Ind. Code § 8-23-20-17 — Indiana Code / Title 8 / Article 23 / Chapter 20 / Section 8-23-20-17
Location of junkyards and scrap metal processing facilities
Status: in_force

Sec. 17. A person may not establish, operate, or maintain a junkyard or scrap metal processing facility that is within one thousand (1,000) feet of the nearest edge of a right-of-way of an interstate or primary highway, unless the junkyard or facility conforms to one (1) of the following conditions:

(1) It is screened by natural objects, plantings, fences, or other appropriate means so it is not visible from the main-traveled way of the system.

(2) It is located within an area that is zoned for industrial use.

(3) It is located within an unzoned industrial area.

(4) It is not visible from the main-traveled way.

As added by P.L.18-1990, SEC.229.
Ind. Code § 8-1-2-96 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-96
Repealed
Status: repealed

Formerly: Acts 1913, c.76, s.105; Acts 1933, c.190, s.15; Acts 1937, c.14, s.1; Acts 1961, c.31, s.1. As amended by Acts 1980, P.L.67, SEC.1. Repealed by Acts 1982, P.L.74, SEC.6.
Ind. Code § 8-15-3-25 — Indiana Code / Title 8 / Article 15 / Chapter 3 / Section 8-15-3-25
Preservation of contracts
Status: reserved

Sec. 25. All contracts executed by the department shall be preserved in the principal office of the department.

As added by P.L.386-1987(ss), SEC.13.
Ind. Code § 8-1-7.9-3 — Indiana Code / Title 8 / Article 1 / Chapter 7.9 / Section 8-1-7.9-3
"Appropriate regional transmission organization"
Status: in_force

Sec. 3. As used in this chapter, "appropriate regional transmission organization" has the meaning set forth in IC 8-1-8.5-13(b).

As added by P.L.217-2025, SEC.2.
Ind. Code § 8-23-29-6 — Indiana Code / Title 8 / Article 23 / Chapter 29 / Section 8-23-29-6
Implementation of voluntary pilot program
Status: in_force

Sec. 6. Upon conclusion of the study, the department shall consider the appropriateness of implementing a voluntary pilot program based on one (1) or more of the mechanisms included in the study.

As added by P.L.208-2014, SEC.1.
Ind. Code § 8-6-7.6-2.1 — Indiana Code / Title 8 / Article 6 / Chapter 7.6 / Section 8-6-7.6-2.1
Violation; civil penalty; action to recover
Status: in_force

Sec. 2.1. A railroad that violates section 3 or 4 of this chapter is subject to a civil penalty of one hundred dollars ($100) for each day the violation continues. The maximum penalty under this section is five thousand dollars ($5,000). The Indiana department of transportation may bring an action to recover a civil penalty under this section in the circuit or superior court of the county in which the crossing that is the subject of the violation is located.

As added by P.L.2-2013, SEC.4. Amended by P.L.198-2016, SEC.67.
Ind. Code § 8-23-9-26 — Indiana Code / Title 8 / Article 23 / Chapter 9 / Section 8-23-9-26
Claims against contractors; filing with department
Status: in_force

Sec. 26. A person, firm, limited liability company, or corporation to whom any money is owed for having performed labor or furnished material or other service in the construction of a highway or bridge in the state highway system or in the construction or repair of a building or other structure for the department, whether the work was performed for a contractor or subcontractor, may at any time within sixty (60) days of the performance of the last of the labor or the furnishing of the last of the material or other service and within thirty (30) days after the final acceptance of the improvement, file with the department a duly verified itemized statement of the amount due the person, firm, limited liability company, or corporation, stating whether the labor or material was performed for or furnished to a contractor or subcontractor, giving the name of the contractor or subcontractor and the dates the labor or material was performed or furnished, the rate or cost, the character of the labor, material, or service, and the post office address of the claimant.

As added by P.L.18-1990, SEC.218. Amended by P.L.8-1993, SEC.156.
Ind. Code § 8-2.1-20-9 — Indiana Code / Title 8 / Article 2.1 / Chapter 20 / Section 8-2.1-20-9
Effect on reciprocity; conflict with federal law and regulations
Status: in_force

Sec. 9. (a) Except as provided in subsection (b), this chapter does not affect the reciprocity laws between states concerning license plates on commercial motor vehicles.

(b) If there is a conflict between this chapter and the unified carrier registration system established under 49 U.S.C. 13908 et seq. and the regulations adopted by the United States Secretary of Transportation under 49 U.S.C. 13908 et seq., the federal statute and regulations control.

As added by P.L.110-1995, SEC.8. Amended by P.L.42-2007, SEC.7.
Ind. Code § 8-6-2.1-8 — Indiana Code / Title 8 / Article 6 / Chapter 2.1 / Section 8-6-2.1-8
Clearance and grade
Status: in_force

Sec. 8. Where the highway is carried over the railroad, or where one (1) railroad is carried over another railroad, the clearance from the top of the railroad track to the bottom of the superstructure over the track must be at least twenty-two (22) feet. The plans for the improvement shall not require a permanent grade of any main line railroad track to exceed three-tenths of one percent (.3%) unless a greater grade is agreed upon by the railroad company affected.

[Pre-Local Government Recodification Citation: 19-5-14-8.]

As added by Acts 1980, P.L.8, SEC.70.
Ind. Code § 8-15-3-2 — Indiana Code / Title 8 / Article 15 / Chapter 3 / Section 8-15-3-2
"Department"
Status: in_force

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

As added by P.L.386-1987(ss), SEC.13. Amended by P.L.18-1990, SEC.136.
Ind. Code § 8-1-17.5-8 — Indiana Code / Title 8 / Article 1 / Chapter 17.5 / Section 8-1-17.5-8
Plan of merger or consolidation; contents
Status: in_force

Sec. 8. A plan of merger or consolidation must include the following:

(1) The name of each merging or consolidating corporation.

(2) The name of the surviving corporation or successor corporation.

(3) The terms and conditions of the merger or consolidation and the mode of carrying the merger or consolidation into effect, including the manner in which members of the merging or consolidating corporations may or shall become members of the surviving corporation or successor corporation.

(4) A plan for the retirement of patronage capital accrued by members of the merging or consolidating corporations.

(5) The proposed articles of merger or consolidation or a comprehensive summary of the proposed articles of merger or consolidation.

(6) The effective date of the merger or consolidation.

(7) The number of, and length of terms for, directors of the surviving corporation or successor corporation and, if there will be voting districts in the service areas of the surviving corporation or successor corporation, a description of the districts and the number of directors to represent each district.

(8) The names and addresses of the directors of the surviving corporation or successor corporation.

(9) Any other provision concerning the planned merger or consolidation considered necessary or appropriate by the boards of directors of the merging or consolidating corporations.

As added by P.L.18-2010, SEC.1.
Ind. Code § 8-21-3-16 — Indiana Code / Title 8 / Article 21 / Chapter 3 / Section 8-21-3-16
Deposit with treasurer giving proof of financial responsibility
Status: in_force

Sec. 16. (a) A person may give proof of financial responsibility by delivering to the department a receipt of the treasurer of this state showing a deposit with said treasurer of an amount consistent with the provisions of section 8 of this chapter in cash or of securities such as may legally be purchased at savings banks or for trust funds of a market value in the full amount required.

(b) All moneys or securities so deposited shall be subject to execution to satisfy any judgment mentioned in this chapter or settlement agreed upon, but shall not otherwise be subject to attachment or execution.

(c) The state treasurer shall not accept any such deposit or issue a receipt therefor, and the department shall not accept such receipt, unless accompanied by evidence that there are no unsatisfied judgments of record against the depositor in the county where the depositor resides, for which he is not exempt.

Formerly: Acts 1951, c.267, s.16. As amended by Acts 1980, P.L.74, SEC.328.
Ind. Code § 8-14.5-7-1 — Indiana Code / Title 8 / Article 14.5 / Chapter 7 / Section 8-14.5-7-1
"Authority"
Status: in_force

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

As added by P.L.246-2005, SEC.83. Amended by P.L.1-2006, SEC.155.
Ind. Code § 8-15-2-25.6 — Indiana Code / Title 8 / Article 15 / Chapter 2 / Section 8-15-2-25.6
Repealed
Status: repealed

As added by Acts 1980, P.L.74, SEC.258. Repealed by P.L.109-1983, SEC.50.
Ind. Code § 8-23-3-6 — Indiana Code / Title 8 / Article 23 / Chapter 3 / Section 8-23-3-6
Allotment of funds
Status: in_force

Sec. 6. The budget agency shall only allot funds to an agency from a grant described in section 1 of this chapter for the purposes set out and approved by the department in the grant application.

As added by P.L.18-1990, SEC.212.
Ind. Code § 8-9-12-5 — Indiana Code / Title 8 / Article 9 / Chapter 12 / Section 8-9-12-5
Civil penalties
Status: in_force

Sec. 5. (a) A railroad that violates this chapter is liable to the state for a penalty of not:

(1) less than one hundred dollars ($100); or

(2) more than five hundred dollars ($500);

for each violation.

(b) A suit to recover the penalty set forth in subsection (a) may be brought by the attorney general in the name of the state on relation of the Indiana department of transportation in the circuit or superior court of a county through which the railroad runs or is operated.

As added by P.L.128-2003, SEC.3.
Ind. Code § 8-23-7-25 — Indiana Code / Title 8 / Article 23 / Chapter 7 / Section 8-23-7-25
Change of state highways to tollways and toll roads; effectiveness of orders
Status: in_force

Sec. 25. An order issued under section 22 or 23 of this chapter does not become effective until:

(1) all conditions in the order are satisfied; and

(2) all conditions in an agreement relating to a state highway that is the subject of an order under section 22 or 23 of this chapter entered into by the Secretary, acting by and through the federal highway administrator, and the state, acting by and through the department or the authority, are satisfied or waived.

As added by P.L.18-1990, SEC.216.
Ind. Code § 8-22-2-15 — Indiana Code / Title 8 / Article 22 / Chapter 2 / Section 8-22-2-15
Assistance to other entities
Status: in_force

Sec. 15. Whenever the fiscal body of an eligible entity determines that the public interest and the interest of the entity will be served by assisting another entity to exercise the powers granted by this chapter, the former entity may furnish assistance by gift, or lease with or without rental, of real property, by the donation, lease with or without rental, or loan, of personal property, and by the appropriation of monies that may be provided for by taxation or the issuance of bonds in the same manner as funds might be provided for the same purposes if the entity were exercising the powers granted in its own behalf.

[Pre-Local Government Recodification Citation: 19-6-1-17.]

As added by Acts 1980, P.L.8, SEC.73.
Ind. Code § 8-2.1-22-26 — Indiana Code / Title 8 / Article 2.1 / Chapter 22 / Section 8-2.1-22-26
Contract carriers; filing of contract copies; examination for conformity to published schedule
Status: in_force

Sec. 26. (a) The department may require any contract motor carrier to file with it a true copy of any contract, agreement, or arrangement between the carrier and any person in relation to any traffic affected by this chapter. The department shall not, however, make public the contract, agreement, or arrangement between a contract carrier by motor vehicle and a shipper, or any of the terms or conditions of the contract except as a part of the record in a formal proceeding where it considers that action consistent with the public interest.

(b) If it appears from an examination of the contract that it fails to conform to the published schedule of the contract carrier by motor vehicle as required by this chapter, the department may make public such of the provisions of the contract as the department considers necessary to disclose the failure and the extent of the failure.

(c) This section does not apply to contracts filed instead of schedules.

As added by P.L.99-1989, SEC.13.
Ind. Code § 8-6-2.1-22 — Indiana Code / Title 8 / Article 6 / Chapter 2.1 / Section 8-6-2.1-22
Roll of owners of property sought to be taken
Status: in_force

Sec. 22. When the resolution is finally confirmed by the board, the board shall require the preparation of a roll of all the owners or holders of property sought to be taken, or who have incurred damages, and also of all of the owners or holders of lots or parcels of land lying within two thousand (2,000) feet of any grade crossing eliminated or altered by the improvement or within two thousand (2,000) feet of any lands or rights-of-way abandoned in whole or in part for railroad use or from which railroad facilities are to be removed, which will incur a particular benefit, as provided in section 21 of this chapter, from the grade separation or alteration and railroad relocation as provided for in the resolution. In addition to the list of names, the roll should show with reasonable certainty a description of the property to be appropriated, or affected either injuriously or beneficially, belonging to that person, and no greater certainty in names and description is necessary to the validity of any award or assessment than is required in the assessment of taxes.

[Pre-Local Government Recodification Citation: 19-5-14-22.]

As added by Acts 1980, P.L.8, SEC.70.
Ind. Code § 8-17-3-1 — Indiana Code / Title 8 / Article 17 / Chapter 3 / Section 8-17-3-1
Supervisor of county highways; duties; compensation; personal vehicle expenses; tools and equipment
Status: in_force

Sec. 1. The county executive shall appoint a person as a supervisor of county highways. The county highway supervisor has general charge of the repair and maintenance of the county highways. The supervisor shall receive compensation for the services fixed by the county executive. The county executive shall pay the supervisor when a personal vehicle is used for necessary travel, a sum for mileage at a rate determined by the county fiscal body. The county executive shall provide all tools and equipment and the housing and repair of the tools and equipment.

Formerly: Acts 1933, c.27, s.1; Acts 1945, c.165, s.1; Acts 1975, P.L.15, SEC.8. As amended by P.L.86-1988, SEC.106; P.L.10-1997, SEC.14.
Ind. Code § 8-1.5-5-20 — Indiana Code / Title 8 / Article 1.5 / Chapter 5 / Section 8-1.5-5-20
Property held in name of unit served by the department
Status: in_force

Sec. 20. All real property, rights-of-way, or other property acquired by purchase or appropriation shall be taken and held in the name of the unit served by the department.

As added by P.L.125-1987, SEC.1. Amended by P.L.282-2003, SEC.15.
Ind. Code § 8-6-2.1-36 — Indiana Code / Title 8 / Article 6 / Chapter 2.1 / Section 8-6-2.1-36
Jurisdiction and authority of board of each city
Status: in_force

Sec. 36. (a) The jurisdiction and authority of the board of each city are complete in relation to all matters provided for in this chapter, except in the levying of taxes. In carrying out this chapter it is not necessary to comply with any other statute, except as specifically provided.

(b) If no procedure is provided for by this chapter for doing anything authorized or contemplated by it, the procedure provided by other statutes in similar cases may be followed.

[Pre-Local Government Recodification Citation: 19-5-14-36.]

As added by Acts 1980, P.L.8, SEC.70.
Ind. Code § 8-9.5-7-4 — Indiana Code / Title 8 / Article 9.5 / Chapter 7 / Section 8-9.5-7-4
Commission; appointments; terms; salary; meetings; officers; quorum; record of proceedings; bylaws; powers
Status: in_force

Sec. 4. (a) The district created under this chapter shall be governed by and under control of a commission having five (5) members, two (2) of whom shall be appointed by the executive of the city, two (2) of whom shall be appointed by the city legislative body, and one (1) of whom shall be the head of the city's department of public works or department of transportation. The term of office for a commission member for a district created by the legislative body is one (1) year after the member's appointment, except that the member shall serve until a successor has qualified for the office. Thereafter, the landowners, including corporate landowners, shall elect five (5) members to succeed the original members of the commission under the bylaws of the commission for a term of one (1) year. Each member, otherwise qualified, is eligible for reappointment to successive terms.

(b) The commission members shall not receive a salary for serving but shall receive a per diem payment and expenses similar to those paid members of other special taxing district boards.

(c) The commission shall elect, at its first regular meeting and annually thereafter, one (1) of its members president, and another of its members vice president, who shall perform the duties of the president during the absence or disability of the president. Such commission shall have a suitable office where its maps, plans, documents, records and accounts shall be kept, subject to public inspection at all reasonable times.

(d) The commission shall by rule provide for regular meetings to be held not less than at semimonthly intervals throughout the year. The commission shall keep its meetings open to the public.

(e) The commission shall convene in a special meeting when such a meeting is called. The chairman or a majority of the members of the commission may call a special meeting. The commission shall establish a procedure for calling special meetings.

(f) Three (3) members of the commission constitute a quorum for a meeting. The commission may act officially by an affirmative vote of a majority of those present at the meeting at which the action is taken.

(g) The commission shall cause a written record of its proceedings to be kept which shall be available for public inspection in the office of the commission. The commission shall record in the record the aye and nay vote on the passage of each item of business.

(h) The commission shall adopt bylaws under which its meetings are to be held. The bylaws must provide that the vote of each member shall be in the same proportion that the assessed value of all of the members' land sites are to the assessed value of all the land sites within the district. The commission may suspend the bylaws by unanimous vote of the members of the commission who are present at the meeting. The commission shall not suspend the bylaws beyond the duration of the meeting at which the suspension of rules occurs.

(i) The commission may exercise the powers to supervise its internal affairs which are common to municipal legislative and administrative bodies.

As added by Acts 1982, P.L.77, SEC.1. Amended by P.L.343-1989(ss), SEC.6.
Ind. Code § 8-1-2-61 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-61
Complaint by utility; contents; notice; summary orders; public hearings; alternative pricing structures for retail energy service
Status: in_force

Sec. 61. (a) Any public utility may make complaint as to any matter affecting its own rates or service. The petition or complaint must include a statement as to whether the utility, if a not-for-profit water utility or municipal utility, has any outstanding indebtedness to the federal government. The public utility shall publish a notice of the filing of such petition or complaint in a newspaper of general circulation published in any county in which the public utility renders service. An order affecting rates or service may be entered by the commission without a formal public hearing, if:

(1) the utility is a not-for-profit water utility or a municipal utility; and

(2) the utility has obtained written consent to obtain an order affecting its rates from the commission without a formal hearing from any agency of the federal government with which the utility has outstanding evidence of indebtedness to the federal government.

The commission may, however, on its own motion require a formal public hearing, and shall, upon a motion filed by the utility consumer counselor, by any public or municipal corporation, or by ten (10) individuals, firms, corporations, limited liability companies, or associations, or ten (10) complainants of all or any of these classes, hold a formal public hearing with respect to any such petition or complaint.

(b) In any general rate proceeding under subsection (a) which requires a public hearing and in which an increase in revenues is sought which exceeds the sum of two million five hundred thousand dollars ($2,500,000), the commission shall conduct at least one (1) public hearing in one (1) of the following, as determined by the commission:

(1) The largest municipality located within the utility's service area.

(2) The municipality containing the largest number of customers served by the utility.

(3) The county containing the largest number of customers served by the utility.

(c) In a proceeding brought by an energy utility (as defined in IC 8-1-2.5-2) under this section, the commission may approve:

(1) time-varying price structures and tariffs; or

(2) other alternative pricing structures and tariffs;

for retail energy service (as defined in IC 8-1-2.5-3), such as time-of-use or off-peak pricing, critical peak pricing, variable peak pricing, and real-time pricing.

Formerly: Acts 1913, c.76, s.64; Acts 1951, c.161, s.1; Acts 1963, c.187, s.1. As amended by Acts 1979, P.L.85, SEC.3; P.L.103-1983, SEC.3; P.L.8-1993, SEC.109; P.L.94-2022, SEC.2; P.L.87-2024, SEC.15.
Ind. Code § 8-16-15-2 — Indiana Code / Title 8 / Article 16 / Chapter 15 / Section 8-16-15-2
Purchase price
Status: in_force

Sec. 2. If the proper authorities of the state of Illinois are empowered by the laws of the state of Illinois to enter into such negotiations, and if the department and the authority having charge of the state highways of the state of Illinois can agree with the owners of such bridge on the purchase-price of such bridge, then and in that event the department is hereby authorized and empowered to acquire the ownership of and the title to such bridge, jointly, with the state of Illinois, to pay not to exceed fifty percent (50%) of the purchase-price agreed upon, out of any funds appropriated to the department which might otherwise be used for the construction of bridges, and to enter into such agreements with the proper authorities of the state of Illinois as may be fair and equitable for the repair, maintenance and upkeep of such bridge, and to expend such amounts of money as may be necessary to maintain such bridge.

