Ind. Code § 8-1-17-26 — Indiana Code / Title 8 / Article 1 / Chapter 17 / Section 8-1-17-26
Foreign nonprofit corporations; application for certificate of territorial authority; review by commission; admission to do business in Indiana
Status: in_force

Sec. 26. (a) Any foreign corporation organized as a nonprofit corporation for the purpose of making communications service available to the inhabitants of rural areas may be admitted to do business in Indiana and shall have the same powers, restrictions, and liabilities as a cooperative corporation organized under this chapter. Whenever a foreign corporation desires to be admitted to operate in Indiana, it shall file with the commission an application for a certificate of territorial authority under IC 8-1-32.5. The appropriate officers of the corporation shall attach to the application a copy of the articles of incorporation of the foreign corporation, and all amendments to the articles, duly authenticated by the proper officer of the state in which the corporation is incorporated. Upon receipt of the application and the articles of incorporation, the commission shall conduct the review required under IC 8-1-32.5-8. If the foreign corporation is applying for a certificate of territorial authority to provide local exchange service, the commission shall give written notice of the filing of the application to each facilities based local exchange carrier operating in contiguous territory in the manner provided in section 5 of this chapter.

(b) If the commission, after conducting the review required by IC 8-1-32.5-8 and any hearing allowed under IC 8-1-32.5-9, determines that the foreign corporation meets the requirements for the issuance of a certificate of territorial authority under IC 8-1-32.5, the commission shall enter an order granting a certificate of territorial authority under IC 8-1-32.5 for the proposed operations of the foreign corporation in Indiana and shall attach a copy of the order, duly certified by the secretary of the commission, to each original application filed with the commission and deliver the applications and orders to the petitioner.

(c) If the commission, after conducting the review required by IC 8-1-32.5-8 and any hearing allowed under IC 8-1-32.5-9, determines that the foreign corporation does not meet the requirements for the issuance of a certificate of territorial authority under IC 8-1-32.5, the commission shall:

(1) request the foreign corporation to provide additional information; or

(2) notify the foreign corporation of the foreign corporation's right to:

(A) appeal the commission's determination under IC 8-1-3; or

(B) file another application at a later date, without prejudice;

under IC 8-1-32.5-8.

(d) If the commission issues a certificate of territorial authority under subsection (b), the foreign corporation shall present to the secretary of state all sets of authenticated copies of its articles of incorporation, the original applications under IC 8-1-32.5, and the order of the commission under subsection (b), together with any application for admission to do business in Indiana that the secretary of state may require, and shall tender to the secretary of state six dollars and fifty cents ($6.50) to cover the secretary of state's fees under this subsection. If the secretary of state approves the documents submitted, the secretary of state shall endorse the secretary of state's approval upon each of the documents, file one (1) copy in the secretary of state's office, return the remaining copies to the foreign corporation, and issue to the foreign corporation a certificate of admission to do business in Indiana. Before the foreign corporation may do any business in Indiana, it shall file in the office of the recorder of each county in Indiana in which it will make communications service available one (1) set of the documents bearing the approval of the secretary of state under this subsection.

Formerly: Acts 1951, c.193, s.27. As amended by P.L.59-1984, SEC.85; P.L.27-2006, SEC.52; P.L.81-2020, SEC.15.
Ind. Code § 8-1-2.3-2 — Indiana Code / Title 8 / Article 1 / Chapter 2.3 / Section 8-1-2.3-2
Definitions
Status: in_force

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

(b) "Electricity supplier" means a public utility, a local district rural electric membership corporation, or a municipally owned electric utility which furnishes retail electric service to the public.

(c) "Retail electric service" means electric service furnished to a customer for ultimate consumption, but does not include wholesale electric service furnished by an electricity supplier to another electricity supplier for resale.

(d) "Existing electric distribution line" means an electric conductor which on January 1, 1979, was being used for the distribution or delivery of retail electric service.

(e) "Assigned service area" means the designated geographic area within the boundaries of which an electricity supplier is authorized to furnish all retail electric service, as provided in this chapter.

(f) "Municipality" means a city or town.

(g) "Existing municipal limits" means the corporate boundaries of any municipality as such boundaries existed on January 1, 1979.

As added by Acts 1980, P.L.69, SEC.1. Amended by P.L.23-1988, SEC.30.
Ind. Code § 8-23-32-21 — Indiana Code / Title 8 / Article 23 / Chapter 32 / Section 8-23-32-21
Rules
Status: in_force

Sec. 21. The department may adopt rules under IC 4-22-2 to:

(1) establish procedures for notices, hearings, and appeals under this chapter consistent with IC 4-21.5; and

(2) implement this chapter.

As added by P.L.120-2023, SEC.2.
Ind. Code § 8-23-3-11 — Indiana Code / Title 8 / Article 23 / Chapter 3 / Section 8-23-3-11
Deposit of revenue in grant anticipation fund
Status: in_force

Sec. 11. Notwithstanding any other provision of this chapter, if grant anticipation revenue bonds or notes have been issued under IC 8-14.5-7, the department shall collect or cause to be collected federal highway revenues (as defined in IC 8-14.5-7-2) and shall, as provided by the department in the revenue declaration relating to the issuance of the grant anticipation revenue bonds or notes, deposit or cause to be deposited the specified part of the federal highway revenues in the grant anticipation fund.

As added by P.L.246-2005, SEC.85.
Ind. Code § 8-10-1-20 — Indiana Code / Title 8 / Article 10 / Chapter 1 / Section 8-10-1-20
Operation, policing, and maintenance of projects
Status: in_force

Sec. 20. Each port or project, as defined in section 2 of this chapter, when constructed and placed in operation shall be maintained and kept in good condition and repair by the ports of Indiana. Each such project shall also be policed and operated by such force of police, tolltakers, and other operating employees as the ports of Indiana may in its discretion employ. All public or private property damaged or destroyed in carrying out the powers granted by this chapter shall be restored or repaired and placed in its original condition as nearly as practicable or adequate compensation made therefor out of funds provided under the authority of this chapter.

Formerly: Acts 1961, c.11, s.20. As amended by P.L.66-1984, SEC.9; P.L.224-2003, SEC.219 and P.L.271-2003, SEC.19; P.L.98-2008, SEC.30.
Ind. Code § 8-1-23-3 — Indiana Code / Title 8 / Article 1 / Chapter 23 / Section 8-1-23-3
Construction contracts
Status: in_force

Sec. 3. If any person shall desire to lay a pipe line, conduit or private drain, across or along any county highway of this state, such person shall first enter into a contract with the board of county commissioners in each county wherein it is desired to locate such pipe line, conduit or drain, which contract will obligate the owner thereof to restore the county highway to its original condition after the laying thereof and to reimburse the county for the use of such highway. In addition such person shall file with the board of county commissioners a surety bond, payable to the county, in a sum to be set by and to the approval of the board of county commissioners, conditioned upon the performance of such contract. No such contract shall give any person a permanent right or easement to use any county highway but such contract may give the right to use such highway so long as such pipe line, conduit or drain, does not interfere with the alteration, use, abandonment or public enjoyment of such county highway.

Formerly: Acts 1947, c.151, s.3.
Ind. Code § 8-2-19-1 — Indiana Code / Title 8 / Article 2 / Chapter 19 / Section 8-2-19-1
Suspension pending transportation department determination
Status: in_force

Sec. 1. (a) Whenever there is filed with the Indiana department of transportation a schedule stating a new individual or joint rate or charge, a new individual or joint classification, or a new individual or joint regulation or practice affecting a rate or charge, the department has the authority, either upon complaint or upon its own initiative without complaint, at once, if it so orders, without answer or other formal pleadings by the interested carrier or carriers, upon reasonable notice, to hold a hearing concerning the propriety of the rate, charge, classification, regulation, or practice.

(b) Pending a hearing and the decision, the Indiana department of transportation, upon filing with the schedule and delivering to the carrier or carriers a statement in writing of its reason may suspend the operation of the schedule and defer the use of the rates, charge, classification, regulation, or practice, for a period not longer than one hundred and twenty (120) days beyond the time when the rate, charge, classification, regulation, or practice would otherwise go into effect.

(c) After full hearing, whether completed before or after the rate, charge, classification, regulation, or practice goes into effect, the Indiana department of transportation may make an order as would be proper in a proceeding initiated after it had become effective.

(d) If a hearing cannot be concluded within the period of suspension, the Indiana department of transportation may extend the time of suspension for a period not exceeding thirty (30) days, and if the proceeding has not been concluded and an order made at the expiration of thirty (30) days, the proposed change of rate, charge, classification, regulation, or practice shall go into effect at the end of the period.

(e) At a hearing involving a rate sought to be increased, the burden of proof to show that the increased rate or proposed increased rate is just and reasonable is upon the common carrier. The Indiana department of transportation shall give to the hearing and decision of such questions preference over all other questions pending before it and decide the same as speedily as possible.

Formerly: Acts 1911, c.186, s.1; Acts 1929, c.143, s.1. As amended by P.L.59-1984, SEC.116; P.L.89-1985, SEC.10; P.L.18-1990, SEC.32.
Ind. Code § 8-23-3-9 — Indiana Code / Title 8 / Article 23 / Chapter 3 / Section 8-23-3-9
Repealed
Status: repealed

As added by P.L.88-1991, SEC.1. Repealed by P.L.2-1996, SEC.297.
Ind. Code § 8-6-5-1 — Indiana Code / Title 8 / Article 6 / Chapter 5 / Section 8-6-5-1
Duty to employ; hours for duty
Status: in_force

Sec. 1. All railroads owned or operated in the state having more than two (2) tracks across any public highway or road, and used for switching purposes exclusively or regularly, or if only one (1) track and used for switching purposes, said railroad corporation shall, upon the order of the county commissioners in which said railroad is located, place a flagman at said crossing and maintain the same at their expense from six o'clock a.m. to eight o'clock p.m. of each day and every day, or so long as said commissioners deem it necessary.

Formerly: Acts 1891, c.150, s.1.
Ind. Code § 8-2.1-22-35 — Indiana Code / Title 8 / Article 2.1 / Chapter 22 / Section 8-2.1-22-35
Highway designation to prevent congestion; enforcement and notice of orders
Status: in_force

Sec. 35. In addition to the other powers conferred in this chapter upon the department, it may designate from time to time the public highways, as routes, over which carriers subject to this chapter may or may not operate, and may designate the time that the vehicles may or may not be operated public highways, so as to prevent congestion that may affect the safety of persons or property upon the public highways. The department may also provide for the enforcement of its orders and the notice of the orders, if any, that shall be given to such carriers.

As added by P.L.99-1989, SEC.13.
Ind. Code § 8-1-2.2-26 — Indiana Code / Title 8 / Article 1 / Chapter 2.2 / Section 8-1-2.2-26
Government grants and loans
Status: in_force

Sec. 26. Government Grants and Loans. The governing body of any municipality or the joint agency is hereby authorized to make application and to enter into contracts for and to accept grants-in-aid and loans from the federal and state governments and their agencies for planning, acquiring, constructing, expanding, maintaining and operating any project or facility, or participating in any research or development program, or performing any function which such municipality or joint agency may be authorized by general or local law to provide or perform.

In order to exercise the authority granted by this section, the governing board of any municipality or joint agency may:

(1) enter into and carry out contracts with the state or federal government or any agency or institution thereof under which such government, agency or institution grants financial or other assistance to the municipality or joint agency;

(2) accept such assistance or funds as may be granted or loaned by the state or federal government with or without such a contract;

(3) agree to and comply with any reasonable conditions which are imposed upon such grants or loans; and

(4) make expenditures from any funds so granted.

As added by Acts 1980, P.L.68, SEC.1.
Ind. Code § 8-2.1-22-32 — Indiana Code / Title 8 / Article 2.1 / Chapter 22 / Section 8-2.1-22-32
Application of chapter
Status: in_force

Sec. 32. This chapter applies to persons engaged in the transportation of passengers or household goods over the public highways regardless of whether that transportation is interstate or intrastate, except to the extent this chapter contravenes the Constitution or the laws of the United States.

As added by P.L.99-1989, SEC.13. Amended by P.L.110-1995, SEC.22.
Ind. Code § 8-1-8.2-11 — Indiana Code / Title 8 / Article 1 / Chapter 8.2 / Section 8-1-8.2-11
Authority of local authority or unit to regulate siting, construction, of deployment of electric generation facility not located in energy production zone
Status: in_force

Sec. 11. This chapter may not be construed to increase or modify the authority of a local authority or a unit to regulate the siting, construction, or deployment of an electric generation facility that is not located in an energy production zone.

As added by P.L.202-2025, SEC.1.
Ind. Code § 8-18-8-3 — Indiana Code / Title 8 / Article 18 / Chapter 8 / Section 8-18-8-3
Repealed
Status: repealed

Formerly: Acts 1932(ss), c.16, s.3. Repealed by Acts 1975, P.L.28, SEC.1.
Ind. Code § 8-10-5-23 — Indiana Code / Title 8 / Article 10 / Chapter 5 / Section 8-10-5-23
Per launch watercraft fee; deposit of fees; watercraft fee decal
Status: in_force

Sec. 23. (a) The fiscal body of a city that creates or participates in the creation under this chapter of a port authority that includes a channel that is ordinarily navigable to Lake Michigan may impose a marina launch fee for a watercraft that is launched from a marina, dock, or port located on waters that are under the jurisdiction of the port authority created by the city.

(b) The owner of a watercraft subject to a fee under this section shall pay one (1) of the following:

(1) A launch fee of one dollar ($1) per launch.

(2) An annual marina launch fee of:

(A) seventy-five cents ($0.75) per foot for a watercraft of thirty (30) feet or less in length; or

(B) one dollar and fifty cents ($1.50) per foot for watercraft over thirty (30) feet in length.

(c) A marina, dock, or port:

(1) located on waters that are under the jurisdiction of a port authority created by a city under this chapter; and

(2) from which a watercraft is launched;

shall collect the marina launch fee imposed on the watercraft under this section. Not later than the fifteenth day of each month, each marina, dock, or port shall remit to the city fiscal officer the amount of fees collected under this section during the immediately preceding month.

(d) The marina launch fees imposed under this section by a city described in subsection (a) shall be deposited in the cumulative channel maintenance fund established under section 17 of this chapter.

(e) Upon collecting a fee under this section, a marina, dock, or port shall issue to the person who owns the watercraft:

(1) a paper permit that indicates the day for which the fee was paid, in the case of a one (1) time marina launch fee; or

(2) a decal that indicates the year for which the fee was paid, in the case of an annual marina launch fee.

(f) The decal or permit issued under subsection (e) must be displayed on the watercraft during the period for which the decal or permit is issued. A watercraft that displays a valid annual marina launch decal or permit under this subsection is not subject to an annual watercraft docking fee imposed under section 22 of this chapter.

(g) The general assembly finds that in port authorities that include a channel that is ordinarily navigable to Lake Michigan there exist unique problems related to necessary dredging and cleaning of channels used by boats that operate on the Great Lakes. These unique problems may be alleviated by the authorization of a launch fee under this section.

As added by P.L.34-2004, SEC.3.
Ind. Code § 8-4-16-1 — Indiana Code / Title 8 / Article 4 / Chapter 16 / Section 8-4-16-1
Authority for operation
Status: in_force

Sec. 1. Any railroad or other company organized under the laws of this state, or of this state and any other state or states, and owning or operating, or authorized by its charter to construct or acquire, a railroad, bridge or tunnel, either wholly within or partly within and partly without this state, may consolidate its capital stock, franchises and property with the capital stock, franchises and property of any other railroad, tunnel or bridge company or companies organized under the laws of this state, or of this state and any other state or states, or of any other state or states, or may merge or be merged into any such other company, whenever the two (2) or more railroads of the companies so to be consolidated or merged, their tunnels, bridges or branches or any part thereof, or the lines or routes of their roads if not constructed, shall or may connect either directly or over the intervening line or lines of any one (1) or more railroad companies, and any such consolidated or surviving company may thereafter construct or finish the construction of such line of railroad if not previously constructed, and may operate the same, subject to all the provisions of law applicable to such railroad company.

Formerly: Acts 1937, c.59, s.1; Acts 1955, c.342, s.1.
Ind. Code § 8-21-4-8 — Indiana Code / Title 8 / Article 21 / Chapter 4 / Section 8-21-4-8
Operation of aircraft while under influence of liquor or drugs; health disorder; dropping objects while in flight; offenses
Status: in_force

Sec. 8. It is a Class B misdemeanor for a person to operate an aircraft while he is under the influence of intoxicating liquor or a controlled substance. It is a Class B misdemeanor for a person to operate an aircraft if he has been diagnosed by a physician as having an active case of epilepsy or similar disorders characterized by lapses of consciousness, or if he is under the influence of any drug or medicine for treatment of such a disorder which may bring about lapses of consciousness. It is a Class B misdemeanor for a person in an aircraft to drop anything from an aircraft in flight which may create any hazard to persons or property.

Formerly: Acts 1927, c.43, s.9; Acts 1947, c.42, s.1; Acts 1951, c.39, s.1. As amended by Acts 1978, P.L.2, SEC.862.
Ind. Code § 8-1-40.5-3 — Indiana Code / Title 8 / Article 1 / Chapter 40.5 / Section 8-1-40.5-3
"Electric utility"
Status: in_force

Sec. 3. As used in this chapter, "electric utility" means a public utility (as defined in IC 8-1-2-1(a)) that meets the following criteria:

(1) The public utility owns or operates any electric generation facility for the provision of electric utility service to Indiana customers.

(2) The public utility is under the jurisdiction of the commission for the approval of rates and charges.

(3) The public utility has a total of not more than two hundred thousand (200,000) retail electric customers at the time of the filing of a petition under section 10 of this chapter.

As added by P.L.80-2021, SEC.1.
Ind. Code § 8-14-14-8 — Indiana Code / Title 8 / Article 14 / Chapter 14 / Section 8-14-14-8
Allocation of distributions for certain projects
Status: in_force

Sec. 8. (a) The total amount of distributions from the fund for projects or purposes that benefit a county traversed by the Indiana Toll Road may not be less than thirty-four percent (34%) of:

(1) the money that is transferred to the fund from the toll road fund under IC 8-15.5-11; plus

(2) the amount initially set aside in the administration account of the toll road fund to establish an escrow account to implement 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.

(b) The budget agency shall determine the amount of distributions required by this section. In making the determination, the budget agency shall include the following amounts:

(1) Amounts distributed to counties traversed by the Indiana Toll Road under section 6(a)(1) of this chapter.

(2) Money distributed to the northwest Indiana regional development authority under this chapter.

(3) Money distributed under section 6(a)(3) of this chapter.

(4) Projects carried out by the department in counties traversed by the Indiana Toll Road and funded with money distributed under section 6(a)(4) of this chapter.

(5) The amount initially set aside in the administration account of the toll road fund to establish an escrow account to implement 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.

(6) Money transferred to the administration account of the toll road fund under section 6(a)(5) of this chapter.

(7) Payments to the Indiana public retirement system required by section 6(a)(6) of this chapter.

As added by P.L.47-2006, SEC.5. Amended by P.L.35-2012, SEC.96.
Ind. Code § 8-14-11-10 — Indiana Code / Title 8 / Article 14 / Chapter 11 / Section 8-14-11-10
Board support staff
Status: in_force

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

Sec. 10. The department shall provide staff support to the board.

As added by P.L.117-1989, SEC.1.
Ind. Code § 8-3-1.5-3 — Indiana Code / Title 8 / Article 3 / Chapter 1.5 / Section 8-3-1.5-3
Financial assistance for continuance of rail service
Status: in_force

Sec. 3. The department is hereby authorized to provide financial assistance, within the limits of the funds appropriated for this purpose, for the continuation of operations and maintenance of any railroad within the State as provided for in the federal Regional Rail Reorganization Act of 1973, or other relevant federal legislation. The department may also act as the agent in cooperation with any local or regional transportation authority, local government units, any group of rail users, or any person, and the federal government in any rail service continuation program.

Formerly: Acts 1975, P.L.79, SEC.1. As amended by Acts 1980, P.L.74, SEC.42.
Ind. Code § 8-9.5-9-4 — Indiana Code / Title 8 / Article 9.5 / Chapter 9 / Section 8-9.5-9-4
"Swap agreement"
Status: in_force

Sec. 4. As used in this chapter, "swap agreement" refers to:

(1) an agreement (including terms and conditions incorporated by reference in the agreement) that is a rate swap agreement, basis swap, forward rate agreement, interest rate option, rate cap agreement, rate floor agreement, rate collar agreement, or any other similar agreement (including any option to enter into any of the agreements described in this subdivision);

(2) any combination of the agreements described in subdivision (1); or

(3) a master agreement for an agreement or a combination of agreements described in subdivision (1) or (2), together with all supplements to the agreement.

