Ind. Code § 8-1-34-9 — Indiana Code / Title 8 / Article 1 / Chapter 34 / Section 8-1-34-9
"Other programming service"
Status: in_force

Sec. 9. As used in this chapter, "other programming service" refers to information that a provider makes available to all subscribers generally.

As added by P.L.27-2006, SEC.58.
Ind. Code § 8-1-31-16 — Indiana Code / Title 8 / Article 1 / Chapter 31 / Section 8-1-31-16
Filing of petition not general increase in basic rates and charges
Status: in_force

Sec. 16. For purposes of IC 8-1-2-42(a), the approval of a petition filed under section 8 or 10 of this chapter is not a general increase in basic rates and charges.

As added by P.L.94-2000, SEC.1. Amended by P.L.209-2014, SEC.15.
Ind. Code § 8-1-8.8-8.7 — Indiana Code / Title 8 / Article 1 / Chapter 8.8 / Section 8-1-8.8-8.7
"Qualified utility system expenses"
Status: in_force

Sec. 8.7. As used in this chapter, "qualified utility system expenses" means the costs associated with the study, analysis, or development of a life cycle management project for a nuclear energy production or generating facility.

As added by P.L.150-2011, SEC.8.
Ind. Code § 8-1-2-21 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-21
Depreciation; rates, tolls, and charges
Status: in_force

Sec. 21. The commission shall provide for such depreciation in fixing the rates, tolls and charges to be paid by the public.

Formerly: Acts 1913, c.76, s.24.
Ind. Code § 8-5-15-13 — Indiana Code / Title 8 / Article 5 / Chapter 15 / Section 8-5-15-13
Money received under this chapter; disposition; depositories; trustee; guaranteed investment contract
Status: in_force

Sec. 13. (a) All money received under this chapter, whether as proceeds from the sale of bonds, from revenues, or otherwise:

(1) shall be considered to be trust funds to be held and applied solely as provided in this chapter; and

(2) except as provided in subsection (d), may be invested before the time when needed to the extent and in the manner provided by IC 5-13-9, insofar as applicable.

(b) The funds shall be kept in depositories as selected by the board in the manner provided by law.

(c) The resolution authorizing the issuance of bonds or the trust agreement securing the bonds must provide that any officer to whom, or any bank or trust company to which, the money is entrusted shall act as trustee of the money and shall hold and apply the money for the purposes of this section, subject to this chapter and the authorizing resolution or trust agreement.

(d) Proceeds received by the district from the sale of equipment in a sale and leaseback transaction may be invested in or used to purchase a guaranteed investment contract with an insurance company whose long term indebtedness is rated in one (1) of the two (2) highest categories by at least two (2) national rating services. The guaranteed investment contract may not exceed the term of the lease and may be assigned to secure performance of the lease.

As added by P.L.64-1984, SEC.9. Amended by P.L.19-1987, SEC.23; P.L.8-1996, SEC.11.
Ind. Code § 8-1-31.5-10 — Indiana Code / Title 8 / Article 1 / Chapter 31.5 / Section 8-1-31.5-10
"System integrity collar"
Status: in_force

Sec. 10. As used in this chapter, "system integrity collar" means a dollar amount that is equal to the product of:

(1) an eligible utility's authorized revenues; multiplied by

(2) two hundredths (0.02).

An eligible utility's system integrity collar is satisfied when the eligible utility's cumulative excess or deficit equals or exceeds the eligible utility's system integrity collar.

As added by P.L.104-2016, SEC.3.
Ind. Code § 8-1-29-5.5 — Indiana Code / Title 8 / Article 1 / Chapter 29 / Section 8-1-29-5.5
Confirmation of preferred carrier change order required
Status: in_force

Sec. 5.5. A telecommunications provider may not submit a preferred carrier change order unless the order has first been confirmed in accordance with one (1) of the following procedures:

(1) The telecommunications provider has obtained the customer's written authorization through a letter of agency.