Formerly: Acts 1937, c.160, s.2. As amended by Acts 1980, P.L.74, SEC.295.
Ind. Code § 8-15-2-3 — Indiana Code / Title 8 / Article 15 / Chapter 2 / Section 8-15-2-3
Repealed
Status: repealed

Formerly: Acts 1951, c.281, s.3; Acts 1971, P.L.99, SEC.1. Repealed by P.L.109-1983, SEC.50.
Ind. Code § 8-15-3-10 — Indiana Code / Title 8 / Article 15 / Chapter 3 / Section 8-15-3-10
Conversion of state highway to tollway
Status: in_force

Sec. 10. The department (subject to complying with IC 8-23-7-22) may convert a state highway to a tollway.

As added by P.L.386-1987(ss), SEC.13. Amended by P.L.18-1990, SEC.138.
Ind. Code § 8-4.5-1-13 — Indiana Code / Title 8 / Article 4.5 / Chapter 1 / Section 8-4.5-1-13
"Program"
Status: in_force

Sec. 13. "Program" refers to the recreational trails program established by IC 8-4.5-5.

As added by P.L.40-1995, SEC.3.
Ind. Code § 8-22-3-7 — Indiana Code / Title 8 / Article 22 / Chapter 3 / Section 8-22-3-7
Conflicts of interest
Status: in_force

Sec. 7. A member of the board is ineligible to hold an appointive office or employment for the authority. A member of the board may not have a pecuniary interest (as defined in IC 35-44.1-1-4(a)(3)) in any contract with or claim against the authority.

[Pre-Local Government Recodification Citations: 19-6-2-8; 19-6-3-8; 19-6-3.5-9.]

As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.154-2016, SEC.4.
Ind. Code § 8-6-12-1 — Indiana Code / Title 8 / Article 6 / Chapter 12 / Section 8-6-12-1
Suit to collect municipal expenses; collection by special tax duplicate
Status: in_force

Sec. 1. (a) Each railroad company whose road or tracks lie in any public street, road, or alley in any city, town, or county shall properly grade, plank, gravel, or asphalt the road and tracks in accordance with the grade and surfacing material of the public street, road, or alley in such a manner as to afford security for life and property of persons and vehicles using the public streets, roads, or alleys.

(b) If a railroad company fails to comply with the provisions of this section, the city, town, or county in which the public street, road, or alley is located may, after thirty (30) days written notice to the superintendent or regional engineer of railroad company, do the work and either:

(1) recover the amount of the cost thereof from the railroad company by suit filed in any court of competent jurisdiction, in which case the city, town or county may collect reasonable attorney fees; or

(2) certify the amount owed to the county auditor who shall prepare a special tax duplicate to be collected and settled for by the county treasurer in the same manner and at the same time as property taxes are collected;

provided, that before the municipal corporation, city, town, or county shall undertake to do the work themselves they shall notify an agent of the railroad as to the time and place.

Formerly: Acts 1969, c.174, s.1. As amended by P.L.62-1984, SEC.103.
Ind. Code § 8-1-13-33 — Indiana Code / Title 8 / Article 1 / Chapter 13 / Section 8-1-13-33
Uniform accounts; requisites
Status: in_force

Sec. 33. Every corporation shall keep and render to the commission, in the manner and form prescribed by the commission, uniform accounts of all business transacted. In formulating a system of accounting for a corporation, the commission shall consider any system of accounting established by any federal law, commission, or department and any system authorized by a national association of such corporations.

As added by P.L.121-1987, SEC.10.
Ind. Code § 8-1-34-18 — Indiana Code / Title 8 / Article 1 / Chapter 34 / Section 8-1-34-18
Transfer of certificate
Status: reserved

Sec. 18. Subject to the notice requirements under section 20 of this chapter, a certificate issued under this chapter may be transferred to any successor in interest of the holder to which the certificate is originally granted.

As added by P.L.27-2006, SEC.58.
Ind. Code § 8-1-46-16 — Indiana Code / Title 8 / Article 1 / Chapter 46 / Section 8-1-46-16
"System average interruption duration index"
Status: in_force

Sec. 16. As used in this chapter, "system average interruption duration index", or "SAIDI", means an index that:

(1) indicates the total duration of sustained service interruptions for an electricity supplier's average customer during a specified period; and

(2) is calculated by determining the quotient of:

(A) the sum of sustained service interruption durations in minutes for the specified period; divided by

(B) the total number of customers;

in accordance with IEEE 1366.

As added by P.L.36-2026, SEC.10.
Ind. Code § 8-2.1-24-4 — Indiana Code / Title 8 / Article 2.1 / Chapter 24 / Section 8-2.1-24-4
Powers of department
Status: in_force

Sec. 4. The department may:

(1) certify a motor carrier providing transportation of property or passengers for compensation; and

(2) regulate and supervise safety, insurance, methods, and hours of operation of a motor carrier providing transportation of property or passengers.

As added by P.L.110-1995, SEC.29. Amended by P.L.42-2007, SEC.13.
Ind. Code § 8-22-3-30 — Indiana Code / Title 8 / Article 22 / Chapter 3 / Section 8-22-3-30
Expenses before tax collection
Status: in_force

Sec. 30. (a) All expenses incurred by the board that must be paid prior to the collection of taxes levied under this chapter shall be met and paid in the following manner. The board shall from time to time certify the items of expense to the controller of the city, clerk-treasurer of the town, or auditor of the county in which the district is located, directing him to pay the amounts, and the fiscal officer shall draw his warrant or warrants upon the treasurer of the city, town, or county, as applicable, which warrant or warrants shall be paid out of the general funds of the city, town, or county not already appropriated, without special appropriations being made by the fiscal body or approval by any other body.

(b) In case there are no unappropriated general funds of the city, town, or county, the fiscal officer shall recommend to the fiscal body the temporary transfer, from other funds of the city, town, or county, of a sufficient amount to meet the items of expense or the making of a temporary loan for the purpose. The fiscal body affected shall immediately make the transfer of funds or authorize the temporary loans in the same manner that other transfers and temporary loans are made by the city, town, or county. The total amount to be advanced may not exceed fifty thousand dollars ($50,000) and the fund or funds of the city, town, county, or other entity from which the advancement is made shall be fully reimbursed and repaid by the authority out of the first proceeds of the special taxes levied under this chapter. No part of the funds advanced may be used in the acquisition of real property.

[Pre-Local Government Recodification Citations: 19-6-2-32; 19-6-3-34; 19-6-3.5-34.]

As added by Acts 1980, P.L.8, SEC.73.
Ind. Code § 8-1-44-12 — Indiana Code / Title 8 / Article 1 / Chapter 44 / Section 8-1-44-12
Program established; purposes; commission authorized to consult with regulatory agencies
Status: in_force

Sec. 12. (a) The small modular nuclear reactor partnership pilot program is established to:

(1) facilitate the development of SMRs for the purpose of providing a reliable source of electricity to meet the growing demand for electric utility service necessary to:

(A) ensure the welfare and enhance the quality of life of Indiana residents and businesses; and

(B) attract and retain businesses and provide economic development opportunities for Indiana communities; and

(2) reduce the costs that would otherwise be borne by eligible utilities and their ratepayers by enabling eligible utilities to partner with one (1) or more eligible partners to share the costs and risks associated with developing one (1) or more SMRs to be directly or indirectly used to furnish public utility service to Indiana customers.

(b) The commission may consult with:

(1) the United States Nuclear Regulatory Commission;

(2) the department of environmental management; or

(3) any other relevant state or federal regulatory agency with jurisdiction over the construction or operation of nuclear generating facilities;

to the extent necessary to ensure the compliance of any eligible utility or eligible partnership with all applicable federal and state laws and regulations, or as necessary to review or issue orders on petitions under sections 13 and 14 of this chapter.

As added by P.L.137-2025, SEC.1.
Ind. Code § 8-14-9-9 — Indiana Code / Title 8 / Article 14 / Chapter 9 / Section 8-14-9-9
Modification of approved projects; new resolutions
Status: in_force

Sec. 9. (a) The local county road and bridge board may modify a project approved under section 8 of this chapter if:

(1) the modification is necessary to carry out the purpose and intent of the resolution; and

(2) the modifications do not increase the estimated cost determined under section 5(b) of this chapter.

(b) Any modification which does not meet the requirements prescribed by subsection (a) must be made by a new resolution that is adopted and approved in the manner provided by sections 5 through 8 of this chapter.

As added by Acts 1981, P.L.88, SEC.13.
Ind. Code § 8-9.5-8-1 — Indiana Code / Title 8 / Article 9.5 / Chapter 8 / Section 8-9.5-8-1
Definitions
Status: in_force

Sec. 1. As used in this chapter:

"Authority" refers to the Indiana finance authority established by IC 5-1.2-3.

"Department" refers to the Indiana department of transportation established under IC 8-23-2.

"Toll bridge" means a bridge with approaches, avenues of access, fills, causeways, and connecting bridges or ferries under IC 8-16-1.

"Toll road project" has the meaning specified in IC 8-15-2-4(4).

As added by P.L.109-1983, SEC.3. Amended by P.L.68-1988, SEC.5; P.L.18-1990, SEC.104; P.L.235-2005, SEC.106; P.L.189-2018, SEC.68.
Ind. Code § 8-3-1-21.2 — Indiana Code / Title 8 / Article 3 / Chapter 1 / Section 8-3-1-21.2
Restoration; apportionment of costs
Status: in_force

Sec. 21.2. (a) The department may order the apportionment of costs that result from the restoration, under section 21.1(b) of this chapter, of grade crossings with abandoned railroads among the railroads and the public agencies. After receiving a petition from a railroad or an affected public agency, the department shall:

(1) give notice of the pending action;

(2) provide an opportunity for the affected parties to be heard by the commission;

(3) apportion the costs among the railroad and the public agency according to section 21.1 of this chapter; and

(4) adopt rules under IC 4-22-2 to establish the respective responsibilities of railroads and public agencies performing restoration work on grade crossings with abandoned railroads.

(b) The department shall determine the reasonableness of the cost of the restoration charged to the railroad under section 21.1(c) of this chapter if the railroad petitions for that determination.

As added by Acts 1977, P.L.106, SEC.1. Amended by P.L.63-1984, SEC.2; P.L.17-1985, SEC.5; P.L.384-1987(ss), SEC.31.
Ind. Code § 8-4-1-18 — Indiana Code / Title 8 / Article 4 / Chapter 1 / Section 8-4-1-18
Eminent domain; court appointed attorney for absentees or persons unknown
Status: in_force

Sec. 18. The court shall appoint some competent attorney to appear for and protect the rights of any party in interest who is unknown, or whose residence is unknown, and who has not appeared in the proceedings by an attorney or agent. The court shall also have power, at any time, to amend any defect or informality in any of the special proceedings authorized by this chapter as may be necessary, or to cause new parties to be added, and to direct such further notice to be given to any party in interest, as it deems proper; and also to appoint other commissioners in the place of any who shall die or refuse or neglect or are unable to serve, or who may leave or be absent from the state.

Formerly: Acts 1852, 1RS, c.83, s.17. As amended by P.L.62-1984, SEC.40.
Ind. Code § 8-1-8.1-3 — Indiana Code / Title 8 / Article 1 / Chapter 8.1 / Section 8-1-8.1-3
Promulgation of protective rules
Status: in_force

Sec. 3. If the commission determines under section 2 of this chapter that rules are necessary, the commission shall by rule adopted under IC 4-22-2 establish requirements that reasonably protect the public health from electric and magnetic fields.

As added by P.L.94-1993, SEC.1.
Ind. Code § 8-14-9-16 — Indiana Code / Title 8 / Article 14 / Chapter 9 / Section 8-14-9-16
Bonds; payment; appropriation
Status: in_force

Sec. 16. The county council may annually appropriate other monies to the local county road and bridge district bond fund to pay bonds as they severally mature, and to pay interest on the bonds in the year following the appropriation.

As added by Acts 1981, P.L.88, SEC.13.
Ind. Code § 8-5-15-19 — Indiana Code / Title 8 / Article 5 / Chapter 15 / Section 8-5-15-19
Auditing services
Status: in_force

Sec. 19. (a) Each district shall request the state board of accounts to perform any auditing services required under this chapter in providing transportation service within the district. If the state board of accounts is not able to perform those services, the district may employ an auditor to perform audits for the district.

(b) The state board of accounts shall, to the extent feasible and upon request:

(1) perform auditing services for the district; and

(2) consult with the district in acquiring auditing services.

As added by P.L.385-1987(ss), SEC.11.
Ind. Code § 8-8-3-1 — Indiana Code / Title 8 / Article 8 / Chapter 3 / Section 8-8-3-1
Construction; unobstructed view between fireman and engineer
Status: in_force

Sec. 1. In addition to the powers granted the Indiana department of transportation in other statutes, the department shall investigate whether or not locomotive engines are constructed and built so that the engineer and fireman employed and working thereon and operating the locomotive engine are, at all times when operating the locomotive engine, in plain view and sight of each other and so situated and located in the performance of their duties that when so at work, engaged in operating and running the locomotive engines, there are no walls, partitions, machinery, parts, or appliances of the engine or other obstructions to prevent the fireman and engineer from readily, quickly, and easily seeing and communicating with each other.

Formerly: Acts 1913, c.291, s.1. As amended by P.L.62-1984, SEC.115; P.L.384-1987(ss), SEC.76; P.L.18-1990, SEC.86.
Ind. Code § 8-14-11-10 — Indiana Code / Title 8 / Article 14 / Chapter 11 / Section 8-14-11-10-b
Repealed
Status: repealed

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

As added by P.L.117-1989, SEC.1. Repealed by P.L.152-2026, SEC.79.
Ind. Code § 8-1-2-1.2 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-1.2
Landlord, condominium association, or homeowners association distributing water or sewer service; not considered public utility; permissible charges; disclosure; complaints
Status: in_force

Sec. 1.2. (a) As used in this section, "association" refers to a condominium association or a homeowners association.

(b) As used in this section, "common areas and facilities", with respect to a condominium, has the meaning set forth in IC 32-25-2-4.

(c) As used in this section, "condominium association" refers to:

(1) the association of co-owners (as defined in IC 32-25-2-2);

(2) the board of directors; or

(3) the manager or managing agent;

for a condominium that is subject to IC 32-25.

(d) As used in this section, "condominium unit" has the meaning set forth in IC 32-25-2-9.

(e) As used in this section, "co-owner", with respect to a condominium, has the meaning set forth in IC 32-25-2-11.

(f) As used in this section, "dwelling unit" means a room or rooms:

(1) suitable for residential occupancy; and

(2) containing plumbing for water or sewage disposal service.

The term includes a lot in a mobile home community or similar multi-user installation. The term does not include hotels, motels, or other similar transient lodging.

(g) As used in this section, "homeowners association" has the meaning set forth in IC 32-25.5-2-4. The term includes the board of directors of a homeowners association acting on behalf of the homeowners association.

(h) As used in this section, "landlord" refers to:

(1) an owner of a dwelling unit that is rented or leased to another person; or

(2) a person acting on behalf of a person described in subdivision (1).

(i) As used in this section, "member" refers to a member of a homeowners association.

(j) As used in this section, "water or sewer utility" means:

(1) a public utility (as defined in IC 8-1-2-1(a));

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

(3) a not-for-profit utility (as defined in IC 8-1-2-125(a));

(4) a cooperatively owned corporation;

(5) a conservancy district established under IC 14-33; or

(6) a regional district established under IC 13-26;

that provides water service, sewage disposal service, or both water and sewage disposal service, to the public.

(k) A landlord or an association that distributes water or sewage disposal service from a water or sewer utility to one (1) or more dwelling units, condominium units, or members is not a public utility solely by reason of engaging in this activity if the landlord does either of the following:

(1) The landlord or association charges a flat fee that:

(A) is assessed at regular intervals, such as monthly or annually; and

(B) includes water or sewage disposal service;

without separately itemizing or billing for the water or sewage disposal service included in the fee.

(2) Subject to subsection (l), the landlord or association bills tenants, co-owners, or members separately for:

(A) the water or sewage disposal service distributed; and

(B) any costs permitted by subsection (l)(4).

(l) A landlord or an association that bills tenants, co-owners, or members under subsection (k)(2) shall comply with the following:

(1) In the case of a landlord, the total charge for the water or sewage disposal services may not exceed what the landlord paid the water or sewer utility for the same services, less the landlord's own use.

(2) In the case of an association, the total charge for the water or sewage disposal service may not exceed what the association paid the water or sewer utility for the same services, including amounts paid to the utility for water or sewage disposal service provided for common areas and facilities.

(3) The landlord or association shall make a disclosure to each tenant, co-owner, or member that satisfies subsection (m). A disclosure required by this subdivision must be included in one (1) or more of the following, as applicable:

(A) The lease.

(B) The tenant's first bill.

(C) The co-owner's or member's first bill or assessment for the water or sewage disposal service.

(D) The property's covenants, conditions and restrictions, bylaws, governing documents (as defined in IC 32-25.5-2-3), condominium instruments (as defined in IC 32-25-2-8), or other similar documents.

(E) A separate writing signed by the tenant, co-owner, or member.

(4) A landlord or an association may charge only the following costs:

(A) A reasonable initial set-up fee.

(B) A reasonable administrative fee that may not exceed four dollars ($4) per month.

(C) A reasonable fee for the return for insufficient funds of an instrument in payment of charges.

(m) A disclosure required by subsection (l)(3) must:

(1) be printed using a font that is not smaller than the largest font used in any other part of the document in which the disclosure is included; and

(2) include the following:

(A) A description of the water or sewage disposal services to be provided.

(B) An itemized statement of the fees that will be charged as permitted under subsection (l)(4).

(C) The following statement: "If you believe you are being charged in violation of this disclosure or if you believe you are being billed in excess of the utility services provided to you as described in this disclosure, you have a right under Indiana law to file a complaint with the Indiana Utility Regulatory Commission. You may contact the Commission at (insert phone number for the Commission).".

(n) If a complaint is filed under section 34.5 or 54 of this chapter alleging that a landlord or an association may be acting in violation of this section, the commission shall:

(1) consider the issue; and

(2) if the commission considers necessary, enter an order requiring that billing be adjusted to comply with this section.

As added by P.L.103-2008, SEC.1. Amended by P.L.1-2009, SEC.64; P.L.62-2019, SEC.1.
Ind. Code § 8-1-6-8 — Indiana Code / Title 8 / Article 1 / Chapter 6 / Section 8-1-6-8
Delinquent fees; penalty
Status: in_force

Sec. 8. Each installment or required payment of the fee imposed by section 4 of this chapter becomes delinquent at midnight of the last day for payment thereof as provided in section 7 of this chapter. If a public utility has failed to pay, or has underpaid, the proper amount of any quarterly installment or payment, it shall pay a penalty to the commission of one percent (1%) of the amount so due on any quarterly installment or payment for each month or fraction thereof that such amount is unpaid. The commission may enforce the collection of any delinquent installment or payment, or portion thereof by legal action or in any other manner by which the collection of debts due the state of Indiana may be enforced under the laws of this state.

Formerly: Acts 1969, c.360, s.8. As amended by P.L.59-1984, SEC.56.
Ind. Code § 8-23-9.5-21 — Indiana Code / Title 8 / Article 23 / Chapter 9.5 / Section 8-23-9.5-21
Plans and specifications
Status: in_force

Sec. 21. The department or a PDB selected under section 18 of this chapter shall develop plans and specifications to:

(1) advertise a proposal for a project under this chapter; and

(2) accept bids in accordance with IC 8-23-9 and IC 8-23-10.

As added by P.L.60-2023, SEC.2.
Ind. Code § 8-6-2.1-17 — Indiana Code / Title 8 / Article 6 / Chapter 2.1 / Section 8-6-2.1-17
Agreements fixing cost of improvements borne by parties in interest
Status: in_force

Sec. 17. (a) The total cost of the improvement shall be borne by all of the parties in interest, in accordance with a written agreement or written agreements to be entered into by all the parties, fixing the portion of the total cost to be borne by each party subject, however, to the cost formula requirements set forth in section 4 of this chapter. The total cost shall be divided among and paid by the parties in accordance with the agreement or agreements. The portion of the total cost to be borne by the city does not constitute an indebtedness or obligation of the city in its corporate capacity, but shall be payable only out of special taxes and benefit assessments as provided by this chapter.

