-1-2-85 and amounts paid by municipal utilities under IC 8-1-2-70 shall also be deposited in the state general fund, as if they were fees collected from public utilities under this chapter.

Formerly: Acts 1969, c.360, s.2; Acts 1975, P.L.77, SEC.2. As amended by Acts 1977, P.L.101, SEC.2; Acts 1982, P.L.74, SEC.3; P.L.23-1988, SEC.38; P.L.1-2010, SEC.42; P.L.251-2013, SEC.3; P.L.136-2018, SEC.60; P.L.213-2025, SEC.99.
Ind. Code § 8-2.1-17-9.3 — Indiana Code / Title 8 / Article 2.1 / Chapter 17 / Section 8-2.1-17-9.3
"Limousine"
Status: in_force

Sec. 9.3. "Limousine" means a motor vehicle that:

(1) is a passenger vehicle; and

(2) is designed and constructed to accommodate and transport not more than fifteen (15) passengers, including the driver.

As added by P.L.70-1990, SEC.1.
Ind. Code § 8-10-5-5.5 — Indiana Code / Title 8 / Article 10 / Chapter 5 / Section 8-10-5-5.5
Expansion of jurisdiction; ordinances
Status: in_force

Sec. 5.5. Any port authority that is created under this chapter may expand its jurisdiction to include any other unit (as defined in IC 36-1-2-23) that desires to join the expanded authority. The legislative body (as defined in IC 36-1-2-9) of each unit that is in the authority shall by ordinance determine the number of directors on the board of the expanded authority and any other terms of the expansion that it considers appropriate. The legislative body of each unit that desires to join the authority shall by ordinance agree to join the authority and to accept the terms of the ordinance that provides for the expansion.

As added by P.L.85-1988, SEC.1.
Ind. Code § 8-1-1-2 — Indiana Code / Title 8 / Article 1 / Chapter 1 / Section 8-1-1-2
Creation of commission; membership; term of office; chairman
Status: in_force

Sec. 2. (a) There is created the Indiana utility regulatory commission which shall consist of five (5) members, at least one (1) of whom shall be an attorney qualified to practice law before the supreme court of Indiana and not more than three (3) of whom belong to the same political party.

(b) The members of the commission and all vacancies occurring on the commission shall be appointed by the governor from among persons nominated by the nominating committee in accordance with IC 8-1-1.5.

(c) The members may be removed at any time by the governor for cause.

(d) The governor shall appoint one (1) member as chairman.

(e) The members of the commission shall be appointed for a term of four (4) years, except when a member is appointed to fill a vacancy, in which case such appointment shall be for such unexpired term only. All members of said commission shall serve as such until their successors are duly appointed and qualified, and while so serving shall devote full time to the duties of the commission and shall not be actively engaged in any other occupation, profession, or business that constitutes a conflict of interest or otherwise interferes with carrying out their duties as commissioners.

(f) A member of the commission or any person appointed to any position or employed in any capacity to serve the commission, may not have any official or professional relationship or connection with, or hold any stock or securities or have any pecuniary interest in any public utility operating in Indiana.

(g) Each member appointed to the Indiana utility regulatory commission shall take and subscribe to an oath in writing that the member will faithfully perform the duties of the member's office, and support and defend to the best of the member's ability the Constitution and laws of the state of Indiana and of the United States of America, and such oath shall be filed with the secretary of state.

(h) The chairman of the commission shall assign cases to the various members of the commission or to administrative law judges for hearings.

Formerly: Acts 1941, c.101, s.2; Acts 1945, c.46, s.1; Acts 1963, c.326, s.1. As amended by Acts 1981, P.L.104, SEC.1; P.L.43-1983, SEC.3; P.L.113-1987, SEC.1; P.L.78-1988, SEC.1; P.L.136-2018, SEC.42.
Ind. Code § 8-1-8.8-8.5 — Indiana Code / Title 8 / Article 1 / Chapter 8.8 / Section 8-1-8.8-8.5
"Nuclear energy production or generating facility"
Status: in_force

Sec. 8.5. (a) As used in this chapter, "nuclear energy production or generating facility" means:

(1) an energy production or generation facility that:

(A) uses a nuclear reactor as its heat source to provide steam to a turbine generator to produce or generate electricity;