(2) The telecommunications provider has obtained the customer's electronic authorization:

(A) to submit a preferred carrier change order; and

(B) placed from a telephone number on which the telecommunications service is to be changed.

A call to the telecommunications provider under this subdivision must connect the customer to a voice response unit or a similar mechanism that records the required information regarding the preferred carrier change, including automatically recording the automatic number identification.

(3) An appropriately qualified and independent third party has obtained the customer's oral authorization to submit the preferred carrier change order. Such an authorization must confirm and include appropriate verification of the customer's identity.

(4) Any other procedure approved by the commission.

As added by P.L.135-1999, SEC.4.
Ind. Code § 8-1-28-15 — Indiana Code / Title 8 / Article 1 / Chapter 28 / Section 8-1-28-15
Review of plan by commission; withdrawal of approval or modification of plan
Status: in_force

Sec. 15. (a) If the commission, after an investigation commenced upon its own initiative or upon a petition of a class of persons satisfying the standing requirements of IC 8-1-2-54 (including the office of the utility consumer counselor), finds that substantial changes:

(1) in the need for or estimated cost of an approved environmental compliance plan have occurred; or

(2) in the estimated cost of alternative compliance measures have occurred;

the commission may commence a review of the approval of the environmental compliance plan.

(b) If the commission finds that all or part of an environmental compliance plan no longer meets the requirements of section 7 of this chapter, the commission may, consistent with sections 7 and 9 of this chapter, issue an order:

(1) withdrawing the commission's approval of all or part of the environmental compliance plan, whichever is applicable; or

(2) approving modifications to the environmental compliance plan.

(c) If the commission approves modifications to an environmental compliance plan under subsection (b), the modified environmental compliance plan shall constitute the public utility's approved environmental compliance plan for purposes of this chapter.

As added by P.L.76-1991, SEC.2.
Ind. Code § 8-21-9-34 — Indiana Code / Title 8 / Article 21 / Chapter 9 / Section 8-21-9-34
Regional plan commissions; membership; powers and duties
Status: in_force

Sec. 34. (a) In the event that there is in existence or is later created a regional plan commission having jurisdiction over any portion of the airport site purchased or otherwise controlled by the department:

(1) a representative appointed by the commissioner of the department shall become a voting member of the regional plan commission with all rights and privileges of regular membership, except that the department member shall be permitted to claim no compensation or reimbursement for personal expenses or per diem from the regional plan commission; and

(2) upon appointment of a department representative to the regional plan commission, all requests or proposals for zoning amendments, subdivision plats, conditional use permits, exceptions, or variances from any zoning ordinance as well as for the development of public facilities including requests and proposals for airports, parks, thoroughfares, hospitals, and schools within the zone or zones provided for in section 21 of this chapter shall be forwarded to the regional plan commission by the appropriate public body for review and comment.

(b) The regional plan commission shall review proposals described in subsection (a)(2) and give consideration to aircraft safety, public safety, and regional plans relating to the aircraft vicinity. If the regional plan commission does not return its comments to the appropriate public body within thirty (30) days, the public body may proceed on the basis that the regional plan commission concurs with the proposals. Comment made by the regional plan commission shall be considered to be of an advisory nature only.

Formerly: Acts 1971, P.L.105, SEC.2. As amended by Acts 1980, P.L.74, SEC.363; P.L.3-1989, SEC.70; P.L.18-1990, SEC.163.
Ind. Code § 8-1-46.1-17 — Indiana Code / Title 8 / Article 1 / Chapter 46.1 / Section 8-1-46.1-17
Restrictions on utilities and regulating authorities
Status: in_force

Sec. 17. (a) A utility or regulating authority may not:

(1) impose a blanket grease control equipment mandate; or

(2) require the:

(A) installation of a specific type;

(B) installation of a specific size; or

(C) specific location;

of a grease trap or grease interceptor if a regulated entity has the properly sized and maintained grease control equipment that prevents FOG discharges exceeding the allowable concentration.