(b) The Indiana department of transportation, any city affected by this chapter, and the county in which the city is located may each respectively enter into a written agreement or written agreements.

(c) The agreement or agreements shall be executed on behalf of the Indiana department of transportation by the members of it and shall be binding upon the Indiana department of transportation. The agreement or agreements shall be executed on behalf of the city by the board and shall be binding on the city. The agreement or agreements shall be executed on behalf of the county by the board of county commissioners and shall be binding on the county.

(d) To the extent that funds of any federal agency may be available to the Indiana department of transportation for use in paying any portion of the total cost which may be chargeable to or assumed by the Indiana department of transportation, the Indiana department of transportation may use the federal funds, if permitted by applicable federal laws, for the payment of the cost or any portion of it, or for the payment of all or any portion of either the city's or county's share of the cost; or the Indiana department of transportation may use the federal funds for any combination of these purposes. The board may apply for, accept, and use grants, loans or other financial assistance from any municipal, county, state, or federal government agency. To the extent any funds of any federal agency may be available to the city or the county for use in paying the costs, the city and county may use the federal funds, if permitted by applicable federal laws, for the payment of any portion of the cost which is chargeable to or assumed by the city and county.

[Pre-Local Government Recodification Citation: 19-5-14-17.]

As added by Acts 1980, P.L.8, SEC.70. Amended by P.L.156-2020, SEC.40.
Ind. Code § 8-4-6-3 — Indiana Code / Title 8 / Article 4 / Chapter 6 / Section 8-4-6-3
Survival of actions and proceedings
Status: in_force

Sec. 3. The change of name as provided in this chapter shall not be construed to deprive any company of any of the powers and franchises granted to it by the original incorporation statute or amendments thereto; nor shall anything in this chapter be so construed as to prevent any company changing its name from suing or being sued in its original name for all rights and liabilities which may have accrued previous to changing its name.

Formerly: Acts 1853, c.83, s.3. As amended by P.L.62-1984, SEC.48.
Ind. Code § 8-22-3-34 — Indiana Code / Title 8 / Article 22 / Chapter 3 / Section 8-22-3-34
Special police; powers
Status: in_force

Sec. 34. (a) The special police authorized by this chapter possess all the common law and statutory powers of the police of the entity that established the authority by ordinance, including the power of fresh pursuit upon adjoining streets and roads.

(b) An operator (as defined in IC 5-23-2-8) who enters into an operating agreement with an authority under IC 5-23 may exercise the special police powers granted by this section during the term of the operating agreement. A person employed by an operator to exercise special police powers under this subsection must have training that is at least equivalent to the minimum training requirements established for law enforcement officers under IC 5-2-1.

(c) This section does not apply to an authority that was established under IC 19-6-3 (before its repeal on April 1, 1980).

[Pre-Local Government Recodification Citations: 19-6-2-41; 19-6-3.5-39.]

As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.3-1990, SEC.44; P.L.84-1996, SEC.1; P.L.49-1997, SEC.37.
Ind. Code § 8-4-32-2 — Indiana Code / Title 8 / Article 4 / Chapter 32 / Section 8-4-32-2
Complaints; venue
Status: in_force

Sec. 2. If an animal is killed or injured by the locomotives, cars, or other carriages used on any railroad in or running into or through Indiana, whether the railroad is run and controlled by the company, a lessee, an assignee, a receiver, or other person, an owner of the animal may file a complaint and prosecute a claim in the circuit court, superior court, or probate court of the county in which the animal was injured or killed.

Formerly: Acts 1863, c.25, s.2. As amended by P.L.1-1990, SEC.119; P.L.84-2016, SEC.40.
Ind. Code § 8-21-2-2 — Indiana Code / Title 8 / Article 21 / Chapter 2 / Section 8-21-2-2
Standards
Status: in_force

Sec. 2. Aircraft operating within this state shall conform with respect to design, construction and airworthiness to the standards prescribed by the United States government, with respect to navigation of aircraft subject to its jurisdiction, and it shall be unlawful for any person to navigate an aircraft within this state unless it is licensed and registered by the department of commerce of the United States in the manner prescribed by the lawful rules and regulations of the United States government, then in force.

Formerly: Acts 1929, c.171, s.2.
Ind. Code § 8-23-2-8 — Indiana Code / Title 8 / Article 23 / Chapter 2 / Section 8-23-2-8
Repealed
Status: repealed

As added by P.L.112-1989, SEC.5. Repealed by P.L.18-1990, SEC.299.
Ind. Code § 8-1-43-8 — Indiana Code / Title 8 / Article 1 / Chapter 43 / Section 8-1-43-8
Pilot program; electric utility's request to commission for approval; requirements; request for recovery or deferral of capital costs; process for pilot program request; factors to be considered by commission; investments outside of pilot program request
Status: in_force

Sec. 8. (a) An electric utility may request approval from the commission to implement a public use electric vehicle pilot program to do any of the following:

(1) Install, own, or operate charging infrastructure or make-ready infrastructure to support public use EVs.

(2) Provide incentives or rebates to customers to encourage customer investment in public use EVs and in associated EV supply equipment.

For purposes of this subsection, "EV supply equipment" means a device or system designed and used specifically to transfer electrical energy to an electric vehicle, either as charge transferred via physical or wireless connection, by loading a fully charged battery into the vehicle, or by other means.

(b) An electric utility's request for approval of a pilot program under this chapter must include the following:

(1) A full description of the need for and goals of the pilot program.

(2) A full description of objective evaluation criteria that will be used to measure the success or usefulness of the pilot program.

(3) An estimate of all costs of the pilot program, including an estimate of the costs to be borne by participating customers of the electric utility, nonparticipating customers of the electric utility, and the general public, as applicable.

(4) A timeline for completion or termination of the pilot program.

(5) A plan demonstrating that the charging infrastructure to be installed under the pilot program will be located in an equitable manner that ensures that all customers within the electric utility's service area have convenient access to the charging infrastructure, including in areas that are:

(A) economically distressed; or

(B) racially or ethnically diverse.

(6) Supporting evidence as to why the pilot program is in the public interest, including information as to how participating customers of the electric utility, nonparticipating customers of the electric utility, and the general public may be affected by the pilot program.

(c) An electric utility's request for approval of a pilot program under this chapter may include a request for:

(1) assurance of cost recovery for pilot program capital costs, up to the amount of an approved cost estimate; and

(2) deferral of pilot program capital costs.

(d) Subject to subsection (f), an electric utility may request approval of a pilot program under this chapter:

(1) through a proceeding initiated under IC 8-1-2-61, whether as a standalone proposal or as part of a base rate case;

(2) as an alternative regulatory plan under IC 8-1-2.5; or

(3) through any other process prescribed by the commission.

(e) The commission shall approve an electric utility's request for approval of a pilot program under this chapter if, after notice and an opportunity for hearing, the commission determines that the proposed pilot program is reasonable, just, and in the public interest. In making a determination under this subsection, the commission shall consider the following:

(1) The goals of the pilot program, including any data that will be measured or collected through the pilot program, such as data concerning customers' electric charging behavior, the electric utility's load management capabilities, or the impact of public use EVs on the electric utility's distribution system.

(2) Whether the pilot program includes objective evaluation criteria consisting of clearly defined metrics to be used in assessing the success of the pilot program.

(3) The extent to which the estimated costs of the proposed pilot program will be borne by:

(A) participating customers of the electric utility;

(B) nonparticipating customers of the electric utility; and

(C) the general public;

based on the evidence in the record of the proceeding.

(4) Information as to any benefits that may inure to:

(A) participating customers of the electric utility;

(B) nonparticipating customers of the electric utility; and

(C) the general public;

as a result of the pilot program, based on the evidence in the record of the proceeding.

(5) The reasonableness of the:

(A) scale; and

(B) duration;

of the pilot program in relation to the estimated costs and benefits of the program, the electric utility's total customer base and service area, and the stated goals of the program.

(6) Whether the electric utility's proposal includes a plan demonstrating that the charging infrastructure to be installed under the pilot program will be located in an equitable manner that ensures that all customers within the electric utility's service area have convenient access to the charging infrastructure, including in areas that are:

(A) economically distressed; or

(B) racially or ethnically diverse.

(7) Other factors the commission considers relevant in determining whether the proposed pilot program is reasonable, just, and in the public interest.

(f) This chapter does not prohibit an electric utility from:

(1) installing, owning, or operating charging infrastructure or make-ready infrastructure for electric vehicles; and

(2) seeking to include the associated capital costs in the electric utility's basic rates and charges through a proceeding initiated under IC 8-1-2-61.

The commission shall approve the inclusion of the capital costs described in subdivision (2) in the electric utility's basic rates and charges if the commission finds that the capital costs incurred are reasonable, just, and in the public interest.

As added by P.L.94-2022, SEC.4.
Ind. Code § 8-22-2-18 — Indiana Code / Title 8 / Article 22 / Chapter 2 / Section 8-22-2-18
Buildings and facilities; construction or improvements; income and revenues; bonds; surplus
Status: in_force

Sec. 18. (a) Subject to the approval of the fiscal body of the eligible entity, the board may contract with any person for construction, extensions, additions, or improvements of an aircraft hangar or revenue producing building or facility located or to be located on the airport of the entity, the cost of which is to be paid in the manner authorized by this section.

(b) A contract made under this section must be authorized by ordinance providing that the principal and interest of bonds issued for the payment of the cost of the construction, extensions, additions, or improvements shall be paid exclusively from the revenues and receipts of the aircraft hangars or revenue producing buildings or facilities, unless otherwise provided by this section.

(c) The fiscal body must, by ordinance, set aside the income and revenues of the buildings or facilities into a separate fund, to be used in the maintenance and operation and in payment of the cost of the construction, extensions, additions, or improvements. The ordinance must fix:

(1) the proportion of the revenues of the buildings or facilities that is necessary for the reasonable and proper operation and maintenance of them; and

(2) the proportion of the revenues that are to be set aside and applied to the payment of the principal and interest of bonds.

The ordinance may provide for the proportion of the revenues that are to be set aside as an adequate depreciation account.

(d) Whenever the board determines that there exists a surplus in funds derived from the net operating receipts of a municipal airport, then the board may recommend to the fiscal body that a designated amount of the surplus fund be appropriated by special or general appropriation to the "aviation revenue bond account" for the relief of principal or interest of bonds issued under this section. However, this surplus in funds may not include monies raised by taxation.

(e) The fiscal body may issue and sell bonds to provide for the payment of costs of the following:

(1) Airport capital improvements, including the acquisition of real property.

(2) Construction or improvement of revenue producing buildings or facilities owned and operated by the eligible entity.

(3) Payment of any loan contract.

The fiscal body may issue and sell bonds bearing interest, payable annually or semiannually, executed in the manner and payable at the times not exceeding forty (40) years from the date of issue and at the places as the fiscal body of the entity determines, which bonds are payable only out of the "aviation revenue bond account" fund. The bonds have in the hands of bona fide holders all the qualities of negotiable instruments under law.

(f) In case any of the officers whose signatures or countersignatures appear on the bonds or the coupons ceases to be the officer before the delivery of the bonds to the purchaser, the signature or countersignatures are nevertheless valid and sufficient for all purposes, the same as if he had remained in office until the delivery of the bonds. The bonds and their interest issued against an "aviation revenue bond account" fund and the fixed proportion or amount of the revenues pledged to the fund does not constitute an indebtedness of the entity under the Constitution of the State of Indiana.

(g) Each bond must state plainly upon its face that it is payable only from the special fund, naming the fund and the ordinance creating it, and that it does not constitute an indebtedness of the entity under the Constitution of the State of Indiana. The bonds may be issued either as registered bonds or as bonds payable to bearer. Coupons and bearer bonds may be registered as to principal in the holder's name on the books of the entity, the registration being noted on the bond by the clerk or other designated officer, after which no transfer is valid unless made on the books of the entity by the registered holder and similarly noted on the bonds. Bonds so registered as to principal may be discharged from the registration by being transferred to bearer, after which it is transferable by delivery but may be registered again as to principal. The registration of the bonds as to the principal does not restrain the negotiability of the coupon by delivery, but the coupons may be surrendered and the interest made payable only to the registered holder of the bonds. If the coupons are surrendered, the surrender and cancellation of them shall be noted on the bond and then interest on the bond is payable to the registered holder or order in cash or at his option by check or draft payable at the place or one (1) of the places where the coupons are payable.

(h) The bonds shall be sold in a manner and upon terms that the fiscal body considers in the best interest of the entity.

(i) All bonds issued by an eligible entity under this section are exempt from taxation for all purposes, except that the interest is subject to the adjusted gross income tax.

(j) In fixing the proportion of the revenues of the building or facility required for operation and maintenance, the fiscal body shall consider the cost of operation and maintenance of the building or facility and may not set aside into the special fund a greater amount or proportion of the revenues and proceeds than are required for the operation and maintenance. The sums set aside for operation and maintenance shall be used exclusively for that purpose, until the accumulation of a surplus results.

(k) The proportion set aside to the depreciation fund, if a depreciation account or fund is provided for under this section, shall be expended in remedying depreciation in the building or facility or in new construction, extensions, additions, or improvements to the property. Accumulations of the depreciation fund may be invested, and the income from the investment goes into the depreciation fund. The fund, and the proceeds of it, may not be used for any other purpose.

(l) The fixed proportion that is set aside for the payment of the principal and interest of the bonds shall, from month to month, as it is accrued and received, be set apart and paid into a special account in the treasury of the eligible entity, to be identified "aviation revenue bond account," the title of the account to be specified by ordinance. In fixing the amount or proportion to be set aside for the payment of the principal and interest of the bonds, the fiscal body may provide that the amount to be set aside and paid into the aviation revenue bond account for any year or years may not exceed a fixed sum, which sum must be at least sufficient to provide for the payment of the interest and principal of the bonds maturing and becoming payable in each year, together with a surplus or margin of ten percent (10%).

(m) If a surplus is accumulated in the operating and maintenance fund that is equal to the cost of maintaining and operating the building or facility for the twelve (12) following calendar months, the excess over the surplus may be transferred by the fiscal body to either the depreciation account to be used for improvements, extensions, or additions to property or to the aviation revenue bond account fund, as the fiscal body designates.

(n) If a surplus is created in the aviation revenue bond account in excess of the interest and principal of bonds, plus ten percent (10%), becoming payable during the calendar, operating, or fiscal year then current, together with the amount of interest or principal of bonds becoming due and payable during the next calendar, operating, or fiscal year, the fiscal body may transfer the excess over the surplus to either the operating and maintenance account, or to the depreciation account, as the fiscal body designates.

(o) All money received from bonds issued under this section shall be applied solely for the purposes listed in subsection (e). There is created a statutory mortgage lien upon buildings or facilities for which bonds are issued in favor of the holders of the bonds and of the coupons of the bonds. The buildings or facilities so constructed, extended, or improved remain subject to the statutory mortgage lien until payment in full of the principal and interest of the bonds.

(p) A holder of the bonds or of the attached coupons may enforce the statutory mortgage lien conferred by this section, and may enforce performance of all duties required by this section of the eligible entity issuing the bond or of any officer of the entity, including:

(1) the making and collecting of reasonable and sufficient rates or rentals for the use or lease of the buildings or facilities, or part of them established for the rent, lease, or use of the buildings or facilities;

(2) the segregation of the revenues from the buildings or facilities; and

(3) the application of the respective funds created by this section.

(q) If there is a default in the payment of the principal or interest of any of the bonds, a court having jurisdiction of the action may appoint an administrator or receiver to administer, manage, or operate the buildings or facilities on behalf of the entity, and the bondholders, with power to:

(1) charge and collect rates or rentals for the use or lease of the buildings or facilities sufficient to provide for the payment of the operating expenses;

(2) pay any bonds or obligations outstanding against the buildings or facilities; and

(3) apply the income and revenues thereof in accord with this section and the ordinance.

[Pre-Local Government Recodification Citations: subsection (a) formerly 19-6-6-2; subsection (b) formerly 19-6-6-3; subsection (c) formerly 19-6-6-4 part; subsection (d) formerly 19-6-6-4 part; subsection (e) formerly 19-6-6-5 part; subsection (f) formerly 19-6-6-5 part; subsection (g) formerly 19-6-6-5 part; subsection (h) formerly 19-6-6-5 part; subsection (i) formerly 19-6-6-5 part; subsection (j) formerly 19-6-6-6; subsection (k) formerly 19-6-6-7; subsection (l) formerly 19-6-6-8; subsection (m) formerly 19-6-6-9; subsection (n) formerly 19-6-6-10; subsection (o) formerly 19-6-6-11 part; subsection (p) formerly 19-6-6-11 part; subsection (q) formerly 19-6-6-11 part.]

As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.77-1990, SEC.1; P.L.192-2002(ss), SEC.146.
Ind. Code § 8-1-8.7-10 — Indiana Code / Title 8 / Article 1 / Chapter 8.7 / Section 8-1-8.7-10
Construction of electric generating facilities; additional certification; joint applications
Status: in_force

Sec. 10. (a) This chapter does not relieve a public utility of the duty to obtain a certificate under IC 8-1-8.5 if the utility is proposing the use of clean coal technology as a part of the construction of an electric generating facility.

(b) A public utility seeking a certificate under IC 8-1-8.5 and this chapter for one (1) project may file a joint application for both certificates. If a joint application is filed, the commission shall jointly consider both certificates.

As added by P.L.105-1989, SEC.4.
Ind. Code § 8-14.5-3-3 — Indiana Code / Title 8 / Article 14.5 / Chapter 3 / Section 8-14.5-3-3
Cooperative agreements
Status: in_force

Sec. 3. The authority may exercise any powers provided under this article in participation or cooperation with any governmental entity, including the department, and enter into any contracts to facilitate that participation or cooperation without compliance with any other statute.

As added by P.L.68-1988, SEC.12.
Ind. Code § 8-14.5-6-11 — Indiana Code / Title 8 / Article 14.5 / Chapter 6 / Section 8-14.5-6-11
Enforcement of article and undertaking
Status: in_force

Sec. 11. The provisions of this article and the covenants and undertakings of the authority as expressed in any proceedings preliminary to or in connection with the issuance of the bonds or notes may be enforced, subject to the provisions of any resolution or trust agreement, by a bond or note owner by action for injunction or mandamus against the authority or any officer, agent, or employee of the authority. However, no action for monetary judgment may be brought against the state for any violations of this article or for payment of the bonds or notes of the authority.

As added by P.L.68-1988, SEC.12.
Ind. Code § 8-22-3-4.3 — Indiana Code / Title 8 / Article 22 / Chapter 3 / Section 8-22-3-4.3
Members of certain boards; annual financial audit; annual report
Status: in_force

Sec. 4.3. (a) This section applies only to the board of an airport authority that:

(1) is not located in a county containing a consolidated city;

(2) is established by a city; and

(3) has entered into a federal interstate compact.

(b) The board of an airport authority described in subsection (a) consists of members appointed as follows:

(1) Four (4) members appointed by the executive of the city in which the airport is located. Except as provided in section 3.9 of this chapter, not more than two (2) members appointed under this subdivision may be members of the same political party.

(2) One (1) member appointed by the executive of the county in which the airport is located.

(3) One (1) member appointed by the executive of the county (other than the county in which the airport is located) that is closest geographically to the airport.

(4) One (1) member appointed by the governor.

(c) A member of the board holds office for four (4) years and until the member's successor is appointed and qualified.

(d) If a vacancy occurs in the board, the authority that appointed the member that vacated the board shall appoint an individual to serve for the remainder of the unexpired term.

(e) A board member may be reappointed to successive terms.

(f) A board member may be impeached under the procedure provided for the impeachment of county officers.

(g) The board member appointed under subsection (b)(4) serves as the president of the board.

(h) On September 1, 2013, the term of each member serving on the board of the airport authority originally established by the city of Gary is terminated. The appointing authorities required to make appointments to the board under this section shall make new appointments to the board as soon as possible after August 31, 2013.

(i) Each person appointed by an appointing authority under subsection (b) must have knowledge of and at least five (5) years professional work experience in at least one (1) of the following:

(1) Aviation management at an executive level.

(2) Regional economic development.

(3) Business or finance.