(B) supplies electricity to Indiana retail customers on July 1, 2011;

(C) is dedicated primarily to serving Indiana customers; and

(D) is undergoing a comprehensive life cycle management project to enhance the safe and reliable operation of the facility during the period the facility is licensed to operate by the United States Nuclear Regulatory Commission; or

(2) a small modular nuclear reactor that is constructed after June 30, 2023:

(A) in Indiana for the generation of electricity to be directly or indirectly used to furnish public utility service to Indiana customers; or

(B) at the site of a nuclear energy production or generating facility that supplies electricity to Indiana retail customers on July 1, 2011;

under rules adopted by the commission under IC 8-1-8.5-12.1.

(b) The term includes the transmission lines and other associated equipment employed specifically to serve a nuclear energy production or generating facility.

As added by P.L.150-2011, SEC.7. Amended by P.L.155-2022, SEC.3; P.L.11-2023, SEC.36.
Ind. Code § 8-23-2-4.1 — Indiana Code / Title 8 / Article 23 / Chapter 2 / Section 8-23-2-4.1
Department responsibilities; activities
Status: in_force

Sec. 4.1. The department is responsible for the following activities:

(1) The identification, development, coordination, and implementation of the state's transportation policies.

(2) The approval of applications for federal transportation grants from funds allocated to the state:

(A) from the Highway Trust Fund (23 U.S.C.);

(B) from the Aviation Trust Fund (49 U.S.C.);

(C) through the Federal Transit Administration (49 U.S.C. 5301 et seq.); or

(D) from any other federal grant that has a transportation component.

(3) The review, revision, adoption, and submission of budget proposals.

(4) The construction, reconstruction, improvement, maintenance, and repair of:

(A) state highways;

(B) a toll road project or toll bridge in accordance with a contract or lease entered into with the Indiana finance authority under IC 8-9.5-8-7 or IC 8-9.5-8-8; and

(C) a railroad project, as defined in IC 8-5-15-1, in accordance with an authorization provided to the department by the board of trustees of a commuter transportation district under IC 8-5-15-5(a)(21).

(5) The administration of programs as required by law, including the following:

(A) IC 8-3-1 (railroads).

(B) IC 8-3-1.5 (rail preservation).

(C) IC 8-21-1 (aeronautics).

(D) IC 8-21-9 (airports).

(E) IC 8-21-11 (aviation development program).

As added by P.L.1-1991, SEC.83. Amended by P.L.14-2003, SEC.1; P.L.235-2005, SEC.122; P.L.108-2019, SEC.156.
Ind. Code § 8-22-3.7-16 — Indiana Code / Title 8 / Article 22 / Chapter 3.7 / Section 8-22-3.7-16
Sales or leases of projects to development authority
Status: in_force

Sec. 16. (a) The authority may lease for a nominal lease rental or sell to the development authority one (1) or more airport projects or portions of airport projects or land upon which an airport project is located or is to be constructed.

(b) Any lease of all or a portion of an airport project by the authority to the development authority must be for a term equal to the term of the lease of that airport project back to the authority.

(c) The authority or the eligible entity may sell property to the development authority for the amount that the authority or the eligible entity determines to be in the best interest of the authority or the eligible entity, which amount may be paid from the proceeds of bonds of the development authority.

(d) The authority may sublease an airport project or portion of an airport project to any person or entity for a term not to exceed the term of the lease from the development authority, upon the terms and at the rental that the authority determines to be in the best interest of the authority.

As added by P.L.108-1993, SEC.11.
Ind. Code § 8-14-2-2.1 — Indiana Code / Title 8 / Article 14 / Chapter 2 / Section 8-14-2-2.1
Highway, road and street fund
Status: in_force

Sec. 2.1. The state comptroller shall create a special fund to be known as the "Highway, Road and Street Fund" for the deposit of the revenues from:

(1) the gasoline and special fuel taxes dedicated to the fund under IC 6-6-1.1-802 and IC 6-6-2.5; and

(2) amounts deposited in or distributed to the fund under IC 9.