(b) A regulating authority or utility may not require the following:

(1) A specific type of grease control equipment.

(2) The specific placement of grease control equipment on the property of a regulated entity, so long as the equipment is placed outside of the utility's right-of-way of easement and upstream of a utility's system.

As added by P.L.95-2026, SEC.1.
Ind. Code § 8-1-26-17 — Indiana Code / Title 8 / Article 1 / Chapter 26 / Section 8-1-26-17
Association membership; board of directors; association's duties
Status: in_force

Sec. 17. (a) An operator that has underground facilities located in Indiana must be a member of the Indiana Underground Plant Protection Service or its successor organization. The articles of incorporation or the bylaws of the Indiana Underground Plant Protection Service or its successor organization shall do the following:

(1) Provide that the board of directors of the Indiana Underground Plant Protection Service or its successor organization is composed of:

(A) five (5) members representing electric utilities other than municipal electric utilities, including corporations organized or operating under IC 8-1-13 or corporations organized under IC 23-17, some of whose members are local district corporations (as described in IC 8-1-13-23);

(B) five (5) members representing investor owned gas utilities, including pipelines;

(C) five (5) members representing communications service providers, at least one (1) of whom is a provider of cable television service;

(D) five (5) members representing water or sewer utilities other than municipal water or sewer utilities; and

(E) five (5) members representing political subdivisions, including municipal utilities, which must include a member representing the largest waterworks utility in Indiana that is owned by:

(i) a political subdivision; or

(ii) a department of public utilities created by IC 8-1-11.1.

(2) Require the affirmative vote of at least sixty percent (60%) of each category of members appointed under subdivision (1) to approve an increase, a decrease, or any other adjustment to the membership dues, rates, tariffs, locate fees, or any other charges imposed by the Indiana Underground Plant Protection Service or its successor organization.

(b) The association shall provide for mutual receipt of:

(1) notices of excavation or demolition operations under section 16 of this chapter; and

(2) design information notices under section 16.5 of this chapter.

(c) The association shall:

(1) annually update the association's base map data, including street addresses; and

(2) make reasonable efforts to reduce incorrect locate requests issued to the association's members.

(d) The association shall develop and implement guidelines to provide notice to an operator under section 16 or 16.5 of this chapter at the prevailing time the association receives notice from the person responsible for an excavation or demolition.

(e) The association shall develop and adopt policies and procedures for processing design information notices under section 16.5 of this chapter. The policies and procedures adopted under this subsection must require the association to do the following upon receiving a design information notice under section 16.5 of this chapter:

(1) Immediately provide notice to each member operator that has underground facilities located in the project area that will be affected by the proposed excavation or demolition, in accordance with section 16.5(c) of this chapter.

(2) Immediately provide the person serving the design information notice a list of the identified operators receiving the notice under subdivision (1), in accordance with section 16.5(c) of this chapter.

As added by P.L.69-1990, SEC.2. Amended by P.L.114-2003, SEC.4; P.L.62-2009, SEC.14; P.L.200-2014, SEC.4; P.L.122-2017, SEC.5; P.L.53-2024, SEC.7.
Ind. Code § 8-1-8.3-6 — Indiana Code / Title 8 / Article 1 / Chapter 8.3 / Section 8-1-8.3-6
Utility service interruption emergency worker; maximum hours of service
Status: in_force

Sec. 6. An individual who:

(1) is the holder of a commercial driver's license;

(2) is:

(A) an employee;

(B) an employee of a contractor; or

(C) an employee of a subcontractor;

of a public utility in an employment capacity in which the commercial driver's license is used; and

(3) operates a commercial motor vehicle as a utility service vehicle and engages in intrastate maintenance or repair work in response to a utility service interruption emergency;

is exempt from any regulation of the maximum hours of service that the employee may work under 49 CFR 395.