(j) A person appointed by an appointing authority under subsection (b) may not personally have, or be employed by or have an ownership interest in an entity that has, a significant contractual or business relationship with the airport authority.

(k) The board of an airport authority described in subsection (a) shall contract with a certified public accountant for an annual financial audit of the airport authority. The certified public accountant may not be selected without review of the accountant's proposal and approval of the accountant by the state board of accounts. The certified public accountant may not have a significant financial interest, as determined by the board of the airport authority, in a project, facility, or service owned by, funded by, or leased by or to the airport authority. The certified public accountant shall present the annual financial audit not later than four (4) months after the end of the airport authority's fiscal year. The board of the airport authority shall pay the cost of the annual financial audit. In addition, the state board of accounts may at any time conduct an audit of any phase of the operations of the airport authority. The airport authority shall pay the cost of any audit by the state board of accounts.

(l) The board of the airport authority shall, not later than four (4) months after the end of the airport authority's fiscal year, submit an annual report of the board's activities for the preceding fiscal year to:

(1) the budget agency, for review by the budget committee; and

(2) the legislative council.

An annual report submitted under this section to the legislative council must be in an electronic format under IC 5-14-6. The annual report must set forth a complete operating and financial statement of the airport authority for the airport authority's preceding fiscal year.

(m) The city council of the city of Gary shall terminate, as of January 1, 2031, the compact between the city of Chicago and the city of Gary relating to the establishment of the Chicago-Gary Regional Airport Authority that was entered in to and became effective on April 15, 1995. Not later than July 1, 2030:

(1) a majority of the directors designated or appointed to the Chicago-Gary Regional Airport Authority by the Gary city council shall adopt a resolution that provides for the termination of the compact on January 1, 2031; and

(2) the Gary city council shall adopt an ordinance that provides for the termination of the compact on January 1, 2031.

As added by P.L.134-2005, SEC.5. Amended by P.L.230-2013, SEC.4; P.L.192-2015, SEC.6; P.L.18-2025, SEC.4; P.L.213-2025, SEC.103; P.L.223-2025, SEC.9.
Ind. Code § 8-1-28-6 — Indiana Code / Title 8 / Article 1 / Chapter 28 / Section 8-1-28-6
Public hearing on plan; notice
Status: in_force

Sec. 6. The commission shall hold a public hearing for each environmental compliance plan submitted by a public utility under this chapter. The public utility shall publish a notice of the filing of its petition for approval of an environmental compliance plan in one (1) newspaper of general circulation published in each county in which the utility renders service. The provisions of IC 8-1-2-62 through IC 8-1-2-67 shall apply to a public hearing under this section.

As added by P.L.76-1991, SEC.2.
Ind. Code § 8-17-7-6 — Indiana Code / Title 8 / Article 17 / Chapter 7 / Section 8-17-7-6
Repealed
Status: repealed

Formerly: Acts 1959, c.331, s.6; Acts 1975, P.L.15, SEC.9. Repealed by Acts 1980, P.L.74, SEC.434.
Ind. Code § 8-25-1-3 — Indiana Code / Title 8 / Article 25 / Chapter 1 / Section 8-25-1-3
"Bonds"
Status: in_force

Sec. 3. "Bonds" means, except as otherwise provided, bonds, notes, or other evidences of indebtedness. The term includes obligations (as defined in IC 8-9.5-9-3) and swap agreements (as defined in IC 8-9.5-9-4).

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

Formerly: Acts 1919, c.112, s.9. As amended by P.L.86-1988, SEC.74. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-1-2.7-6 — Indiana Code / Title 8 / Article 1 / Chapter 2.7 / Section 8-1-2.7-6
Quorum
Status: in_force

Sec. 6. A quorum consisting of not less than five percent (5%) of the members or shareholders must:

(1) be present at the meeting; or

(2) vote by absentee ballot;

to transact business and to take official action regarding the jurisdiction question.

As added by P.L.108-1989, SEC.1. Amended by P.L.60-2024, SEC.3.
Ind. Code § 8-14.5-3-9 — Indiana Code / Title 8 / Article 14.5 / Chapter 3 / Section 8-14.5-3-9
Grants
Status: in_force

Sec. 9. The authority may receive and accept from any federal or state agency grants for or in aid of the construction of any project and repay any grant to the authority or to the department from a federal agency if the repayment is necessary to free the authority from restrictions which the authority determines to be in the public interest to remove. Any repayment under this section shall be made from funds available to the authority at the time the repayment is required and shall be made in a way that does not impair any contract between the authority and the owners of its bonds or notes.

As added by P.L.68-1988, SEC.12.
Ind. Code § 8-1-7-1 — Indiana Code / Title 8 / Article 1 / Chapter 7 / Section 8-1-7-1
Indeterminate permit replacing franchise
Status: in_force

Sec. 1. Any public utility operating under a license, permit, or franchise existing on May 31, 1921, from any county, city, or town within the state of Indiana shall, upon filing, at any time prior to July 1, 1923, with the auditor or clerk of any such county, city, or town which granted such license, permit, or franchise, and with the commission, a written declaration, legally executed, that it surrenders such license, permit, or franchise, receive by operation of the law, in lieu thereof, an indeterminate permit as provided in IC 8-1-2, and such public utility shall hold such permit under all the terms, conditions, and limitations of IC 8-1-2 as fully and completely as if the same had been done prior to July 1, 1915.

Formerly: Acts 1921, c.93, s.1. As amended by P.L.59-1984, SEC.58; P.L.23-1988, SEC.39.
Ind. Code § 8-23-6-1 — Indiana Code / Title 8 / Article 23 / Chapter 6 / Section 8-23-6-1
Selection of routes; maintenance; construction of drainage structures
Status: in_force

Sec. 1. (a) The department shall select the route of highways in the system of highways under its control through cities and towns, and may change the routes as the department determines most convenient for public travel.

(b) Notwithstanding subsection (a) and in or near the city of Mishawaka, Indiana, the portion of Capital Avenue lying between:

(1) the most recently established US 20 bypass as of January 1, 1997; and

(2) the Indiana toll road;

is designated state route number three hundred thirty-one (331).

(c) The department, to the extent of the funds available for the purpose, shall maintain and, as it determines necessary and as the funds required are available, may construct and improve the roadway of the streets or a part of the streets to the width determined by the department. As part of the construction work, the department shall construct within the limits of a street the curbs and gutters, manholes, catch basins, and the necessary drainage structures and facilities.

(d) Notwithstanding subsection (c), funds for the construction or improvement of the road designated as state route three hundred thirty-one (331) under subsection (b), to the extent funds are available for the construction or improvement, shall first be exhausted from:

(1) revenue declared excess by the Indiana toll road;

(2) federal aid designated for the local metropolitan planning organization;

(3) city and county highway funds used for such purpose; and

(4) revenue generated from local incremental finance districts;

before any funds designated to the department are used for construction or improvement of state route three hundred thirty-one (331).

As added by P.L.18-1990, SEC.215. Amended by P.L.89-1997, SEC.2.
Ind. Code § 8-10-1-7 — Indiana Code / Title 8 / Article 10 / Chapter 1 / Section 8-10-1-7
Powers and duties
Status: in_force

Sec. 7. The ports of Indiana is authorized and empowered to do the following:

(1) To adopt an official seal which shall not be the seal of the state of Indiana.

(2) To maintain a principal office and sub-offices at such place or places within the state as it may designate.

(3) To sue and be sued, and to plead and be impleaded in the name of the ports of Indiana. However, actions at law against the ports of Indiana shall be brought in the circuit court, superior court, or probate court of the county in which the principal office of the ports of Indiana is located or in the circuit court, superior court, or probate court of the county in which the cause of action arose, if the county is located within the state. All summonses and legal notices of every kind shall be served on the ports of Indiana by leaving a copy thereof at the principal office of the ports of Indiana with the person in charge thereof or with the secretary of the ports of Indiana. However, no such action shall be deemed commenced until a copy of the summons and complaint, cross complaint, petition, bill, or pleading is served upon the attorney general of Indiana.

(4) To acquire, lease, construct, maintain, repair, police, and operate a port or project as provided in this chapter, and to establish rules and regulations for the use of the port or project, and other property subject to the jurisdiction and control of the ports of Indiana.

(5) To issue both taxable and tax exempt revenue bonds of the state, payable solely from revenues, as herein provided, for the purpose of paying all or any part of the cost of a port or project, subject to the prior approval of the Indiana finance authority.

(6) To acquire, lease, and operate tug boats, locomotives, and any and every kind of motive power and conveyances or appliances necessary or proper to carry passengers, goods, wares, merchandise, or articles of commerce in, on, or around the port or project.

(7) To fix and revise from time to time and to collect fees, rentals, tolls, and other charges for the use of any port or project.

(8) To acquire, obtain option on, hold, and dispose of real and personal property in the exercise of its powers and the performance of its duties under this chapter.

(9) To designate the location and establish, limit, and control points of ingress to and egress from a port or project.

(10) To lease to others for development or operation such portions of any port or project, on such terms and conditions as the ports of Indiana shall deem advisable.

(11) To make and enter into all contracts, undertakings, and agreements necessary or incidental to the performance of its duties and the execution of its powers under this chapter. Except as provided in section 29 of this chapter, when the cost of any such contract for construction, or for the purchase of equipment, materials, or supplies, involves an expenditure of more than one hundred fifty thousand dollars ($150,000), the ports of Indiana shall make a written contract with the lowest and best bidder after advertisement for not less than two (2) consecutive weeks in a newspaper of general circulation in the county where the construction will occur and in such other publications as the ports of Indiana shall determine. The notice shall state the general character of the work and the general character of the materials to be furnished, the place where plans and specifications therefor may be examined, and the time and place of receiving bids. Each bid shall contain the full name of every person or company interested in it and shall be accompanied by a sufficient bond or certified check on a solvent bank that if the bid is accepted a contract will be entered into and the performance of its proposal secured. The ports of Indiana may reject any and all bids. A bond with good and sufficient surety as shall be approved by the ports of Indiana shall be required of all contractors in an amount equal to at least fifty percent (50%) of the contract price conditioned upon the faithful performance of the contract. A contract for construction or a contract for the purchase of materials or supplies requires only the approval of the commission. Upon the ports of Indiana's approval of a contract, the ports of Indiana may immediately proceed with the construction or purchase.

(12) To construct, assemble, or otherwise build, own, lease, operate, manage, or otherwise control any project throughout Indiana for the purpose of promoting economic growth and development throughout Indiana, retaining existing employment within Indiana, and attracting new employment opportunities within Indiana.

(13) To employ a chief executive, consulting engineers, superintendents, and such other engineers, construction and accounting experts, attorneys, and other employees and agents as may be necessary in its judgment, and to fix their compensation and title, but no compensation of any employee of the ports of Indiana shall exceed the compensation of the highest paid officer or employee of the state.

(14) To receive and accept from any federal agency grants for or in aid of the construction of any port or project, and to receive and accept aid or contributions from any source of either money, property, labor, or other things of value, to be held, used, and applied only for the purposes for which such grants and contributions may be made.

(15) To provide coverage for its employees under the provisions of IC 22-3-2 through IC 22-3-6, and IC 22-4.

(16) To do all acts and things necessary or proper to carry out the powers expressly granted in this article.

(17) To hold, use, administer, and expend such sum or sums as may herein or hereafter be appropriated or transferred to the ports of Indiana.

Formerly: Acts 1961, c.11, s.7; Acts 1963, c.395, s.3. As amended by Acts 1977, P.L.108, SEC.1; P.L.18-1987, SEC.8; P.L.56-1994, SEC.1; P.L.224-2003, SEC.207 and P.L.271-2003, SEC.7; P.L.98-2008, SEC.15; P.L.156-2013, SEC.1; P.L.84-2016, SEC.49; P.L.224-2023, SEC.5.
Ind. Code § 8-1-17-9 — Indiana Code / Title 8 / Article 1 / Chapter 17 / Section 8-1-17-9
Certificates of membership; meetings of members; notice; quorum; votes required for action; elections
Status: in_force

Sec. 9. (a) A cooperative corporation may issue to its members certificates of membership and each member shall be entitled to only one (1) vote on each question or election at any regular or special meetings of the cooperative corporation.

(b) Meetings of members may be held at such place as may be provided in the bylaws. An annual meeting of the members shall be held at such time as may be provided by the bylaws. Special meetings may be called by the board of directors, by a petition signed by not less than five percent (5%) of all the members, or by such other officers or persons as may be provided in the articles of incorporation or by the bylaws.

(c) Written, printed, or electronic notice stating the place, day, and hour of the meeting of members, and, in the case of a special meeting, the purpose or purposes for which the meeting is called, shall be delivered not less than ten (10) nor more than sixty (60) days before the date of the meeting, either personally, by mail, or electronically, by or at the direction of the officers or persons calling the meeting, to each member of record entitled to vote at such meeting. If mailed, such notice shall be deemed to be delivered when deposited in the United States mails in a sealed envelope addressed to the member at the member's address as it appears on the records of the cooperative corporation, with postage prepaid. If transmitted electronically, the notice is considered delivered when transmitted to the electronic mail address or other address provided by the member for electronic communications. Notice of meetings of members may be waived in writing.

(d) Unless otherwise provided in the articles of incorporation, two percent (2%) of the total of all the cooperative corporation's members who either:

(1) are present in person at any meeting of members; or

(2) as authorized under subsection (g), cast votes before the date of any meeting of members;

of which meeting notice shall have been given as provided in subsection (c), shall constitute a quorum for the transaction of business at such meeting.

(e) Except as provided in subsection (f), a majority vote of the total number of members who either:

(1) are present in person and voting at; or

(2) as authorized under subsection (g), cast votes before the date of;

any regular meeting, or at or before the date of any special meeting of the members called for that purpose, shall be necessary for the taking of any action, adoption of any resolution, or the election of any directors or officers, or otherwise, as the case may be.

(f) This subsection applies to an election for a director of a cooperative corporation held after March 20, 2006. A cooperative corporation may provide in the corporation's bylaws that if more than two (2) persons run for election as a director from the same district, the person receiving the most votes is elected, regardless of whether that person receives a majority of the total votes cast by those members who either:

(1) are present in person and voting at; or

(2) as authorized under subsection (g), cast votes before the date of;

the meeting at which the election occurs, with respect to the particular district.

(g) A cooperative corporation may include a provision in the cooperative corporation's articles of incorporation or in the cooperative corporation's bylaws to allow any votes cast:

(1) after notice of a meeting of members is provided in accordance with subsection (c); and

(2) before the date of the meeting of members;

whether cast in person, by mail, or by electronic ballot, to count toward the quorum requirement set forth in subsection (d) or toward any quorum requirement lawfully established in the cooperative corporation's articles of incorporation or in the cooperative corporation's bylaws.

Formerly: Acts 1951, c.193, s.9. As amended by P.L.97-1993, SEC.5; P.L.145-1999, SEC.3 and P.L.198-1999, SEC.5; P.L.14-2006, SEC.1; P.L.49-2018, SEC.4.
Ind. Code § 8-15.7-8-1 — Indiana Code / Title 8 / Article 15.7 / Chapter 8 / Section 8-15.7-8-1
Acts by authority or department concerning federal, state, or local credit assistance
Status: in_force

Sec. 1. The authority or the department may do any combination of applying for, executing, or endorsing applications submitted by private entities to obtain federal, state, or local credit assistance for qualifying projects developed, financed, or operated under this article, including grants, loans, lines of credit, and guarantees.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-23-26-12 — Indiana Code / Title 8 / Article 23 / Chapter 26 / Section 8-23-26-12
Highway or bridge construction or improvement projects; relocation of customer service facilities
Status: in_force

Sec. 12. The following apply to a highway or bridge construction or improvement project that requires the relocation of customer service facilities located in a highway, street, or road:

(1) If the utility does not own the customer service facilities, the department is responsible for the cost of the relocation of those facilities.

(2) If the utility owns the customer service facilities, the cost of relocation is the responsibility of the utility or the customer, as determined by the operating rules of the utility or by a contract between the utility and the customer.

As added by P.L.63-1992, SEC.4.
Ind. Code § 8-1.5-3-9 — Indiana Code / Title 8 / Article 1.5 / Chapter 3 / Section 8-1.5-3-9
Removal of utility from jurisdiction of commission for approval of rates and charges; procedure
Status: in_force

Sec. 9. (a) This subsection applies to a municipally owned utility that before June 1, 1987, was taken out of the jurisdiction of the commission for the approval of rates and charges. A utility to which this subsection applies is removed from the jurisdiction of the commission for approval of the issuance of stocks, bonds, notes, or other evidence of indebtedness.

(b) Except as provided in subsection (a), a municipal legislative body that wants to be taken out of the jurisdiction of the commission for approval of rates and charges and of the issuance of stocks, bonds, notes, or other evidence of indebtedness may 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 utility regulatory commission for approval of rates and charges and of the issuance of stocks, bonds, notes, or other evidence of indebtedness?".

(c) A municipal legislative body shall certify the public question to the county election board of the county that contains the greatest percentage of population of the municipality under IC 3-10-9-3 and submit the question under subsection (b) if it receives a petition that:

(1) 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) requests that the municipally owned utility be removed from the jurisdiction of the commission for approval of rates and charges and of the issuance of stocks, bonds, notes, or other evidence of indebtedness.

(d) If a majority of those voting favor taking the municipally owned utility out of the jurisdiction of the commission, the utility:

(1) is removed from the jurisdiction of the commission for approval of rates and charges and of the issuance of stocks, bonds, notes, or other evidence of indebtedness; and

(2) shall mail written notice of the withdrawal from commission jurisdiction to the commission within thirty (30) days after the utility's withdrawal.

As added by Acts 1982, P.L.74, SEC.1. Amended by P.L.124-1987, SEC.1; P.L.23-1988, SEC.62; P.L.10-1988, SEC.217; P.L.12-1995, SEC.101.
Ind. Code § 8-10-5-8 — Indiana Code / Title 8 / Article 10 / Chapter 5 / Section 8-10-5-8
Powers and duties
Status: in_force

Sec. 8. (a) A port authority is an instrumentality of the state and shall have full power and authority independent of any political subdivision to do the following:

(1) Purchase, construct, sell, lease, and operate docks, wharves, warehouses, piers, and other port, terminal, or transportation facilities within its jurisdiction consistent with the purposes of the port authority and make charges for the use thereof.

(2) Straighten, deepen, and improve any canal, channel, river, stream, or other water course or way which may be necessary or proper in the development of the facilities of such port.

(3) Establish dock lines, piers, and other facilities necessary to the conduct of pleasure boating within the territory under the jurisdiction of the port authority.

(4) Regulate and enforce the regulation of all uses and activities related to the port in the area under the jurisdiction of the port authority and determine the use of land adjacent to waters under the jurisdiction of the port authority within a reasonable distance from the shore lines of such waters. However, this subdivision does not:

(A) affect the requirement that special standards for the safe operation of watercraft on public waters must be adopted by rule by the department of natural resources under IC 14-15-7-3; or

(B) authorize the assessment by the port authority of a charge or fee for the passage of a watercraft through the navigable waters of the state.

(5) Acquire, own, hold, sell, lease, or operate real or personal property for the authorized purposes of the port authority.

(6) Apply to the proper authorities of the United States pursuant to appropriate law for the right to establish, operate, and maintain foreign trade zones within the limits of the port authority and establish, operate, and maintain such foreign trade zones.