Formerly: Acts 1971, P.L.98, SEC.3. As amended by Acts 1978, P.L.58, SEC.3; Acts 1980, P.L.51, SEC.62; P.L.2-1991, SEC.60; P.L.277-1993(ss), SEC.55; P.L.216-2014, SEC.9; P.L.257-2017, SEC.18; P.L.9-2024, SEC.290.
Ind. Code § 8-16-3.1-0.7 — Indiana Code / Title 8 / Article 16 / Chapter 3.1 / Section 8-16-3.1-0.7
"Double tracking"
Status: in_force

Sec. 0.7. As used in this chapter, "double tracking" means a railway running two (2) bidirectional tracks. The term includes a railway:

(1) with a double track that can be signaled to run in a single direction; and

(2) with a double track that can be signaled into one (1) track to provide clearance as needed.

As added by P.L.229-2017, SEC.32; P.L.248-2017, SEC.2.
Ind. Code § 8-23-3-3 — Indiana Code / Title 8 / Article 23 / Chapter 3 / Section 8-23-3-3
Departmental approval of grants
Status: in_force

Sec. 3. An agency must submit to the department for the department's approval an application for a grant described in section 1 of this chapter.

As added by P.L.18-1990, SEC.212.
Ind. Code § 8-25-2-6 — Indiana Code / Title 8 / Article 25 / Chapter 2 / Section 8-25-2-6
Local public question held at the next general election
Status: in_force

Sec. 6. Except as provided in section 9 of this chapter, if a county auditor certifies an ordinance under section 3 of this chapter, the county election board shall place the local public question on the ballot at the next general election for which the question may be certified under IC 3-10-9-3 and for which all voters of the county are entitled to vote.

As added by P.L.153-2014, SEC.17. Amended by P.L.197-2016, SEC.89.
Ind. Code § 8-1-44-6 — Indiana Code / Title 8 / Article 1 / Chapter 44 / Section 8-1-44-6
"Eligible project site"
Status: in_force

Sec. 6. As used in this chapter, "eligible project site" means:

(1) a location in Indiana; or

(2) the site of a nuclear energy production or generating facility that supplies electricity to Indiana retail customers on July 1, 2011.

As added by P.L.137-2025, SEC.1.
Ind. Code § 8-1-43-9 — Indiana Code / Title 8 / Article 1 / Chapter 43 / Section 8-1-43-9
Commission to adopt implementing rules
Status: in_force

Sec. 9. The commission shall adopt rules under IC 4-22-2 to implement this chapter.

As added by P.L.94-2022, SEC.4. Amended by P.L.93-2024, SEC.77.
Ind. Code § 8-6-2.1-3 — Indiana Code / Title 8 / Article 6 / Chapter 2.1 / Section 8-6-2.1-3
Department of transportation powers
Status: in_force

Sec. 3. (a) The Indiana department of transportation shall participate in the proceedings and in the cost of any improvements made pursuant to the proceedings provided for by this chapter if any improvements involve a highway which is part of the state highway system or a street or highway selected by the Indiana department of transportation as a route of a highway in the state highway system.

(b) If the Indiana department of transportation participates in any proceedings as set out in this chapter and in the cost of improvements made pursuant to the proceedings, the county in which the city is located shall also participate in the proceedings and in the cost of any improvements that are made pursuant to the proceedings.

[Pre-Local Government Recodification Citation: 19-5-14-3.]

As added by Acts 1980, P.L.8, SEC.70. Amended by P.L.156-2020, SEC.35.
Ind. Code § 8-1-8.2-7 — Indiana Code / Title 8 / Article 1 / Chapter 8.2 / Section 8-1-8.2-7
"Retail electric service"
Status: in_force

Sec. 7. As used in this chapter, "retail electric service":

(1) means electric service furnished to a customer, including a residential, commercial, or industrial customer, for consumption by the customer; and

(2) does not include wholesale electric service.

As added by P.L.202-2025, SEC.1.
Ind. Code § 8-2.1-26-1 — Indiana Code / Title 8 / Article 2.1 / Chapter 26 / Section 8-2.1-26-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to an indemnity provision entered into or renewed after June 30, 2006.