As added by P.L.55-1994, SEC.1.
Ind. Code § 8-9.5-7-2 — Indiana Code / Title 8 / Article 9.5 / Chapter 7 / Section 8-9.5-7-2
Association of landowners
Status: in_force

Sec. 2. (a) Any number of persons, not less than fifteen (15), who are the owners of fifteen (15) separate parcels of real estate in the same city may associate themselves together by written articles of association signed and acknowledged by each person, specifying:

(1) the name of the association;

(2) the purposes of the association, which shall be limited to the accomplishment of automated transit objectives authorized under this chapter;

(3) the names and addresses of the initial members;

(4) the principal office of the association and the name of the agent for purpose of communications and service of process;

(5) the term of existence, which may be perpetual;

(6) the number of directors, which may not be less than three (3), nor more than eleven (11);

(7) the amount of membership fee, if any, and annual dues, if any;

(8) the area affected by any proposed automated transit system falling within the objects of the association; and

(9) such other provisions as the initial members may deem desirable, not inconsistent with the provisions of this chapter.

(b) A copy of the articles of association, signed and acknowledged by all of the initial members, shall be filed with the board of public works or board of transportation of the city in which the area affected is located, and another copy shall be recorded in the office of the recorder of the county within which such area is located.

(c) Such association shall be a not-for-profit body corporate and by its name shall have power to contract, hold, convey and transfer property, sue and be sued.

(d) Within ninety (90) days after the filing and recording of such articles of association, a meeting of all owners of real estate in the area described in the articles of association shall be held for the purpose of electing directors of the association. Notice of such meeting shall be mailed, first class postage prepaid, not less than twenty (20) days prior to the meeting to all owners of real estate in the area described in the articles of association. Such notice shall be sufficient if it sets forth the time and place of the meeting, the purpose of the meeting, and a general description of the nature and object of the association, together with the amount of the membership fee, if any, and the annual dues, if any. The notice shall also state that any owner of real estate may become a member and be eligible to vote in such meeting, either in person or by a duly authorized agent or attorney, upon the signing of a counterpart of the articles of association at any time prior to the commencement of the meeting and upon payment of the membership fee, if any, and the dues for the first year, if any. It shall be sufficient if the notice is addressed, and mailed, to all owners of real estate as their addresses appear upon the tax duplicates in the records of the county auditor.

(e) All directors elected shall be owners of real estate in the area affected and members of the association, and shall serve until the next annual meeting and until their successors are elected and qualified. The directors shall approve bylaws which may be amended from time to time and which may provide for officers of the association to be elected annually by the directors, and such other provisions as may be desirable for the conduct of the affairs of the association.

(f) The articles of association may be amended from time to time upon recommendations of the directors, and the approval of two-thirds (2/3) of all members of the association at a meeting called for the purpose. Any amended articles shall be signed and acknowledged by a majority of the directors. A copy of all amendments shall be filed with the board of public works or board of transportation and recorded in the office of the county recorder.

(g) At all times during regular business hours a counterpart of the articles of association, with all amendments, if any, shall be available at the office of the agent of the association for signature by any owner who may desire to become a member by signature of such counterpart and the payment of the membership fee, if any, and the annual dues, if any.

As added by Acts 1982, P.L.77, SEC.1.
Ind. Code § 8-23-26-8 — Indiana Code / Title 8 / Article 23 / Chapter 26 / Section 8-23-26-8
Reimbursements for unnecessary relocation; limits; further conditions
Status: in_force

Sec. 8. (a) The reimbursement paid under section 7 of this chapter is limited to the cost of relocation (as defined in IC 8-1-9-2) to the utility.

(b) The department may reimburse a utility for an unnecessary relocation under section 7 only if the relocation of the utility's facilities was specifically requested by the department.

As added by P.L.63-1992, SEC.4.
Ind. Code § 8-1-29.5-7 — Indiana Code / Title 8 / Article 1 / Chapter 29.5 / Section 8-1-29.5-7
Factors commission may consider in imposing civil penalty; waiver of civil penalty; use of civil penalties collected
Status: in_force

Sec. 7. (a) In imposing a civil penalty under section 6(b)(4) of this chapter, the commission may consider the following factors:

(1) The duration and gravity of the offense, including the number of customers affected.

(2) Economic benefits accrued by the provider or certificate holder as a result of the offense.

(3) The amount of a civil penalty that will deter future offenses by the provider or certificate holder.

(4) The market share of the provider or certificate holder in the affected service areas.

(5) Good faith of the provider or certificate holder in attempting to remedy the offense after receiving notification of the offense.

(b) If the commission waives a civil penalty for any offense described in section 6(b)(4) of this chapter, the commission must make a written finding as to why it is waiving the civil penalty. The commission may waive a civil penalty under section 6(b)(4) of this chapter if the commission finds that the offense is the result of any of the following:

(1) Technological infeasibility.

(2) An act of God.

(3) A defect in, or prohibited use of, customer provided equipment.

(4) A negligent act of a customer.

(5) An emergency situation.

(6) Unavoidable casualty.

(c) The secretary of the commission shall direct a civil penalty imposed and collected under section 6(b)(4) of this chapter as follows:

(1) A civil penalty imposed for an offense that directly affects retail customers must be refunded directly to the customers of the provider or certificate holder in the form of credits on customer bills.

(2) A civil penalty imposed for an offense not described in subdivision (1) must be deposited into an account designated by the Indiana economic development corporation for use by the corporation in making loans or grants to broadband developers and operators.

As added by P.L.27-2006, SEC.53. Amended by P.L.162-2007, SEC.29; P.L.177-2018, SEC.10; P.L.189-2018, SEC.64.
Ind. Code § 8-16-1-17 — Indiana Code / Title 8 / Article 16 / Chapter 1 / Section 8-16-1-17
Repealed
Status: repealed

Formerly: Acts 1939, c.79, s.13; Acts 1955, c.323, s.4. As amended by Acts 1980, P.L.74, SEC.273; P.L.109-1983, SEC.44. Repealed by P.L.386-1987(ss), SEC.22.
Ind. Code § 8-1-31.5-13 — Indiana Code / Title 8 / Article 1 / Chapter 31.5 / Section 8-1-31.5-13
Utility granted system integrity adjustment is required to petition for change in its adjustment amount
Status: in_force

Sec. 13. (a) This section applies to an eligible utility for which the commission has issued an order approving a petition under section 12(d) of this chapter.

(b) An eligible utility shall file a petition for a change in its adjustment amount:

(1) not more than thirty (30) days after the end of each twelve (12) month period following the date on which the eligible utility files a petition under section 12 of this chapter; and

(2) until the commission issues an order in the eligible utility's next general rate case proceeding after the commission approves a system integrity adjustment.

(c) An eligible utility shall serve the office of the utility consumer counselor a copy of the petition at the same time the petition is filed with the commission.

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

As added by P.L.104-2016, SEC.3.
Ind. Code § 8-3-22-11 — Indiana Code / Title 8 / Article 3 / Chapter 22 / Section 8-3-22-11
Reporting requirement
Status: in_force

Sec. 11. On or before July 1, 2027, and July 1 biennially thereafter, the commission shall submit a report to the executive director of the legislative services agency, in an electronic format under IC 5-14-6, for review by the interim committee on government in accordance with IC 1-1-15.5-4 and IC 2-5-1.3-13(g). The report shall describe:

(1) official action taken; and

(2) actionable items considered;

by the commission during the preceding two (2) years.

As added by P.L.161-2025, SEC.14.
Ind. Code § 8-20-1-55 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-55
Repealed
Status: repealed

Formerly: Acts 1905, c.167, s.64. As amended by P.L.86-1988, SEC.205. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-23-9-4 — Indiana Code / Title 8 / Article 23 / Chapter 9 / Section 8-23-9-4
Acceptance of proposals; criteria
Status: in_force

Sec. 4. Notwithstanding any other statute or rule adopted by the department, the department may accept a proposal and award a contract for the construction, improvement, or maintenance of a road if:

(1) the lowest responsive and qualified bid is:

(A) less than three million dollars ($3,000,000);

(B) one (1) of three (3) or more bids received by the department for the contract; or

(C) not more than fifteen percent (15%) above the estimated cost of the project;

(2) the commissioner believes that awarding a contract under this section is in the best interests of the state; and

(3) the award would comply with any requirement imposed under section 13 of this chapter.

As added by P.L.18-1990, SEC.218. Amended by P.L.50-2008, SEC.2; P.L.60-2023, SEC.1.
Ind. Code § 8-17-4.1-4 — Indiana Code / Title 8 / Article 17 / Chapter 4.1 / Section 8-17-4.1-4
Additional records
Status: in_force

Sec. 4. The state board of accounts may require additional records to be kept by every county and municipality to adequately reflect the financial and material condition of the department.

Formerly: Acts 1971, P.L.103, SEC.1. As amended by P.L.86-1988, SEC.118.
Ind. Code § 8-22-3.7-3 — Indiana Code / Title 8 / Article 22 / Chapter 3.7 / Section 8-22-3.7-3
"Development authority"
Status: in_force

Sec. 3. As used in this chapter, "development authority" refers to an airport development authority created by this chapter.

As added by P.L.108-1993, SEC.11.
Ind. Code § 8-8-1-9 — Indiana Code / Title 8 / Article 8 / Chapter 1 / Section 8-8-1-9
Inspection
Status: in_force

Sec. 9. The Indiana department of transportation shall enforce this chapter. The department may, with the consent and approval of the governor, appoint and pay an inspector, or inspectors, to assist in so doing and in collecting the necessary information required for that purpose. The department may adopt rules, not inconsistent with this chapter, to control the conduct of its inspectors and such carriers in reference to this chapter and such inspection. All carriers subject to this chapter shall provide free transportation in Indiana for the inspectors employed by the department, to be used only while traveling on the business of the department.

Formerly: Acts 1907, c.118, s.9. As amended by P.L.62-1984, SEC.108; P.L.384-1987(ss), SEC.71; P.L.18-1990, SEC.81.
Ind. Code § 8-1-39-1 — Indiana Code / Title 8 / Article 1 / Chapter 39 / Section 8-1-39-1
Application of definitions in IC 8-1-2-1
Status: in_force

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

As added by P.L.133-2013, SEC.5.
Ind. Code § 8-16-3.5-2 — Indiana Code / Title 8 / Article 16 / Chapter 3.5 / Section 8-16-3.5-2
Joint leases
Status: in_force

Sec. 2. If two (2) or more counties propose to enter into a lease contract jointly, then separate meetings of the county executives may be held, but no action taken shall be binding on any county unless approved by a majority of the county executives. Any lease contract executed by two (2) or more counties as joint lessees shall set out the amount of the aggregate lease rental to be paid by each county.

Formerly: Acts 1975, P.L.92, SEC.2. As amended by P.L.86-1988, SEC.24.
Ind. Code § 8-1-32.3-14 — Indiana Code / Title 8 / Article 1 / Chapter 32.3 / Section 8-1-32.3-14
"Wireless support structure"
Status: in_force

Sec. 14. (a) As used in this chapter, "wireless support structure" means a freestanding structure that is:

(1) designed to support; or

(2) capable of supporting;

wireless facilities.

(b) The term does not include a utility pole or an electrical transmission tower.

As added by P.L.145-2015, SEC.3. Amended by P.L.261-2017, SEC.7.
Ind. Code § 8-9.5-7-6 — Indiana Code / Title 8 / Article 9.5 / Chapter 7 / Section 8-9.5-7-6
Adoption of ordinance; effective date
Status: in_force

Sec. 6. (a) The commission may adopt a draft of an ordinance only at a meeting which is open to the public. Before adopting an ordinance, the commission shall give opportunity to any person present at the meeting to give testimony, evidence or argument for or against the proposed ordinance in person or by counsel, under such rules as to the number of persons who may be heard and time limits as may be adopted by the commission.

(b) When an ordinance is adopted, the commission shall at the same meeting designate the effective date of the ordinance. If the commission fails so to designate the effective date of the ordinance in the record of the proceedings of the commission, the ordinance shall be effective on the fourteenth day after its passage.

As added by Acts 1982, P.L.77, SEC.1.
Ind. Code § 8-14-8-6 — Indiana Code / Title 8 / Article 14 / Chapter 8 / Section 8-14-8-6
Report; availability and use of highway money
Status: in_force

Sec. 6. Within thirty (30) days of the date of application for a loan by a qualified county, the department of local government finance shall submit to the Indiana department of transportation a financial report which shall include the following:

(1) The amount of money available to the county for road construction and maintenance.

(2) An analysis of the use, during the five (5) years immediately preceding the date of the loan application, of all highway money the county has received.

(3) Any other information required by the Indiana department of transportation for the processing of loan applications.

As added by Acts 1981, P.L.88, SEC.12. Amended by P.L.114-1983, SEC.2; P.L.18-1990, SEC.116; P.L.90-2002, SEC.317.
Ind. Code § 8-1-2.6-12 — Indiana Code / Title 8 / Article 1 / Chapter 2.6 / Section 8-1-2.6-12
Repealed
Status: repealed

As added by P.L.27-2006, SEC.23. Repealed by P.L.256-2013, SEC.9.
Ind. Code § 8-21-3-6 — Indiana Code / Title 8 / Article 21 / Chapter 3 / Section 8-21-3-6
Payment from security deposit; information regarding security
Status: in_force

Sec. 6. (a) Security furnished in compliance with the requirements of this chapter shall be placed by the department in the custody of the treasurer of state and shall be applicable only to the payment of a judgment or claimant settlement agreement against the depositor for damages arising out of the accident in question in an action at law in a court of this state begun not later than one (1) year after the date of such accident or, upon assignment of the depositor. All such payments made out of the deposited security shall be made subject to proration by court order or claimant settlement agreement if there is more than one (1) claimant. Such deposit, or any balance of the amount deposited, shall be returned to the depositor or the depositor's personal representative whenever after the expiration of such year the department shall be given evidence, satisfactory to it, that there is no such judgment unsatisfied and that there is no pending action against the depositor for damages arising out of such accident.

(b) Neither the action taken by the department pursuant to this chapter, the findings, if any, of the department upon which such action is based, nor the security filed by the owner or operator as provided in this chapter shall be referred to in any way, nor be any evidence of the negligence or due care of either party at the trial of any action at law to recover damages.

(c) In lieu of deposit of security when required pursuant to this chapter the aircraft owner or operator may, if the person who has sustained bodily injury, including death, or damage to the person's property or the person's legal representative consents, effect and deliver a consent judgment or release for such amount and payable when and in such installments as the judgment creditor or claimant may agree to. In the event the judgment debtor fails to pay any installment as agreed, then upon notice of such default, the attorney general or the prosecuting attorney may pursuant to section 5 of this chapter maintain an action to enjoin such person from engaging in the operation of any aircraft or causing to be operated any aircraft within this state until such judgment is appropriately satisfied as required under this chapter.

(d) Information regarding security taken under this section shall be available to the person injured or the representative of any person killed and their duly authorized agents or attorney.

Formerly: Acts 1951, c.267, s.6. As amended by Acts 1980, P.L.74, SEC.321; P.L.1-1993, SEC.51; P.L.136-2018, SEC.103; P.L.50-2024, SEC.5.
Ind. Code § 8-14-10-2 — Indiana Code / Title 8 / Article 14 / Chapter 10 / Section 8-14-10-2
"Fund"
Status: in_force

Sec. 2. As used in this chapter, "fund" refers to the state highway road construction and improvement fund.

As added by P.L.68-1988, SEC.11.
Ind. Code § 8-1-31.5-2 — Indiana Code / Title 8 / Article 1 / Chapter 31.5 / Section 8-1-31.5-2
"Actual revenues"
Status: in_force

Sec. 2. As used in this chapter, "actual revenues" means the annual operating revenues that an eligible utility receives or accrues for a twelve (12) month period authorized for recovery through basic rates and charges approved by the commission in the eligible utility's most recent general rate case. However, the term does not include the following:

(1) Revenues received through an infrastructure improvement charge approved by the commission under IC 8-1-31.

(2) Revenues from the operation of a utility that an eligible utility acquires after the commission's most recent order establishing the eligible utility's level of annual operating revenues authorized for recovery by the eligible utility through existing rates and charges.

As added by P.L.104-2016, SEC.3.
Ind. Code § 8-1.5-3-9.1 — Indiana Code / Title 8 / Article 1.5 / Chapter 3 / Section 8-1.5-3-9.1
Removal of utility from jurisdiction of commission for approval of rates, charges, and evidences of indebtedness; alternative procedure
Status: in_force

Sec. 9.1. (a) This section applies to the following:

(1) Water utilities that are owned or operated by second class cities.

(2) Third class cities.

(3) Towns.

(b) In addition to section 9 of this chapter, a municipally owned utility to which this section applies may be removed from the jurisdiction of the commission for the approval of rates and charges and of the issuance of stocks, bonds, notes, or other evidence of indebtedness, if the municipal legislative body adopts an ordinance removing the utility from commission jurisdiction. The municipal legislative body shall, at least thirty (30) days before the final vote on the ordinance, mail written notice of the meeting to all ratepayers of the utility and to the commission. For a second class city the municipal legislative body must hold two (2) public meetings before the final vote on an ordinance removing the utility from commission jurisdiction may be adopted. An explanation of the removal process must be provided at each public meeting under this section. Each public meeting must be held in a different location.

(c) The ordinance described in subsection (b) takes effect sixty (60) days after adoption by the municipal legislative body.

(d) The question of removal from commission jurisdiction shall be submitted to the registered voters of the municipality if, within the sixty (60) day period described in subsection (c), the legislative body receives a petition:

(1) that is signed by at least the number of the registered voters of the municipality required under IC 3-8-6-3 to place a candidate on the ballot; and

(2) that requests the legislative body to submit the question of removal from commission jurisdiction to the registered voters of the municipality at the next election.

The municipal legislative body shall certify the public question in subsection (e) to the county election board of the county that contains the greatest percentage of population of the municipality under IC 3-10-9-3.

(e) If the legislative body receives a petition described in subsection (d) in the proper form, the legislative body shall submit the following public question to the registered voters of the municipality at the next election in the form prescribed by IC 3-10-9-4:

"Shall the municipally owned utility be taken out of the jurisdiction of the Indiana utility regulatory commission for the approval of rates and charges and of the issuance of stocks, bonds, notes, or other evidence of indebtedness?".

The legislative body shall mail written notice of the referendum to the commission at least ten (10) days before the date of the election.

(f) If a majority of those voting on the question described in subsection (e) favor taking the municipally owned utility out of the jurisdiction of the commission, the utility is removed from the jurisdiction of the commission for approval of rates and charges and of the issuance of stocks, bonds, notes, or other evidences of indebtedness.

(g) If the legislative body receives a petition in proper form under subsection (d), the ordinance does not take effect until after removal is approved by a majority of those voting. If a majority of those voting vote against removal, the utility remains under the jurisdiction of the commission and the ordinance does not take effect.

(h) In addition to the notice required by subsection (b), if the municipal legislative body adopts the ordinance, described in subsection (b), the municipal legislative body shall mail written notice of the withdrawal from commission jurisdiction to the commission within thirty (30) days after the ordinance becomes effective.

(i) Notwithstanding this section or section 9 of this chapter, the commission may require a municipally owned utility that generates electric power to provide information to the permanent forecasting group under IC 8-1-8.5-3.5.

(j) This section does not affect the obligations of a municipally owned utility under IC 8-1-2.3, IC 8-1-8.5, IC 8-1-22.5, or IC 8-1.5-3-14.

(k) Notwithstanding subsection (a) and the procedure set forth in section 9 of this chapter, if a city adopts an ordinance under this section before January 1, 2013, to remove the city's municipally owned electric utility from the jurisdiction of the commission for the approval of rates and charges and of the issuance of stocks, bonds, notes, or other evidence of indebtedness, the removal of the city's municipally owned electric utility from the commission's jurisdiction for the approval of rates and charges and of the issuance of stocks, bonds, notes, or other evidence of indebtedness is effective for all purposes and is legalized and validated.

As added by P.L.82-1988, SEC.6. Amended by P.L.77-1991, SEC.3; P.L.12-1995, SEC.102; P.L.163-2013, SEC.2.
Ind. Code § 8-4-21-4 — Indiana Code / Title 8 / Article 4 / Chapter 21 / Section 8-4-21-4
Notice of intention to arbitrate
Status: in_force

Sec. 4. In all cases of arbitration under sections 2 and 3 of this chapter, the party desiring such arbitration shall give the opposite party at least ten (10) days notice of his intention to apply to the judge for the appointment of arbitrators, which notice shall be served in the manner provided for the service of a summons, and must specify the time and place of hearing of the application. In cases of nonresidents, the notice shall be by publication for three (3) consecutive weeks in some newspaper printed in the county where the application is made.

Formerly: Acts 1913, c.169, s.5. As amended by P.L.62-1984, SEC.73.
Ind. Code § 8-20-1-20 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-20
Repealed
Status: repealed

Formerly: Acts 1905, c.167, s.20; Acts 1957, c.53, s.1. As amended by P.L.116-1983, SEC.1. Repealed by P.L.86-1988, SEC.227.
Ind. Code § 8-2.1-22-36 — Indiana Code / Title 8 / Article 2.1 / Chapter 22 / Section 8-2.1-22-36
Temporary authority or emergency temporary authority for one trip or occasional trips
Status: in_force

Sec. 36. (a) As used in this section, "eligible event" has the meaning set forth in IC 6-8-12-2.