(7) Exercise the right of eminent domain to appropriate any land, rights, rights-of-way, franchises, easements, or other property necessary or proper for the construction or the efficient operation of any facility of the port authority, award damages to landowners for real estate and property rights appropriated and taken or injuriously affected, and in case the board of directors of the port authority cannot agree with the owners, lessees, or occupants of any real estate selected by them for the purposes herein set forth, proceed to procure the condemnation of the same as hereinafter provided, and in addition thereto, when not in conflict or inconsistent with the express provisions of this chapter, proceed under the general laws of the state of Indiana governing the condemnation of lands and the rights-of-way for other public purposes which may be in force at the time, and the provisions of such laws are hereby extended to ports and harbors and to the properties of port authorities as provided for herein so far as the same are not in conflict or inconsistent with the terms of this chapter. In any such proceeding prosecuted by the board of directors of a port authority to condemn or appropriate any land or the use thereof or any right therein for purposes permitted by this chapter, the board and all owners and holders of property or rights therein sought to be taken shall be governed by and have the same rights as to procedure, notices, hearings, assessments of benefits and awards, and payments thereof as are now or may hereafter be prescribed by law for the appropriation and condemnation of real estate, and such property owners shall have like powers and rights as to remonstrance and of appeals to the circuit or superior courts in the county in which such property sought to be appropriated is located. However, the payment of all damages awarded for all lands and property or interests or rights therein appropriated under the provisions of this chapter shall be paid entirely out of funds under the control of such port authority, except for the following:

(A) Upon written application of any property owner affected, any municipal corporation, or, as to areas outside the boundaries of a municipal corporation, any county, participating in the creation of a port authority, after ten (10) days written notice to the port authority and public hearing had thereon, may revoke the right of eminent domain to be exercised by the port authority as to any parcel or parcels of land inside its borders within sixty (60) days after the port authority has by resolution announced the lands, rights, rights-of-way, franchises, easements, or other property to be taken.

(B) Nothing herein contained shall authorize a port authority to take or disturb property or facilities belonging to any public corporation, public utility, or common carrier, which property or facilities are necessary and convenient in the operation of such public corporation, public utility, or common carrier, unless provision is made for the restoration, relocating, or duplication of such property or facilities, or upon the election of such public corporation, public utility, or common carrier, for the payment of compensation, if any at the sole cost of the port authority, subject to the following:

(i) If any restoration or duplication proposed to be made hereunder shall involve a relocation of such property or facilities, the new facilities and location shall be of at least comparable utilitarian value and effectiveness and such relocation shall not impair the ability of the public utility or common carrier to compete in its original area of operation.

(ii) Provisions for restoration or duplication shall be described in detail in the resolution for appropriation passed by the port authority.

(8) Accept, receive, and receipt for federal moneys, and other moneys, either public or private, for the acquisition, construction, enlargement, improvement, maintenance, equipment, or operation of a port or harbor or other navigation facilities, and sites therefor and comply with the provisions of the laws of the United States and any rules and regulations made thereunder for the expenditure of federal moneys upon such ports and other navigation facilities.

(9) Maintain such funds as it deems necessary.

(10) Direct its agents or employees, when properly identified in writing, and after at least five (5) days written notice, to enter upon lands within the confines of its jurisdiction in order to make surveys and examinations preliminary to location and construction of works for the purposes of the port authority, without liability of the port authority or its agents or employees except for actual damage done.

(11) Sell or lease real and personal property not needed for the operation of the port authority and grant easements or rights-of-way over property of the port authority.

(12) Promote, advertise, and publicize the port and its facilities, provide traffic information and rate information to shippers and shipping interests, and appear before rate making authorities to represent and promote the interests of the port.

(13) Borrow money and secure the borrowing by a pledge of the following:

(A) Accounts receivable.

(B) A security interest in capital equipment for which the proceeds of the loan are used.

(C) Other security, including the excess of unobligated revenues over operating expenses.

(b) The term of a loan authorized by subsection (a)(13) may not exceed:

(1) thirty-five (35) years, in the case of a loan made before July 1, 2011; or

(2) twenty-five (25) years, in the case of a loan made after June 30, 2011.

Formerly: Acts 1959, c.343, s.8; Acts 1965, c.390, s.1. As amended by Acts 1979, P.L.89, SEC.1; Acts 1981, P.L.11, SEC.52; P.L.103-1993, SEC.3; P.L.1-1995, SEC.56; P.L.49-2010, SEC.2; P.L.229-2011, SEC.100.
Ind. Code § 8-1-2-24 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-24
Arrangement for distribution of profits or sliding scale of charges; temporary discount to demand component of electricity rates and charges
Status: in_force

Sec. 24. (a) Nothing in this chapter shall be taken to prohibit a public utility from entering into any reasonable arrangement with its customers or consumers, or with its employees, or with any municipality in which any of its property is located, for the division or distribution of its surplus profits, or providing for a sliding scale of charges or other financial device that may be practicable and advantageous to the parties interested. No such arrangement or device shall be lawful until it shall be found by the commission, after investigation, to be reasonable and just and not inconsistent with the purpose of this chapter. Such arrangement shall be under the supervision and regulation of the commission.

(b) A customer of an electricity supplier (as defined in IC 8-1-2.3-2) that is a public utility that is under the jurisdiction of the commission for the approval of rates and charges may apply to the commission for a temporary discount to the demand component of the rates and charges contained in the electricity supplier's applicable standard tariff for service to a single facility of the customer that is located in Indiana if the customer:

(1) has or will have a maximum demand for electricity of at least five (5) megawatts at the facility;

(2) employs or will employ more than fifty (50) full-time employees at the facility;

(3) demonstrates that the temporary discount is necessary and essential for the customer to locate a facility in Indiana or to attract or create additional jobs or retain existing jobs at the facility;

(4) demonstrates that the customer's demand for electricity at the facility will:

(A) for an existing customer, increase by at least one (1) megawatt as a result of the jobs created or retained under subdivision (3); or

(B) for a prospective customer, equal at least five (5) megawatts as a result of locating the facility in Indiana; and

(5) has applied for and received from the Indiana economic development corporation approval for the requested temporary discount amount.

(c) Upon receiving an application from a customer of an electricity supplier under subsection (b), the commission may approve a temporary discount to the demand component of the rates and charges contained in the electricity supplier's applicable standard tariff if the commission finds that the discount is just and reasonable and consistent with the circumstances described by the customer under subsection (b), as follows:

(1) For circumstances not described in subdivision (2) or (3), a discount up to ten percent (10%).

(2) For circumstances involving a redevelopment project in which the customer is involved, a discount up to fifteen percent (15%).

(3) For circumstances involving a brownfield project in which the customer is involved, a discount up to twenty percent (20%).

(d) A temporary discount authorized under subsection (c) expires three (3) years after the effective date of the discount. The cost of the temporary discount shall be included by the commission in the cost of service for the electricity supplier and shall be deferred for ratemaking purposes by the electricity supplier for subsequent recovery in connection with the electricity supplier's next general retail electric rate case.

(e) A customer that receives a temporary discount under this section for service to a facility may not:

(1) enter into a contract with the customer's electricity supplier for electric utility service to the facility that provides for rates, terms, or conditions that differ from the rates, terms, and conditions contained in the electricity supplier's applicable standard tariff; or

(2) take electric utility service to the facility under a commission-approved economic development tariff offered by the electricity supplier.

(f) A temporary discount authorized under subsection (c) applies as follows:

(1) For an existing customer, only to the demand component of the customer's rates and charges related to the increase in the customer's load described in subsection (b)(4)(A). However, the commission may authorize the application of the applicable temporary discount under subsection (c) to all or part of the demand component of the customer's rates and charges related to the entire facility if the commission determines that a broader application is beneficial to all customers of the electricity supplier.

(2) For a prospective customer, to the demand components of the customer's rates and charges related to the entire load described in subsection (b)(4)(B).

(g) As used in this section, and except where otherwise indicated, "customer" includes a prospective customer of an electricity supplier.

Formerly: Acts 1913, c.76, s.27. As amended by P.L.59-1984, SEC.16; P.L.133-2013, SEC.3; P.L.222-2014, SEC.1.
Ind. Code § 8-23-7-2.5 — Indiana Code / Title 8 / Article 23 / Chapter 7 / Section 8-23-7-2.5
Appraisal of real property
Status: in_force

Sec. 2.5. (a) Except as provided in subsection (b), real property to be acquired by the department for a purpose described in section 2 of this chapter shall be appraised before the initiation of negotiations.

(b) An appraisal is not required if:

(1) the owner is donating the property and releases the agency from its obligation to appraise the property; or

(2) the agency determines that an appraisal is unnecessary because the valuation problem is uncomplicated and the anticipated value of the proposed acquisition is estimated at less than ten thousand dollars ($10,000) based on a review of available data.

(c) When an appraisal is determined to be unnecessary, the agency shall prepare a waiver valuation. A person preparing or reviewing a waiver valuation is precluded from complying with Standard Rules 1, 2, 3, and 4 of the Uniform Standards of Professional Appraisal Practice, as in effect in the current edition, as promulgated by the Appraisal Standards Board of the Appraisal Foundation.

(d) A person performing a waiver valuation under subsection (c) must have sufficient understanding of the local real estate market to be qualified to make the waiver valuation.

As added by P.L.12-2022, SEC.4.
Ind. Code § 8-17-4.1-7 — Indiana Code / Title 8 / Article 17 / Chapter 4.1 / Section 8-17-4.1-7
Filing report
Status: in_force

Sec. 7. The annual operational report must be completed and a copy filed with the state board of accounts, the governing body, and the department by June 1 following the operational report year. The department shall make the report available to the public.

Formerly: Acts 1971, P.L.103, SEC.1. As amended by Acts 1980, P.L.74, SEC.302; P.L.86-1988, SEC.121; P.L.173-2003, SEC.12.
Ind. Code § 8-4-7-2 — Indiana Code / Title 8 / Article 4 / Chapter 7 / Section 8-4-7-2
Capitalization; certificate of incorporation
Status: in_force

Sec. 2. The railroad companies uniting in the formation of such corporation are designated as proprietary companies, and shall make a certificate of incorporation, in which they shall specify the name of the company to be incorporated under the certificate of incorporation, the amount of the capital stock of such company, the number and the par value of the shares into which it shall be divided, the aggregate amount of the par value of the shares of each proprietary company, the county or counties in which said union railway shall be situated, with the name of the town or city within or near which said union railway is to be constructed.

Formerly: Acts 1885, c.20, s.2. As amended by P.L.136-2018, SEC.89.
Ind. Code § 8-20-1-13 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-13
Repealed
Status: repealed

Formerly: Acts 1905, c.167, s.13. As amended by P.L.353-1983, SEC.12. Repealed by P.L.86-1988, SEC.227.
Ind. Code § 8-2.1-28-2 — Indiana Code / Title 8 / Article 2.1 / Chapter 28 / Section 8-2.1-28-2
Weigh-in-motion equipment
Status: in_force

Sec. 2. The department may:

(1) plan;

(2) develop;

(3) install;

(4) maintain;

(5) monitor; and

(6) finance;

electronic weigh-in-motion equipment to facilitate the enforcement of size and weight restrictions under IC 9-20.

As added by P.L.218-2017, SEC.60.
Ind. Code § 8-21-12-3 — Indiana Code / Title 8 / Article 21 / Chapter 12 / Section 8-21-12-3
"Authority"
Status: in_force

Sec. 3. As used in this chapter, "authority" refers to the Indiana finance authority established by IC 5-1.2-3.

As added by P.L.28-1991, SEC.2. Amended by P.L.235-2005, SEC.119; P.L.189-2018, SEC.101.
Ind. Code § 8-1-2-125 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-125
"Not-for-profit utilities"; services and facilities; reasonable and just charges; not-for-profit sewer utilities
Status: in_force

Sec. 125. (a) As used in this section, "not-for-profit utility" means a public water or sewer utility that:

(1) does not have shareholders;

(2) does not engage in any activities for the profit of its trustees, directors, incorporators, or members; and

(3) is organized and conducts its affairs for purposes other than the pecuniary gain of its trustees, directors, incorporators, or members.

The term does not include a regional district established under IC 13-26, a conservancy district established under IC 14-33, or, for purposes of subsections (f), (g), (h), (i), (j), and (k), a utility company owned, operated, or held in trust by a consolidated city.

(b) As used in this section, "sewage disposal system" means a privy, cesspool, septic tank, or other similar structure. The term includes a septic tank soil absorption system (as defined in IC 13-11-2-199.5). The term does not include a sewer system operated by a not-for-profit public sewer utility.

(c) A not-for-profit utility shall be required to furnish reasonably adequate services and facilities. The charge made by any not-for-profit utility for any service rendered or to be rendered, either directly or in connection with the service, must be nondiscriminatory, reasonable, and just. Each discriminatory, unjust, or unreasonable charge for the service is prohibited and unlawful.

(d) A reasonable and just charge for water or sewer service within the meaning of this section is a charge that will produce sufficient revenue to pay all legal and other necessary expense incident to the operation of the not-for-profit utility's system, including the following:

(1) Maintenance and repair costs.

(2) Operating charges.

(3) Interest charges on bonds or other obligations.

(4) Provision for a sinking fund for the liquidation of bonds or other evidences of indebtedness.

(5) Provision for a debt service reserve for bonds or other obligations in an amount not to exceed the maximum annual debt service on the bonds or obligations.

(6) Provision of adequate funds to be used as working capital.

(7) Provision for making extensions and replacements.

(8) The payment of any taxes that may be assessed against the not-for-profit utility or its property.

The charges must produce an income sufficient to maintain the not-for-profit utility's property in sound physical and financial condition to render adequate and efficient service. A rate too low to meet these requirements is unlawful.

(e) Except as provided in subsections (f) and (h), a not-for-profit public sewer utility may require connection to its sewer system of property producing sewage or similar waste and require the discontinuance of use of a sewage disposal system if:

(1) there is an available sanitary sewer within three hundred (300) feet of:

(A) the property line, if the property is:

(i) located in a consolidated city;

(ii) adjacent to a body of water, including a lake, river, or reservoir; or

(iii) any part of a subdivision, or land that is divided or proposed to be divided into lots, whether contiguous or subject to zoning requirements, for the purpose of sale or lease as part of a larger common plan of development or sale; or

(B) for all other properties, the improvement or other structure from which the sewage or similar waste is discharged; and

(2) the utility has given written notice by certified mail to the property owner at the address of the property at least ninety (90) days before the date for connection stated in the notice.

The notice given under subdivision (2) must also inform the property owner, other than an owner of property located in a consolidated city, that the property owner may qualify for an exemption as set forth in subsection (f).

(f) Subject to subsection (h), a property owner is exempt from the requirement to connect to a not-for-profit public sewer utility's sewer system and to discontinue use of a sewage disposal system if the following conditions are met:

(1) The property owner's sewage disposal system is a septic tank soil absorption system that was new at the time of installation and approved in writing by the local health department.

(2) The property owner, at the property owner's expense, obtains a written determination from the local health department or the department's designee that the septic tank soil absorption system is not failing. The local health department or the department's designee shall provide the owner with a written determination not later than sixty (60) days after receipt of the owner's request. If the local health department or the department's designee fails to provide a written determination within the time established in this subdivision, the owner, at the owner's expense, may obtain a written determination from a qualified inspector. If the local health department or the department's designee determines that a septic tank soil absorption system is failing, the property owner may appeal the determination to the board of the local health department. The decision of the board is final and binding.

(3) The property owner provides the not-for-profit public sewer utility with:

(A) the written notification of potential qualification for the exemption described in subsection (i); and

(B) the written determination described in subdivision (2);

within the time limits set forth in subsection (i).

(g) If a property owner, within the time allowed under subsection (i), notifies a not-for-profit public sewer utility in writing that the property owner qualifies for the exemption under this section, the not-for-profit public sewer utility shall, until the property owner's eligibility for an exemption under this section is determined, suspend the requirement that the property owner discontinue use of a sewage disposal system and connect to the not-for-profit public sewer utility's sewer system.

(h) A property owner who qualifies for the exemption provided under this section may not be required to connect to the not-for-profit public sewer utility's sewer system for a period of ten (10) years beginning on the date the new sewage disposal system was installed. A property owner may apply for two (2) five (5) year extensions of the exemption provided under this section by following the procedures set forth in subsections (f) and (g). If ownership of an exempt property is transferred during a valid exemption period, including during an extension of an initial exemption:

(1) the exemption applies to the subsequent owner of the property for the remainder of the exemption period during which the transfer occurred; and

(2) the subsequent owner may apply for any remaining extensions.

However, the total period during which a property may be exempt from the requirement to connect to a district's sewer system under this section may not exceed twenty (20) years, regardless of ownership of the property.

(i) To qualify for an exemption under this section, a property owner must:

(1) within sixty (60) days after the date of the written notice given to the property owner under subsection (e), notify the not-for-profit public sewer utility in writing that the property owner qualifies for the exemption under this section; and

(2) within one hundred twenty (120) days after the not-for-profit public sewer utility receives the written notice provided under subdivision (1), provide the not-for-profit public sewer utility with the written determination required under subsection (f)(2).

(j) When a property owner who qualifies for an exemption under this section subsequently discontinues use of the property owner's sewage disposal system and connects to the not-for-profit public sewer utility's sewer system, the property owner may be required to pay only the following to connect to the sewer system:

(1) The connection fee the property owner would have paid if the property owner connected to the sewer system on the first date the property owner could have connected to the sewer system.

(2) Any additional costs:

(A) considered necessary by; and

(B) supported by documentary evidence provided by;

the not-for-profit public sewer utility.

(k) A not-for-profit public sewer utility may not require a property owner to connect to the not-for-profit public sewer utility's sewer system if:

(1) the property is located on at least ten (10) acres;

(2) the owner can demonstrate the availability of at least two (2) areas on the property for the collection and treatment of sewage that will protect human health and the environment;

(3) the waste stream from the property is limited to domestic sewage from a residence or business;

(4) the system used to collect and treat the domestic sewage has a maximum design flow of seven hundred fifty (750) gallons per day; and

(5) the owner, at the owner's expense, obtains and provides to the district a certification from the local health department or the department's designee that the system is not failing.

(l) A property owner who connects to a not-for-profit public sewer utility's sewer system may provide, at the owner's expense, labor, equipment, materials, or any combination of labor, equipment, and materials from any source to accomplish the connection to the sewer system, subject to inspection and approval by the not-for-profit public sewer utility.

(m) This section does not affect the authority of the Indiana department of health, a local health department, or a county health officer with respect to a sewage disposal system.

(n) For purposes of this section, a sewage disposal system is "failing" if one (1) or more of the following apply:

(1) The system refuses to accept sewage at the rate of design application and interferes with the normal use of plumbing fixtures.

(2) Effluent discharge exceeds the absorptive capacity of the soil into which the system discharges, resulting in ponding, seepage, or other discharge of the effluent to the ground surface or to surface waters.

(3) Effluent discharged from the system contaminates a potable water supply, ground water, or surface waters.

(o) As used in this section, "qualified inspector" means any of the following:

(1) An employee of a local health department who is designated by the local health department as having sufficient knowledge of onsite sewage systems to determine if an onsite sewage system is failing.

(2) An individual who is certified by the Indiana Onsite Wastewater Professionals Association as an onsite sewage system installer or inspector.

(3) An individual listed by the Indiana department of health or the local health department with jurisdiction over the service area of the property inspected as having sufficient knowledge of onsite sewage systems to determine if an onsite sewage system is failing.

As added by P.L.82-1986, SEC.1. Amended by P.L.35-1990, SEC.25; P.L.78-1996, SEC.1; P.L.97-2012, SEC.1; P.L.178-2013, SEC.1; P.L.292-2013, SEC.1; P.L.56-2023, SEC.50.
Ind. Code § 8-22-2-7 — Indiana Code / Title 8 / Article 22 / Chapter 2 / Section 8-22-2-7
Breach of agreements; rules and regulations; taxation; reports of estimated appropriations; reserve or depreciation account
Status: in_force

Sec. 7. (a) The board may, in the name of the eligible entity, take action to recover damages for the breach of an agreement, express or implied, relating to the operation, control, leasing, management, or improvement of the property under its control, to impose the penalties for the violation of ordinances of the entity or of its rules or regulations, and for injury to the personal or real property under its control, and to recover possession of any such property. All rules and regulations that the board adopts under this chapter shall be published in accordance with IC 5-3-1.

(b) In addition to other taxes of the eligible entity, a tax may be levied annually by the fiscal body for aviation purposes, and the entity's treasurer shall collect the taxes as other taxes are collected. When the taxes are collected they shall be deposited in the treasury of the entity in a separate fund known as the "aviation fund". Only one (1) tax levy for aviation purposes may be imposed upon the assessed property in a county, city, or town unless that unit approves by ordinance the levy of more than one (1) tax for aviation purposes. The fiscal body of the entity may appropriate and transfer to the aviation fund any sum or sums out of the general funds of the entity, in accordance with statutes providing for additional appropriations for the entities, and the fiscal body may borrow money and issue bonds of the entity for aviation purposes and shall turn the proceeds from the bonds into the aviation fund of the entity.