As added by P.L.42-2004, SEC.1.
Ind. Code § 8-15.5-6-2 — Indiana Code / Title 8 / Article 15.5 / Chapter 6 / Section 8-15.5-6-2
Compliance with certain laws
Status: in_force

Sec. 2. Unless otherwise provided by federal law or this section, the operator or any contractor or subcontractor of the operator engaged in the construction of a project is not required to comply with IC 4-13.6 or IC 5-16 concerning state public works, IC 5-17 concerning purchases of materials and supplies, or other statutes concerning procedures for procurement of public works or personal property as a condition of being awarded and performing work on the project.

As added by P.L.47-2006, SEC.39. Amended by P.L.85-2010, SEC.10; P.L.163-2011, SEC.6; P.L.205-2013, SEC.157; P.L.252-2015, SEC.21.
Ind. Code § 8-1.5-3-8 — Indiana Code / Title 8 / Article 1.5 / Chapter 3 / Section 8-1.5-3-8
Rates and charges; payment of rates, charges, and fees by occupant of property that is not property owner
Status: in_force

Sec. 8. (a) A municipality owning a utility under this chapter shall furnish reasonably adequate services and facilities.

(b) The rates and charges made by a municipality for a service rendered or to be rendered, either directly or in connection therewith, must be nondiscriminatory, reasonable, and just.

(c) "Reasonable and just rates and charges for services" means rates and charges that produce sufficient revenue to:

(1) pay all the legal and other necessary expenses incident to the operation of the utility, including:

(A) maintenance costs;

(B) operating charges;

(C) upkeep;

(D) repairs;

(E) depreciation;

(F) interest charges on bonds or other obligations, including leases; and

(G) costs associated with the acquisition of utility property under IC 8-1.5-2;

(2) provide a sinking fund for the liquidation of bonds or other obligations, including leases;

(3) provide a debt service reserve for bonds or other obligations, including leases, in an amount established by the municipality, not to exceed the maximum annual debt service on the bonds or obligations or the maximum annual lease rentals;

(4) provide adequate money for working capital;

(5) provide adequate money for making extensions and replacements to the extent not provided for through depreciation in subdivision (1); and

(6) provide money for the payment of any taxes that may be assessed against the utility.

(d) It is the intent of this section that the rates and charges produce an income sufficient to maintain the utility property in a sound physical and financial condition to render adequate and efficient service. Rates and charges too low to meet these requirements are unlawful.

(e) The board may recommend to the municipal legislative body rates and charges sufficient to include a reasonable return on the utility plant of the municipality.

(f) Rates and charges established under this section are subject to the approval of:

(1) the municipal legislative body by ordinance; and

(2) the commission, in accordance with the procedures set forth in IC 8-1-2.

The commission shall approve rates and charges that are sufficient, in addition to the cash revenue requirements set forth in subsection (c), to include a reasonable return on the utility plant of the municipality if the legislative body so elects.

(g) Except for a municipally owned utility taxed under IC 6-1.1-8-3, the commission shall approve rates and charges sufficient to compensate the municipality for taxes that would be due the municipality on the utility property were it privately owned. These rates and charges in lieu of taxes may be transferred to the municipal general fund, if the legislative body so elects.

(h) The commission shall grant a request that an increase in rates and charges not be effective until after the occurrence of a future event if the legislative body so requests.

(i) A municipality that acquires and operates a utility under IC 8-1.5-2 by exercising the power of eminent domain may not impose a special rate, charge, surcharge, or other fee, other than rates and charges approved under this section or otherwise authorized by law, on the customers of the utility in order to pay for the costs associated with acquiring the utility through the exercise of the power of eminent domain.