As added by P.L.31-2006, SEC.1.
Ind. Code § 8-1-44-10 — Indiana Code / Title 8 / Article 1 / Chapter 44 / Section 8-1-44-10
"Project development costs"
Status: in_force

Sec. 10. As used in this chapter, "project development costs" means costs that have been incurred, or are reasonably estimated to be incurred, in the development of one (1) or more SMRs under the program, including:

(1) evaluation, design, and engineering costs;

(2) costs for federal approvals and licensing;

(3) costs for environmental analyses and permitting;

(4) early site permit (as defined in 10 CFR 52.1) costs;

(5) equipment procurement costs; and

(6) authorized carrying costs.

As added by P.L.137-2025, SEC.1.
Ind. Code § 8-23-1.1-42 — Indiana Code / Title 8 / Article 23 / Chapter 1.1 / Section 8-23-1.1-42
"Traveled way"
Status: in_force

Sec. 42. "Traveled way" means the part of the roadway for the movement of vehicles. The term does not include shoulders or auxiliary lanes.

As added by P.L.145-2026, SEC.37.
Ind. Code § 8-1-3-12 — Indiana Code / Title 8 / Article 1 / Chapter 3 / Section 8-1-3-12
Repealed
Status: repealed

Formerly: Acts 1957, c.189, s.13. Repealed by P.L.59-1984, SEC.51.
Ind. Code § 8-22-4-7 — Indiana Code / Title 8 / Article 22 / Chapter 4 / Section 8-22-4-7
Approval by other states
Status: in_force

Sec. 7. Before commencement of proceedings for the acquisition and establishment of airports, landing fields, or other air navigation facilities, approval of the acquisition or establishment of the airports, landing fields or other air navigation facilities must be secured and granted by the respective aeronautics commissions of the party states.

[Pre-Local Government Recodification Citation: 19-6-5-7.]

As added by Acts 1980, P.L.8, SEC.73.
Ind. Code § 8-14-9-4 — Indiana Code / Title 8 / Article 14 / Chapter 9 / Section 8-14-9-4
Members; tenure; compensation
Status: in_force

Sec. 4. (a) The local county road and bridge board consists of three (3) members appointed by the president of the county council of the county.

(b) All terms of office begin on January 1 and end on December 31. Members of the board serve two (2) year terms. If a vacancy occurs, a qualified person shall be appointed by the president of the county council of the county to serve for the remainder of the term.

(c) A member of the board may be removed for cause by the president of the county council of the county.

(d) Members of the board may not receive a salary. However, board members shall receive reimbursement for necessary expenses, but only if the expenses are incurred in the performance of their duties.

As added by Acts 1981, P.L.88, SEC.13.
Ind. Code § 8-15.5-13-8 — Indiana Code / Title 8 / Article 15.5 / Chapter 13 / Section 8-15.5-13-8
Level 6 felony for violation
Status: in_force

Sec. 8. A person who knowingly or intentionally violates this chapter commits a Level 6 felony.

As added by P.L.47-2006, SEC.39. Amended by P.L.158-2013, SEC.134.
Ind. Code § 8-14.5-3-2 — Indiana Code / Title 8 / Article 14.5 / Chapter 3 / Section 8-14.5-3-2
Project financing
Status: in_force

Sec. 2. The authority may finance projects in accordance with this article.

As added by P.L.68-1988, SEC.12.
Ind. Code § 8-15-2-7 — Indiana Code / Title 8 / Article 15 / Chapter 2 / Section 8-15-2-7
Powers to purchase
Status: in_force

Sec. 7. The authority may:

(1) acquire by purchase, whenever it shall deem such purchase expedient, any land, property, rights, rights-of-way, franchises, easements, and other interests in lands as it may deem necessary or convenient for the construction and operation of any toll road project upon such terms and at such price as may be considered by it to be reasonable and can be agreed upon between the authority and the owner thereof, and to take title thereto in the name of the state;

(2) sell, transfer, and convey any such land or any interest therein so acquired, or any portion thereof, when the same shall no longer be needed for such purposes; and

(3) transfer and convey any such lands or interests therein as may be necessary or convenient for the construction and operation of any toll road project, or as otherwise required under this chapter.