(c) The board of aviation commissioners shall prepare and file with the executive of the eligible entity annually, at the time the executive designates, a full and detailed estimate of the appropriations required during the ensuing year for the maintenance and operation of the airports and landing fields showing the number of employees, including manager and secretary, and the amount of salary and wages recommended for each. Expenditures for the maintenance and operation of the airports or landing fields are limited to the appropriations of money made in advance by the fiscal body upon furnished estimates. Purchases and expenditures shall be made and allowable claims shall be paid by the board in the same manner as provided for the allowance of other claims against the entity. The fiscal body of the entity may appropriate a sufficient amount for the help, supplies, and equipment necessary for the equipment and maintenance of the airports or landing fields.

(d) The fiscal body of the entity may initially appropriate a sufficient amount as a rotary fund to be used by the board for:

(1) the purchase of fuels and lubricants to be sold to the general public in the operation of the airport; and

(2) paying the cost of personnel, supplies, and equipment necessary for the operation and maintenance of the airport fueling system.

(e) All funds received from the sale of fuels and lubricants purchased with funds from a rotary fund shall be transferred at least once a month to the treasurer of the entity to remain in the rotary fund to be checked against by the board as other appropriations are disbursed, for the sole purpose of:

(1) purchasing fuels and lubricants for sale to the public in the operation of the airport; and

(2) paying the cost of personnel, supplies, and equipment necessary for the operation and maintenance of the airport fueling system.

(f) Notwithstanding subsection (e), the board, in its discretion, may at any time transfer profits from the sale of fuels and lubricants to:

(1) the aviation fund; or

(2) the reserve or depreciation account created under subsection (i).

At the end of each fiscal year, the board shall make a detailed statement to the fiscal body showing the amount of money received and paid over to the treasurer to the credit of the rotary fund and also showing the amount of fuels and lubricants on hand.

(g) If at the end of a fiscal year:

(1) the accumulated rotary fund, not including any amounts transferred under subsection (f); plus

(2) the value of inventory of fuels and lubricants on hand;

exceeds the total previous year's expenditure from the fund by twenty-five percent (25%), the profits shall be transferred to the aviation fund, or, in the board's discretion, to the reserve or depreciation account created under subsection (i).

(h) The board may incur obligations or liability of any sort on behalf of the entity only if it falls within the appropriation specifically made for that purpose. All money remaining in the treasury to the credit of the board at the end of the calendar year belongs to the general aviation fund to be used by the board for aviation purposes. All funds received by the board from whatever source, except funds received from the sale of fuels and lubricants purchased by funds from the rotary fund, shall be deposited in the treasury of the entity to the credit of the aviation fund.

(i) The board may create a reserve or depreciation account for the purpose of capital improvements or replacements out of operating profits from the operation of the airport.

[Pre-Local Government Recodification Citation: 19-6-1-8.]

As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.81-1996, SEC.10; P.L.74-2018, SEC.1.
Ind. Code § 8-2.1-19-3 — Indiana Code / Title 8 / Article 2.1 / Chapter 19 / Section 8-2.1-19-3
Application of chapter
Status: in_force

Sec. 3. This chapter does not apply to a personal vehicle operated by a TNC driver.

As added by P.L.175-2015, SEC.9.
Ind. Code § 8-2.1-17-0.1 — Indiana Code / Title 8 / Article 2.1 / Chapter 17 / Section 8-2.1-17-0.1
Repealed
Status: repealed

As added by P.L.220-2011, SEC.189. Repealed by P.L.7-2015, SEC.17.
Ind. Code § 8-1-34-6 — Indiana Code / Title 8 / Article 1 / Chapter 34 / Section 8-1-34-6
"Holder"
Status: in_force

Sec. 6. As used in this chapter, "holder" refers to a person that holds a certificate issued by the commission under this chapter after June 30, 2006.

As added by P.L.27-2006, SEC.58.
Ind. Code § 8-1-42-10 — Indiana Code / Title 8 / Article 1 / Chapter 42 / Section 8-1-42-10
Setback requirements; highways, collector roads, and local roads; nonparticipating properties; landscape buffer; height restriction; waiver of setback and buffer requirements with consent of nonparticipating property owner
Status: in_force

Sec. 10. (a) Subject to subsection (e), and except as otherwise allowed by IC 36-7-4-1109, a project owner may not install or locate a CSE system on property in a unit unless the distance, measured as a straight line, from the nearest outer edge of the CSE system's solar panels to:

(1) the nearest edge of the right-of-way for any:

(A) federal interstate highway, federal highway, state highway, or county highway is at least forty (40) feet;

(B) collector road is at least thirty (30) feet; or

(C) local road is at least ten (10) feet; or

(2) the property line of any nonparticipating property is at least fifty (50) feet.

(b) Subject to subsection (e), and except as otherwise allowed by IC 36-7-4-1109, a project owner may not install or locate a CSE system on property in a unit unless the distance, measured as a straight line, from the nearest outer edge of the CSE system's solar panels to the nearest point on the outer wall of a dwelling located on a nonparticipating property is at least two hundred fifty (250) feet.

(c) Subject to subsection (e), and except as otherwise allowed by IC 36-7-4-1109, if a project owner installs a CSE system within a distance of two hundred fifty (250) feet, measured as a straight line, from the nearest outer edge of the CSE system's solar panels to the nearest point on the outer wall of a dwelling located on a nonparticipating property, the project owner shall install a landscape buffer in the area between the nearest outer edge of the CSE system's solar panels and the nonparticipating property owner's property line that faces the CSE system's solar panels. The landscape buffer must be:

(1) in a location that is not on the property of the nonparticipating property owner; and

(2) constructed from such materials;

as set forth in a plan submitted to the unit during the permitting and approval process for the CSE system.

(d) Except as otherwise allowed by IC 36-7-4-1109, a project owner may not install or locate a CSE system on property in a unit unless the height of the CSE system solar panels are not more than twenty-five (25) feet above ground level when the CSE system's arrays are at full tilt. However, a permit authority or a unit may not impose a clearance requirement between the ground and the bottom edge of a CSE system's solar panels.

(e) The:

(1) distance requirements set forth in subsection (a)(2) and subsection (b); and

(2) requirement for the installation of a landscape buffer set forth in subsection (c);

may be waived with respect to the siting of any one (1) CSE system, subject to the written consent of the owner of each affected nonparticipating property.

As added by P.L.90-2022, SEC.2.
Ind. Code § 8-1-2.8-1 — Indiana Code / Title 8 / Article 1 / Chapter 2.8 / Section 8-1-2.8-1
"ADA"
Status: in_force

Sec. 1. As used in this chapter, "ADA" refers to the federal Americans with Disabilities Act of 1990 (47 U.S.C. 225).

As added by P.L.75-1991, SEC.1.
Ind. Code § 8-23-32-15 — Indiana Code / Title 8 / Article 23 / Chapter 32 / Section 8-23-32-15
Photographs and recorded images; evidence of violation of chapter; destruction
Status: in_force

Sec. 15. (a) A worksite speed control system may not be used to take a photograph or recorded image of the front of a motor vehicle.

(b) A photograph or recorded image of the front of a motor vehicle obtained through the use of a worksite speed control system may not be used as evidence of a violation under this chapter.

(c) The information and recorded images collected under the pilot program are confidential under IC 5-14-3.

(d) Except as otherwise provided in this section, information and photographs or recorded images collected under the pilot program are not discoverable by court order as evidence in a proceeding except to assess a penalty under section 18 of this chapter.

(e) Information and a photograph or recorded image collected under the pilot program must be destroyed not later than two (2) years after the date the information and photograph or recorded image is collected.

(f) Notwithstanding any other provision of law, information and photographs or recorded images collected under the pilot program are the exclusive property of the state of Indiana and not the property of the manufacturer or vendor of the worksite speed control system.

As added by P.L.120-2023, SEC.2.
Ind. Code § 8-1-46-15 — Indiana Code / Title 8 / Article 1 / Chapter 46 / Section 8-1-46-15
"Sustained service interruption"
Status: in_force

Sec. 15. (a) As used in this chapter, "sustained service interruption" means a service interruption that is at least five (5) minutes in duration.

(b) The term does not include the following, regardless of duration:

(1) A planned service interruption that is:

(A) initiated by an electricity supplier to perform scheduled activities, such as work related to:

(i) system or facilities maintenance or upgrades;

(ii) infrastructure improvements; or

(iii) new construction; and

(B) communicated to customers in advance.

(2) A curtailment or interruption of service to a customer receiving service under an interruptible service tariff to the extent that the curtailment or interruption of service occurs in accordance with the customer's service agreement.

As added by P.L.36-2026, SEC.10.
Ind. Code § 8-1-2-36.5 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-36.5
Installation of submetering equipment for individual units; adoption of rules
Status: in_force

Sec. 36.5. (a) As used in this section, "building" means any building containing more than one (1) residential unit, including trailer courts and similar multiple user installations, but does not include hotels, motels, or other similar transient lodging.

(b) Notwithstanding any other law, any owner, operator, or manager of a building in which:

(1) units of the building are separately rented or leased; and

(2) units of the building are not individually metered for electricity because the building is exempt from commission rules on master metering or for any other lawful reason;

may install kilowatt hour submetering equipment for each individual dwelling unit to fairly allocate the cost of each individual dwelling unit's electrical consumption and charge the tenant of the dwelling unit for that consumption.

(c) The submetering equipment shall be used to measure the number of kilowatt hours used by a tenant during a particular billing period. The amount that a tenant owes is equal to:

(1) the total number of kilowatt hours consumed by the tenant during a particular billing period; multiplied by

(2) a fraction, the numerator of which is the total electric bill for a master meter, and the denominator of which is the total kilowatt hours consumed on a master meter, all for the same billing period as in subdivision (1).

The total electric bill for a master meter, in addition to the rate per kilowatt hour, includes any sales tax, demand charges, energy component charges, and any other taxes or charges that are lawfully applied to the bill. The owner, operator, or manager of a building or buildings served by a master meter may not impose on the tenant any extra charges over and above the total electric bill for a master meter (which includes the rate per kilowatt hour and any lawful taxes or charges, but does not include a late payment charge) for a particular billing period than is charged to the owner, operator, or manager of a building or buildings served by a master meter.

(d) The commission shall adopt rules in accordance with IC 4-22-2 to govern the following:

(1) Maintenance of adequate records by the owner, operator, or manager of a building or buildings served by a master meter.

(2) Accuracy, testing, and recordkeeping associated with the submeters.

(3) Complaints of violations of this section, filed with and investigated by the consumer affairs department of the commission.

(4) Procedures for the installation of submetering equipment.

(5) Procedures for hearings on complaints filed under subdivision (3).

(6) Any other rules necessary to carry out this section.

(e) In the hearings on complaints under subsection (d)(5), the commission's authority is limited solely to a determination of whether a violation did in fact occur.

(f) The commission shall adopt rules in accordance with IC 4-22-2 to carry out this section.

As added by P.L.60-1984, SEC.1. Amended by P.L.7-1987, SEC.11; P.L.23-1988, SEC.23.
Ind. Code § 8-22-3-4 — Indiana Code / Title 8 / Article 22 / Chapter 3 / Section 8-22-3-4
Members of board
Status: in_force

Sec. 4. (a) Except as provided in subsections (b), (c), (d), (e), (f), and (g) and section 4.3 of this chapter, the board consists of four (4) members, whenever the fiscal body of an eligible entity, acting individually, establishes an authority. Except as provided in subsection (h) and sections 3.9 and 4.5(f) of this chapter, the members of the board shall be appointed by the executive of the entity, and not more than two (2) members of the board may be of the same political party.

(b) In the event that two (2) cities or one (1) city and one (1) town act jointly to establish an authority under this chapter, the board consists of five (5) members. The executive of each city or town shall each appoint two (2) members to the board. The county executive shall appoint one (1) member to the board. Except as provided in section 3.9 of this chapter, each member appointed by an executive must be of a different political party than the other appointed member.

(c) In the event that an authority is established by a city or town and a county, acting jointly, the board consists of six (6) members. The executive of each entity shall appoint three (3) members. Except as provided in section 3.9 of this chapter, not more than two (2) members appointed by each executive may be of the same political party.

(d) In the event that an authority was established under IC 19-6-3 (before its repeal on April 1, 1980) the board consists of five (5) members. Three (3) members of the board shall be appointed by the mayor of the city, and two (2) members of the board shall be appointed by the board of commissioners of the county. Except as provided in section 3.9 of this chapter, not more than two (2) members representing the city may be members of the same political party, and not more than one (1) member representing the county may be a member of the same political party.

(e) Except as provided in section 4.1(b)(3) of this chapter, the county executive of each Indiana county that is adjacent to a county establishing an authority under this chapter and in which the authority owns real property may appoint one (1) advisory member to the board. An advisory member who is appointed under this subsection:

(1) must be a resident of the adjacent county;

(2) may not vote on any matter before the board;

(3) serves at the pleasure of the appointing authority; and

(4) serves without compensation or payment for expenses.

(f) The board of an authority established in the city of Frankfort consists of five (5) members. The members of the board shall be appointed by the executive of the eligible entity.

(g) This subsection does not apply to a board subject to subsection (b), (c), (d), or (f). Notwithstanding subsection (a), the fiscal body of an eligible entity may adopt an ordinance or a resolution providing that the board consists of five (5) members. Except as provided in section 3.9 of this chapter, if the board consists of five (5) members, not more than three (3) members may be of the same political party.

(h) If an airport authority is established under this section by the fiscal body of Clark County, the board must consist of four (4) members. Subject to section 4.5(f) of this chapter (concerning the initial members of the board):

(1) three (3) of the members of the board shall be appointed by the county executive of Clark County; and

(2) one (1) of the members of the board shall be appointed by the legislative body of the town of Sellersburg.

The board may consist of five (5) members if the fiscal body of Clark County adopts an ordinance or resolution as provided in subsection (g). Subject to section 4.5(f) of this chapter (concerning the initial members of the board), if the board consists of five (5) members, three (3) of the members of the board shall be appointed by the county executive of Clark County, one (1) of the members of the board shall be appointed by the fiscal body of Clark County, and one (1) of the members of the board shall be appointed by the legislative body of the town of Sellersburg.

[Pre-Local Government Recodification Citations: 19-6-2-4; 19-6-3-4; 19-6-3.5-5.]

As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.101-1985, SEC.1; P.L.333-1989(ss), SEC.3; P.L.3-1990, SEC.37; P.L.116-1995, SEC.3; P.L.111-2001, SEC.1; P.L.170-2002, SEC.69; P.L.134-2005, SEC.4; P.L.119-2012, SEC.99; P.L.84-2013, SEC.1; P.L.104-2022, SEC.71; P.L.18-2025, SEC.3.
Ind. Code § 8-16-2-4 — Indiana Code / Title 8 / Article 16 / Chapter 2 / Section 8-16-2-4
Estimates of construction costs; issuance of bonds
Status: in_force

Sec. 4. If the department shall, in its discretion, determine to construct any such bridge as in this chapter provided for, in accordance with the authority conferred by this chapter, the department shall ascertain and estimate, as nearly as is practicable, the probable cost of the location and construction of such bridge, including the approaches thereto as a part thereof, and including also in said estimated cost the cost of acquiring all necessary personal and real property and easements in real property, and shall certify the amount of such estimated cost, together with a copy of its order expressing its determination to construct such bridge, to the county auditor of that county in Indiana in which such bridge, or any part thereof, considering the approaches thereto as a part thereof, is located; and thereupon such county, by and through its board of county commissioners, by appropriate resolution and order, shall forthwith issue and execute the negotiable bonds of such county, with proper interest coupons attached thereto, in an amount equal to one-fourth of such estimated cost of the location and construction of such bridge: Provided, That no county shall issue its bonds under the provisions of, or for any of the purposes contemplated in, this chapter in any amount in excess of one percent (1%) of the adjusted value of the taxable property within such county as determined under IC 36-1-15.

Formerly: Acts 1927, c.10, s.4. As amended by Acts 1980, P.L.74, SEC.282; P.L.6-1997, SEC.135.
Ind. Code § 8-1-17.5-5 — Indiana Code / Title 8 / Article 1 / Chapter 17.5 / Section 8-1-17.5-5
"Successor corporation"
Status: in_force

Sec. 5. As used in this chapter, "successor corporation" means a corporation that is formed from a consolidation of two (2) or more corporations under this chapter.

As added by P.L.18-2010, SEC.1.
Ind. Code § 8-1-42-1 — Indiana Code / Title 8 / Article 1 / Chapter 42 / Section 8-1-42-1
Applicability; "solar 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 20 of this chapter, or standards less restrictive than the standards set forth in sections 10 through 20 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 CSE systems in a unit that qualifies as a solar 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 who seeks to install a solar energy device (as defined in IC 32-23-4-3) 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 20 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 CSE systems 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 CSE systems 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 CSE systems in one (1) or more units.

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

(1) the standards set forth in sections 10 through 20 of this chapter; or

(2) standards less restrictive than the standards set forth in sections 10 through 20 of this chapter.

As added by P.L.90-2022, SEC.2.
Ind. Code § 8-1-2.8-7 — Indiana Code / Title 8 / Article 1 / Chapter 2.8 / Section 8-1-2.8-7
"Local exchange access service"
Status: in_force

Sec. 7. As used in this chapter, "local exchange access service" means telephone exchange access lines or channels that provide local access to the local telecommunications network to effect the transfer of information.

As added by P.L.75-1991, SEC.1.
Ind. Code § 8-17-3-2 — Indiana Code / Title 8 / Article 17 / Chapter 3 / Section 8-17-3-2
Supervisor's duties
Status: in_force

Sec. 2. The supervisor has general supervision of the maintenance and repair of all highways, bridges, and culverts of the county that are maintained or repaired from the highway fund of the county.

Formerly: Acts 1933, c.27, s.2. As amended by P.L.86-1988, SEC.107.
Ind. Code § 8-4-1-20 — Indiana Code / Title 8 / Article 4 / Chapter 1 / Section 8-4-1-20
Financing of operations; loans and issue of security
Status: in_force

Sec. 20. A railroad may, from time to time, borrow such sums of money as they may deem necessary for completing or operating their railroad, and issue and dispose of their bonds for any amounts so borrowed, for such sums, and at such rate of interest as is allowed by the laws of the state where such contract is made, and mortgage their corporate property and franchises to secure the payment of any debt contracted by the railroad; and the directors of the railroad may confer on any holder of any bond issued for money borrowed as aforesaid the right to convert the principal due or owing thereon into stock of said company, at any time not exceeding fifteen (15) years from the date of said bond, under such regulations as the railroad may adopt; and the railroad may sell their bonds, either within or without this state, at such rates and prices as permitted by law, and such sales shall be as valid as if such bonds should be sold at par value.

Formerly: Acts 1852, 1RS, c.83, s.19. As amended by P.L.146-2017, SEC.9.
Ind. Code § 8-21-1-6 — Indiana Code / Title 8 / Article 21 / Chapter 1 / Section 8-21-1-6
Repealed
Status: repealed

Formerly: Acts 1945, c.360, s.6; Acts 1975, P.L.93, SEC.6. Repealed by Acts 1980, P.L.74, SEC.434.
Ind. Code § 8-15.7-5-10 — Indiana Code / Title 8 / Article 15.7 / Chapter 5 / Section 8-15.7-5-10
Memoranda of understanding for implementation of public-private agreement
Status: in_force

Sec. 10. The department may enter into one (1) or more memoranda of understanding with respect to the implementation and administration of a public-private agreement. The memoranda may provide that the department has responsibility for, and shall administer and oversee certain aspects of the implementation of, the public-private agreement under this article, including:

(1) undertaking any oversight and monitoring of the operator as provided under the public-private agreement;

(2) reviewing plans for development and operation, as applicable, as provided under the public-private agreement;

(3) granting or denying all consents and approvals as provided under the public-private agreement, except for consents and approvals relating to financial matters that the department is not permitted to grant or deny under applicable law, in which case the authority shall execute the consents and approvals prepared by the department;

(4) receiving all development, operations, and financial reports prepared by the operator or others, as provided under the public-private agreement;

(5) preparing, negotiating, and executing any change orders and amendments to the public-private agreement;

(6) issuing other written correspondence and communications on behalf of the authority as provided under the public-private agreement;

(7) preparing and issuing noncompliance letters and reports, warning notices, and default letters to the operator as provided under the public-private agreement; and

(8) exercising rights and remedies for a breach or default by the operator as provided under the public-private agreement, except for rights and remedies relating to financial matters that the department is not permitted to exercise under applicable law, in which case the authority shall exercise the rights and remedies.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-1-40.1-3 — Indiana Code / Title 8 / Article 1 / Chapter 40.1 / Section 8-1-40.1-3
"Distributed energy resource aggregator"
Status: in_force

Sec. 3. As used in this chapter, "distributed energy resource aggregator" means a person that aggregates one (1) or more distributed energy resources for purposes of participating in one (1) or more of the capacity, energy, or ancillary service markets of a regional transmission organization.