(j) This subsection does not apply to services rendered by a sewage works that is subject to IC 36-9-23 or to IC 36-9-25. This subsection also does not apply to services rendered by a department of public utilities created by IC 8-1-11.1 or to services rendered by a utility company owned, operated, or held in trust by a consolidated city. This subsection applies to property that is served by a municipally owned utility and that is occupied by someone other than the owner of the property. Upon applying for utility service from a municipally owned utility for property subject to this subsection, the person occupying the property shall provide the municipally owned utility with the name and contact information of the owner or manager of the property. Subject to subsection (k), all rates, charges, and other fees for services rendered by a municipally owned utility to a property that is subject to this subsection are payable by the person occupying the property if the account or other customer or billing records maintained by the municipally owned utility for the property indicate that:

(1) the property is occupied by someone other than the owner; and

(2) the person occupying the property is responsible for paying the rates, charges, and fees assessed for the services rendered by the municipally owned utility with respect to the property.

Rates, charges, and fees assessed for services rendered by a municipally owned utility with respect to property occupied by someone other than the owner of the property do not constitute a lien against the property.

(k) With respect to property that is served by a municipally owned utility and that is occupied by someone other than the owner of the property, subsection (j) does not:

(1) prohibit a municipal legislative body from imposing any:

(A) requirement for a deposit to ensure payment by the person occupying the property of the rates, charges, and fees assessed for the services rendered by the municipally owned utility with respect to the property; or

(B) other requirement to ensure the creditworthiness of the person occupying the property as the account holder or customer with respect to the property;

that the municipal legislative body may lawfully impose; or

(2) abrogate or limit the authority of the owner of a multi-unit building to engage in electrical submetering under IC 8-1-2-36.5, subject to:

(A) the owner's qualification to engage in submetering under IC 8-1-2-36.5 and 170 IAC 4-5; and

(B) the owner's compliance with the requirements for submetering set forth in IC 8-1-2-36.5 and 170 IAC 4-5.

(l) With respect to property that is served by a municipally owned utility and that is occupied by someone other than the owner of the property, subsection (k) does not allow a municipal legislative body to impose a requirement that the owner of the property must:

(1) ensure the creditworthiness of the person occupying the property; or

(2) accept responsibility for charges incurred by the person occupying the property;

by cosigning an agreement or by any other method.

As added by Acts 1982, P.L.74, SEC.1. Amended by P.L.105-1983, SEC.2; P.L.35-1990, SEC.28; P.L.172-2009, SEC.5; P.L.105-2019, SEC.1; P.L.161-2020, SEC.1.
Ind. Code § 8-1.5-4-14 — Indiana Code / Title 8 / Article 1.5 / Chapter 4 / Section 8-1.5-4-14
Services rendered to municipality; payment
Status: in_force

Sec. 14. (a) This subsection applies to a municipality that is not subject to IC 8-1-2-103(c) or has not adopted an ordinance to become subject to IC 8-1-2-103(d). The reasonable cost and value of any service rendered to the municipality by the waterworks by furnishing water for public purposes or by maintaining hydrants and other facilities for fire protection shall be:

(1) charged against the municipality; and

(2) paid for in monthly installments as the service accrues out of the current revenues of the municipality, collected or in process of collection, and the tax levy of the municipality made by it to raise money to meet its necessary current expenses.

(b) This subsection applies to a municipality that is subject to IC 8-1-2-103(c), that has adopted an ordinance to become subject to IC 8-1-2-103(d), or that has adopted a plan described in IC 8-1-2-103(d) as prescribed in IC 8-1-2-103(e). The reasonable cost and value of any service rendered to the municipality by the waterworks by furnishing water for public purposes shall be:

(1) charged against the municipality; and

(2) paid for in monthly installments as the service accrues out of the current revenues of the municipality, collected or in process of collection, and the tax levy of the municipality made by it to raise money to meet its necessary current expenses.