Formerly: Acts 1951, c.281, s.7; Acts 1957, c.273, s.2. As amended by Acts 1980, P.L.74, SEC.231; P.L.109-1983, SEC.10.
Ind. Code § 8-1-29-1.5 — Indiana Code / Title 8 / Article 1 / Chapter 29 / Section 8-1-29-1.5
"Preferred carrier change order" defined
Status: in_force

Sec. 1.5. As used in this chapter, "preferred carrier change order" means a request to change a customer's telecommunications provider.

As added by P.L.135-1999, SEC.2.
Ind. Code § 8-15.5-4-5 — Indiana Code / Title 8 / Article 15.5 / Chapter 4 / Section 8-15.5-4-5
Fair and equal treatment of offerors
Status: in_force

Sec. 5. Eligible offerors must be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals.

As added by P.L.47-2006, SEC.39.
Ind. Code § 8-2.1-19.3-5 — Indiana Code / Title 8 / Article 2.1 / Chapter 19.3 / Section 8-2.1-19.3-5
Exclusions of coverage permitted
Status: in_force

Sec. 5. (a) An insurance company that writes motor vehicle insurance in Indiana may exclude coverage under a motor vehicle insurance policy issued to an owner or operator of a personal vehicle for a loss or injury that occurs during the delivery available period or delivery service period.

(b) An exclusion described in subsection (a) includes any coverage included in a motor vehicle insurance policy, including the following:

(1) Liability coverage for death, bodily injury, and property damage.

(2) Uninsured and underinsured motorist coverage.

(3) Medical payments coverage.

(4) Comprehensive physical damage coverage.

(5) Collision physical damage coverage.

(c) An exclusion described in this section applies notwithstanding any requirement of IC 9-25.

(d) This chapter does not do either of the following:

(1) Require a personal motor vehicle insurance policy to provide coverage:

(A) during the delivery available period or delivery service period; or

(B) while the driver is otherwise using a personal vehicle to provide delivery services.

(2) Preclude an insurance company from providing the coverage described in subdivision (1) under a contract or an endorsement.

As added by P.L.215-2023, SEC.10.
Ind. Code § 8-16-3.5-10 — Indiana Code / Title 8 / Article 16 / Chapter 3.5 / Section 8-16-3.5-10
Repealed
Status: repealed

Formerly: Acts 1975, P.L.92, SEC.2. Repealed by P.L.86-1988, SEC.227.
Ind. Code § 8-1-15-1 — Indiana Code / Title 8 / Article 1 / Chapter 15 / Section 8-1-15-1
Petition for vacation
Status: in_force

Sec. 1. Any corporation organized under the laws of Indiana and authorized by its articles of incorporation to furnish water to any town or city or the inhabitants of the town or city, through or adjoining whose land any highway has been located and established, and that desires to vacate or to relocate such highway or part of the highway may file with the circuit or a superior court in the county in which such lands or the major part of the lands are located, its petition setting forth the following:

(a) The name of the petitioner.

(b) A distinct description of the highway or part of the highway that petitioner seeks to be vacated or relocated and, in case of relocation, a distinct description of the proposed new route, which may be over existing highways or right-of-way.

(c) A statement that petitioner has determined that such vacation or relocation is reasonably necessary or desirable in connection with petitioner's construction or maintenance of an impounding water reservoir.

(d) A statement that said vacation or relocation of said highway or part of the highway will not increase by more than four (4) miles the distance necessary for anyone to travel over highways which are or will be substantially similar to that proposed to be vacated or relocated.

(e) In case of vacation, the names and addresses of owners of the abutting land affected by the vacation proceedings.

Formerly: Acts 1959, c.196, s.1. As amended by P.L.136-2018, SEC.72.
Ind. Code § 8-20-1-22.1 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-22.1
Repealed
Status: repealed

As added by P.L.86-1988, SEC.176. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-23-7-19 — Indiana Code / Title 8 / Article 23 / Chapter 7 / Section 8-23-7-19
Exchange of lands, rights, and easements; improvements
Status: in_force

Sec. 19. (a) If an exchange under section 17 of this chapter includes improvements to be constructed on either parcel of real property, the department shall enter into an agreement with the owner of the parcel of property that the department will receive. An agreement under this section must include the following:

(1) The appraisal required under section 18 of this chapter must include the value of improvements constructed or to be constructed on the property.