(b) In addition to all other powers granted to the department under this chapter, the department may issue, in accordance with its rules, temporary authority or emergency temporary authority to the following:

(1) Persons to whom permanent certificates have been issued.

(2) Persons who have filed new applications for permanent certificates.

(3) Persons when there appears a necessity to make one (1) trip or occasional trips, including during an eligible event.

The department may grant temporary authority or emergency temporary authority under subdivision (3) during an eligible event for a period not greater than fifteen (15) consecutive days.

(c) An application for temporary authority or emergency temporary authority during an eligible event is not subject to section 12.5 of this chapter.

As added by P.L.99-1989, SEC.13. Amended by P.L.110-1995, SEC.24; P.L.45-2011, SEC.4; P.L.205-2025, SEC.44.
Ind. Code § 8-10-1-12 — Indiana Code / Title 8 / Article 10 / Chapter 1 / Section 8-10-1-12
Indiana port fund; creation and administration
Status: in_force

Sec. 12. (a) A special and distinct revolving fund is hereby created, to be known as the Indiana port fund. Expenditures from said fund shall be made only for the following:

(1) Acquisition of land, including lands under water and riparian rights, or options for the purchase of such land for a port or project site, and incidental expenses incurred in connection with such acquisition.

(2) Studies in connection with the port or project.

(3) Studies in connection with transportation by water, intermodal transportation, and other modes of transportation.

(4) Transfers to the fund established by IC 14-13-2-19 to carry out the purposes of IC 14-13-2.

(5) Administrative expenses of the ports of Indiana.

The fund shall be held in the name of the ports of Indiana, shall be administered by the ports of Indiana, and all expenditures therefrom shall be made by the ports of Indiana, subject, however, to the approval by governor and the budget committee of all expenditures of moneys advanced to said fund by the state of Indiana. Requests for such approval shall be made in such form as shall be prescribed by the budget committee, but expenditures for acquisition of land including lands under water and riparian rights, or options for the purchase of such land, shall be specifically requested and approved as to the land to be acquired and the amount to be expended. No transfers from said fund to any other fund of the state shall be made except pursuant to legislative action.

(b) Upon the sale of revenue bonds for any port or project, the funds expended from the Indiana port fund in connection with the development of such port or project and any obligation or expense incurred by the ports of Indiana for surveys, preparation of plans and specifications, and other engineering or other services in connection with development of such port or project shall be reimbursed to the state general fund from the proceeds of such bonds.

Formerly: Acts 1961, c.11, s.12. As amended by P.L.66-1984, SEC.4; P.L.165-2003, SEC.1; P.L.224-2003, SEC.212 and P.L.271-2003, SEC.12; P.L.97-2004, SEC.36; P.L.98-2008, SEC.22.
Ind. Code § 8-1-1-1 — Indiana Code / Title 8 / Article 1 / Chapter 1 / Section 8-1-1-1
"Commission" defined; references to public service commission
Status: in_force

Sec. 1. (a) As used in this article, "commission" refers to the Indiana utility regulatory commission.

(b) After June 30, 1987, any reference to the public service commission of Indiana shall be construed as a reference to the commission.

Formerly: Acts 1941, c.101, s.1. As amended by P.L.59-1984, SEC.1; P.L.23-1988, SEC.12; P.L.220-2011, SEC.183.
Ind. Code § 8-15-2-12 — Indiana Code / Title 8 / Article 15 / Chapter 2 / Section 8-15-2-12
Taxation
Status: in_force

Sec. 12. (a) The exercise of the powers granted by this chapter will be in all respects for:

(1) the benefit of the people of the state;

(2) the increase of their commerce and prosperity; and

(3) the improvement of their health and living conditions.

(b) As the operation and maintenance of toll road projects by the authority will constitute the performance of essential governmental functions, the authority shall not be required to pay any taxes or assessments upon any toll road project or any property acquired or used by the authority under the provisions of this chapter or upon the income therefrom.

(c) The bonds issued under the provisions of this chapter, their transfer, and the income therefrom (including any profit made on the sale thereof) shall at all times be free from taxation within the state.

Formerly: Acts 1951, c.281, s.12. As amended by Acts 1980, P.L.74, SEC.238; P.L.109-1983, SEC.16.
Ind. Code § 8-1-32.3-7 — Indiana Code / Title 8 / Article 1 / Chapter 32.3 / Section 8-1-32.3-7
"Existing structure"
Status: in_force

Sec. 7. As used in this chapter, "existing structure" does not include a utility pole or an electrical transmission tower.

As added by P.L.145-2015, SEC.3.
Ind. Code § 8-4.5-4-2 — Indiana Code / Title 8 / Article 4.5 / Chapter 4 / Section 8-4.5-4-2
Purposes of acquisition
Status: in_force

Sec. 2. The state may acquire any part of a railroad's interest in a corridor under this chapter for any of the following purposes:

(1) A present or future rail line.

(2) A transportation corridor.

(3) A communication corridor.

(4) A trail.

(5) A utility corridor.

(6) The preservation of a railroad corridor.

(7) Any combination of purposes described in subdivisions (1) through (6).

As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.7; P.L.164-2020, SEC.26.
Ind. Code § 8-2-17-2 — Indiana Code / Title 8 / Article 2 / Chapter 17 / Section 8-2-17-2
Notice of intent to establish; publication
Status: in_force

Sec. 2. The legislative body shall not grant a license to the applicant until satisfactory evidence is produced showing that the application has been on file in the office of the city or town clerk for not less than fourteen (14) days and that notice of the filing of the application has been posted for at least two (2) weeks at the door of the city hall of any city or at some public place in any town and published once each week for two (2) consecutive weeks:

(1) with each publication of the notice made in a newspaper of general circulation in the city or town or where there is no newspaper, notice by posting is sufficient notice; or

(2) with the first publication made in a newspaper described in subdivision (1) and the second publication:

(A) in accordance with IC 5-3-5; and

(B) on the official website of the city or town.

Formerly: Acts 1921, c.137, s.2; Acts 1959, c.235, s.2. As amended by P.L.8-1989, SEC.43; P.L.152-2021, SEC.5; P.L.1-2025, SEC.124.
Ind. Code § 8-1-26-24 — Indiana Code / Title 8 / Article 1 / Chapter 26 / Section 8-1-26-24
Underground plant protection account
Status: in_force

Sec. 24. (a) The underground plant protection account is established to provide funding for the following programs established and administered by the commission:

(1) Public awareness programs concerning underground plant protection.

(2) Training and educational programs for contractors, excavators, locators, operators, and other persons involved in underground plant protection.

(3) Incentive programs for contractors, excavators, locators, operators, and other persons involved in underground plant protection to reduce the number of violations of this chapter.

(b) The commission shall administer the account.

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

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

(e) The expenses of administering the account shall be paid from money in the account.

(f) The account consists of penalties deposited under section 23(k) of this chapter.

As added by P.L.62-2009, SEC.20. Amended by P.L.1-2010, SEC.43.
Ind. Code § 8-15.5-10-1 — Indiana Code / Title 8 / Article 15.5 / Chapter 10 / Section 8-15.5-10-1
Cooperation by authority with other governmental entities
Status: in_force

Sec. 1. The authority may exercise any powers provided under this article in participation or cooperation with the department or any other governmental entity and enter into any contracts to facilitate that participation or cooperation without compliance with any other statute.

As added by P.L.47-2006, SEC.39.
Ind. Code § 8-1-11.1-21 — Indiana Code / Title 8 / Article 1 / Chapter 11.1 / Section 8-1-11.1-21
Security for revenue obligations; issuance of additional obligations authorized
Status: in_force

Sec. 21. Such revenue obligations shall be secured by a pledge of the unobligated income and revenues of any one (1) or more of the utility properties of the department of public utilities. In addition, the board of directors for utilities may in its discretion secure the payment of such revenue obligations by a mortgage upon the property of the particular utility for whose benefit the proceeds of the revenue obligations are to be used. In authorizing the issuance of such obligations for any particular property or properties, the board of directors for utilities of the department of public utilities may limit the amount of such obligations that may be issued as a first lien and charge against such property or properties and the income and revenues therefrom, or such board of directors for utilities may authorize the issuance from time to time thereafter of additional obligations secured by the same pledge or lien to provide funds for the completion of the property, properties, betterments, improvements, extensions or additions thereto, on account of which the original obligations were issued, or to provide funds to pay the cost of additional utility properties, betterments, improvements, extensions or additions thereto, or for both such purposes. Such additional obligations shall be issued on such terms and conditions as such board may determine, and may be secured equally and ratably, without preference, priority or distinction, with the original issue of obligations or may be made junior thereto.

[Pre-Local Government Recodification Citation: 19-3-24-21.]

As added by Acts 1981, P.L.11, SEC.43.
Ind. Code § 8-1-2-16 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-16
Accounts; closing date; filing with commission
Status: in_force

Sec. 16. The accounts shall be closed annually on the thirty-first day of December, and a balance sheet of that date promptly taken therefrom. On or before the thirtieth day of April following, such balance sheet, together with such other information as the commission shall prescribe, verified by an officer of the public utility, shall be filed with the commission.

Formerly: Acts 1913, c.76, s.19; Acts 1917, c.150, s.1. As amended by Acts 1979, P.L.84, SEC.3; P.L.103-1983, SEC.2.
Ind. Code § 8-2.1-20-3 — Indiana Code / Title 8 / Article 2.1 / Chapter 20 / Section 8-2.1-20-3
Repealed
Status: repealed

As added by P.L.99-1989, SEC.11. Repealed by P.L.110-1995, SEC.35.
Ind. Code § 8-1-47-12 — Indiana Code / Title 8 / Article 1 / Chapter 47 / Section 8-1-47-12
Implementing rules; adoption by commission
Status: in_force

Sec. 12. The commission shall adopt rules under IC 4-22-2 to implement this chapter.

As added by P.L.36-2026, SEC.11.
Ind. Code § 8-23-30-1.5 — Indiana Code / Title 8 / Article 23 / Chapter 30 / Section 8-23-30-1.5
Low water crossing projects
Status: in_force

Sec. 1.5. A project described in section 1(a)(2) of this chapter may consist of one (1) or more of the following:

(1) Installing appropriate road signs to warn vehicle drivers as they approach low water crossings.

(2) Replacing damaged, undersized, perched, and blocked road structures with structures that will accommodate a greater quantity of stream flow under the road.

(3) Replacing low water crossings with bridges.

As added by P.L.173-2025, SEC.27.
Ind. Code § 8-4-12-2 — Indiana Code / Title 8 / Article 4 / Chapter 12 / Section 8-4-12-2
Takeover of derelict company by new company; appraisement
Status: in_force

Sec. 2. Any company that is or that may be organized under the general laws of this state providing for the incorporation of railroad companies may complete any such abandoned road or part thereof, and shall, for such purpose, be invested with all the rights, privileges, interests, rights of way, franchises, properties, and immunities of such derelict railroad company, and shall proceed to construct the same, as is provided under this chapter. However, before any such new company shall succeed to said rights, privileges, interests, rights of way, franchises, properties and immunities, and before it shall proceed to complete such road or part of such road, the value of the same shall be ascertained by:

(1) one (1) disinterested freeholder in any county through which the line of the road may run; and

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

who are residents of Indiana, one (1) of whom shall be selected by said new company, and one (1) by the old company, or the assignee or purchaser of the franchises thereof, and the other by the auditor of such county. One (1) of the appraisers described under subdivision (2) must reside not more than fifty (50) miles from the property. The freeholder and the two (2) appraisers appointed under subdivisions (1) and (2) shall constitute a board of appraisers; and in the event that the said old company, or the assignee or purchaser of the franchises thereof, shall fail or refuse, upon request, to name such appraiser, then the appraiser shall be named by the said auditor. Such board of appraisers shall take an oath to faithfully discharge their duties, and make a true and impartial appraisement of such rights, privileges, interests, rights of way, franchises, properties and immunities. Such board shall report their appraisement to said auditor, and, upon the payment of the same by such new company to the treasurer of such county, it shall succeed to and be invested as aforesaid. Nothing in this chapter shall authorize or permit any railroad company which has constructed and is operating its road to change its line of road from that now used and occupied so as to avoid any point named in their charter or articles of association.

Formerly: Acts 1867, c.80, s.2; Acts 1877, c.68, s.2; Acts 1975, P.L.76, SEC.3. As amended by P.L.113-2006, SEC.5; P.L.136-2018, SEC.91.
Ind. Code § 8-1-46-14 — Indiana Code / Title 8 / Article 1 / Chapter 46 / Section 8-1-46-14
"Service restoration performance metric"
Status: in_force

Sec. 14. As used in this chapter, "service restoration performance metric", with respect to an electricity supplier, means a metric that:

(1) is determined by the commission under section 24 of this chapter for a particular rate year included in that electricity supplier's multi-year rate plan;

(2) is based on the most recent service restoration performance report submitted to the commission by the electricity supplier under section 19 of this chapter; and

(3) is used by the commission to establish a service restoration PIM that applies to that rate year and provides financial rewards or penalties to the electricity supplier based on the electricity supplier's measured service restoration performance.

As added by P.L.36-2026, SEC.10.
Ind. Code § 8-22-3-0.3 — Indiana Code / Title 8 / Article 22 / Chapter 3 / Section 8-22-3-0.3
Transfer of board of aviation commissioners after January 25, 1985; applicable law
Status: reserved

Sec. 0.3. (a) This section applies to each board of aviation commissioners from which powers, rights, obligations, functions, and assets are to be transferred, under section 33 of this chapter, to an airport authority established by P.L.100-1985.

(b) The provisions of section 33 of this chapter governing the transfer of assets apply to all assets held for the use of the board of aviation commissioners on January 25, 1985. Assets held for the use of the board of aviation commissioners on that date may not be transferred for the use of any other board or department of local government after that date, except as provided in section 3 of this chapter.

As added by P.L.220-2011, SEC.203.
Ind. Code § 8-23-9-34 — Indiana Code / Title 8 / Article 23 / Chapter 9 / Section 8-23-9-34
Claims against contractors; filing of actions
Status: in_force

Sec. 34. Whenever a claim has been filed under this chapter with the department by a person, firm, limited liability company, or corporation who has performed labor or furnished material or other service in the construction, repair, or maintenance of a highway or bridge in the state highway system, or in the construction, repair, or renovation of a building or structure used by the department, and against a contractor with the department, the department shall notify the person, firm, limited liability company, or corporation filing the claim that within ninety (90) days after the date of the notice the person, firm, limited liability company, or corporation must proceed by an action at law in a court of competent jurisdiction against the contractor or the surety on the contract bond of the contractor for the collection of the amount of the claim.

As added by P.L.18-1990, SEC.218. Amended by P.L.8-1993, SEC.158.
Ind. Code § 8-23-9-20 — Indiana Code / Title 8 / Article 23 / Chapter 9 / Section 8-23-9-20
Repealed
Status: repealed

As added by P.L.18-1990, SEC.218. Repealed by P.L.267-2001, SEC.2.
Ind. Code § 8-25-8-7 — Indiana Code / Title 8 / Article 25 / Chapter 8 / Section 8-25-8-7
Official action of foundation by majority vote
Status: in_force

Sec. 7. The affirmative votes of a majority of the members of the board of directors are required for the foundation to take any official action.

As added by P.L.153-2014, SEC.17.
Ind. Code § 8-1-34-25 — Indiana Code / Title 8 / Article 1 / Chapter 34 / Section 8-1-34-25
PEG channel capacity, facilities, and financial support; unit with existing requirements
Status: in_force

Sec. 25. (a) This section applies in a unit that:

(1) is included in the service area of a holder of a certificate issued under this chapter; and

(2) requires a provider described in section 21(a) of this chapter to provide PEG channel capacity, facilities, or financial support under a local franchise issued to the provider by the unit before July 1, 2006, regardless of whether the provider elects to:

(A) continue the local franchise under section 21(b)(1) of this chapter; or

(B) terminate the local franchise under section 21(b)(2) of this chapter and continue providing video service in the unit under a certificate issued under this chapter.

(b) As used in this section, "PEG channel" refers to a channel made available by a provider on the provider's video service system for public, educational, and governmental programming.

(c) The holder of a certificate under this chapter shall provide in the unit at least the number of PEG channels that the provider described in section 21(a) of this chapter is required to provide in the unit under the terms of the local franchise described in subsection (a)(2).

(d) If the local franchise described in subsection (a)(2) requires the provider described in section 21(a) of this chapter to provide financial support for public, educational, or governmental programming in the unit, the holder of a certificate under this chapter shall pay the unit the same cash payments on a per subscriber basis that the provider described in section 21(a) of this chapter is required to pay the unit under the terms of the local franchise. The holder shall remit payments under this subsection to the unit on a quarterly basis, along with the franchise fee paid to the unit under section 24 of this chapter. For each calendar quarter, the holder shall remit to the unit an amount equal to:

(1) the cash payment for the quarter due from the provider described in section 21(a) of this chapter; multiplied by

(2) a fraction, the numerator of which equals the number of subscribers served by the holder in the unit, and the denominator of which equals the total number of subscribers served by all providers in the unit.

(e) Any payments remitted to a unit under subsection (d):

(1) are made:

(A) for the purposes set forth in 47 U.S.C. 531; and

(B) under the unit's authority under 47 U.S.C. 541(a)(4)(B); and

(2) may not be credited against the franchise fee payable to the unit under section 24 of this chapter.

As added by P.L.27-2006, SEC.58.
Ind. Code § 8-23-20-20 — Indiana Code / Title 8 / Article 23 / Chapter 20 / Section 8-23-20-20
Acquisition of junkyard or scrap metal processing facility property; relocation and removal costs
Status: in_force

Sec. 20. If the department determines that the topography of the land adjoining a highway in the interstate or primary system will not permit adequate screening of a junkyard or scrap metal processing facility, or that the screening of a junkyard or facility would not be economically feasible, the department may acquire the property on which the junkyard or facility stands by gift, purchase, exchange, or condemnation. The department may pay the costs of relocation, removal, or disposal of a junkyard or facility.

As added by P.L.18-1990, SEC.229.
Ind. Code § 8-1-11.1-14 — Indiana Code / Title 8 / Article 1 / Chapter 11.1 / Section 8-1-11.1-14
Quarterly accounting and report to city controller
Status: in_force

Sec. 14. The board of directors for utilities shall make quarterly accounting and reports to the city controller of such city, of all funds received and expended by it, and not less than sixty (60) days after the end of each calendar year the city controller shall make publication in not less than two (2) newspapers of general circulation printed and published within said city of the material facts as set forth in the report of said board of directors for the preceding calendar year.

[Pre-Local Government Recodification Citation: 19-3-24-14.]

As added by Acts 1981, P.L.11, SEC.43.
Ind. Code § 8-22-3.7-5 — Indiana Code / Title 8 / Article 22 / Chapter 3.7 / Section 8-22-3.7-5
Creation of authority
Status: in_force

Sec. 5. A "__________ Airport Development Authority" (the blank to be filled in with the name of the eligible entity) may be created by an eligible entity as a separate body corporate and politic and as an instrumentality of the eligible entity to finance airport projects for lease to the authority in that eligible entity. A development authority may be created by ordinance of the legislative body of the eligible entity.

As added by P.L.108-1993, SEC.11.
Ind. Code § 8-23-17-12 — Indiana Code / Title 8 / Article 23 / Chapter 17 / Section 8-23-17-12
Payments; applicable provisions
Status: in_force

Sec. 12. The following provisions apply to payments by the department of transportation under this chapter:

(1) A payment by the department under section 13(3) or 14 of this chapter may not exceed the maximum allowances provided by federal law for persons displaced by federal programs or projects.

(2) A payment by the department under section 15 of this chapter must be in the amount of the allowance provided by federal law for persons displaced by federal programs or projects.

(3) In addition to payments otherwise authorized by this chapter, the department shall make a payment to or for a person who is displaced from a dwelling actually owned and occupied by the displaced person for not less than one hundred eighty (180) days before the initiation of negotiations for the acquisition of the property. This payment may not exceed the maximum allowances provided by federal law for persons displaced by federal programs or projects and must include the following elements:

(A) The amount, if any, that when added to the compensation for the dwelling acquired by the department equals the reasonable cost of a comparable replacement dwelling that is a decent, safe, and sanitary dwelling adequate to accommodate the displaced person, reasonably accessible to public services and places of employment, and available on the private market.

(B) The amount, if any, that will compensate the displaced person for any increased interest costs that the person is required to pay for financing the acquisition of any comparable replacement dwelling. The amount shall be paid only if the dwelling acquired was encumbered by a bona fide mortgage that was a valid lien on the dwelling for not less than one hundred eighty (180) days before the initiation of negotiations for the acquisition of the dwelling. The amount must be equal to the excess in the aggregate interest and other debt service costs of that amount of the principal of the mortgage on the replacement dwelling that is equal to the unpaid balance of the mortgage on the acquired dwelling over the remaining term of the mortgage on the acquired dwelling, reduced to discounted present value.

(C) Reasonable expenses incurred by the displaced person for evidence of title, recording fees, and other closing costs incident to the purchase of the replacement dwelling, but not including prepaid expenses.