As added by P.L.71-2022, SEC.11.
Ind. Code § 8-8-9-3 — Indiana Code / Title 8 / Article 8 / Chapter 9 / Section 8-8-9-3
Investigations and enforcement
Status: in_force

Sec. 3. The Indiana department of transportation shall make the necessary investigations concerning compliance with the provisions of this chapter and cause to be filed by the proper enforcing agencies affidavits for the enforcement of this chapter.

Formerly: Acts 1959, c.35, s.3. As amended by P.L.62-1984, SEC.124; P.L.384-1987(ss), SEC.86; P.L.18-1990, SEC.95.
Ind. Code § 8-22-2-3 — Indiana Code / Title 8 / Article 22 / Chapter 2 / Section 8-22-2-3
Terms of office of board members
Status: in_force

Sec. 3. (a) The first members of the board hold office as follows:

(1) One (1) for the term of one (1) year.

(2) One (1) for the term of two (2) years.

(3) One (1) for the term of three (3) years.

(4) In the case of:

(A) a board initially established with four (4) members, one (1) for the term of four (4) years; or

(B) a board initially established with five (5) members, two (2) for the term of four (4) years.

The members serve under this subsection from twelve o'clock noon on the first Monday in January of the year of their appointment.

(b) On the expiration of the respective terms, the executive shall appoint a commissioner or commissioners to fill the vacancies caused by the expiration, and the commissioner or commissioners so appointed hold office for a term of four (4) years, and until their successors are appointed and qualified, and if a vacancy occurs in the board by resignation or otherwise, the executive shall appoint a commissioner for the remainder of the term. The executive of the eligible entity may, at any time, remove a commissioner from office, but only upon filing in writing with the clerk or other officer performing duties similar to that of clerk in entities having no clerk, the reasons for the removal.

[Pre-Local Government Recodification Citation: 19-6-1-4.]

As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.134-2005, SEC.3.
Ind. Code § 8-6-7.7-3 — Indiana Code / Title 8 / Article 6 / Chapter 7.7 / Section 8-6-7.7-3
Closing or abolishing grade crossing
Status: in_force

Sec. 3. The Indiana department of transportation may order legally closed and abolished as a public way, within the limits of a railroad right-of-way, any grade crossing then in existence at the time the department assumes jurisdiction of the matter:

(1) upon a finding that the enhancement of public safety resulting from the closing will outweigh any inconvenience caused by increased circuitry of highway routes; or

(2) based upon criteria specified in rules adopted by the department under section 3.1 of this chapter.

The order by the department may be issued either in connection with, or independent of, an order relating to automatic train-activated warning signals. The authority of the department to legally close and abolish grade crossings is in addition to any authority by law granted to other state agencies or to local units of government to close and abolish grade crossings. Upon the issuance of an order by the department, the railroad or railroads involved shall physically remove the crossing from the tracks, and the governmental unit maintaining the highway shall remove or barricade the approaches to the crossing.

Formerly: Acts 1973, P.L.66, SEC.1. As amended by P.L.384-1987(ss), SEC.66; P.L.18-1990, SEC.76; P.L.81-1996, SEC.5.
Ind. Code § 8-1-1.1-4.1 — Indiana Code / Title 8 / Article 1 / Chapter 1.1 / Section 8-1-1.1-4.1
Powers and duties
Status: in_force

Sec. 4.1. (a) The consumer counselor may appear on behalf of ratepayers, consumers, and the public in:

(1) hearings before the commission, the department of state revenue, or the Indiana department of transportation;

(2) appeals from the orders of the commission, the department of state revenue, or the Indiana department of transportation; and

(3) suits and actions in a court that may involve rates for service, services, extensions, and contracts for service, valuations of utilities, applications of utilities for authority to issue securities, applications for mergers and sales, and in all other proceedings, including proceedings before federal agencies, and suits and actions in which the subject matter of the action affects the consumers of a utility, motor carrier, or railroad doing business in Indiana.

(b) The counselor shall decide whether to appeal an order of the commission, the department of state revenue, or the Indiana department of transportation and may on the counselor's own motion initiate an appeal.

As added by P.L.1-1990, SEC.93.
Ind. Code § 8-14-12-7 — Indiana Code / Title 8 / Article 14 / Chapter 12 / Section 8-14-12-7
Permitted uses
Status: in_force

Sec. 7. A county executive shall use money received under this chapter only to maintain historic bridges or covered bridges in the county in a manner that the county executive determines.

As added by P.L.158-2001, SEC.1.
Ind. Code § 8-2.1-24-9 — Indiana Code / Title 8 / Article 2.1 / Chapter 24 / Section 8-2.1-24-9
Hearing; report of findings of fact and decision; exceptions
Status: in_force

Sec. 9. (a) The department may hear all petitions or motions filed with the department. The hearings may be conducted by the department, a member of the department, or an administrative law judge. The hearings shall be conducted in accordance with rules adopted by the department under IC 4-22-2.

(b) An administrative law judge shall promptly report to the department the facts established by evidence and submit a suggested order, showing the findings and a decision to the department.

(c) An order recommended by an administrative law judge may not be held for less than ten (10) days during which an interested party may file a written exception. If an exception is not filed, the finding of facts and decision in form of the order suggested by the administrative law judge shall be the order of the department, unless the department directs otherwise.

As added by P.L.110-1995, SEC.29.
Ind. Code § 8-2.1-22-0.1 — Indiana Code / Title 8 / Article 2.1 / Chapter 22 / Section 8-2.1-22-0.1
Application of certain amendments to chapter; delay of repeal of single state registration system by Congress; termination of application of amendments in Indiana
Status: in_force

Sec. 0.1. (a) The amendments made to sections 1, 7, and 33 of this chapter by P.L.42-2007 apply to registrations and fees due after December 31, 2006.

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

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

(2) January 1, 2008.

As added by P.L.220-2011, SEC.191.
Ind. Code § 8-2.1-24-22 — Indiana Code / Title 8 / Article 2.1 / Chapter 24 / Section 8-2.1-24-22
Augmenting, interchanging, or leasing equipment; lease of equipment and driver to shipper by noncarrier lessor
Status: in_force

Sec. 22. (a) A motor carrier augmenting equipment, interchanging equipment, or leasing equipment, with or without drivers, shall comply with the rules of the department governing lease and interchange of vehicles.

(b) If a lessor who is not a motor carrier leases both equipment and driver to a shipper, the arrangement is presumed to result in private carriage by the shipper, subject to the conditions of this subsection. A lease agreement under this subsection must:

(1) be reduced to writing;

(2) be for a term of at least thirty (30) days;

(3) provide that the leased equipment is exclusively committed to the lessee's use for the term of the lease;

(4) provide that during the term of the lease, the lessee accepts, possesses, and exercises exclusive dominion and control over the leased equipment and assumes complete responsibility for the operation of the equipment;

(5) require that the lessee maintain public liability insurance and accept responsibility to the public for any injury caused in the course of performing the transportation service conducted by the lessee with the equipment during the term of the lease; and

(6) require that the lessee display appropriate identification on all equipment leased by it, showing operation by the lessee during the performance of the transportation.

(c) A presumption under subsection (b) may be rebutted if actual operations under the lease agreement weaken the control and responsibility required of a shipper when conducting transportation operations with equipment and drivers leased from a single source.

As added by P.L.110-1995, SEC.29.
Ind. Code § 8-23-9-15 — Indiana Code / Title 8 / Article 23 / Chapter 9 / Section 8-23-9-15
Repealed
Status: repealed

As added by P.L.18-1990, SEC.218. Amended by P.L.117-1995, SEC.2. Repealed by P.L.267-2001, SEC.2.
Ind. Code § 8-1-31-7 — Indiana Code / Title 8 / Article 1 / Chapter 31 / Section 8-1-31-7
Repealed
Status: repealed

As added by P.L.94-2000, SEC.1. Repealed by P.L.212-2015, SEC.7.
Ind. Code § 8-15.7-1-4 — Indiana Code / Title 8 / Article 15.7 / Chapter 1 / Section 8-15.7-1-4
Liberal construction; control over inconsistent laws
Status: in_force

Sec. 4. The powers conferred by this article shall be liberally construed in order to accomplish their purposes and 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.40.
Ind. Code § 8-1.5-3-6 — Indiana Code / Title 8 / Article 1.5 / Chapter 3 / Section 8-1.5-3-6
Load building appliances; purchase; sale and advertisement
Status: in_force

Sec. 6. (a) The board may purchase, sell, and advertise, for the purpose of sale, load building appliances.

(b) Load building appliances shall be designed to be used in:

(1) the consumption of the products; or

(2) the use of the services;

that the utility furnishes or is equipped to furnish to its customers.

As added by Acts 1982, P.L.74, SEC.1.
Ind. Code § 8-1-42-17 — Indiana Code / Title 8 / Article 1 / Chapter 42 / Section 8-1-42-17
Damage to drainage infrastructure; repair; installation of new infrastructure
Status: in_force

Sec. 17. This section applies with respect to a CSE system that is constructed or installed in a unit after June 30, 2022. Except as otherwise allowed by IC 36-7-4-1109, all damages to waterways, drainage ditches, field tiles, or other drainage related infrastructure caused by the construction, installation, or maintenance of a CSE system must be completely repaired by the project owner or remedied with the installation of new drainage infrastructure so as to not impede the natural flow of water. All repairs must be completed within a reasonable period of time and:

(1) to the satisfaction of the unit; and

(2) as stated in an applicable lease or another agreement with the landowner;

subject to applicable federal, state, and local drainage laws and regulations.

As added by P.L.90-2022, SEC.2.
Ind. Code § 8-1-32-2 — Indiana Code / Title 8 / Article 1 / Chapter 32 / Section 8-1-32-2
Applicability of definitions
Status: in_force

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

As added by P.L.94-2000, SEC.2.
Ind. Code § 8-16-3.5-8 — Indiana Code / Title 8 / Article 16 / Chapter 3.5 / Section 8-16-3.5-8
Notice of proposed lease; public inspection of specifications; notice of executed lease; taxpayer's objections; hearings; appeals
Status: in_force

Sec. 8. (a) When the lessor corporation and the county have agreed upon the terms and conditions of any lease proposed to be entered into under this chapter and before the final execution of the lease, a notice must be published in accordance with IC 5-3-1 of a hearing before the county executive. The notice must name the day, place, and hour of the hearing and must set forth a brief summary of the principal terms of the lease agreed upon, including the location, name of the proposed lessor corporation and character of the bridge to be leased, the rental to be paid, and the number of years the contract is to be in effect. The proposed lease, drawings, plans, specifications, and estimates for the bridge shall be available for inspection by the public during the ten (10) day period and at the meeting. All interested persons shall have a right to be heard at the time fixed, concerning the necessity for the execution of the lease and whether the rental to the lessor corporation is a fair and reasonable rental for the proposed bridge. The hearing may be adjourned to a later date, and following the hearing the county executive may either authorize the execution of the lease as originally agreed upon or may make modifications as agreed upon with the lessor corporation. However, the lease rentals as set out in the published notice may not be increased. The cost of the publication of the notice shall be borne by lessor corporations.

(b) If the execution of the lease as originally agreed upon, or as modified by agreement, is authorized by the county executive, it shall give notice of the execution of the contract by publication in accordance with IC 5-3-1. Ten (10) or more taxpayers in the lessee county affected by the proposed lease may file a petition in the office of the county auditor of the lessee county, within thirty (30) days after publication of notice of the execution of the lease, setting forth their objections and facts showing that the execution of the lease is unnecessary or unwise, or that the lease rental is not fair and reasonable. Upon the filing of any petition, the county auditor shall certify a copy, together with any other data as may be necessary in order to present the questions involved, to the department of local government finance and upon the receipt of the certified petition and information, the department of local government finance shall fix a time for the hearing not less than five (5) or more than thirty (30) days after receipt of the petition. The department of local government finance may either hold the hearing in the affected county or through electronic means. Notice of the hearing shall be given by the department of local government finance to the county commissioners of the lessee county, and to the first ten (10) taxpayer-petitioners appearing on the petition by a letter signed by one (1) member of the department of local government finance, and enclosed with full prepaid postage addressed to those persons at their usual place of residence, at least five (5) days before the date of the hearing. A:

(1) taxpayer who signed the petition; or

(2) political subdivision against which a petition is filed;

may petition for judicial review of the final determination of the department of local government finance under this subsection. The petition must be filed in the tax court not more than forty-five (45) days after the date of the department's final determination.

(c) No action to contest the validity of the lease or to enjoin the performance of any of the terms and conditions of the lease shall be instituted at any time later than thirty (30) days after publication of notice of the execution of the lease by the county executive or if an appeal has been taken to the department of local government finance, then within thirty (30) days after the decision of the department.

Formerly: Acts 1975, P.L.92, SEC.2. As amended by P.L.86-1988, SEC.31; P.L.90-2002, SEC.325; P.L.256-2003, SEC.33; P.L.38-2021, SEC.53.
Ind. Code § 8-6-12-2 — Indiana Code / Title 8 / Article 6 / Chapter 12 / Section 8-6-12-2
Improvement order; repair of street occupied by rails of railroad or street railroad; failure to comply; assessment of costs; collection
Status: in_force

Sec. 2. The board of public works or board of public works and safety of a city or town legislative body may issue a written improvement order requiring that any railroad, interurban, or interurban street railroad undertake to repair or improve that portion of the street occupied by its track, including the space between the rails, the space between the tracks if there is more than one (1) track, and the space to the end of its ties in width on the outside of said rails. The written improvement order shall be given by the board or body to the railroad, interurban, or interurban street railroad company and must allow the railroad company thirty (30) days in which to commence the repairs or improvement. If the railroad company fails to commence the work within the thirty (30) day period, then the board or body may have the repairs or improvements made and shall assess the cost against the railroad company, to be collected in the same manner as assessments for other public improvements are collected. The board or body may certify the amount owed to the clerk of the circuit court, where the amount certified shall be entered by the clerk upon the judgment docket in the clerk's office, whereupon it has the same force as a judgment pronounced in the circuit court of the county and is subject to execution in the same manner as any other judgment for money.

[Pre-Local Government Recodification Citation: 19-8-16-10 part.]

As added by Acts 1981, P.L.11, SEC.49. Amended by P.L.8-1989, SEC.51.
Ind. Code § 8-23-22-1 — Indiana Code / Title 8 / Article 23 / Chapter 22 / Section 8-23-22-1
Dangerous curves, intersections, and heavily traveled highway and bridge sections
Status: in_force

Sec. 1. The department may illuminate dangerous curves and intersections and heavily traveled sections of the highways, including bridges, in the state highway system. The illumination shall be accomplished according to nationally recognized engineering standards.

As added by P.L.18-1990, SEC.231.
Ind. Code § 8-10-2-2 — Indiana Code / Title 8 / Article 10 / Chapter 2 / Section 8-10-2-2
Manufacturing, processing, and recreational facilities; damages to public or private facilities; reimbursement
Status: in_force

Sec. 2. (a) In addition to the powers conferred upon the ports of Indiana by other provisions of this article, the ports of Indiana, whenever the ports of Indiana finds that the economic welfare of the state would thereby be benefited, by additional employment opportunities, or by additional diversification of industry within the state, or by increased income or prosperity to the state and its residents, or for any other reason, shall have the power to acquire, construct, maintain, repair, police, and lease to others such facilities for manufacturing, storage, or processing of goods, or for the carrying on of commercial, business, or recreational activities as the ports of Indiana further finds will increase the traffic into or out of the project. Any such facilities and the site thereof shall not be exempt from property taxation, and the lessee in any lease thereof shall agree to pay all property taxes levied on such facilities and the site thereof.

(b) In exercising the powers granted in this section, the ports of Indiana shall have all the powers granted to it by this article, in connection with a project, and the term "project", as used in IC 8-10-1, shall be deemed to include facilities, adjuncts, and appurtenances of the character referred to in this section.

(c) It is further declared that the acquisition, construction, maintenance, repair, policing of, and leasing to others of such facilities under the conditions set forth in this section is a public purpose.

(d) Nothing in this section shall authorize the ports of Indiana to take, condemn, or disturb any property right or interest in property, existing on March 10, 1967, including permits and authorities to fill and reclaim submerged lands, or any facilities constituting all or part of any operating property or any private or public port. The ports of Indiana shall make reimbursement for any actual damage to any public or private facilities, including but not limited to breakwaters, water intakes, wharves, piers, boat docks, warehouses, and pipeline equipment resulting from the exercise by it of any powers granted to it by this section.

Formerly: Acts 1967, c.210, s.2. As amended by P.L.66-1984, SEC.15; P.L.224-2003, SEC.225 and P.L.271-2003, SEC.25; P.L.98-2008, SEC.40.
Ind. Code § 8-9-10-3 — Indiana Code / Title 8 / Article 9 / Chapter 10 / Section 8-9-10-3
Railroad company also subject to health rules
Status: in_force

Sec. 3. In addition to this chapter, the railroad company is subject to a rule adopted under IC 16-19-3-4.4.

As added by P.L.83-2007, SEC.3.
Ind. Code § 8-21-4-1 — Indiana Code / Title 8 / Article 21 / Chapter 4 / Section 8-21-4-1
Definitions
Status: in_force

Sec. 1. In this chapter:

"Aircraft" includes balloon, airplane, hydroplane, and every other vehicle used for navigation through the air. A hydroplane, while at rest on water and while being operated on or immediately above water, shall be governed by the rules regarding water navigation. While being operated through the air otherwise than immediately above water, it shall be treated as an aircraft.

"Aeronaut" includes aviator, pilot, balloonist, and every other person having any part in the operation of aircraft while in flight.

"Passenger" includes any person riding in an aircraft but having no part in its operation.

"Pilot" means the person who has final authority and responsibility for the operation and safety of an aircraft in flight.

Formerly: Acts 1927, c.43, s.1. As amended by P.L.66-1984, SEC.141; P.L.102-2015, SEC.5.
Ind. Code § 8-1-2.2-8 — Indiana Code / Title 8 / Article 1 / Chapter 2.2 / Section 8-1-2.2-8
Joint agency
Status: in_force

Sec. 8. (a) The governing bodies of two (2) or more municipalities may, by resolution or ordinance, determine that it is in their best interests to create a joint agency, for the purpose of undertaking the planning, financing, ownership, and operation of a project or projects to supply electric power and energy for their present or future needs. Any joint agency created under this chapter shall be a body corporate and politic and a political subdivision of the state, and in exercising its powers under this chapter, it shall be deemed to be exercising a part of the sovereign powers of the state. The activities of the joint agency in carrying out the purposes of this chapter shall constitute state action. A joint agency created under this chapter is considered a governmental entity for purposes of IC 34-13-3.

(b) In determining whether or not the creation of a joint agency is in their best interests, the governing bodies shall consider the following:

(1) Whether cost reduction, efficiencies, or other advantages may be realized by creating a joint agency.

(2) Whether better financial market acceptance may result if a joint agency is responsible for issuing all of the bonds for the project or projects in a timely and orderly manner and with uniform credit ratings as opposed to multiple municipalities making separate issues of bonds.