(2) The construction contract for improvements under this section must be guaranteed by a construction or performance bond issued by a surety company approved by the department. The department:

(A) shall require a performance bond from a contractor for a project if the estimated cost of the project is more than two hundred thousand dollars ($200,000); and

(B) may require a performance bond from a contractor for a project if the estimated cost of the project is not more than two hundred thousand dollars ($200,000).

(3) The plans and specifications for improvements under this section must be certified by a licensed architect or engineer.

(b) The department must approve in writing the construction contract, bond, plans, and specifications for the improvements before entering into an exchange agreement under this section.

As added by P.L.18-1990, SEC.216. Amended by P.L.133-2007, SEC.10.
Ind. Code § 8-1-2-59 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-59
Complaints against utilities; investigations; hearing
Status: in_force

Sec. 59. If, after making such investigation, the commission becomes satisfied that sufficient grounds exist to warrant a formal hearing being ordered as to the matter so investigated, it shall furnish such public utility interested a statement notifying the public utility of the matters under investigation. Ten (10) days after such notice has been given, the commission may proceed to set a time and place for a hearing and an investigation, as hereinbefore provided.

Formerly: Acts 1913, c.76, s.62.
Ind. Code § 8-16-2-25 — Indiana Code / Title 8 / Article 16 / Chapter 2 / Section 8-16-2-25
Assumption of debts
Status: in_force

Sec. 25. Nothing contained in this chapter shall be so construed as to authorize the state or the department to assume any debt or obligation of any county which may aid or assist in the construction of any bridge contemplated under this chapter.

Formerly: Acts 1927, c.10, s.25. As amended by Acts 1980, P.L.74, SEC.293.
Ind. Code § 8-4-1-17 — Indiana Code / Title 8 / Article 4 / Chapter 1 / Section 8-4-1-17
Eminent domain; conflicting claimants to compensation; judicial determination
Status: in_force

Sec. 17. If there are adverse or conflicting claimants to the money, or any part of it, to be paid as compensation for the real estate taken, the court may direct the money to be paid into the said court by the company, or take security for the same until it can determine who is entitled to the same, and shall direct to whom the same shall be paid, and may, in its discretion, order a reference, to ascertain the facts on which such determination and order are to be made.

Formerly: Acts 1852, 1RS, c.83, s.16.
Ind. Code § 8-2.1-22-1 — Indiana Code / Title 8 / Article 2.1 / Chapter 22 / Section 8-2.1-22-1
Application
Status: in_force

Sec. 1. Except as provided in section 2.1 of this chapter, this chapter applies to the regulation of the following persons:

(1) A common carrier that professes to the general public to engage in the transportation by motor vehicle of passengers or household goods for compensation.

(2) A contract carrier that engages in transportation by motor vehicle of passengers or household goods, for compensation (other than transportation provided by a common carrier described in subdivision (1)) under continuing contracts with one (1) person or a limited number of persons for:

(A) the furnishing of transportation services through the dedication of motor vehicles for a continuing period of time to the exclusive use of each person served; or

(B) the furnishing of transportation services designed to meet the distinct need of each individual customer.

(3) A broker of transportation services provided by a motor carrier described in subdivision (1) or (2).

(4) A common carrier that professes to the general public to engage in the transportation of household goods.

(5) A contract carrier that engages in transportation of household goods for compensation under continuing contracts with at least one (1) person for:

(A) the furnishing of transportation services through the dedication of motor vehicles for a continuing period for the exclusive use of each person served; or

(B) the furnishing of transportation services designed to meet the needs of each customer.

As added by P.L.99-1989, SEC.13. Amended by P.L.1-1991, SEC.76; P.L.110-1995, SEC.10; P.L.42-2007, SEC.8.
Ind. Code § 8-14-11-8 — Indiana Code / Title 8 / Article 14 / Chapter 11 / Section 8-14-11-8
Establishment of fund; administration
Status: in_force

Sec. 8. (a) The local bridge grant fund is established to:

(1) provide grants to counties for the construction and reconstruction of local bridges; and

(2) pay the costs of administering this chapter.

The fund shall be administered by the department.

(b) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested. Interest that accrues from these investments shall be deposited in the fund.