The additional payment authorized by this section shall be made only to a displaced person who purchases and occupies a replacement dwelling, which is decent, safe, and sanitary, not later than the end of the one (1) year period beginning on the date on which the displaced person receives final payment of all costs of the acquired dwelling or moves from the acquired dwelling, whichever is later.

(4) In addition to payments otherwise authorized by this chapter, the department shall make a payment to or for any person displaced from any dwelling not eligible to receive a payment under subdivision (3) if the dwelling was actually and lawfully occupied by the displaced person for not less than ninety (90) days before the initiation of negotiations for acquisition of the dwelling. The payment must be either:

(A) the amount necessary to enable the displaced person to lease or rent for a period not to exceed four (4) years a decent, safe, and sanitary dwelling of standards adequate to accommodate the person in areas not generally less desirable in regard to public utilities and public and commercial facilities, and reasonably accessible to the person's place of employment, but not to exceed the maximum amount provided by federal law for persons displaced by federal programs or projects; or

(B) the amount necessary to enable the person to make a down payment (including incidental expenses described in subdivision (3)(C)) on the purchase of a decent, safe, and sanitary dwelling of standards adequate to accommodate the person in areas not generally less desirable in regard to public utilities and public and commercial facilities, in the amount and on the conditions provided by federal law for persons displaced by federal programs or projects.

As added by P.L.18-1990, SEC.226.
Ind. Code § 8-1-31.6-8 — Indiana Code / Title 8 / Article 1 / Chapter 31.6 / Section 8-1-31.6-8
Inclusion of costs of customer lead service line improvements in rates of municipally owned utility
Status: in_force

Sec. 8. Subject to section 6(f) of this chapter, in the case of a water utility that is a municipally owned utility, upon the commission's approval of the water utility's plan under section 6 of this chapter, the water utility may include in the water utility's rates the costs for customer lead service line improvements that:

(1) are made, or are to be made, by the water utility;

(2) do not increase revenues by connecting to new customers, even though the plant or equipment may provide the water utility with available capacity greater than the available capacity provided to the customer before the line improvements;

(3) are or will be an extension or replacement consistent with section 9 of this chapter; and

(4) were not included on the water utility's balance sheet as plant in service in the water utility's most recent general rate case.

As added by P.L.137-2020, SEC.6. Amended by P.L.6-2024, SEC.5.
Ind. Code § 8-14-14-2 — Indiana Code / Title 8 / Article 14 / Chapter 14 / Section 8-14-14-2
"Department"
Status: in_force

Sec. 2. As used in this chapter, "department" refers to the Indiana department of transportation.

As added by P.L.47-2006, SEC.5.
Ind. Code § 8-15.5-1-1 — Indiana Code / Title 8 / Article 15.5 / Chapter 1 / Section 8-15.5-1-1
Supplemental nature of powers conferred by article
Status: in_force

Sec. 1. The powers conferred by this article are in addition and supplemental to the powers conferred by any other law. If any other law or rule is inconsistent with this article, this article is controlling as to any public-private agreement entered into under this article.

As added by P.L.47-2006, SEC.39.
Ind. Code § 8-23-10-1 — Indiana Code / Title 8 / Article 23 / Chapter 10 / Section 8-23-10-1
Qualified bidders required; exception
Status: in_force

Sec. 1. It is unlawful to award a contract to any person other than a bidder previously qualified in compliance with this chapter, except for the award of a contract for a public works project by a local unit whenever section 0.5(d) of this chapter applies.

As added by P.L.18-1990, SEC.219. Amended by P.L.144-2016, SEC.4.
Ind. Code § 8-16-1-18 — Indiana Code / Title 8 / Article 16 / Chapter 1 / Section 8-16-1-18
Indiana interstate bridge fund
Status: in_force

Sec. 18. (a) A special and distinct fund is created to be known as the Indiana interstate bridge fund. Such fund shall be:

(1) held in the name of the authority; and

(2) administered by the authority.

All expenditures therefrom shall be made by the authority.

(b) Except as provided in section 15 of this chapter, expenditures from the fund shall be made only for the purpose of:

(1) paying the cost of constructing or acquiring, by purchase or condemnation, highway bridges and the approaches thereto, which may be constructed or acquired by authority of this chapter; or

(2) paying the cost of enlarging, extending, or improving any such bridge or the approaches thereto.

The costs specified in subdivisions (1) and (2) shall include the expense of all engineering, architectural, legal, and other expert service rendered to the authority and other preliminary and incidental expenses. Such payments may be made as such costs are incurred or such services rendered.

(c) Any income from such fund or any part of the principal not pledged to the payment of bonds issued by the authority may be used for the purposes set forth in section 4 of this chapter, and the fund shall be reimbursed for any such expenditures out of the proceeds of any bonds issued for the construction or acquisition of any bridge on account of which such expenditures were made.

Formerly: Acts 1939, c.79, s.13a; Acts 1947, c.340, s.1; Acts 1963, c.274, s.2; Acts 1971, P.L.100, SEC.3. As amended by Acts 1980, P.L.74, SEC.274; P.L.109-1983, SEC.45.
Ind. Code § 8-14-15.2-14 — Indiana Code / Title 8 / Article 14 / Chapter 15.2 / Section 8-14-15.2-14
Petition by attorney general for remedies if breach of trust, violation of trust mandate, or violation of duty
Status: in_force

Sec. 14. (a) This section applies if a person does any of the following with respect to a trust created under this chapter:

(1) Commits a breach of the trust.

(2) Violates the mandate of the trust or trust agreement.

(3) Violates a duty imposed by this chapter, the trust agreement, or IC 30-4.

(b) The attorney general may petition a court to impose one (1) or more of the remedies described in IC 30-4-5.5-1.

As added by P.L.189-2018, SEC.79.
Ind. Code § 8-10-1-21 — Indiana Code / Title 8 / Article 10 / Chapter 1 / Section 8-10-1-21
Political subdivisions; lease, grant, or conveyance of property to ports of Indiana
Status: in_force

Sec. 21. All counties, cities, towns, townships, and other political subdivisions and all public agencies and commissions of the state, notwithstanding any contrary provision of law, are hereby authorized and empowered to lease, lend, grant, or convey to the ports of Indiana at its request upon such terms and conditions as the proper authorities of such counties, cities, towns, townships, other political subdivisions or public agencies and commissions of the state may deem reasonable and fair and without the necessity for an advertisement, order of court, or other action or formality, other than the regular and formal action of the authorities concerned, any real or personal property owned by any such municipality or governmental subdivision which may be necessary or convenient to the effectuation of the authorized purposes of the ports of Indiana.

Formerly: Acts 1961, c.11, s.21. As amended by P.L.224-2003, SEC.220 and P.L.271-2003, SEC.20; P.L.98-2008, SEC.31.
Ind. Code § 8-10-1-14 — Indiana Code / Title 8 / Article 10 / Chapter 1 / Section 8-10-1-14
Use of proceeds of revenue bonds; replacement of lost or destroyed bonds
Status: in_force

Sec. 14. The proceeds of the bonds of each issue shall be used solely for the payment of the cost of the port or project for which such bonds shall have been issued, and shall be disbursed in such manner and under such restrictions, if any, as the ports of Indiana may provide in the resolution authorizing the issuance of such bonds or in the trust agreement mentioned in this chapter securing the same. If the proceeds of the bonds of any issue, by error of estimates or otherwise, shall be less than such cost, additional bonds may in like manner be issued to provide the amount of such deficit, and, unless otherwise provided in the resolution authorizing the issuance of such bonds or in the trust agreement securing the same, shall be deemed to be of the same issue and shall be entitled to payment from that same fund without preference or priority of the bonds first issued. If the proceeds of the bonds of any issue shall exceed the cost of the port or project for which the same shall have been issued, the surplus shall be deposited to the credit of the sinking fund for such bonds. Prior to the preparation of definitive bonds, the ports of Indiana may, under like restrictions, issue interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when such bonds shall have been executed and are available for delivery. The ports of Indiana may also provide for the replacement of any bonds which shall become mutilated or shall be destroyed or lost. Bonds and any other instruments or the security for the bonds and other instruments that are authorized by this article may be issued under the provisions of this article without obtaining the consent of any officer, department, division, commission, board, bureau, or agency of the state, and without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, or things which are specifically required by this chapter.

Formerly: Acts 1961, c.11, s.14. As amended by P.L.66-1984, SEC.5; P.L.224-2003, SEC.214 and P.L.271-2003, SEC.14; P.L.98-2008, SEC.24.
Ind. Code § 8-1-2-34.5 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-34.5
Customer service; determination of complaints
Status: in_force

Sec. 34.5. (a) The Commission shall establish reasonable rules and regulations to govern the relations between public utilities and any or all classes of their customers. Those rules and regulations shall cover the following subjects:

(1) extension of service;

(2) extension of credit;

(3) deposits, including interest thereon;

(4) billing procedures;

(5) termination of service;

(6) complaints; and

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

(b) Notwithstanding IC 8-1-2-54, the commission may investigate and enter orders on complaints filed by individual customers arising under this section. The commission may establish an appeals division to act on its own behalf regarding individual customer complaints. The decision of the division shall be binding on all parties to the complaint. The commission shall review decisions of the appeals division upon timely request by an affected party.

(c) This section does not invalidate any rule or regulation adopted by the commission before July 1, 1979, to govern the relations between public utilities and their consumers if the rule or regulation is consistent with this section.

As added by Acts 1979, P.L.85, SEC.2.
Ind. Code § 8-14-11-7 — Indiana Code / Title 8 / Article 14 / Chapter 11 / Section 8-14-11-7
"Reconstruction" defined
Status: in_force

Sec. 7. As used in this chapter, "reconstruction" includes the resurfacing and rebuilding of a local bridge to the extent that significant structural improvements result.

As added by P.L.117-1989, SEC.1.
Ind. Code § 8-4-6-2 — Indiana Code / Title 8 / Article 4 / Chapter 6 / Section 8-4-6-2
Resolution; recordation and publication
Status: in_force

Sec. 2. It shall be the duty of said board to cause a copy of the resolutions changing the name of their road as above provided, to be recorded in the office of the recorder of the several counties through which the road may run, and also to give notice thereof by publication in some newspaper of general circulation in this state.

Formerly: Acts 1853, c.83, s.2.
Ind. Code § 8-1-31.7-18 — Indiana Code / Title 8 / Article 1 / Chapter 31.7 / Section 8-1-31.7-18
Petition to change adjustment rider
Status: in_force

Sec. 18. Except as provided in section 9.2 of this chapter, an eligible utility may, but is not required to, file a petition for a change in its initial adjustment amount not more than one (1) time in every twelve (12) months. Section 12 of this chapter applies to a petition to change an adjustment rider.

As added by P.L.137-2020, SEC.15. Amended by P.L.127-2026, SEC.9.
Ind. Code § 8-16-3.5-7 — Indiana Code / Title 8 / Article 16 / Chapter 3.5 / Section 8-16-3.5-7
Contracts of lease before completion of bridge; bond
Status: in_force

Sec. 7. (a) A county may, in anticipation of the construction of a bridge, make and enter into a contract of lease with the lessor corporation subject to the approval of the department of local government finance prior to the actual acquisition of a site and the construction of the bridge, but the contract of lease shall not provide for the payment of any lease rental by the lessee until the bridge is completed and ready for use, at which time the stipulated lease rental may begin.

(b) As a condition of entering into a lease, a county may require a lessor corporation to furnish a bond in a specified amount conditioned upon the completion of the bridge within a specified period of time.

Formerly: Acts 1975, P.L.92, SEC.2. As amended by P.L.86-1988, SEC.30; P.L.90-2002, SEC.324.
Ind. Code § 8-14-1-8 — Indiana Code / Title 8 / Article 14 / Chapter 1 / Section 8-14-1-8
Repealed
Status: repealed

Formerly: Acts 1941, c.168, s.9. Repealed by Acts 1980, P.L.74, SEC.434.
Ind. Code § 8-23-26-9 — Indiana Code / Title 8 / Article 23 / Chapter 26 / Section 8-23-26-9
Reimbursement for unnecessary relocation; approval
Status: in_force

Sec. 9. The commissioner must approve a reimbursement paid under section 7 of this chapter.

As added by P.L.63-1992, SEC.4.
Ind. Code § 8-4-17-4 — Indiana Code / Title 8 / Article 4 / Chapter 17 / Section 8-4-17-4
Repealed
Status: repealed

Formerly: Acts 1877(ss), c.31, s.4. Repealed by Acts 1975, P.L.81, SEC.2.
Ind. Code § 8-15-1-1 — Indiana Code / Title 8 / Article 15 / Chapter 1 / Section 8-15-1-1
Eligibility of bonds
Status: in_force

Sec. 1. Every financial institution, insurance company and trust fund, in addition to the investments now authorized by law, is authorized to invest any of its funds of any kind or character in any toll road revenue bonds of the state issued by the Indiana department of transportation pursuant to IC 8-15-2, and such bonds are hereby declared eligible for deposit by any financial institution, insurance company, or trust fund under any law of this state providing for the deposit of securities or funds.

Formerly: Acts 1953, c.131, s.1. As amended by Acts 1980, P.L.74, SEC.221; P.L.18-1990, SEC.127.
Ind. Code § 8-1-31.5-11 — Indiana Code / Title 8 / Article 1 / Chapter 31.5 / Section 8-1-31.5-11
Limit on system integrity adjustment; allocation
Status: in_force

Sec. 11. (a) A system integrity adjustment may not exceed the product of an eligible utility's adjustment amount multiplied by ninety-four hundredths (0.94).

(b) For purposes of the credit or recovery of an adjustment amount, a system integrity adjustment must be allocated only to an eligible utility's non-industrial rate classes.

As added by P.L.104-2016, SEC.3.
Ind. Code § 8-1-2.4-1 — Indiana Code / Title 8 / Article 1 / Chapter 2.4 / Section 8-1-2.4-1
Development of alternate energy production facilities; policy
Status: in_force

Sec. 1. It is the policy of this state to encourage the development of alternate energy production facilities, cogeneration facilities, and small hydro facilities in order to conserve our finite and expensive energy resources and to provide for their most efficient utilization.

As added by Acts 1982, P.L.72, SEC.1.
Ind. Code § 8-23-1.1-10 — Indiana Code / Title 8 / Article 23 / Chapter 1.1 / Section 8-23-1.1-10
"Changeable message sign"
Status: in_force

Sec. 10. (a) "Changeable message sign" means a sign that satisfies all of the following:

(1) The message on the sign may be changed mechanically, electronically, or by remote control.

(2) The static display on the face of the sign:

(A) does not display any copy or message that moves, appears to move, or flashes; and

(B) lasts at least eight (8) seconds.

(3) A message change takes no more than two (2) seconds.

(b) The term includes electronic billboards and trimovement signs.

As added by P.L.145-2026, SEC.37.
Ind. Code § 8-22-4-4 — Indiana Code / Title 8 / Article 22 / Chapter 4 / Section 8-22-4-4
Powers and functions
Status: in_force

Sec. 4. The airport authority may:

(1) operate and conduct an airport;

(2) operate farming operations on real estate appurtenant to the airport;

(3) exercise the power of eminent domain in accordance with the statutes of the state in which the airport is located;

(4) maintain, operate, and extend water and sewer systems on the land appurtenant to the airport, and make and collect charges for services;

(5) construct and lease industrial and aviation buildings on the land appurtenant to the airport;

(6) lease land owned by a combining governmental unit suitable for an airport facility for a term of not less than ninety-nine (99) years;

(7) secure expert guidance on the development of an area air facility so that the interests of the area are best served and implement that development under the statutes of the party states;

(8) establish and fix by ordinance a restricted zone for distances in any direction from the boundaries of the airport facility that is necessary and practicable, regulating the height of structures to provide free air space for access by aircraft and for the safe use of the airport, all in accordance with the statutes of the party state in which the airport is located;

(9) accept, receive, and receipt for federal monies and other monies, public or private, for the acquisition, construction, enlargement, improvement, maintenance, equipment, or operation of airports, other air navigation facilities, and sites for them;

(10) buy and sell machinery for aviation purposes; and negotiate and contract for personal services, materials and supplies; whenever personal property is to be purchased or sold, there must be due notice and competitive bidding as required by the statutes of the state in which the airport is located; and

(11) perform all functions and do all acts that are necessary to the total development of a commercial and industrial air facility, in accordance with the laws of the party states.

[Pre-Local Government Recodification Citation: 19-6-5-4.]

As added by Acts 1980, P.L.8, SEC.73.
Ind. Code § 8-4-7-10 — Indiana Code / Title 8 / Article 4 / Chapter 7 / Section 8-4-7-10
Vacation of street or alley
Status: repealed

Sec. 10. (a) If any union railway company in carrying out the powers granted by this chapter considers it necessary that any part of a street, avenue, or alley in a town or city in which the union railway is situated should be vacated, it is lawful for the executive and legislative body of the town, or the legislative body of the city, as the case may be, to vacate any part of any street, avenue, or alley of the town or city for the purposes of this chapter.

(b) As a basis of the vacation, the union railway company shall present to and file with the proper municipal body or bodies of the town or city its petition, setting forth a description of the part of the street, avenue, or alley proposed to be vacated, and the purpose for which the ground is proposed to be used. There must be appended to the petition, as a part of the basis of the vacation, the written consent to the granting of the prayer of such petition of the owners in fee simple of more than one-half (1/2) of the real estate fronting on both sides of the street or alley, which, or part of which, is proposed to be vacated, estimated by the frontage in feet upon the street or alley, commencing at a line drawn across the street or alley equidistant from the termini of that portion of the street or alley proposed to be vacated, and extending along the street or alley from the line one thousand five hundred (1,500) feet in each direction, unless the street, avenue, or alley is not continuous in either direction from the line one thousand five hundred (1,500) feet, in which case, the consent of owners shall only be required for the distance that it is continuous.

(c) Before granting the prayer of the petition, the municipal body or bodies shall ascertain and determine that the consent of the owners of the requisite number of front feet has been obtained and the finding shall be made a matter of record, and is conclusive of the facts so found in all collateral proceedings.

(d) Before the petition is presented, twenty (20) days notice shall be given by the union railway company, by publication, by three (3) insertions in two (2) newspapers of general circulation printed and published in the town or city in which the union railway may be situated, setting forth that on a day, to be named in the notice, or at the next meeting thereafter of the municipal body or bodies, a petition for the vacation of the portion of the street or alley in question, describing it, will be presented to the municipal body or bodies for action.

Formerly: Acts 1885, c.20, s.10. As amended by P.L.62-1984, SEC.52; P.L.8-1989, SEC.50; P.L.136-2018, SEC.90.
Ind. Code § 8-2.1-19.3-4 — Indiana Code / Title 8 / Article 2.1 / Chapter 19.3 / Section 8-2.1-19.3-4
Disclosures concerning motor vehicle insurance coverage
Status: in_force

Sec. 4. A DNC shall, before the DNC allows a DNC driver to engage in delivery services on the DNC's digital network, disclose in writing to the DNC driver all the following:

(1) The motor vehicle insurance coverage, including the types of coverage and limits of liability for each type of coverage, that the DNC provides while the DNC driver uses a personal vehicle in connection with a DNC's digital network.

(2) That the terms of the DNC driver's own motor vehicle insurance policy may not provide coverage during the:

(A) delivery available period; or

(B) delivery service period.

As added by P.L.215-2023, SEC.10.
Ind. Code § 8-23-9-33 — Indiana Code / Title 8 / Article 23 / Chapter 9 / Section 8-23-9-33
Claims against contractors; additional remedy
Status: in_force

Sec. 33. In addition to the remedy given in sections 26 through 31 of this chapter, a person, firm, limited liability company, or corporation may proceed against a contractor and surety as provided by section 10 of this chapter.

As added by P.L.18-1990, SEC.218. Amended by P.L.8-1993, SEC.157.
Ind. Code § 8-15.7-2-20 — Indiana Code / Title 8 / Article 15.7 / Chapter 2 / Section 8-15.7-2-20
"Tollway"
Status: in_force

Sec. 20. "Tollway" has the meaning set forth in IC 8-15-3-7.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-23-1.1-44 — Indiana Code / Title 8 / Article 23 / Chapter 1.1 / Section 8-23-1.1-44
"Unzoned commercial or industrial area"
Status: in_force

Sec. 44. (a) "Unzoned commercial or industrial area" means an adjacent area not zoned under state or local statute, rule, or ordinance on which there is located one (1) or more permanent structures for commercial or industrial activities other than a sign or upon which a commercial or an industrial activity is actually conducted, whether or not there is a permanent structure located upon the adjacent area, and the area:

(1) extending six hundred (600) feet beyond the edge of the commercial or industrial activity as determined under subsection (c); and

(2) located along either side of an interstate or a primary highway.

The term does not include land contiguous to an interstate or a primary highway that has been designated as scenic by the state.

(b) The term does not include the following areas:

(1) Within three hundred (300) feet of a building used primarily as a residence, unless the owner of the building consents in writing to the particular commercial use.