Except as provided in subsection (d), the cost and value of maintaining hydrants and other facilities for fire protection shall be excluded from the charges against the municipality and shall be recovered from the other customers of the waterworks beginning on January 1, 1994, in a municipality subject to IC 8-1-2-103(c) and beginning on a date provided in the ordinance for a municipality that adopts an ordinance under IC 8-1-2-103(d). The change in the recovery of current revenue authorized by this section shall be reflected in a schedule of new rates to be filed with the commission at least thirty (30) days before the time the schedule of new rates is to take effect.

(c) The compensation for the service provided to the municipality shall, in the manner prescribed by this chapter, be paid into the separate and special fund created by setting aside the income and revenues of the waterworks and is subject to apportionment to the operating, maintenance, depreciation, and bond and interest redemption accounts.

(d) This subsection applies to a city having a population of more than fifty-one thousand (51,000) and less than fifty-three thousand (53,000). The cost and value of maintaining hydrants and other facilities for fire protection may be recovered from customers of the waterworks residing in either of the following, beginning on a date determined by the city:

(1) In a county having a population of more than two hundred fifty thousand (250,000) and less than three hundred thousand (300,000).

(2) In a township having a population of more than nine thousand (9,000) and less than ten thousand (10,000) located in a county having a population of more than two hundred thousand (200,000) and less than two hundred fifty thousand (250,000).

The city shall file a new schedule of rates with the commission as set forth in subsection (b), but is not subject to commission approval of the rates.

As added by Acts 1982, P.L.74, SEC.1. Amended by P.L.93-1993, SEC.2; P.L.80-1997, SEC.18; P.L.133-1998, SEC.1; P.L.170-2002, SEC.61; P.L.119-2012, SEC.85; P.L.104-2022, SEC.61.
Ind. Code § 8-21-9-18 — Indiana Code / Title 8 / Article 21 / Chapter 9 / Section 8-21-9-18
Relocation or removal of road, railroads, or public utility facilities
Status: in_force

Sec. 18. If the department finds it necessary to change the location of any portion of any public road, railroad or public utility facility, it shall cause the same to be reconstructed at such location as the division of government having jurisdiction over such road, highway, railroad or public utility facility shall deem most favorable and of substantially the same type and in as good condition as the original road, highway or railroad or public utility facility. The cost of such reconstruction, relocation or removal and any damage incurred in changing the location of any such road, highway, railroad or public utility facility, shall be ascertained and paid by the department as a part of the cost of such airport or airport facility. The department may petition the circuit court, superior court, or probate court of the county in which a public road or part of a public road is affected by the location of any airport or airport facility in the county, for the vacation or relocation of such road or any part of the road with the same force and effect as is now given by existing laws to the inhabitants of any municipality or governmental subdivision of the state. The proceedings upon such petition, whether it be for the appointment of appraisers or otherwise, shall be the same as provided by existing laws for similar proceedings upon such petitions. In addition to the foregoing powers, the department and its authorized agents and employees, after proper notice, may enter upon any lands, waters and premises in the state for the purpose of making surveys, soundings, drillings, and examinations as are necessary or proper for the purposes of this chapter; and such entry shall not be deemed a trespass, nor shall an entry for such purpose be deemed an entry under any condemnation proceedings which may be then pending; however, before entering upon the premises of any railroad, notice shall be given to the superintendent of such railroad involved at least five (5) days in advance of such entry. No survey, sounding, drilling and examination shall be made between the rails or so close to a railroad track as would render said track unusable. The department may make reimbursement for any actual damage resulting to such lands, waters and premises and to private property located in, on, along, over or under such lands, waters and premises, as a result of such activities. The State of Indiana, subject to the approval of the governor, consents to the use of lands owned by it, including lands lying under water and riparian rights, which are necessary or proper for the construction or operation of any airport or airport facility, provided adequate compensation is made for such use. The department may also make reasonable regulations for the installation, construction, maintenance, repair, renewal, relocation and removal of tracks, pipes, mains, conduits, cables, wires, towers, poles and other equipment and appliances (called "public utility facilities" in this section) of any public utility in, on, along, over or under any airport or airport facility. Whenever the department shall determine that it is necessary that any such public utility facilities located in, on, along, over or under any such airport or airport facility should be relocated, or should be removed from such airport or airport facility, the public utility owning or operating such facilities shall relocate or remove the same in accordance with the order of the department; however, the cost and expenses of such relocation or removal including the cost of installing such facilities in a new location or new locations and the cost of any lands, or any rights or interest in lands, and any other rights, acquired to accomplish such relocations or removal, shall be ascertained and paid by the department as a part of the cost of such airport or airport facility, excepting, however, cases in which such equipment or facilities are located within the limits of existing highways or public thoroughfares being constructed, reconstructed or improved under the provisions of this chapter. In case of any such relocation or removal of facilities, the public utility owning or operating the same, its successors or assigns, may maintain and operate such facilities, with the necessary appurtenances, in the new location or new locations, for as long a period, and upon the same terms and conditions, as it had the right to maintain and operate such facilities in their former location or locations subject, however, to the state's right of regulation under its police powers.