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

As added by P.L.117-1989, SEC.1.
Ind. Code § 8-15.7-2-7 — Indiana Code / Title 8 / Article 15.7 / Chapter 2 / Section 8-15.7-2-7
"Law enforcement officer"
Status: in_force

Sec. 7. "Law enforcement officer" has the meaning set forth in IC 35-31.5-2-185.

As added by P.L.47-2006, SEC.40. Amended by P.L.114-2012, SEC.18.
Ind. Code § 8-23-28-5 — Indiana Code / Title 8 / Article 23 / Chapter 28 / Section 8-23-28-5
Assistance from the Indiana department of transportation
Status: in_force

Sec. 5. The department may annually provide the local officials having jurisdiction over the territory within the River Ridge Commerce Corridor with traffic studies and any other information relevant to:

(1) developing and promoting the economic development of the corridor; and

(2) maintaining an efficient system of local highways leading to the corridor.

As added by P.L.88-2011, SEC.1.
Ind. Code § 8-1-37-1 — Indiana Code / Title 8 / Article 1 / Chapter 37 / Section 8-1-37-1
"Base year"
Status: in_force

Sec. 1. As used in this chapter, "base year" means the calendar year ending December 31, 2010.

As added by P.L.150-2011, SEC.16.
Ind. Code § 8-22-2-17 — Indiana Code / Title 8 / Article 22 / Chapter 2 / Section 8-22-2-17
Federal, public, or private grants
Status: in_force

Sec. 17. (a) An eligible entity acting by and through its board under IC 8-21-8 may accept, receive, and receipt for federal monies and other monies, either public or private, for the acquisition, construction, enlargement, improvement, maintenance, equipment, or operation of airports and other air navigation facilities, and sites for them, and comply with federal law and rules and regulations made under them for the expenditure of federal monies on airports and other air navigation facilities.

(b) Subject to IC 8-21-8, the board has exclusive power on behalf of the entity 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 and to enter into agreements with state or federal agencies relative to the development of a municipal airport.

[Pre-Local Government Recodification Citation: 19-6-1-19.]

As added by Acts 1980, P.L.8, SEC.73.
Ind. Code § 8-2.1-19.1-10 — Indiana Code / Title 8 / Article 2.1 / Chapter 19.1 / Section 8-2.1-19.1-10
Exclusions of coverage permitted
Status: in_force

Sec. 10. (a) An insurance company that writes motor vehicle insurance in Indiana may exclude coverage under a motor vehicle insurance policy issued to an owner or operator of a personal vehicle for a loss or injury that occurs while the driver is:

(1) logged on to a TNC's digital network; or

(2) engaged in a prearranged ride.

(b) An exclusion described in subsection (a) includes any coverage included in a motor vehicle insurance policy, including the following:

(1) Liability coverage for death, bodily injury, and property damage.

(2) Uninsured and underinsured motorist coverage.

(3) Medical payments coverage.

(4) Comprehensive physical damage coverage.

(5) Collision physical damage coverage.

(c) An exclusion described in this section applies notwithstanding any requirement of IC 9-25.

(d) This chapter does not do either of the following:

(1) Require a personal motor vehicle insurance policy to provide coverage while the driver is:

(A) logged on to a TNC's digital network;

(B) engaged in a prearranged ride; or

(C) otherwise using a personal vehicle to transport passengers for compensation.

(2) Preclude an insurance company from providing the coverage described in subdivision (1) under a contract or an endorsement.

As added by P.L.175-2015, SEC.10.
Ind. Code § 8-1-8.5-14 — Indiana Code / Title 8 / Article 1 / Chapter 8.5 / Section 8-1-8.5-14
Commission study of advanced transmission technologies
Status: in_force

Sec. 14. (a) As used in this section, "advanced transmission technologies" means software or hardware technologies that increase the capacity, efficiency, reliability, or safety of an existing or new electric transmission facility, including:

(1) grid enhancing technologies, such as dynamic line rating, advanced power flow controllers, and topology optimization;

(2) advanced conductors; and

(3) other technologies designed to:

(A) reduce transmission congestion; or

(B) increase the capacity, efficiency, reliability, or safety of an existing or new electric transmission facility.

(b) As used in this section, "public utility" has the meaning set forth in section 1 of this chapter.