(2) Within five hundred (500) feet of the following:

(A) A public park garden.

(B) A recreation area or forest preserve.

(C) A church or school.

(D) An officially designated historic battlefield, museum, or historical monument.

(E) A safety rest or recreation area, publicly owned, controlled, and maintained under 23 U.S.C. 319.

(F) A sanitary or other facility for the accommodation of motorists, publicly owned, controlled, and maintained under 23 U.S.C. 319.

(3) Within seven hundred fifty (750) feet of a strip of land in which an interest has been acquired by the state for the restoration, preservation, or enhancement of scenic beauty that is publicly controlled and maintained under 23 U.S.C. 319.

(c) Distance from a commercial or an industrial activity described under subsection (a):

(1) must be:

(A) measured from the outer edges of the regularly used building, parking lot, storage areas, or processing areas of the commercial or industrial activity; and

(B) parallel to the edge of the pavement of the highway; and

(2) may not be measured from the property line of the commercial or industrial activity, unless the property line is located on an area described in subdivision (1)(A).

As added by P.L.145-2026, SEC.37.
Ind. Code § 8-21-11-4 — Indiana Code / Title 8 / Article 21 / Chapter 11 / Section 8-21-11-4
Grant fund; revolving loan fund; administration
Status: in_force

Sec. 4. (a) The airport development grant fund and the airport development revolving loan fund are established for the purposes of this chapter. The department shall administer the two (2) funds.

(b) The department shall pay the expenses of administering the funds.

(c) The treasurer of state shall invest the money in each 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 that earns the interest.

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

As added by P.L.34-1990, SEC.2.
Ind. Code § 8-3-2-10 — Indiana Code / Title 8 / Article 3 / Chapter 2 / Section 8-3-2-10
Coal cars; failure to furnish; forfeiture
Status: in_force

Sec. 10. A carrier that fails, neglects, or refuses to deliver to a coal mine operator on its line empty coal cars for use at the mine in accordance with this chapter and the rules of the Indiana department of transportation adopted under this chapter shall forfeit to the coal mine operator the sum of two dollars ($2) per day for each car for each day, or major part thereof, that the car remains undelivered.

Formerly: Acts 1907, c.231, s.10. As amended by P.L.62-1984, SEC.21; P.L.384-1987(ss), SEC.38; P.L.18-1990, SEC.46.
Ind. Code § 8-21-12-19 — Indiana Code / Title 8 / Article 21 / Chapter 12 / Section 8-21-12-19
Airports and landing fields; establishment; tax exemption
Status: in_force

Sec. 19. (a) The acquisition, establishment, construction, improvement, equipment, maintenance, control, and operation of airports and landing fields for aircraft under this chapter is a governmental function of general public necessity and benefit, and is for the use and general welfare of all the people of the state.

(b) Notwithstanding any other statute, the leasehold estate of any lessee created pursuant to a lease by the authority of the authority's aviation related property or facilities, together with any permanent structure erected on the property by the lessee is exempt from property taxation.

As added by P.L.28-1991, SEC.2.
Ind. Code § 8-23-4-7 — Indiana Code / Title 8 / Article 23 / Chapter 4 / Section 8-23-4-7
Cooperation of director with executives and municipalities
Status: in_force

Sec. 7. The state aid director shall cooperate with the executives and municipalities to ensure coordination and continuity between all systems.

As added by P.L.18-1990, SEC.213.
Ind. Code § 8-2.1-28-5 — Indiana Code / Title 8 / Article 2.1 / Chapter 28 / Section 8-2.1-28-5
Repealed
Status: repealed

As added by P.L.218-2017, SEC.60. Amended by P.L.93-2024, SEC.78. Repealed by P.L.1-2025, SEC.125.
Ind. Code § 8-1-37-9 — Indiana Code / Title 8 / Article 1 / Chapter 37 / Section 8-1-37-9
"Regional transmission organization"
Status: in_force

Sec. 9. As used in this chapter, "regional transmission organization", with respect to an electricity supplier, refers to the regional transmission organization approved by the Federal Energy Regulatory Commission for the control area that includes the electricity supplier's assigned service area (as defined in IC 8-1-2.3-2).

As added by P.L.150-2011, SEC.16.
Ind. Code § 8-16-3-2 — Indiana Code / Title 8 / Article 16 / Chapter 3 / Section 8-16-3-2
Repealed
Status: repealed

Formerly: Acts 1951, c.299, s.2. As amended by Acts 1981, P.L.11, SEC.56; P.L.86-1988, SEC.19. Repealed by P.L.17-1995, SEC.45.
Ind. Code § 8-23-3-5 — Indiana Code / Title 8 / Article 23 / Chapter 3 / Section 8-23-3-5
Duties of agencies
Status: in_force

Sec. 5. An agency shall do the following:

(1) Use a grant described in section 1 of this chapter only for the purposes set out and approved by the board in the grant application.

(2) Report to the department all expenditures from a grant described in section 1 of this chapter.

As added by P.L.18-1990, SEC.212.
Ind. Code § 8-1-40.5-17 — Indiana Code / Title 8 / Article 1 / Chapter 40.5 / Section 8-1-40.5-17
Effect of securitization bonds on tax liability; liability of successor for securitization bonds, charges, and property; assignee or financing party not considered an electric utility
Status: in_force

Sec. 17. (a) The acquisition, ownership, and disposition of any direct interest in any securitization bond shall not be taken into account in determining whether a person is subject to any income tax, franchise tax, business activities tax, intangible property tax, excise tax, stamp tax, or any other tax imposed by the state or by any political subdivision of the state.

(b) Any successor to an electric utility, whether that person becomes a successor as a result of any:

(1) bankruptcy, reorganization, or other insolvency proceeding; or

(2) merger, acquisition, sale, or transfer;

shall, by operation of law, perform and satisfy all obligations of the electric utility under this chapter in the same manner and to the same extent as the electric utility would have been obligated to perform and satisfy before the event described in subdivision (1) or (2), including collecting and paying revenues arising with respect to the securitization property to persons entitled to those revenues.

(c) An assignee or financing party is not considered to be an electric utility solely by virtue of any transactions described in this chapter.

As added by P.L.80-2021, SEC.1.
Ind. Code § 8-23-20.5-5 — Indiana Code / Title 8 / Article 23 / Chapter 20.5 / Section 8-23-20.5-5
Removal of outdoor advertising sign
Status: in_force

Sec. 5. The following apply to the removal of an outdoor advertising sign:

(1) The removal of an outdoor advertising sign by the outdoor advertising sign's owner to allow for construction may not be considered a waiver of the owner's rights under this chapter.

(2) An outdoor advertising sign must be removed by the owner once the amount of damages assessed in the appraisal is deposited with the court pursuant to IC 32-24-1-10.

(3) If the outdoor advertising sign is removed by the owner, the owner is responsible for the cost of the removal, subject to assistance provided under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601-4655).

(4) If an outdoor advertising sign is removed by the condemnor, the condemnor is responsible for the cost of the removal.

As added by P.L.97-2022, SEC.4.
Ind. Code § 8-1-29-3 — Indiana Code / Title 8 / Article 1 / Chapter 29 / Section 8-1-29-3
"Telecommunications provider" defined
Status: in_force

Sec. 3. As used in this chapter, "telecommunications provider" means a person that provides telecommunications service.

As added by P.L.92-1998, SEC.2.
Ind. Code § 8-1-41-1 — Indiana Code / Title 8 / Article 1 / Chapter 41 / Section 8-1-41-1
Applicability; "wind energy ready community"
Status: in_force

Sec. 1. (a) Except as provided in subsections (b) and (c), and subject to IC 36-7-4-1109 and section 9 of this chapter, the standards set forth in sections 10 through 16 of this chapter, or standards less restrictive than the standards set forth in sections 10 through 16 of this chapter, apply to a project owner that, after June 30, 2022, files an initial application for a project to install or locate one (1) or more wind power devices in a unit that qualifies as a wind energy ready community under subsection (d).

(b) Subject to a unit's planning and zoning powers under IC 36-7, this chapter does not apply to a property owner that seeks to install a wind power device on the property owner's premises for the purpose of generating electricity to meet or offset all or part of the need for electricity on the premises, whether through distributed generation, participation in a net metering program offered by an electricity supplier (as defined in IC 8-1-40-4), or otherwise.

(c) Unless a standard set forth in sections 10 through 16 of this chapter is already agreed to before July 1, 2022, by the parties involved, the standard does not:

(1) apply to any proposal, request, or application that:

(A) concerns the permitting, construction, installation, siting, modification, operation, or decommissioning of one (1) or more wind power devices in a unit;

(B) is submitted by a project owner to a unit before July 1, 2022; and

(C) is pending approval or has been approved as of July 1, 2022;

as set forth in IC 36-7-4-1109;

(2) affect the:

(A) permitting;

(B) construction;

(C) installation;

(D) siting;

(E) modification;

(F) operation; or

(G) decommissioning;

of one (1) or more wind power devices in a unit that before July 1, 2022, has approved such permitting, construction, installation, siting, modification, operation, or decommissioning; or

(3) affect any:

(A) economic development agreement; or

(B) other agreement;

entered into before July 1, 2022, with respect to the permitting, construction, installation, siting, modification, operation, or decommissioning of one (1) or more wind power devices in one (1) or more units.

(d) As used in this section, "wind energy ready community" means a unit that has voluntarily adopted:

(1) the standards set forth in sections 10 through 16 of this chapter; or

(2) standards less restrictive than the standards set forth in sections 10 through 16 of this chapter.

As added by P.L.90-2022, SEC.1.
Ind. Code § 8-1-46-6 — Indiana Code / Title 8 / Article 1 / Chapter 46 / Section 8-1-46-6
"Electricity supplier"
Status: in_force

Sec. 6. (a) As used in this chapter, "electricity supplier" means a public utility (as defined in IC 8-1-2-1(a)) that:

(1) furnishes retail electric service to customers in Indiana; and

(2) is under the jurisdiction of the commission for the approval of rates and charges.

(b) The term does not include:

(1) a municipally owned utility (as defined in IC 8-1-2-1(h));

(2) a corporation organized under IC 8-1-13; or

(3) a corporation organized under IC 23-17 that is an electric cooperative and that has at least one (1) member that is a corporation organized under IC 8-1-13.

As added by P.L.36-2026, SEC.10.
Ind. Code § 8-20-1-9 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-9
Repealed
Status: repealed

Formerly: Acts 1905, c.167, s.9. As amended by P.L.353-1983, SEC.9. Repealed by P.L.86-1988, SEC.227.
Ind. Code § 8-8-7-7 — Indiana Code / Title 8 / Article 8 / Chapter 7 / Section 8-8-7-7
Investigation, safety, and efficiency factors
Status: in_force

Sec. 7. The Indiana department of transportation shall investigate the conditions and efficiency of cabooses in use on the railroads in this state, and, if found upon investigation, that it is impossible for a railroad company to comply with sections 2 through 6 of this chapter, the department may grant to the company the right to construct a caboose which, in their judgment, will be safe and convenient for the employees and traveling public. The department may not grant the permission of any railroad company for constructing a caboose that has less than two (2) four-wheel trucks.

Formerly: Acts 1911, c.60, s.7. As amended by P.L.384-1987(ss), SEC.84; P.L.18-1990, SEC.93.
Ind. Code § 8-15.5-13-4 — Indiana Code / Title 8 / Article 15.5 / Chapter 13 / Section 8-15.5-13-4
"Officer"
Status: in_force

Sec. 4. As used in this chapter, "officer" refers only to either of the following:

(1) An individual listed as an officer of a corporation in the corporation's most recent annual report.

(2) An individual who is a successor to an individual described in subdivision (1).

As added by P.L.47-2006, SEC.39.
Ind. Code § 8-16-3.5-3 — Indiana Code / Title 8 / Article 16 / Chapter 3.5 / Section 8-16-3.5-3
Corporate leases
Status: in_force

Sec. 3. Any county may enter into a contract of lease under the provisions of this chapter with any (profit or not-for-profit) corporation organized under the laws of the state or duly admitted to do business in the state.

Formerly: Acts 1975, P.L.92, SEC.2. As amended by P.L.86-1988, SEC.25.
Ind. Code § 8-1-2-8 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-8
Valuation of property; expenses; orders
Status: in_force

Sec. 8. (a) The commission, within five (5) days after any such valuation is determined, shall deliver a written statement thereof to the public utility interested and a copy thereof to the clerk of each municipality in which any part of the plant or equipment of such utility is located. In such statement, the commission shall declare and fix the reasonable and necessary expenses incurred by it in making such valuation, and, within twenty (20) days thereafter, the utility shall pay into the treasury of the state the amount of the expenses so declared and fixed.

(b) The commission shall not make any order, based on any such valuation, increasing any rate of any public utility until such expenses have been paid. All such moneys paid into the treasury of the state are hereby appropriated to the commission until and including September 30, 1925, to defray its expenses until said date and thereafter shall be paid into the general fund of the state.

Formerly: Acts 1913, c.76, s.11; Acts 1925, c.63, s.1. As amended by P.L.23-1988, SEC.22.
Ind. Code § 8-4-33-2 — Indiana Code / Title 8 / Article 4 / Chapter 33 / Section 8-4-33-2
Failure of railroad to construct; construction by abutting landowner; compelling payment by railroad
Status: in_force

Sec. 2. If such railroad corporation, lessee, assignee, receiver or other person or corporation aforesaid neglect or refuse to construct such fence, barriers or cattle-guards as provided in the preceding section, the owner of any lands abutting on the land or right of way of said railroad shall have the right (after giving thirty (30) days' notice in writing of his intention so to do, to be served upon the nearest freight receiving and shipping agent employed by the company or person controlling and operating said railroad), to enter upon the land, right of way and track of said railroad, and may build, erect and construct such fences, barriers and cattle-guards as therein provided for, so far as the lands of such landowner abuts on the land and right of way of such railroad, and when he has completed the same, he may present for payment to the agent of such corporation or person controlling and operating such road at the nearest shipping station to the tract of land so fenced, an itemized statement, verified by the affidavit of such person, or his agent, of the expenses thereof, including material and labor, and if such corporation or person so operating said road neglects or refuses for sixty (60) days to pay said account, such landowner may recover, in any court of competent jurisdiction, the reasonable value of such fence, barrier and cattle-guards from said corporation or person operating the same, together with reasonable attorney's fees: Provided, however, If such railroad corporation or other person operating the same, so liable for the value of such fence, cattle-guards and barriers, shall, within said sixty (60) days, make a tender of a sum of money to such person in satisfaction of such claim or liability against such corporation or person, and such person to whom such tender is made shall refuse to accept the same in satisfaction of such claim, and shall sue for the recovery of the value of such fence, barriers and cattle-guards, and shall not recover more than the amount so tendered, he shall not in such action recover attorney's fees.

Formerly: Acts 1885(ss), c.91, s.2.
Ind. Code § 8-14.5-2-9 — Indiana Code / Title 8 / Article 14.5 / Chapter 2 / Section 8-14.5-2-9
Project
Status: in_force

Sec. 9. "Project" means any:

(1) express highway;

(2) superhighway;

(3) state highway;

(4) public highway;

(5) road;

(6) street;

(7) motorway;

(8) bridge;

(9) tunnel;

(10) overpass;

(11) underpass;

(12) interchange;

(13) entrance;

(14) approach; or

(15) other public way;

that the authority considers necessary or desirable for the operation of transportation systems. "Project" includes all land, rights-of-way, property, rights, easements, materials, and legal or equitable interests that may be acquired by the authority for the construction of the project.

As added by P.L.68-1988, SEC.12.
Ind. Code § 8-4-32-7 — Indiana Code / Title 8 / Article 4 / Chapter 32 / Section 8-4-32-7
Applicability to fenced property
Status: in_force

Sec. 7. This chapter shall not apply to any railroad securely fenced in, and such fence properly maintained by such company, lessee, assignee, receiver, or other person running the same.

Formerly: Acts 1863, c.25, s.7. As amended by P.L.62-1984, SEC.88.
Ind. Code § 8-1-32-3 — Indiana Code / Title 8 / Article 1 / Chapter 32 / Section 8-1-32-3
"Health agency" defined
Status: in_force

Sec. 3. As used in this chapter, "health agency" refers to either of the following:

(1) The Indiana department of health.

(2) A local health department (as defined in IC 16-18-2-211).

As added by P.L.94-2000, SEC.2. Amended by P.L.56-2023, SEC.54.
Ind. Code § 8-16-1-12 — Indiana Code / Title 8 / Article 16 / Chapter 1 / Section 8-16-1-12
Control over bridges
Status: in_force

Sec. 12. The authority shall:

(1) operate, maintain, manage, and control such bridges in their entirety;

(2) fix the rate of tolls;

(3) establish bylaws and, under IC 4-22-2, rules and regulations for the use and operation of said bridges; and

(4) select such employees as it deems necessary and fix their compensation.

Formerly: Acts 1939, c.79, s.8. As amended by Acts 1980, P.L.74, SEC.268; P.L.109-1983, SEC.39.
Ind. Code § 8-1-31.5-9 — Indiana Code / Title 8 / Article 1 / Chapter 31.5 / Section 8-1-31.5-9
"System integrity adjustment"
Status: in_force

Sec. 9. As used in this chapter, "system integrity adjustment" means an amount charged by an eligible utility to allow the automatic adjustment of the eligible utility's basic rates and charges to recover from or credit to customers an adjustment amount.

As added by P.L.104-2016, SEC.3.
Ind. Code § 8-15-2-20 — Indiana Code / Title 8 / Article 15 / Chapter 2 / Section 8-15-2-20
Study of toll road projects
Status: in_force

Sec. 20. (a) The department shall expend out of any funds available for the purpose such money as may be necessary for the study of any toll road project or projects and to use its engineering and other forces, including consulting engineers and traffic engineers, for the purpose of effecting such study.

(b) All such expenses incurred by the department before the issuance of toll road revenue bonds under the provisions of this chapter shall be paid by the department and charged to the appropriate toll road project or projects, and the department shall keep proper records and accounts showing each amount so charged.

(c) Upon the sale of toll road revenue bonds for any project or projects, the fund so expended by the department in connection with such project or projects shall be reimbursed to the department from the proceeds of bonds. If any project or projects for which a study has been made is abandoned for any reason, then the costs of any such study or studies shall be paid out of any uncommitted funds of the authority, and if not so paid, the cost of any such study or studies shall be included in any subsequent issue of bonds for any other project or projects unless such inclusion would so increase the amount of bonds to be issued that in the judgment of the authority such inclusion would render the bonds unsaleable.

(d) In conducting any study of the feasibility of a toll road project, the department shall include an investigation of the economic effect of the construction of a highway on the communities served by that highway. The department shall determine the extent of the economic enhancement that would result from the construction of a toll road project for the purpose of quantifying the enhancement.

Formerly: Acts 1951, c.281, s.20; Acts 1971, P.L.99, SEC.7. As amended by Acts 1980, P.L.74, SEC.253; P.L.109-1983, SEC.26; P.L.68-1988, SEC.14.
Ind. Code § 8-4.5-1-2 — Indiana Code / Title 8 / Article 4.5 / Chapter 1 / Section 8-4.5-1-2
"Applicant"
Status: in_force

Sec. 2. "Applicant" refers to an applicant for a grant under IC 8-4.5-5.

As added by P.L.40-1995, SEC.3.
Ind. Code § 8-1-31.6-15 — Indiana Code / Title 8 / Article 1 / Chapter 31.6 / Section 8-1-31.6-15
Resetting of adjustment amount after increase in basic rates and charges for municipally owned utility
Status: in_force

Sec. 15. A municipally owned utility's adjustment rider approved under sections 10 and 12 of this chapter shall be reset to zero (0) upon the approval of new basic rates and charges for the utility by the commission in a general rate case in which the customer lead service line improvements are included in the utility's rate base.