If each governing body determines that it is in the best interests of the municipality to create a joint agency, each governing body shall adopt a mutually acceptable resolution or ordinance so finding (which need not prescribe in detail the basis for the determination), which shall set forth the names of the municipalities proposed to be members of the joint agency and shall authorize any two (2) or more of such municipalities to enter into a contract for the creation of the joint agency. After the execution of the contract, each municipality shall cause notice of the execution of the contract to be given to the presiding officer of the governing body of the municipality. The governing body shall thereupon appoint in writing one (1) commissioner of the joint agency.

(c) The appointed commissioners shall convene and issue a statement containing:

(1) a brief description of the resolution creating the joint agency;

(2) the name of the agency;

(3) the participating municipalities; and

(4) the names and addresses of the appointed commissioners.

The commissioners shall file copies of the statement with the commission, the secretary of state, and with the recorder of each county in which the member municipal utilities provide service.

(d) The joint agency shall consist of a board of commissioners. The governing body of each municipality shall appoint one (1) commissioner who may be an officer or employee of the municipality or a member or employee of the board described in IC 8-1.5-3-3(a). The appointment of a commissioner shall be made by resolution or ordinance. Each commissioner shall have not less than one (1) vote and may have such number of additional votes as a majority of the members of the joint agency shall determine. Each commissioner shall serve at the pleasure of the governing body by which the commissioner was appointed. A person may not serve as a commissioner on behalf of more than one (1) municipality at the same time. Each appointed commissioner before entering upon the commissioner's duties shall take and subscribe to an oath before a person authorized by law to administer oaths to execute the duties of the commissioner's office faithfully and impartially, and a record of the oath shall be filed with the governing body of the appointing municipality and entered in its minutes.

(e) The board of commissioners of the joint agency shall annually elect, from among its membership, a chairman and a vice chairman. It shall also annually elect another person or persons, who may be commissioners, as treasurer and secretary. It may also annually elect, if desired, one (1) or more assistant secretaries. The office of treasurer may be held by the secretary or an assistant secretary. The board of commissioners may also appoint additional officers. The secretary or assistant secretary of the joint agency shall keep a record of its proceedings, and the secretary shall be the custodian of all records, books, documents, and papers filed with the joint agency, the minute book or journal of the joint agency, and its official seal. Either the secretary or an assistant secretary of the joint agency may cause copies to be made of all minutes and other records and documents of the joint agency and may give certificates under the official seal of the joint agency to the effect that such copies are true copies, and all persons dealing with the joint agency may rely upon such certificates.

(f) A majority of the commissioners of a joint agency constitute a quorum. A vacancy in the board of commissioners of the joint agency shall not impair the right of a quorum to exercise all the rights and perform all the duties of the joint agency. Any action taken by the joint agency under this chapter may be authorized by resolution at any regular or special meeting, and each resolution takes effect immediately and need not be published or posted. A contract that is approved by a resolution of the board of commissioners may provide that an action may be taken under a delegation provision in the contract if the action taken is consistent with prudent utility practice. A majority of the votes which the convened commissioners are entitled to cast shall be sufficient to take any action or to pass any resolution, so long as the convened commissioners are entitled to cast a majority of the total number of votes held by the full board.

(g) Except as provided in this subsection, no commissioner of a joint agency may receive from the joint agency any compensation for the performance of the commissioner's duties under this chapter. However, each commissioner may be paid the commissioner's necessary expenses incurred while engaged in the performance of the commissioner's duties. In addition, a municipality may pay the commissioner it appoints up to fifteen dollars ($15) per day for each day or fraction of a day the commissioner is engaged in the performance of duties under this chapter, but only if the commissioner is not a person holding a lucrative office.

(h) The board of commissioners of the joint agency may create an executive committee of the board of commissioners. The board may provide for the composition of the executive committee. The executive committee shall have and shall exercise such of the powers and authority of the board of commissioners during the intervals between the board's meetings as shall be prescribed in the bylaws of the joint agency. The terms of office of the members of the executive committee and the method of filling vacancies on the executive committee shall be fixed by the bylaws of the joint agency.

(i) Additional municipalities may join a joint agency upon such terms and conditions as shall be provided in the contract for the creation of the joint agency.

As added by Acts 1980, P.L.68, SEC.1. Amended by P.L.90-1985, SEC.1; P.L.82-1988, SEC.3; P.L.81-1997, SEC.3; P.L.36-2017, SEC.3; P.L.136-2018, SEC.56.
Ind. Code § 8-1-26-5 — Indiana Code / Title 8 / Article 1 / Chapter 26 / Section 8-1-26-5
"Demolish"
Status: in_force

Sec. 5. As used in this chapter, "demolish" means an operation in which a structure or mass of material is wrecked, raised, rendered, moved, or removed by means of tools, equipment, or discharge of explosives.

As added by P.L.69-1990, SEC.2.
Ind. Code § 8-1-8.9-17 — Indiana Code / Title 8 / Article 1 / Chapter 8.9 / Section 8-1-8.9-17
SNG property interest; status of parties to transaction
Status: in_force

Sec. 17. An assignee or a financing party is not considered an energy utility solely by virtue of its participation in any transaction described in this chapter.

As added by P.L.175-2007, SEC.21.
Ind. Code § 8-4-21-5 — Indiana Code / Title 8 / Article 4 / Chapter 21 / Section 8-4-21-5
Approval by department
Status: in_force

Sec. 5. A purchase or lease made under this chapter is not valid until it is approved by the Indiana department of transportation.

Formerly: Acts 1913, c.169, s.6. As amended by P.L.384-1987(ss), SEC.48; P.L.18-1990, SEC.56.
Ind. Code § 8-2.1-22-28 — Indiana Code / Title 8 / Article 2.1 / Chapter 22 / Section 8-2.1-22-28
Repealed
Status: repealed

As added by P.L.99-1989, SEC.13. Repealed by P.L.205-2025, SEC.42.
Ind. Code § 8-1-32.3-7.5 — Indiana Code / Title 8 / Article 1 / Chapter 32.3 / Section 8-1-32.3-7.5
"Micro wireless facility"
Status: in_force

Sec. 7.5. As used in this chapter, "micro wireless facility" means a small cell facility to which both of the following apply:

(1) The small cell facility is not larger in dimension than:

(A) twenty-four (24) inches in length;

(B) fifteen (15) inches in width; and

(C) twelve (12) inches in height.

(2) If the small cell facility has an exterior antenna, the exterior antenna is not longer than eleven (11) inches.

As added by P.L.261-2017, SEC.2.
Ind. Code § 8-1-26-11.3 — Indiana Code / Title 8 / Article 1 / Chapter 26 / Section 8-1-26-11.3
"Prevailing time"
Status: in_force

Sec. 11.3. As used in this chapter, "prevailing time" means the time observed in Indianapolis, Indiana.

As added by P.L.53-2024, SEC.1.
Ind. Code § 8-1-28-11 — Indiana Code / Title 8 / Article 1 / Chapter 28 / Section 8-1-28-11
Recovery of costs by public utility for capital projects or implemented plan
Status: in_force

Sec. 11. (a) If the commission issues an order approving an environmental compliance plan submitted by a public utility under this chapter, the commission shall, absent fraud, concealment, gross mismanagement, or inadequate quality control, allow the public utility to do the following:

(1) If a public utility is allowed by law to earn a return on the public utility's investment, the public utility may add to the fair value of the public utility's property the fair value of a completed capital project, or part of a capital project, that:

(A) is constructed and consists of:

(i) new systems, equipment, or facilities; or

(ii) modifications to existing systems, equipment, or facilities; and

(B) is part of the environmental compliance plan approved by the commission;

up to the amount approved by the commission under section 7(2) or 12 of this chapter, whichever is applicable.

(2) The public utility may recover the costs and expense incurred by the public utility in the development and implementation of the approved environmental compliance plan, up to the amount approved under section 7(2) or 12 of this chapter, whichever is applicable.

(b) The public utility may not recover costs in excess of the cost estimate approved by the commission under section 7(2) or 12 of this chapter, whichever is applicable, unless the commission finds that the additional costs were necessary and prudent.

As added by P.L.76-1991, SEC.2.
Ind. Code § 8-18-20-18 — Indiana Code / Title 8 / Article 18 / Chapter 20 / Section 8-18-20-18
Removal of trustee or director
Status: in_force

Sec. 18. (a) A person seeking the removal of a trustee for:

(1) neglect of duty;

(2) incompetence;

(3) inability to perform the trustee's duties; or

(4) any other good cause;

may file a complaint in the circuit or superior court for the county in which the toll road authority is located. The complaint must set forth the charges preferred. The action shall be placed on the court's advanced calendar, and the court shall try the action in the same manner as other civil cases, without a jury. If the charges are sustained, the court shall declare the trustee's office vacant.

(b) The trustees may summarily remove a director from office at any time.

As added by P.L.386-1987(ss), SEC.20.
Ind. Code § 8-21-12-13 — Indiana Code / Title 8 / Article 21 / Chapter 12 / Section 8-21-12-13
Zoning restrictions
Status: in_force

Sec. 13. (a) To provide free air space for the safe descent and ascent of aircraft and for the proper and safe use of an airport or landing field acquired or maintained under this chapter, the authority may establish by resolution or resolutions a restricted zone or zones of a distance in any direction from the boundaries of the district so that no building or other structure is erected high enough to interfere with the descent of an aircraft at an approach angle necessary for safety for the usual type of operation that is conducted at the airport or landing field.

(b) The authority may acquire by condemnation or purchase, upon the payment of due compensation, the right to prevent the erection of, and to require the removal of, all buildings, towers, poles, wires, cables, other structures, and trees within the zone that interfere with the gliding angle or as much of any structure or trees that interfere with the gliding angles. When a restricted zone or zones has been established, a permit issued by a department or office of a local entity or by any state or other authority for the erection of any structure extending into a zone is effective only if approved by the authority. Establishment of a restricted zone outside of a district, in connection with the condemnation of the rights in the land, constitutes condemnation and the perpetual annihilation of all rights of the owners of the property within the zone to erect or maintain any building or structure that will interfere with the gliding angle. This result may be accomplished by absolute condemnation of the land, with perpetual and irrevocable free license to use and occupy the land within the zone for all purposes except the erection of buildings or other structures above the height so prescribed.

(c) The part of a restricted zone that extends below fifty (50) feet measured vertically from the land may be established only by purchase or proceedings in eminent domain. That part of a restricted zone that is at least fifty (50) feet above the surface of the land is in effect immediately upon the adoption by the authority of zoning rules. However, the owners of land beneath a restricted zone have the right to recover damages that may be proven in an action brought for that purpose. In an action for damages, the owner has the burden of proving damage by reason of the establishment of the restricted zone.

(d) The zoning jurisdiction granted in this section is exclusive against jurisdiction granted by any other statute unless the other statute specifically provides otherwise. In case of conflict with any airport zoning or other regulations promulgated by a local entity, the zoning rules adopted under this section prevail.

(e) All zoning rules adopted under this chapter must be reasonable and may not impose a requirement or restriction that is not reasonably necessary to effectuate the purposes of this chapter. In determining what regulations to adopt, the authority shall consider, among other things, the character of the flying operations expected to be conducted at the airport, the nature of the terrain within the airport hazard area, the character of the neighborhood, and the uses to which the property to be zoned is put and adaptable. However, this section does not apply to the location, relocation, erection, construction, change, alteration, maintenance, removal, use, or enlargement of any buildings or structures on lands owned by a public utility or railroad.

As added by P.L.28-1991, SEC.2.
Ind. Code § 8-5-15-2 — Indiana Code / Title 8 / Article 5 / Chapter 15 / Section 8-5-15-2
Establishment; composition; name
Status: in_force

Sec. 2. (a) The district is created and shall be composed solely of counties which are served by the system and through which the system passes.

(b) A district shall be a distinct municipal corporation and shall bear a name including the words "commuter transportation district". Such municipal corporation shall include all the territory of the counties that are served by the system and through which the system passes and shall be coterminous with such counties.

[Pre-Local Government Recodification Citation: 19-5-2.6-3.]

As added by Acts 1980, P.L.8, SEC.68. Amended by Acts 1981, P.L.67, SEC.5; P.L.385-1987(ss), SEC.2; P.L.108-2019, SEC.147.
Ind. Code § 8-4.5-5-3 — Indiana Code / Title 8 / Article 4.5 / Chapter 5 / Section 8-4.5-5-3
Duties of applicant
Status: in_force

Sec. 3. (a) An applicant shall complete and submit an application as prescribed by the department of natural resources.

(b) An applicant may submit more than one (1) application in a state fiscal year.

(c) Two (2) or more eligible applicants may submit a joint application. A joint application must designate a lead applicant to serve as the principal contact with the department of natural resources.

(d) The department of natural resources may not consider an application under this chapter until the department determines that the requirements for approval of a recreational trail under IC 8-4.5-6 have been satisfied.

As added by P.L.40-1995, SEC.3.
Ind. Code § 8-1-2-78 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-78
Stocks, bonds, commercial paper, and other evidences of indebtedness; authority to issue
Status: in_force

Sec. 78. A public utility, as defined in section 1 of this chapter, may, with the approval of the commission, issue stock, certificates of stock, bonds, notes, or other evidence of indebtedness payable at periods of more than twelve (12) months after the date thereof, for the purpose of and to the extent required for obtaining funds sufficient for:

(a) the acquisition of property, material, or working capital;

(b) the construction, completion, extension, or improvement of its facilities, plant, or distributing system;

(c) the improvement of its service;

(d) the discharge or lawful refunding of its obligations; or

(e) the reimbursement of its treasury for money actually expended from income, or from any other money in the treasury of the public utility, for such purposes, not secured or obtained from the issue of stock, bonds, notes, or other evidence of indebtedness of such public utility, where the applicant shall have kept its accounts and vouchers of such expenditures in such manner as to enable the commission to ascertain the amount of money so expended and the purpose for which such expenditure was made.

Formerly: Acts 1913, c.76, s.90; Acts 1939, c.19, s.2; Acts 1941, c.37, s.2. As amended by P.L.59-1984, SEC.34.
Ind. Code § 8-20-8-7 — Indiana Code / Title 8 / Article 20 / Chapter 8 / Section 8-20-8-7
Chapter not applicable to obstructions or closings before September 1, 1979
Status: in_force

Sec. 7. This chapter does not apply to any temporary obstruction or closing of any county road by any board of commissioners before September 1, 1979.

As added by Acts 1979, P.L.97, SEC.1.
Ind. Code § 8-1-28-9 — Indiana Code / Title 8 / Article 1 / Chapter 28 / Section 8-1-28-9
Submission of plan to government environmental agency; conflicts
Status: in_force

Sec. 9. A public utility shall submit its environmental compliance plan or modified environmental compliance plan to any applicable state government environmental agency on or before the date that the public utility submits the plan to the commission under this chapter. If there is a conflict between the commission and a federal or state government environmental agency concerning the necessary components of a public utility's environmental compliance plan or modified environmental compliance plan, the determination by the government environmental agency shall control.

As added by P.L.76-1991, SEC.2.
Ind. Code § 8-4-25-1 — Indiana Code / Title 8 / Article 4 / Chapter 25 / Section 8-4-25-1
Authority to underwrite
Status: in_force

Sec. 1. The board of directors of any railway company organized under and pursuant to the laws of the state of Indiana whose line of railway extends across the state in either direction, may, upon the petition of the holders of a majority of the stock of such railway company, direct the execution by such railway company of an indorsement guaranteeing the payment of the principal and interest of the bonds of any railway company organized under or pursuant to the laws of any adjoining state the construction of whose line or lines of railway would be beneficial to the business or traffic of the railway so indorsing or guaranteeing such bonds.

Formerly: Acts 1883, c.127, s.1.
Ind. Code § 8-14-11-11 — Indiana Code / Title 8 / Article 14 / Chapter 11 / Section 8-14-11-11-b
Grant application evaluation criteria
Status: in_force

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

Sec. 11. The department shall establish criteria to be used in evaluating applications for grants from the fund. These criteria:

(1) must be consistent with the purposes of the federal local bridge program (23 U.S.C. 144(n));

(2) must be based on good engineering practices; and

(3) must provide for an equitable distribution of grants to counties located throughout Indiana.

As added by P.L.117-1989, SEC.1. Amended by P.L.152-2026, SEC.80.
Ind. Code § 8-1-8.5-9 — Indiana Code / Title 8 / Article 1 / Chapter 8.5 / Section 8-1-8.5-9
Energy efficiency programs; opt out by industrial customers; prohibition against extending or renewing energy efficiency programs established under DSM order
Status: in_force

Sec. 9. (a) For purposes of this section, "DSM order" refers to an order of the commission that establishes or approves:

(1) energy efficiency targets or goals for electricity suppliers; or

(2) an energy efficiency program sponsored by an electricity supplier.

The term includes the December 9, 2009, order of the commission concerning demand side management programs.

(b) For purposes of this section, "electricity supplier" has the meaning set forth in IC 8-1-2.3-2(b).

(c) For purposes of this section, "energy efficiency program" means a program that is:

(1) sponsored by an electricity supplier or a third party administrator; and

(2) designed to implement energy efficiency improvements (as defined in 170 IAC 4-8-1(j)) for customers.

The term does not include a program designed primarily to reduce demand.

(d) For purposes of this section, "energy efficiency program costs" include:

(1) program costs;

(2) lost revenues; and

(3) incentives approved by the commission.

(e) For purposes of this section, "industrial customer" means a person that receives services at a single site constituting more than one (1) megawatt of electric capacity from an electricity supplier.

(f) An industrial customer may opt out of participating in an energy efficiency program that is established by an electricity supplier by providing notice to the electricity supplier. Except as provided in subsection (g), an electricity supplier may not charge an industrial customer that opts out rates that include energy efficiency program costs that accrue or are incurred after the date on which the industrial customer opts out. However, an industrial customer remains liable for rates that include energy efficiency program costs that accrued or were incurred, or related to investments made, before the date on which the industrial customer opts out, regardless of the date on which the rates are actually assessed against the industrial customer.

(g) An industrial customer that opts out of participating in an energy efficiency program may subsequently opt to participate in the same or a different energy efficiency program. The industrial customer must participate in the subsequent energy efficiency program for at least three (3) years after the date on which the industrial customer opts in. If the industrial customer terminates participation in the subsequent energy efficiency program during the three (3) year period described in this subsection, the industrial customer shall continue paying energy efficiency program rates, including costs described in subsection (f), for the remainder of the three (3) year period.

(h) Energy efficiency targets or goals that are approved or mandated by the commission in a DSM order must be calculated to exclude all load from an industrial customer that opts out under subsection (f).

(i) The commission may adopt:

(1) rules under IC 4-22-2; or

(2) guidelines;

to assist electricity suppliers and industrial customers in complying with this section.

(j) The commission may not:

(1) extend, renew, or require the establishment of an energy efficiency program under; or

(2) after December 31, 2014, require an electricity supplier to meet a goal or target established in;

the DSM order issued by the commission on December 9, 2009. An electricity supplier may not renew or extend an existing contract or enter into a new contract with a statewide third party administrator for an energy efficiency program established or approved by the DSM order issued by the commission on December 9, 2009.

(k) After December 31, 2014, an electricity supplier may continue to timely recover energy efficiency program costs that:

(1) accrued or were incurred under or relate to an energy efficiency program implemented under the DSM order issued by the commission on December 9, 2009; and

(2) are approved by the commission for recovery.

(l) After December 31, 2014, an electricity supplier may offer a cost effective portfolio of energy efficiency programs to customers. An electricity supplier may submit a proposed energy efficiency program to the commission for review. If an electricity supplier submits a proposed energy efficiency program for review and the commission determines that the portfolio included in the proposed energy efficiency program is reasonable and cost effective, the electricity supplier may recover energy efficiency program costs in the same manner as energy efficiency program costs were recoverable under the DSM order issued by the commission on December 9, 2009. The commission may not:

(1) require an energy efficiency program to be implemented by a third party administrator; or

(2) in making its determination, consider whether a third party administrator implements the energy efficiency program.

(m) This section does not affect:

(1) an energy efficiency program offered by an energy utility (as defined in IC 8-1-2.5-2) that is not an electricity supplier; or

(2) the manner in or means by which an energy utility described in subdivision (1) may recover costs associated with an energy efficiency program described in subdivision (1).

As added by P.L.223-2014, SEC.1. Amended by P.L.246-2015, SEC.3; P.L.149-2016, SEC.35.