(c) The commission shall conduct a study to evaluate the potential use or deployment of advanced transmission technologies by public utilities to enable public utilities to:

(1) safely, reliably, efficiently, and cost effectively meet electric system demand; and

(2) provide safe, reliable, and affordable electric utility service to customers.

(d) In conducting the study, the commission shall evaluate the following:

(1) The attributes, functions, costs, and benefits of various advanced transmission technologies, including grid enhancing technologies and advanced conductors. In evaluating the attributes of various advanced transmission technologies under this subdivision, the commission shall consider whether a particular technology does the following:

(A) Increases transmission capacity.

(B) Increases transmission efficiency.

(C) Reduces transmission congestion.

(D) Reduces the curtailment of generation resources.

(E) Increases system reliability.

(F) Increases system resiliency.

(G) Increases the capacity to connect new energy generation resources.

(2) The potential of each of the advanced transmission technologies studied to be used or deployed by public utilities to provide safe, reliable, and affordable electric utility service to customers in Indiana, considering existing and planned transmission infrastructure and projected demand growth.

(3) Potential reductions in project costs and project completion timelines by deploying advanced transmission technologies, as compared to traditional transmission infrastructure.

(4) Potential ways to streamline the deployment of advanced transmission technologies, including streamlined processes for permitting, maintenance, and upgrades.

(5) Any other aspect of advanced transmission technologies that the commission determines will assist policymakers, public utilities, ratepayers, and other stakeholders in understanding the potential role of advanced transmission technologies in the transmission system serving Indiana and the region.

(e) In conducting the study required by this section, the commission may consult with or invite comments from:

(1) regional transmission organizations;

(2) the Federal Energy Regulatory Commission or other federal regulators;

(3) public utilities;

(4) the office of the utility consumer counselor;

(5) associations or organizations representing utility ratepayers;

(6) regulatory commissions in other states;

(7) engineers or other experts; or

(8) other stakeholders.

The commission may incorporate any information or comments received under this subsection in its report under subsection (f).

(f) The commission shall include in the annual report that the commission is required to submit under IC 8-1-1-14 before October 1, 2026, a report that includes the commission's findings with respect to the topics outlined in subsection (d).

As added by P.L.10-2025, SEC.2.
Ind. Code § 8-17-1-7 — Indiana Code / Title 8 / Article 17 / Chapter 1 / Section 8-17-1-7
Repealed
Status: repealed

Formerly: Acts 1919, c.112, s.8. As amended by Acts 1980, P.L.74, SEC.298; P.L.86-1988, SEC.73. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-1-32-8 — Indiana Code / Title 8 / Article 1 / Chapter 32 / Section 8-1-32-8
Rate adjustment in amended rate schedule
Status: in_force

Sec. 8. A rate adjustment authorized under section 7 of this chapter must be reflected in an amended rate schedule filed with the commission not later than thirty (30) days after the commission enters the order, effective upon completion of the project.

As added by P.L.94-2000, SEC.2.
Ind. Code § 8-23-4-3 — Indiana Code / Title 8 / Article 23 / Chapter 4 / Section 8-23-4-3
County arterial highway systems; selection criteria; addition, relocation, and deletion
Status: in_force

Sec. 3. (a) The county arterial highway system shall be selected by the county executive in each county. The system shall be selected on the basis of the greatest general importance to the county, after an evaluation of each road in the county, including municipal connecting links and the state highway system. In selecting the county system, the executive shall consider the following:

(1) The kind and amount of traffic on a highway.

(2) The length and condition of a highway.

(3) The mileage that can be effectively improved to specified standards with available funds.

(4) Any other applicable data.

The arterial highways selected by the executive under this section constitute the county arterial highway system of that county.

(b) The county executive may from time to time add, relocate, or delete highways from the county arterial highway system by following the procedure provided in subsection (a).

(c) If a highway or a segment of a highway is deleted from the county arterial highway system under subsection (b), the highway or segment may:

(1) become a part of the county local highway system;

(2) if located in a municipality, become a part of the system of major streets or local streets of the municipality, subject to agreement between the county executive and the highway authority of the municipality; or

(3) be abandoned.

(d) All roads under the jurisdiction of the county highway authorities of each county not included in a county arterial highway system constitute the county local highway system of that county.

As added by P.L.18-1990, SEC.213.