As added by P.L.137-2020, SEC.13.
Ind. Code § 8-4-14-7 — Indiana Code / Title 8 / Article 4 / Chapter 14 / Section 8-4-14-7
Powers and duties
Status: in_force

Sec. 7. Any railroad company incorporated under the provisions of this chapter, shall have the power and authority to acquire, by purchase or contract, the road, road bed, real and personal property, rights, and franchises, of any other railroad corporation or corporations which may cross or intersect the line of such railroad company, or any part of same, or the use and enjoyment thereof, in whole or in part, and may also purchase or contract for the use and enjoyment, in whole or in part, of any railroad or railroads, lying within adjoining states, may assume such of the debts and liabilities of such corporations as may be deemed proper; and upon purchasing any such railroad or railroads, all the real and personal property of such corporations, so purchased, and also the rights, powers, and franchises of the same, shall become vested in the railroad company so purchasing the same, together with all the rights, powers, privileges, and franchises conferred by the charter of the roads so purchased and all amendments thereto and the provisions of this chapter, and the company so purchasing or acquiring the title to, or use of such railroad or railroads shall have power to complete, maintain, and operate the same. Any railroad company incorporated under the provisions of this chapter shall also have power to consolidate with other railroad corporations in the continuous line, either within or without this state, upon such terms as may be agreed upon by the corporations owning the same; and also shall have the power and authority to construct, equip, maintain, and operate branch railroads leading from the main line or from the termini of such railroad, from and to such points, with this state or any adjoining state, as may be deemed expedient, and in constructing the same shall have the right to enter in, and upon all lands, to survey routes, receive donations of lands or moneys, purchase, and condemn lands required for the use of the road, lay single or double tracks, to cross all watercourses and public highways, not unnecessarily obstructing the same, and in condemning lands for the use of such roads shall have all of the rights and powers conferred upon such corporations by their charters, and amendments and the general laws of this state, and all railroads purchased, and branch roads constructed as aforesaid, shall be vested in and become a part of the property of the corporation so purchasing or constructing the same, as aforesaid, and shall be in all things governed by the laws, rules, and regulations governing the corporation, purchasing or constructing the same as aforesaid, and be operated as part of its line of road upon purchasing or constructing any railroad as provided in this chapter, the corporation purchasing or constructing the same, shall have power and authority to issue new stock to such extent as may be considered advisable, and the same to dispose of, as provided in this chapter, and to issue and sell bonds to such extent as may be deemed expedient, and to secure the same by mortgages and deeds of trust upon all the real and personal property, rights, powers, and franchises of any railroad so purchased, constructed, or in course of construction as provided in this chapter; provided, that the provisions of this chapter shall not be so construed as to authorize any railroad company organizing under the same to consolidate with or acquire by contract or purchase the road, road bed, real and personal property, rights, and franchises of any railroad already built, equipped, and operated within the state of Indiana and which may cross or intersect the line of the road of any company organized under this chapter, but the powers of consolidation and purchase are hereby limited and restricted to such roads within the state of Indiana as may cross and intersect the same and which have not been equipped and operated in whole or in part.

Formerly: Acts 1945, c.202, s.7. As amended by P.L.62-1984, SEC.69.
Ind. Code § 8-17-1-41 — Indiana Code / Title 8 / Article 17 / Chapter 1 / Section 8-17-1-41
Plans and specifications; bonds
Status: in_force

Sec. 41. (a) The plans and specifications must include all bridges, culverts, and approaches.

(b) The amount of the bonds must be enough to cover the expense of bridges, culverts, and approaches, and the contract, when executed, shall include that expense.

Formerly: Acts 1919, c.112, s.41. As amended by P.L.66-1984, SEC.94; P.L.86-1988, SEC.103; P.L.113-1989, SEC.7.
Ind. Code § 8-23-23-4 — Indiana Code / Title 8 / Article 23 / Chapter 23 / Section 8-23-23-4
Hoosier High Point
Status: in_force

Sec. 4. (a) The point of highest elevation in Indiana is designated as "Hoosier High Point."

(b) The department shall erect and maintain signs to inform persons using the state highway system of the:

(1) location of; and

(2) way to;

the point of highest elevation in Indiana. The commissioner shall determine the design, the number, and the location of the signs required by this subsection.

(c) The location of the point of highest elevation in Indiana shall be indicated on each state highway map prepared by the department.

As added by P.L.113-1993, SEC.1.
Ind. Code § 8-1-3-10 — Indiana Code / Title 8 / Article 1 / Chapter 3 / Section 8-1-3-10
Questions of law; certification by commission
Status: in_force

Sec. 10. The commission, of its own motion, may certify questions of law to the court of appeals for a decision and determination.

Formerly: Acts 1957, c.189, s.10. As amended by P.L.3-1989, SEC.56.
Ind. Code § 8-2-6-3 — Indiana Code / Title 8 / Article 2 / Chapter 6 / Section 8-2-6-3
Records; inspection
Status: in_force

Sec. 3. The carrier shall keep a copy of the notice, a copy of the sale-bill, and the expenses thereof proportioned to each article sold, and also the oath of the claimant of the residue of the proceeds as aforesaid; and shall furnish an inspection of the same, and, if required, copies thereof, to any one, on payment of the proper charges therefor.

Formerly: Acts 1865(ss), c.97, s.3.
Ind. Code § 8-1-11.1-3.5 — Indiana Code / Title 8 / Article 1 / Chapter 11.1 / Section 8-1-11.1-3.5
Retirement, survivor, or other benefits; increase
Status: in_force

Sec. 3.5. (a) Every person who is receiving retirement benefits, survivor benefits or other benefits from any fund or funds established by, or under the authority of, the board of directors for utilities of the department of public utilities may have such retirement benefits, survivor benefits or any other benefits increased by an amount not to exceed two dollars ($2) per month for each year of active service prior to retirement. Such increase may be made if the board of directors for utilities of the department of public utilities shall by resolution so provide which said board of directors is hereby given power to do.

(b) Any person who is receiving a retirement, survivor or other benefit which commenced prior to January 1, 1976, shall receive such increased retirement benefits, survivor benefits or other benefits as long as he or she shall live.

[Pre-Local Government Recodification Citation: 19-3-24-3.5.]

As added by Acts 1981, P.L.11, SEC.43.
Ind. Code § 8-1-17-18.1 — Indiana Code / Title 8 / Article 1 / Chapter 17 / Section 8-1-17-18.1
Repealed
Status: repealed

As added by P.L.3-2008, SEC.71. Repealed by P.L.1-2010, SEC.156.
Ind. Code § 8-1-46.1-2 — Indiana Code / Title 8 / Article 1 / Chapter 46.1 / Section 8-1-46.1-2
"Fats, oils, and grease" or "FOG"
Status: in_force

Sec. 2. As used in this chapter, "fats, oils, and grease" or "FOG" means any organic substance derived from animal or vegetable sources that may:

(1) solidify;

(2) congeal; or

(3) become viscous at ambient temperatures;

and can obstruct, accumulate, or interfere in a wastewater collection or a sewer system.

As added by P.L.95-2026, SEC.1.
Ind. Code § 8-2-16-1 — Indiana Code / Title 8 / Article 2 / Chapter 16 / Section 8-2-16-1
Valuation of property
Status: in_force

Sec. 1. (a) Within one (1) year after the opening for public use of any interstate bridge, the construction of which is authorized by any law of the state, regardless of the state agency, commission, or administrative body authorized to make such construction, the state agency, commission or administrative body so authorized to construct, operate, and maintain any interstate bridge shall purchase the ferry, equipment, real estate or interests therein, franchises, rights, and privileges used in connection with the operation of any ferry which has been in continuous operation for at least fifteen (15) years prior thereto and which is located within ten (10) miles of the site of the bridge, and pay the owner therefor a fair cash value. If the agency, commission, or administrative body and the owner of the ferry shall be unable to agree upon a fair cash value, the valuation of the property shall be determined in the manner provided by law for the condemnation of property for appropriate county purposes by counties. In the event the owner of the ferry shall not agree to the establishment of the valuation according to the foregoing method, then the agency, commission, or administrative body shall not be required to purchase the assets from the owner of the ferry.

(b) In the event that any agency, commission, or administrative body shall purchase any ferry, equipment, or real estate or interests therein, they shall forthwith proceed to have appraised and to sell the ferry, equipment, and real estate or rights. After the appraisal and proposed sale of the property, it shall be first offered for sale for a period of not less than ninety (90) days to the local, county, or municipal unit of government in which the ferry, equipment, and real estate or rights therein are situated.

Formerly: Acts 1961, c.334, s.1. As amended by Acts 1978, P.L.56, SEC.1; P.L.18-1990, SEC.29.
Ind. Code § 8-23-9.5-14 — Indiana Code / Title 8 / Article 23 / Chapter 9.5 / Section 8-23-9.5-14
"Request for proposals"
Status: in_force

Sec. 14. As used in this chapter, "request for proposals" refers to the process by which the department solicits persons to provide services as a CMGC or PDB under this chapter.

As added by P.L.60-2023, SEC.2.
Ind. Code § 8-23-20-11 — Indiana Code / Title 8 / Article 23 / Chapter 20 / Section 8-23-20-11
Payment of compensation
Status: in_force

Sec. 11. Compensation under section 10 of this chapter shall be paid to a person entitled to compensation upon the presentation to the department of information that the department requires. The claim for compensation must be filed within one hundred eighty (180) days after the removal is completed. The state's share of the compensation shall be paid from funds appropriated under this section.

As added by P.L.18-1990, SEC.229.
Ind. Code § 8-5-15-4 — Indiana Code / Title 8 / Article 5 / Chapter 15 / Section 8-5-15-4
Board; powers; meetings; compensation
Status: in_force

Sec. 4. (a) The board may exercise the executive and legislative power of the district as provided by this chapter.

(b) The board shall hold regular meetings, to be held not less than four (4) times a year, and shall keep its meetings open to the public.

(c) The members of the board are entitled to reimbursement for traveling expenses and other expenses incurred in connection with the members' duties, subject to state travel policies and procedures established by the state budget agency, to be paid by the district.

(d) A majority of the members appointed to the board constitutes a quorum for a meeting. The affirmative votes of a majority of the members are necessary for any action to be taken by the board.

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

As added by Acts 1980, P.L.8, SEC.68. Amended by P.L.385-1987(ss), SEC.4; P.L.108-2019, SEC.149.
Ind. Code § 8-1.5-6-7 — Indiana Code / Title 8 / Article 1.5 / Chapter 6 / Section 8-1.5-6-7
Resolution of service dispute
Status: in_force

Sec. 7. (a) This section applies if:

(1) a municipality adopts a regulatory ordinance before January 1, 2013;

(2) a dispute arises or exists between a utility owned by the municipality and another utility as to which utility provides service to customers that connected to service provided by one (1) of the utilities:

(A) after the date on which the regulatory ordinance was adopted; and

(B) before March 15, 2014; and

(3) the utilities are unable to resolve a dispute described in subdivision (2) through mutual agreement.

(b) Not later than October 1, 2014, a utility shall petition the commission for resolution of the dispute. The petition must be in the form and manner prescribed by the commission. Upon the filing of the petition, the commission shall assume immediate and exclusive jurisdiction over the utilities for purposes of resolving the dispute.

(c) Upon assuming jurisdiction under subsection (b) and after notice and hearing, the commission shall issue an order resolving all issues presented in the petition described in subsection (b), including determining the manner in which the utilities shall provide service to the customers that are the subject of the dispute, in the manner that the commission determines is in the public interest. In making the determination, the commission shall consider the criteria set forth in section 8(g) of this chapter. The commission shall issue the order within three hundred (300) days after the petition described in subsection (b) is filed.

As added by P.L.213-2014, SEC.7.
Ind. Code § 8-1-11.1-2 — Indiana Code / Title 8 / Article 1 / Chapter 11.1 / Section 8-1-11.1-2
Board of directors; appointment of officers; compensation; meetings; employee bonds
Status: in_force

Sec. 2. (a) The members of such board of directors for utilities shall hold a meeting on the second Monday of January of each year for the purpose of organization and to elect officers for the ensuing year. They shall choose one (1) of their members president, another vice-president, another secretary, and another treasurer, who shall perform the duties usually pertaining to those offices. Such officers so chosen shall serve from the date of their election until their successors are duly elected and qualified.

(b) The members of such board of directors for utilities shall each be paid a salary for their services as such directors at the rate of six hundred dollars ($600) per annum during the period of service. A majority of the members of said board of directors shall constitute a quorum, and the concurrence of a majority of such membership shall be necessary to any action of such board. Such board of directors shall hold an annual meeting on the second Monday of January of each year, at the general offices of such board, and such other regular meetings at such times as it may determine, and upon such notice as it may fix, by rule or regulation. It shall be authorized to make such by-laws and regulations as it may deem necessary for the safe, economical and efficient management and protection of the properties entrusted to its care. Such board of directors shall require any officer or employee having custody of funds to give bond in such reasonable amount as the board may prescribe, the expense of which bonds shall be paid by the department of public utilities of such city.

[Pre-Local Government Recodification Citation: 19-3-24-2.]

As added by Acts 1981, P.L.11, SEC.43.
Ind. Code § 8-1-2.2-29 — Indiana Code / Title 8 / Article 1 / Chapter 2.2 / Section 8-1-2.2-29
Construction with other laws
Status: in_force

Sec. 29. Other Statutes. This chapter shall be considered to provide a complete method for the performance of things so authorized, and shall be considered and construed to be supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing. However, insofar as the provisions of this chapter are inconsistent with the provisions of any other general, special or local law, the provisions of this chapter shall be controlling. Nothing in this chapter may be construed to authorize the issuance of bonds for the purpose of financing facilities to be owned by any private corporation and the issuance of bonds to finance an interest in any project undertaken jointly with a private corporation shall not be construed to be the issuance of bonds for the purpose of financing facilities to be owned by any private corporation.

As added by Acts 1980, P.L.68, SEC.1.
Ind. Code § 8-6-2.1-32 — Indiana Code / Title 8 / Article 6 / Chapter 2.1 / Section 8-6-2.1-32
Payment for lands acquired by purchase, contract, or eminent domain; title to lands
Status: in_force

Sec. 32. If the lands acquired for the improvement or any part of it are secured by purchase or contract, the payment shall be made according to the terms of the contract. If lands are taken by condemnation, the amount of damages assessed shall be paid or tendered within ninety (90) days after the final determination of the condemnation proceedings, or as soon thereafter as the funds arising from the bonds and the assessment of benefits are available. The title to the lands, or that portion paid for or otherwise acquired for these purposes, then vests in the city.

[Pre-Local Government Recodification Citation: 19-5-14-32.]

As added by Acts 1980, P.L.8, SEC.70.
Ind. Code § 8-1-31-1.5 — Indiana Code / Title 8 / Article 1 / Chapter 31 / Section 8-1-31-1.5
"Adjustment revenues"
Status: in_force

Sec. 1.5. As used in this chapter, "adjustment revenues" means revenues produced through an adjustment amount approved under section 9 of this chapter exclusive of revenues from all other rates and charges.

As added by P.L.209-2014, SEC.2.
Ind. Code § 8-15.7-16-7 — Indiana Code / Title 8 / Article 15.7 / Chapter 16 / Section 8-15.7-16-7
Prohibition of contributions to candidate or committee
Status: in_force

Sec. 7. An operator or a person who has an interest in an operator may not make a contribution to a candidate or a committee during the following periods:

(1) The term during which the operator is a party to a public-private agreement entered into under this article.

(2) The three (3) years following the final expiration or termination of the public-private agreement described in subdivision (1).

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-1-38-3 — Indiana Code / Title 8 / Article 1 / Chapter 38 / Section 8-1-38-3
Repealed
Status: repealed

As added by P.L.174-2013, SEC.1. Repealed by P.L.145-2023, SEC.2.
Ind. Code § 8-2.1-24-12 — Indiana Code / Title 8 / Article 2.1 / Chapter 24 / Section 8-2.1-24-12
Rules affecting motor carriers
Status: in_force

Sec. 12. The department may by rules adopted under IC 4-22-2 adopt orders, standards, or regulations of the Federal Motor Carrier Safety Administration, any other appropriate agency of the federal government, or another state as the orders, standards, or regulations affect motor carriers, whether or not specifically referred to under this chapter.

As added by P.L.110-1995, SEC.29. Amended by P.L.42-2007, SEC.15.
Ind. Code § 8-4-1-4 — Indiana Code / Title 8 / Article 4 / Chapter 1 / Section 8-4-1-4
Subscriptions to the stock
Status: in_force

Sec. 4. The directors named in section 1 of this chapter shall open books for subscription to the capital stock of the company, at such times and in such places as a majority of them may direct, due notices of which shall be given; and in case a greater amount of stock shall be subscribed than the whole capital required by such company, the directors shall distribute such capital stock, so subscribed, as equally as possible among the subscribers, but no share thereof shall be divided in making such distribution, nor shall a greater number of shares be allotted to any one (1) subscriber than by him subscribed for.

Formerly: Acts 1852, 1RS, c.83, s.3. As amended by P.L.62-1984, SEC.33.
Ind. Code § 8-1-34-15 — Indiana Code / Title 8 / Article 1 / Chapter 34 / Section 8-1-34-15
"Video service system"
Status: in_force

Sec. 15. (a) As used in this chapter, "video service system" means a system, consisting of a set of transmission paths and associated signal generation, reception, and control equipment, that is designed to provide video service directly to subscribers within a community. The term includes the:

(1) optical spectrum wavelengths;

(2) bandwidth; or

(3) other current or future technological capacity;

used to provide the video service.

(b) The term does not include a system that transmits video service to subscribers without using any public right-of-way.

As added by P.L.27-2006, SEC.58.
Ind. Code § 8-1-17.5-22 — Indiana Code / Title 8 / Article 1 / Chapter 17.5 / Section 8-1-17.5-22
Right of corporation to purchase its own obligations; cancellation upon purchase
Status: in_force

Sec. 22. A surviving corporation or successor corporation formed under this chapter may, out of any funds available for that purpose, purchase:

(1) any obligations issued by the surviving corporation or successor corporation; and

(2) any accrued interest on the obligations;

at a price determined by resolution of the board. Any obligation described in this section shall be cancelled upon its purchase by the surviving corporation or successor corporation.

As added by P.L.18-2010, SEC.1.
Ind. Code § 8-1-8.8-10 — Indiana Code / Title 8 / Article 1 / Chapter 8.8 / Section 8-1-8.8-10
"Renewable energy resources"
Status: in_force

Sec. 10. (a) As used in this chapter "renewable energy resource" means the following:

(1) A clean energy resource listed in:

(A) IC 8-1-37-4(a)(1) through IC 8-1-37-4(a)(16);

(B) IC 8-1-37-4(a)(22); or

(C) IC 8-1-37-4(a)(23).

(2) Low temperature, oxygen starved gasification of municipal solid waste.

(3) Methane recovered from landfills for the production of electricity.

(b) Except for energy described in subsection (a)(2) and IC 8-1-37-4(a)(9), the term does not include energy from the incinerations, burning, or heating of any of the following:

(1) Tires.

(2) General household, institutional, commercial, industrial lunchroom, office, or landscape waste.

(c) The term excludes treated or painted lumber.

As added by P.L.159-2002, SEC.6. Amended by P.L.175-2007, SEC.18; P.L.151-2009, SEC.4; P.L.95-2010, SEC.1; P.L.96-2011, SEC.1; P.L.150-2011, SEC.10; P.L.224-2011, SEC.1; P.L.13-2013, SEC.29; P.L.152-2022, SEC.1; P.L.83-2023, SEC.4.
Ind. Code § 8-10-5-1 — Indiana Code / Title 8 / Article 10 / Chapter 5 / Section 8-10-5-1
Definitions
Status: in_force

Sec. 1. The following definitions apply throughout this chapter:

(1) "Port authority" means a port authority created pursuant to authority of this chapter.

(2) The terms "port" or "harbor" may be used interchangeably and when used in this chapter shall mean any area used for servicing, storing, protecting, mooring, loading or unloading, or repairing any watercraft, on or adjacent to any body of water which may be wholly or partially within or wholly or partially adjacent to the state of Indiana. The terms include a breakwater area.

(3) The term "watercraft" shall mean any vessel, barge, boat, ship, tug, sailingcraft, skiff, raft, inboard or outboard propelled boat, or any contrivance known on March 13, 1959, or invented after March 13, 1959, used or designed for navigation of or use upon water, including a vessel permanently anchored in a port.

(4) "Publication" means publication once a week for two (2) consecutive weeks:

(A) with each publication of notice made in a newspaper of general circulation in the city, county, or counties where publication is required to be made; or

(B) with the first publication of notice made in a newspaper described in clause (A) and the second publication of notice:

(i) in accordance with IC 5-3-5; and

(ii) on the official website of the city, county, or counties where publication is required to be made.

(5) The term "governing body" shall mean the legislative authority of the governmental unit or units establishing or having established a port authority under the provisions of this chapter.

Formerly: Acts 1959, c.343, s.1; Acts 1961, c.247, s.1. As amended by P.L.66-1984, SEC.21; P.L.103-1993, SEC.1; P.L.152-2021, SEC.6; P.L.1-2025, SEC.126.
Ind. Code § 8-1-26-5.2 — Indiana Code / Title 8 / Article 1 / Chapter 26 / Section 8-1-26-5.2
"Design information notice"
Status: in_force

Sec. 5.2. As used in this chapter, "design information notice" means a notification that:

(1) is voluntarily submitted to the association under section 16.5 of this chapter by a person providing professional services in connection with:

(A) a construction project; or

(B) any other project or operation;

that will involve an excavation or demolition operation described in section 14 of this chapter;

(2) is made in preparation for bidding, preconstruction engineering, or other advance planning efforts in connection with the project or operation described in subdivision (1); and

(3) is separate from and does not supplant the notice required under section 16 of this chapter before the commencement of the excavation or demolition operation.

As added by P.L.122-2017, SEC.1.
Ind. Code § 8-25-4-7 — Indiana Code / Title 8 / Article 25 / Chapter 4 / Section 8-25-4-7
Goals for the participation of minority business enterprises, veteran business enterprises, and women's business enterprises
Status: in_force

Sec. 7. (a) As used in this section, "minority business enterprise" has the meaning set forth in IC 4-13-16.5-1.

(b) As used in this section, "veteran business enterprise" means a business enterprise that has a current verification as a veteran owned small business concern under 38 CFR 74 et seq. by the Center of Veterans Enterprise of the United States Department of Veterans Affairs.

(c) As used in this section, "women's business enterprise" has the meaning set forth in IC 4-13-16.5-1.

(d) Except where 49 CFR 26 applies, the fiscal body of an eligible county or another person authorized to carry out a public transportation project under this chapter shall set a goal for participation by minority business enterprises, veteran business enterprises, and women's business enterprises in conformity with the goals established by the department of minority and women's business development of a consolidated city and the goals of the department of administration established under IC 5-22-14-11 (before July 1, 2020) or IC 4-13-16.5-3.5 (after June 30, 2020) for veteran business enterprises. The goals must be consistent with the goals of delivering the project on time and within the budgeted amount and, insofar as possible, using Indiana businesses for employees, goods, and services.

As added by P.L.153-2014, SEC.17. Amended by P.L.15-2020, SEC.21.
Ind. Code § 8-4-24-3 — Indiana Code / Title 8 / Article 4 / Chapter 24 / Section 8-4-24-3
Reciprocity; foreign corporations
Status: in_force

Sec. 3. In case the part situate within this state of any railroad, a part of which is situate in another state, shall become vested in a corporation of such other state, and such corporation shall also acquire a part situate in such other state of the said railroad, the said corporation may exercise and enjoy, within this state, for the purpose of the said railroad and its business, so far as it may be endowed by the laws of the state of its creation with capacity to do so, all the powers, rights, faculties, privileges, immunities, and franchises enumerated in section 2 of this chapter, and its mortgages or trust deeds shall operate as therein specified.

Formerly: Acts 1861, c.78, s.3. As amended by P.L.62-1984, SEC.76.
Ind. Code § 8-14-11-2 — Indiana Code / Title 8 / Article 14 / Chapter 11 / Section 8-14-11-2
"Construction" defined
Status: in_force

Sec. 2. As used in this chapter, "construction" means the building of a local bridge to the extent that new, supplementary, or substantially improved traffic service is provided.

As added by P.L.117-1989, SEC.1.
Ind. Code § 8-2.1-24-27 — Indiana Code / Title 8 / Article 2.1 / Chapter 24 / Section 8-2.1-24-27
Inspections
Status: in_force

Sec. 27. Inspections to determine and enforce violations under this chapter may be conducted by the state police department, agents of the department, Indiana state police motor carrier inspectors, and any other eligible law enforcement officer through the procedures established by the department. Agents of the department have the same power and authority under this section as is provided to authorized personnel under IC 16-44-2-11 and IC 16-44-2-12.

As added by P.L.110-1995, SEC.29.
Ind. Code § 8-10-1-10 — Indiana Code / Title 8 / Article 10 / Chapter 1 / Section 8-10-1-10
Property acquisition, management, and disposition
Status: in_force

Sec. 10. (a) The ports of Indiana is hereby authorized and empowered to acquire by purchase whenever the ports of Indiana shall deem such purchase expedient, any land, property, rights, rights of way, franchises, easements, and other interests in lands, including lands under water and riparian rights, as the ports of Indiana may deem necessary or convenient for the construction and operation of any port or project, upon such terms and at such price as may be considered by the ports of Indiana to be reasonable and can be agreed upon between the ports of Indiana and the owner thereof, and to take title thereto in the name of the state.

(b) The ports of Indiana is hereby further authorized and empowered to sell, transfer, and convey any such land or any interest therein so acquired, or any portion thereof, when the same shall no longer be needed for such purposes. The ports of Indiana is further authorized and empowered to transfer and convey any such lands or interest therein as may be necessary or convenient for the construction and operation of any port or project, or as otherwise required under the provisions of this article. However, no such sale shall be made without first obtaining the approval of the governor, and a sale may not be made at less than the appraised value established by three (3) independent appraisers appointed by the governor. The ports of Indiana shall be authorized to restrict the use of any land so sold by the ports of Indiana and provide for a reversion to the ports of Indiana in the event the land shall not be used for the purpose represented by the purchaser, and such restrictions and reversions shall be set out in appropriate covenants in the deeds of conveyance, which deeds shall be subject to the approval of the governor.

(c) The ports of Indiana shall also be authorized to lease, or grant options to lease, to others for development any portion of the land owned by the ports of Indiana, on such terms as the ports of Indiana shall determine to be advantageous. All such leases or options to lease which leases cover a period of more than four (4) years shall be subject to the approval of the governor. Leases of lands under the jurisdiction or control of the ports of Indiana shall be made only for such uses and purposes as are calculated to contribute to the growth and development of ports, terminal facilities, and projects under the jurisdiction or control of the ports of Indiana. In the event the ports of Indiana shall lease to others a building or structure financed by the issuance of revenue bonds under IC 8-10-4, the transaction must be structured as a self-liquidating or nonrecourse project (as defined in IC 8-10-4-1).

(d) No tenant, lessee, licensee, owner of real estate located within a port or project, or other person or entity has any right, claim, title, or interest in any real estate, personal property, or common property owned by the ports of Indiana, a port, a project, or the state, unless a written agreement entered into by the ports of Indiana expressly provides:

(1) the exact nature and extent of the right, claim, title, or interest;

(2) all the conditions under which the right, claim, title, or interest is granted; and

(3) a legal or complete description of the specific property.

Formerly: Acts 1961, c.11, s.10; Acts 1972, P.L.66, SEC.1. As amended by P.L.224-2003, SEC.210 and P.L.271-2003, SEC.10; P.L.232-2005, SEC.6; P.L.98-2008, SEC.20.
Ind. Code § 8-6-3-2 — Indiana Code / Title 8 / Article 6 / Chapter 3 / Section 8-6-3-2
Application of other laws; maintenance after construction
Status: in_force

Sec. 2. (a) This chapter shall not authorize the separation of grade crossings of railroads and highways where not authorized by other laws, but shall be considered as supplemental to other laws, and all division of costs as provided for in this chapter, and all provisions for the payment and collection of such costs and expenses and other provisions of other laws relating to the subject matter shall continue in effect, except as inconsistent with this chapter.

(b) Provided, however, that any such railroad or railroads shall be authorized to make all changes in the roadbed, grade, rails, ties, bridges, buildings, and other structural changes as may be necessary to effect such grade separation, and to restore such railroad facilities aforesaid to substantially the same condition as before said separation and the costs and expenses incurred by said railroad or railroads, and in excess of the amount, if any, to be borne by the railroad or railroads, as in this chapter provided, shall be paid by the state, county, or municipality, as the case may be, to such railroad or railroads making such changes.

(c) After the construction of any such grade separation, the public authority or municipality having jurisdiction over such street or highway shall maintain the street or highway, and structures supporting it, and the drainage thereof, where the street or highway is carried over the railroad or railroads, and the railroad or railroad companies shall maintain its or their railway tracks, and where the street or highway is carried under any such railroad or railroads, then the public authority or municipality having jurisdiction over such street or highway, shall maintain the street or highway, and the drainage thereof, and the railroad or railroads shall maintain its or their roadbed and tracks and structures supporting the same.

Formerly: Acts 1939, c.41, s.2. As amended by P.L.62-1984, SEC.99.
Ind. Code § 8-22-3-2 — Indiana Code / Title 8 / Article 22 / Chapter 3 / Section 8-22-3-2
Remonstrance against establishment of authority; petition; certification
Status: in_force

Sec. 2. (a) A remonstrance against the establishment of an authority may be made by petition of the registered voters of the district. The petition must be in writing, must bear the signature, date, and address of residence of the remonstrator, and must be filed in the office of the circuit court clerk of the county containing the greatest percentage of population of the district not later than thirty (30) days following the adoption of the ordinance. If at least the number of the registered voters of the district required under IC 3-8-6-3 to place a candidate on the ballot, as certified by the clerk, remonstrate, the clerk shall certify the question under IC 3-10-9 to the county election board of each county in which the district is located. The question of the establishment of an authority shall be submitted to the voters of the district at the next primary or general election at which the question can be placed on the ballot under IC 3-10-9-3. The question shall be placed on the ballot in the form prescribed by IC 3-10-9-4 and must state: "Shall the airport authority be established?".

(b) Upon certification by the clerk that a remonstrance was not filed by the required number of registered voters and in the time and manner provided, or that the question was submitted to the voters and received the affirmative vote of a majority of those voting upon the question, the authority is established effective as of the next January 1 or July 1 following the certification, whichever date is earlier. The certification by the clerk shall be submitted to the fiscal body of each entity adopting the ordinance or resolution under section 1 of this chapter.

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

As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.10-1988, SEC.218; P.L.12-1995, SEC.105.
Ind. Code § 8-23-2-17 — Indiana Code / Title 8 / Article 23 / Chapter 2 / Section 8-23-2-17
Public hearings
Status: in_force

Sec. 17. (a) As used in this section, "public hearing" means an assembly or a meeting by the department for the purpose of:

(1) providing information early in the process of making decisions affecting proposed highway or bridge construction or improvement projects on a county arterial highway system or the state highway system so that the public can have an impact on the decision outcome, including a meeting in which the public is provided information, opportunity for review and comment, and an accounting for the rationale for a proposed project; or

(2) complying with 23 U.S.C. 128 and 49 U.S.C. 5323(b) requirements in considering economic, social, environmental, and other effects of highway projects and proposals.

(b) Whenever the department holds a public hearing, the department shall allow any person an opportunity to be heard in the presence of others who are present to testify and in accordance with subsection (c).

(c) The department, through the commissioner or the commissioner's designee, may limit testimony at a public hearing to a reasonable time stated at the opening of the public hearing.

As added by P.L.52-1995, SEC.3. Amended by P.L.7-2015, SEC.23.
Ind. Code § 8-2.1-24-28 — Indiana Code / Title 8 / Article 2.1 / Chapter 24 / Section 8-2.1-24-28
Denial of registration or titling; revocation and confiscation of registrations, license plates, or cab cards
Status: in_force

Sec. 28. (a) Pursuant to an operations out of service order issued by the United States Department of Transportation or the Federal Highway Administration affecting a motor carrier operating in Indiana, the department of state revenue or the state police department may revoke and confiscate any registrations, license plates, or cab cards issued under IC 9-18 (before January 1, 2017) or IC 9-18.1 (after December 31, 2016).

(b) The department of state revenue may not register or title a motor carrier:

(1) if the motor carrier fails to comply with federal regulations under 49 CFR 386;

(2) under an operations out of service order issued by a federal agency; or

(3) if the motor carrier's ability to operate has been terminated or denied by a federal agency.

As added by P.L.98-1999, SEC.2. Amended by P.L.176-2006, SEC.11; P.L.257-2017, SEC.16.
Ind. Code § 8-19-3-1 — Indiana Code / Title 8 / Article 19 / Chapter 3 / Section 8-19-3-1
Plans and specifications for improvements
Status: in_force

Sec. 1. Ten (10) or more resident freeholders may petition the county executive for assistance in grading any public highway connecting at either end with a county or state highway, connecting with any highway improved under this chapter, or connecting with the boundaries of any municipality. If the executive determines that it would be a public utility to grade and drain the highway, the executive shall order the engineer to survey the highway and prepare plans and specifications for its improvement. The plans and specifications must show:

(1) the profile, grade, and cross-section of the old and new roadway at least at each one hundred (100) feet, that the roadway shall be graded to a width of twenty (20) feet between the inside of ditches (except where physical conditions make that width impossible) and that the roadway shall have a cross-section crown of eight (8) inches, and a grade not to exceed six percent (6%);

(2) the design of any necessary supplemental road parts; and

(3) the method of grading and finishing the roadway.

Formerly: Acts 1921, c.178, s.1. As amended by P.L.66-1984, SEC.114; P.L.11-1987, SEC.15; P.L.86-1988, SEC.158.
Ind. Code § 8-1-42-11 — Indiana Code / Title 8 / Article 1 / Chapter 42 / Section 8-1-42-11
Ground cover; vegetation plan
Status: in_force

Sec. 11. Except as otherwise allowed by IC 36-7-4-1109, if a project owner installs a CSE system in a unit, the project owner shall plant, establish, and maintain for the life of the CSE system perennial vegetated ground cover on the ground around and under solar panels, and in project site buffer areas. The use of pollinator seed mixes in the planting of ground cover required by this section is encouraged. A unit or permit authority may require a project owner to prepare for a project site a vegetation plan that:

(1) is compatible with each CSE system on the project site;

(2) provides for the planting of noninvasive species and the use of native or naturalized species if the planting and use of noninvasive and native or naturalized species are:

(A) appropriate to the region;

(B) economically feasible; and

(C) agreed to by the landowner;

in order to reduce storm water runoff and erosion at the site and to provide habitat for wildlife and insects; and

(3) provides for site preparation and maintenance practices designed to control invasive species and noxious weeds (as defined in IC 15-16-7-2).

As added by P.L.90-2022, SEC.2.
Ind. Code § 8-10-1-13 — Indiana Code / Title 8 / Article 10 / Chapter 1 / Section 8-10-1-13
Revenue bonds; terms and form; negotiability; governor approval required
Status: in_force

Sec. 13. (a) Subject to the approval of the governor, the ports of Indiana is hereby authorized to provide by resolution of the commission, at one (1) time or from time to time, for the issuance of revenue bonds of the state for the purpose of paying all or any part of the cost of a port or project under this chapter or IC 8-10-4. The principal of and the interest on such bonds shall be payable solely from the revenues specifically pledged to the payment thereof. The bonds of each issue shall be dated, shall bear interest at any rate, shall mature at such time or times not exceeding thirty-five (35) years from the date thereof, as may be determined by the ports of Indiana, and may be made redeemable before maturity, at the option of the ports of Indiana, at such price or prices and under such terms and conditions as may be fixed by the ports of Indiana in the authorizing resolution.

(b) The ports of Indiana shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest which may be at any bank or trust company within or without the state.

(c) The bonds shall be signed in the name of the ports of Indiana by the chairman or vice chairman of the commission or chief executive of the ports of Indiana, or by the facsimile signature of the chairman or vice chairman of the commission or chief executive of the ports of Indiana and the official seal of the ports of Indiana or facsimile thereof, shall be affixed thereto and attested by the secretary-treasurer of the commission, and any coupons attached thereto shall bear the facsimile signature of the chairman of the commission. In case any officer whose signature or a facsimile of whose signature shall appear on any bonds or coupons shall cease to be such officer before the delivery of such bonds, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes the same as if the officer had remained in office until such delivery.

(d) All bonds issued under this article shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments law of the state of Indiana.

(e) The bonds may be issued in coupon or in registered form, or both, as the ports of Indiana may determine, and provision may be made for the registration of any coupon bonds as to principal alone and also as to both principal and interest, and for the reconversion into coupon bonds of any bonds registered as to both principal and interest.

(f) The bonds shall be sold at public sale in accordance with IC 21-32-3, except as provided in IC 8-10-4.

(g) No action to contest the validity of any bonds issued by the ports of Indiana under this article shall be commenced more than thirty (30) days following the adoption of the resolution approving the bonds as provided in this article.

(h) The ports of Indiana shall cooperate with and use the assistance of the Indiana finance authority established by IC 5-1.2-3 in the issuance of the bonds under this chapter or IC 8-10-4.

Formerly: Acts 1961, c.11, s.13. As amended by Acts 1981, P.L.11, SEC.51; P.L.224-2003, SEC.213 and P.L.271-2003, SEC.13; P.L.235-2005, SEC.110; P.L.2-2007, SEC.135; P.L.98-2008, SEC.23; P.L.189-2018, SEC.71.
Ind. Code § 8-15.5-5-6 — Indiana Code / Title 8 / Article 15.5 / Chapter 5 / Section 8-15.5-5-6
Exercise of powers delegated or assigned by authority
Status: in_force

Sec. 6. The department or any other state agency or governmental entity may perform any duties and exercise any powers of the authority under this article or the public-private agreement that have been assigned, subcontracted, or delegated to it by the authority.

As added by P.L.47-2006, SEC.39. Amended by P.L.91-2014, SEC.28.
Ind. Code § 8-8-4-2 — Indiana Code / Title 8 / Article 8 / Chapter 4 / Section 8-8-4-2
Repealed
Status: repealed

Formerly: Acts 1911, c.80, s.2. Repealed by Acts 1978, P.L.2, SEC.867.
Ind. Code § 8-2.1-19.1-16 — Indiana Code / Title 8 / Article 2.1 / Chapter 19.1 / Section 8-2.1-19.1-16
Record maintenance requirements
Status: in_force

Sec. 16. A TNC shall establish record maintenance guidelines that require the following:

(1) Records related to the enforcement of a zero tolerance policy established under section 6(a) of this chapter must be maintained for at least two (2) years following the date on which a TNC rider reports a violation of the policy.

(2) Individual trip records must be maintained for at least one (1) year from the date of each trip.

(3) Records related to a TNC driver must be maintained for at least one (1) year following the date on which a TNC driver is no longer permitted to act as a TNC driver on the TNC's digital network.

As added by P.L.175-2015, SEC.10.
Ind. Code § 8-22-2-11 — Indiana Code / Title 8 / Article 22 / Chapter 2 / Section 8-22-2-11
Recording land or rights acquired
Status: in_force

Sec. 11. Within sixty (60) days after land or rights in land are acquired or taken under this chapter, the board shall file and cause to be recorded in the recorder's office of the county in which the land is situated a description of the land sufficiently accurate for its identification and a statement of the purpose for which it is required or taken, signed by a majority of the board.

[Pre-Local Government Recodification Citation: 19-6-1-12.]

As added by Acts 1980, P.L.8, SEC.73.
Ind. Code § 8-1-2.6-0.3 — Indiana Code / Title 8 / Article 1 / Chapter 2.6 / Section 8-1-2.6-0.3
"Nonbasic telecommunications service"
Status: in_force

Sec. 0.3. (a) As used in this chapter, "nonbasic telecommunications service" means retail telecommunications service other than:

(1) basic telecommunications service, except when the service is purchased by the customer:

(A) in conjunction with another service;

(B) as part of a package of services, a promotion, or a contract; or

(C) at an otherwise discounted price;

(2) commercial mobile radio service (as defined in 47 CFR 51.5);

(3) services outside the jurisdiction of the commission under section 1.1 of this chapter; and

(4) switched and special access services.

(b) The term includes services included in:

(1) customer specific contracts;

(2) volume, term, and discount pricing options; and

(3) packages, bundles, and promotions, including offers designed to obtain new customers, retain existing customers, or bring back former customers.

As added by P.L.27-2006, SEC.8.
Ind. Code § 8-15-2-24 — Indiana Code / Title 8 / Article 15 / Chapter 2 / Section 8-15-2-24
Feasibility study of construction of additional interchanges along toll roads
Status: in_force

Sec. 24. (a) The authority shall cause a study to be made as to the feasibility of construction of additional interchanges along toll roads constructed or operated by the authority, and near population and traffic generating centers, including but not limited to, cities of the second class as defined by law.

(b) All such studies shall be made by the consulting engineer or engineers and the traffic engineer or engineers retained from time to time by the authority in connection with other of its duties under this chapter.

(c) Each study when completed shall be provided to the Indiana department of transportation.

As added by Acts 1976, P.L.31, SEC.1. Amended by Acts 1978, P.L.6, SEC.18; Acts 1980, P.L.74, SEC.256; P.L.109-1983, SEC.28; P.L.18-1990, SEC.134.
Ind. Code § 8-4-10-2 — Indiana Code / Title 8 / Article 4 / Chapter 10 / Section 8-4-10-2
Width of road; route restriction
Status: in_force

Sec. 2. Such proposed lateral railroad shall not exceed one hundred (100) feet in width, except where excavations, embankments, or other necessity require it; nor shall the same pass through any burial ground, place of public worship, or any public building or dwelling-house without the consent of the owner.

Formerly: Acts 1869(ss), c.46, s.2.
Ind. Code § 8-1-2-110 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-110
Repealed
Status: repealed

Formerly: Acts 1913, c.76, s.119. As amended by Acts 1978, P.L.2, SEC.808. Repealed by Acts 1982, P.L.74, SEC.6.
Ind. Code § 8-1-32.5-11 — Indiana Code / Title 8 / Article 1 / Chapter 32.5 / Section 8-1-32.5-11
Tariff not required; customer notification requirements; tariff effective upon filing
Status: in_force

Sec. 11. (a) The commission may not require a communications service provider to file a tariff in connection with, or as a condition of receiving, a certificate of territorial authority under this chapter.

(b) This subsection does not apply to a provider of commercial mobile service (as defined in 47 U.S.C. 332). The commission may require, in connection with the issuance of a certificate under this chapter, the communications service provider to provide advance notice to the provider's Indiana customers if the provider will do any of the following:

(1) Increase the rates and charges for any communications service that the provider offers in any of the provider's service areas in Indiana.

(2) Offer new communications service in any of the provider's service areas in Indiana.

(3) Cease to offer any communications service that the provider offers in any of the provider'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.

(c) A tariff filed with the commission by a communications service provider is effective upon filing.

As added by P.L.27-2006, SEC.55. Amended by P.L.177-2021, SEC.8.
Ind. Code § 8-23-9-10 — Indiana Code / Title 8 / Article 23 / Chapter 9 / Section 8-23-9-10
Performance bonds; deposit; reinsurance; statements of amounts due
Status: in_force

Sec. 10. The bond shall be deposited with and held by the commissioner for the use of any party interested in the bond. The commissioner may require the reinsurance of any bond in the amount, upon the terms, and with the surety approved by the commissioner. A person, firm, limited liability company, or corporation to whom any money is due for having performed labor or furnished material or any other services rendered in the construction, improvement, or maintenance of the highways shall, within one (1) year after the acceptance of the labor, material, or services by the commissioner, furnish the sureties on the bond a statement of the amount due to any person, firm, limited liability company, or corporation.

As added by P.L.18-1990, SEC.218. Amended by P.L.8-1993, SEC.154.
Ind. Code § 8-4.5-1-16 — Indiana Code / Title 8 / Article 4.5 / Chapter 1 / Section 8-4.5-1-16
"Recreational trail"
Status: in_force

Sec. 16. "Recreational trail" means a trail or path that:

(1) includes a corridor along any part of its length;

(2) is intended to be used for:

(A) bicycling;

(B) exercising;

(C) hiking;

(D) running;

(E) riding:

(i) in or on a vehicle of any kind, regardless of the means of propelling the vehicle; or

(ii) on any animal;

(F) walking; or

(G) any other recreational purpose; and

(3) is funded through the recreational trails program under IC 8-4.5-5.

However, the term does not include a highway, street, or road (as defined in IC 8-23-1.1-22).

As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.2; P.L.164-2020, SEC.25; P.L.145-2026, SEC.32.
Ind. Code § 8-23-1.1-38 — Indiana Code / Title 8 / Article 23 / Chapter 1.1 / Section 8-23-1.1-38
"State aid director"
Status: in_force

Sec. 38. "State aid director" refers to the chief administrative officer of the office of the department that administers programs of state and federal aid to local units of government, or the officer's designee.

As added by P.L.145-2026, SEC.37.
Ind. Code § 8-10-1-16 — Indiana Code / Title 8 / Article 10 / Chapter 1 / Section 8-10-1-16
Trust agreements; pledge or assignment of revenues
Status: in_force

Sec. 16. In the discretion of the ports of Indiana any bonds issued under the provisions of this act may be secured by a trust agreement by and between the ports of Indiana and a corporate trustee, which may be any trust company or bank having the powers of a trust company within the state, except as provided in IC 8-10-4. Any resolution adopted by the commission providing for the issuance of revenue bonds and any trust agreement pursuant to which such bonds are issued may pledge or assign all or any portion of the revenues received or to be received by the ports of Indiana except such part as may be necessary to pay the cost of the ports of Indiana's administrative expenses, operation, maintenance and repair and to provide reserves therefor and depreciation reserves required by any bond resolution adopted or trust agreement executed by the ports of Indiana, but the ports of Indiana shall not convey or mortgage any port or project or any part thereof, except for self liquidating or nonrecourse projects under IC 8-10-4. In authorizing the issuance of bonds for any particular port or project, the ports of Indiana may limit the amount of such bonds that may be issued as a first lien and charge against the revenues pledged to the payment of such bonds or the ports of Indiana may authorize the issuance from time to time thereafter of additional bonds secured by the same lien to provide funds for the completion of the port or project on account of which the original bonds were issued, or to provide funds to pay the cost of additional projects undertaken in connection with the development of the port or project, or for both such purposes. Such additional bonds shall be issued on such terms and conditions as may be provided in the bond resolution or resolutions adopted by the commission and in the trust agreement or any agreement supplemental thereto and may be secured equally and ratably without preference, priority, or distinction with the original issue of bonds or may be made junior thereto. Any pledge or assignment made by the ports of Indiana pursuant hereto shall be valid and binding from the time that the pledge or assignment is made and the revenues so pledged and thereafter received by the ports of Indiana shall immediately be subject to the lien of such pledge or assignment without physical delivery thereof or further act. The lien of such pledge or assignment shall be valid and binding against all parties having claims of any kind in tort, contract or otherwise against the ports of Indiana irrespective of whether such parties have notice thereof. Neither the resolution nor any trust agreement by which a pledge is created or assignment made need be filed or recorded except in the records of the ports of Indiana. Any such trust agreement or any resolution providing for the issuance of such bonds may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including, but not limited to, covenants setting forth the duties of the ports of Indiana in relation to the acquisition of property and the construction, improvement, maintenance, repair, operation, and insurance of the port or project in connection with which such bonds shall have been authorized, the rates of fees, tolls, rentals, or other charges, to be collected for the use of the project, and the custody, safeguarding, and application of all moneys, and provisions for the employment of consulting engineers in connection with the construction or operation of such project. It shall be lawful for any bank or trust company incorporated under the laws of the state which may act as depository of the proceeds of bonds or other funds of the ports of Indiana, to furnish such indemnifying bonds or to pledge such securities as may be required by the ports of Indiana. Any such trust agreement may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action by bondholders as is customary in trust agreements or trust indentures securing bonds or debentures of private corporations. In addition to the foregoing, any such trust agreement may contain such other provisions as the ports of Indiana may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out the provisions of any such trust agreement may be treated as a part of the cost of the operation of the port or project.

Formerly: Acts 1961, c.11, s.16. As amended by P.L.224-2003, SEC.216 and P.L.271-2003, SEC.16; P.L.232-2005, SEC.7; P.L.98-2008, SEC.26.
Ind. Code § 8-1-31.7-9.1 — Indiana Code / Title 8 / Article 1 / Chapter 31.7 / Section 8-1-31.7-9.1
Recalculation of chemical costs and power costs for purposes of adjustment rider
Status: in_force

Sec. 9.1. (a) This section applies to the recalculation of costs described in section 7(2)(B) and 7(2)(C) of this chapter for purposes of an adjustment rider under section 12 of this chapter.

(b) Chemical costs described in section 7(2)(B) of this chapter may be recalculated as follows:

(1) If:

(A) at least two (2) years have elapsed since the date of the commission's most recent order adjusting the basic rates and charges of an eligible utility; and

(B) the average actual annual cost of chemicals has increased or decreased by at least three percent (3%) over the course of the two (2) year period described in subdivision (2);

the eligible utility may submit for the commission's review supporting documentation of the average actual annual cost of chemicals for the two (2) year period described in subdivision (2), as calculated under subdivision (2), along with documentation of how the average annual cost of chemicals over that period differs from the amount currently being collected for chemicals through the eligible utility's rates. However, if the average actual annual cost of chemicals has not changed or has increased or decreased by less than three percent (3%) over the course of the two (2) year period described in subdivision (2), an eligible utility may not seek an adjustment to the eligible utility's recovery of chemical costs under this section.

(2) If the eligible utility has determined that the average actual annual cost of chemicals has increased or decreased by at least three percent (3%) over the course of the two (2) year period described in this subdivision, the eligible utility shall include in its submission under this subsection a calculation of the average actual annual cost of chemicals for the two (2) year period described in this subdivision, along with a comparison of that cost to the amount currently being collected for chemicals through the eligible utility's rates, as follows:

STEP ONE: Calculate the actual cost of chemicals during the two (2) year period immediately preceding the date of the eligible utility's submission under this subsection by adding together the actual annual cost of chemicals in each year of the two (2) year period.

STEP TWO: Calculate the quotient of the STEP ONE amount divided by two (2). This quotient is the average actual annual cost of chemicals for the two (2) years immediately preceding the eligible utility's submission under this subsection.

STEP THREE: Calculate the difference between:

(i) the STEP TWO result; minus

(ii) the amount currently being collected for chemicals through the eligible utility's rates on an annual basis, as authorized in the commission's most recent base rate order for the eligible utility, and adjusted to reflect the change in volume from the volume level authorized in the commission's most recent base rate order. The authorized chemical costs in the commission's most recent base rate order shall be divided by the number of gallons projected to be sold in the commission's most recent base rate order to impute an original cost of chemicals per gallon of water sold per unit cost. This per unit cost shall be multiplied by the projected number of gallons of water to be sold by the eligible utility over the twelve (12) month period of the adjustment rider under section 12 of this chapter to impute an adjusted cost of chemicals from the most recent base rate case.

(3) If the STEP THREE result under subdivision (2) is a positive number, the amount of the STEP THREE result shall be included in the adjustment rider under section 12 of this chapter as an expense in calculating an adjustment to the rider.

(4) If the STEP THREE result under subdivision (2) is a negative number, the amount of the STEP THREE result shall be included in the adjustment rider under section 12 of this chapter as a credit in calculating an adjustment to the rider.

(c) Power costs described in section 7(2)(C) of this chapter may be recalculated as follows:

(1) If:

(A) at least two (2) years have elapsed since the date of the commission's most recent order adjusting the basic rates and charges of an eligible utility; and

(B) the average actual annual cost of power has increased or decreased by at least three percent (3%) over the course of the two (2) year period described in subdivision (2);

the eligible utility may submit for the commission's review supporting documentation of the average actual annual cost of power for the two (2) year period described in subdivision (2), as calculated under subdivision (2), along with documentation of how the average annual cost of power over that period differs from the amount currently being collected for power through the eligible utility's rates. However, if the average actual annual cost of power has not changed or has increased or decreased by less than three percent (3%) over the course of the two (2) year period described in subdivision (2), an eligible utility may not seek an adjustment to the eligible utility's recovery of power costs under this section.

(2) If the eligible utility has determined that the average actual annual cost of power has increased or decreased by at least three percent (3%) over the course of the two (2) year period described in this subdivision, the eligible utility shall include in its submission under this subsection a calculation of the average actual annual cost of power for the two (2) year period described in this subdivision, along with a comparison of that cost to the amount currently being collected for power through the eligible utility's rates, as follows:

STEP ONE: Calculate the actual cost of power during the two (2) year period immediately preceding the date of the eligible utility's submission under this subsection by adding together the actual annual cost of power in each year of the two (2) year period.

STEP TWO: Calculate the quotient of the STEP ONE amount divided by two (2). This quotient is the average actual annual cost of power for the two (2) years immediately preceding the eligible utility's submission under this subsection.

STEP THREE: Calculate the difference between:

(i) the STEP TWO result; minus

(ii) the amount currently being collected for power through the eligible utility's rates on an annual basis, as authorized in the commission's most recent base rate order for the eligible utility, and adjusted to reflect the change in volume from the volume level authorized in the commission's most recent base rate order. The authorized power costs in the commission's most recent base rate order shall be divided by the number of gallons projected to be sold in the commission's most recent base rate order to impute an original cost of power per gallon of water sold per unit cost. This per unit cost shall be multiplied by the projected number of gallons of water to be sold by the eligible utility over the twelve (12) month period of the adjustment rider under section 12 of this chapter to impute an adjusted cost of power from the most recent base rate case.

(3) If the STEP THREE result under subdivision (2) is a positive number, the amount of the STEP THREE result shall be included in the adjustment rider under section 12 of this chapter as an expense in calculating an adjustment to the rider.

(4) If the STEP THREE result under subdivision (2) is a negative number, the amount of the STEP THREE result shall be included in the adjustment rider under section 12 of this chapter as a credit in calculating an adjustment to the rider.

As added by P.L.127-2026, SEC.6.
Ind. Code § 8-14.5-2-10 — Indiana Code / Title 8 / Article 14.5 / Chapter 2 / Section 8-14.5-2-10
Property owner
Status: in_force

Sec. 10. "Property owner" means all individuals, copartnerships, associations, governmental units or entities, corporations, limited liability companies, or other legal entities having any title or interest in any land, rights-of-way, property, rights, easements, or legal or equitable interests that may be acquired by the authority.

As added by P.L.68-1988, SEC.12. Amended by P.L.8-1993, SEC.142.
Ind. Code § 8-1.5-4-1 — Indiana Code / Title 8 / Article 1.5 / Chapter 4 / Section 8-1.5-4-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to all municipalities that:

(1) own or operate waterworks; and

(2) adopt the provisions of this chapter by ordinance.

As added by Acts 1982, P.L.74, SEC.1.
Ind. Code § 8-2.1-17-18 — Indiana Code / Title 8 / Article 2.1 / Chapter 17 / Section 8-2.1-17-18
"Transportation network company" or "TNC"
Status: in_force

Sec. 18. "Transportation network company" or "TNC" means an entity that:

(1) does business in Indiana; and

(2) uses a digital network to connect TNC riders to TNC drivers to request prearranged rides.

As added by P.L.175-2015, SEC.6.
Ind. Code § 8-20-1-39 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-39
Repealed
Status: repealed

Formerly: Acts 1905, c.167, s.49. As amended by P.L.86-1988, SEC.191. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-5-15-25 — Indiana Code / Title 8 / Article 5 / Chapter 15 / Section 8-5-15-25
Capital improvement contingency fund
Status: in_force

Sec. 25. (a) The capital improvement contingency fund is established for the purpose of:

(1) receiving taxes, appropriations, and other revenues;

(2) matching state or federal transportation grants made to permit the acquisition of capital assets;

(3) acquiring capital improvements or assets; or

(4) receiving, holding, and disbursing funds as a fiduciary.

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

As added by P.L.385-1987(ss), SEC.17.
Ind. Code § 8-25-5-13 — Indiana Code / Title 8 / Article 25 / Chapter 5 / Section 8-25-5-13
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.153-2014, SEC.17.
Ind. Code § 8-1.5-2-29 — Indiana Code / Title 8 / Article 1.5 / Chapter 2 / Section 8-1.5-2-29
Lease of waterworks facilities; notice and hearing
Status: in_force

Sec. 29. (a) When the municipality and the lessor have agreed upon the terms and conditions of any waterworks lease proposed to be entered into under this chapter and before the final execution of the lease, a notice shall be given by publication in accordance with IC 5-3-1 to all persons interested, of a hearing to be held before the municipal legislative body, which hearing must be on a day not earlier than twenty (20) days after publication of the notice.

(b) The notice must:

(1) name the day, place, and hour of the hearing; and

(2) set forth a brief summary of the principal terms agreed upon, including:

(A) the name of the lessor;

(B) the character of the property to be leased;

(C) the lease rental to be paid; and

(D) the number of years the lease is to be in effect.

(c) The proposed lease must be available for inspection by the public during the twenty (20) day period and at the hearing.

(d) All persons interested are entitled to be heard, at the time fixed, upon the necessity for the execution of the lease and whether the rental to be paid to the proposed lessor is a fair and reasonable rental for the waterworks facilities. The hearing may be adjourned to a later date or dates.

As added by Acts 1982, P.L.74, SEC.1. Amended by P.L.35-1990, SEC.27.
Ind. Code § 8-5-15-24 — Indiana Code / Title 8 / Article 5 / Chapter 15 / Section 8-5-15-24
Financial responsibility; certification; proof
Status: in_force

Sec. 24. (a) Before January 1 of each year, the district shall certify to the Indiana department of transportation that the district has taken action to provide financial responsibility against liability of the district under any agreement with a commuter transportation system.

(b) Proof of financial responsibility under this section may be established by proof that:

(1) a liability insurance policy is in force; or

(2) a self-insurance program is in effect.

(c) The district shall participate, if feasible, in the programs established by the political subdivision risk management commission under IC 27-1-29.

As added by P.L.385-1987(ss), SEC.16. Amended by P.L.18-1990, SEC.69.
Ind. Code § 8-10-5-19 — Indiana Code / Title 8 / Article 10 / Chapter 5 / Section 8-10-5-19
Emergency measure
Status: in_force

Sec. 19. This chapter is hereby declared to be an emergency measure, necessary for the immediate preservation of the public peace, health, and safety. The reason for such necessity lies in the fact that the provisions of this chapter should become effective immediately in order to permit the prompt organization of port authorities to take advantage of the St. Lawrence Seaway project authorized by the Congress, thereby advancing the interests and the welfare of the state of Indiana and its citizens.

Formerly: Acts 1959, c.343, s.18. As amended by P.L.66-1984, SEC.25.
Ind. Code § 8-1.5-1-1 — Indiana Code / Title 8 / Article 1.5 / Chapter 1 / Section 8-1.5-1-1
Application
Status: in_force

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

As added by Acts 1982, P.L.74, SEC.1.
Ind. Code § 8-23-30-5 — Indiana Code / Title 8 / Article 23 / Chapter 30 / Section 8-23-30-5
Preference for certain projects
Status: in_force

Sec. 5. (a) In the evaluation of applications for grants from the fund for projects described in section 1(a) of this chapter, the department shall give preference to projects that are anticipated by the department to have the greatest regional economic significance for the region in which the local unit is located.

(b) Notwithstanding subsection (a), the department may give preference to projects submitted by local units that have submitted enhanced asset management plans to the department and the local technical assistance program at Purdue University.

As added by P.L.146-2016, SEC.16. Amended by P.L.173-2025, SEC.30; P.L.147-2026, SEC.13.
Ind. Code § 8-1-11.1-11 — Indiana Code / Title 8 / Article 1 / Chapter 11.1 / Section 8-1-11.1-11
Surplus earnings; disposition
Status: in_force

Sec. 11. Within sixty (60) days after the end of each calendar year, if there be at any time any bonds outstanding issued on account of said utility district, payable in whole or in part through a tax levy against the property in said utility district, said board of directors for utilities shall cause any surplus earnings arising from the operation of any such utility property, which are not pledged to secure the payment of any obligation of, or on account of said utility district, and which are not, in the opinion of such board of directors, necessary to provide against possible unfavorable results from operation, or to provide for contemplated betterments, extensions, improvements, or additions, to be paid over to the county treasurer and to be added to and become a part of said utility district bond fund, and to be used for the same purposes and in the same manner as funds derived from levy of taxes, as in this chapter hereinbefore provided. In event there are no such utility district bonds at the time outstanding, any such surplus operating revenues not needed for the purposes aforesaid shall be paid over to and become a part of the general funds of such city.

[Pre-Local Government Recodification Citation: 19-3-24-11.]

As added by Acts 1981, P.L.11, SEC.43.
Ind. Code § 8-1-7.9-12 — Indiana Code / Title 8 / Article 1 / Chapter 7.9 / Section 8-1-7.9-12
"Planning costs"
Status: in_force

Sec. 12. (a) As used in this chapter, "planning costs" means costs:

(1) incurred or to be incurred by an energy utility before the issuance of an order by the commission under this chapter; and

(2) related to an acquisition or project.

(b) The term includes study, analysis, pre-engineering, engineering, legal, financing, and regulatory costs.

As added by P.L.217-2025, SEC.2.
Ind. Code § 8-1-17.5-20 — Indiana Code / Title 8 / Article 1 / Chapter 17.5 / Section 8-1-17.5-20
Authority to issue obligations; sale of obligations
Status: in_force

Sec. 20. (a) A surviving corporation or successor corporation formed under this chapter has the power and is authorized, from time to time, to issue the surviving corporation's or successor corporation's obligations for any corporate purpose. The obligations may be authorized by one (1) or more resolutions of the board and may bear the date or dates, mature at the time or times, not exceeding forty (40) years from their respective dates, bear interest at any rate, payable semiannually, be in the denominations, be in the form, either coupon or registered, carry the registration privileges, be executed in the manner, be payable in the medium of payment, at the place or places, and be subject to the terms of redemption, not exceeding the principal amount of the obligations plus accrued interest, as the board's resolution or resolutions may provide.

(b) The obligations may be sold in the manner and upon the terms as the board may determine at not less than the principal amount of the obligations plus accrued interest.

(c) Notwithstanding any provision of law to the contrary, any obligations and related interest coupons, if any, issued under this chapter must possess all the qualities of negotiable instruments.

As added by P.L.18-2010, SEC.1.
Ind. Code § 8-1-27-9 — Indiana Code / Title 8 / Article 1 / Chapter 27 / Section 8-1-27-9
Rejection of plan; modified plan; withdrawal of plan without prejudice
Status: in_force

Sec. 9. (a) If the commission finds that an environmental compliance plan submitted by a public utility does not satisfy the requirements of section 8 of this chapter, the commission may reject the plan.

(b) If a public utility's environmental compliance plan is rejected by the commission, the public utility may voluntarily submit to the commission a modified plan intended to satisfy the requirements of section 8 of this chapter.

(c) A modified plan submitted under subsection (b) shall be considered by the commission under sections 7 and 8 of this chapter.

(d) A public utility may withdraw a proposed environmental compliance plan without prejudice.

As added by P.L.76-1991, SEC.1.
Ind. Code § 8-1-2.6-7 — Indiana Code / Title 8 / Article 1 / Chapter 2.6 / Section 8-1-2.6-7
Repealed
Status: repealed

As added by P.L.92-1985, SEC.1. Repealed by P.L.27-2006, SEC.61.
Ind. Code § 8-1-32.3-4.2 — Indiana Code / Title 8 / Article 1 / Chapter 32.3 / Section 8-1-32.3-4.2
"Communications service provider"
Status: in_force

Sec. 4.2. As used in this chapter, "communications service provider" has the meaning set forth in IC 8-1-2.6-13.

As added by P.L.261-2017, SEC.1.