Formerly: Acts 1971, P.L.105, SEC.2. As amended by Acts 1980, P.L.74, SEC.349; P.L.84-2016, SEC.54; P.L.136-2018, SEC.104.
Ind. Code § 8-1-2-11 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-11
Accounts and accounting; other subsidiary business
Status: in_force

Sec. 11. Every public utility engaged, directly or indirectly, in any other or subsidiary business shall, if ordered by the commission, keep and render separately to the commission, in like manner and form, the accounts of all such business, in which case all the provisions of this chapter shall apply with like force and effect to the books, accounts, papers, and records of such other business; provided, every public utility may, with consent of the commission and the proper local authorities, furnish to all patrons or persons applying therefor any service, product, or commodity which it creates as a necessary incident and subsidiary to its main or primary business. No such consent shall be granted except as provided in section 86 of this chapter, and every such subsidiary business shall be subject to all the provisions of this chapter.

Formerly: Acts 1913, c.76, s.14. As amended by P.L.59-1984, SEC.13.
Ind. Code § 8-1-32.3-4 — Indiana Code / Title 8 / Article 1 / Chapter 32.3 / Section 8-1-32.3-4
"Collocation"
Status: in_force

Sec. 4. As used in this chapter, "collocation" means the placement or installation of wireless facilities on existing structures that include a wireless facility or a wireless support structure, including water towers and other buildings or structures. The term includes the placement, replacement, or modification of wireless facilities within an approved equipment compound.

As added by P.L.145-2015, SEC.3.
Ind. Code § 8-1-2.6-13 — Indiana Code / Title 8 / Article 1 / Chapter 2.6 / Section 8-1-2.6-13
Commission's jurisdiction; reporting requirements
Status: in_force

Sec. 13. (a) As used in this section, "communications service" has the meaning set forth in IC 8-1-32.5-3.

(b) As used in this section, "communications service provider" means a person or an entity that offers communications service to customers in Indiana, without regard to the technology or medium used by the person or entity to provide the communications service. The term includes a provider of commercial mobile service (as defined in 47 U.S.C. 332).

(c) Notwithstanding sections 1.2, 1.4, and 1.5 of this chapter, the commission may do the following, except as otherwise provided in this subsection:

(1) Enforce the terms of a settlement agreement approved by the commission before July 29, 2004. The commission's authority under this subdivision continues for the duration of the settlement agreement.

(2) Fulfill the commission's duties under IC 8-1-2.8 concerning the provision of dual party relay services to deaf, hard of hearing, and speech impaired persons in Indiana.

(3) Fulfill the commission's responsibilities under IC 8-1-29 to adopt and enforce rules to ensure that a customer of a telecommunications provider is not:

(A) switched to another telecommunications provider unless the customer authorizes the switch; or

(B) billed for services by a telecommunications provider that without the customer's authorization added the services to the customer's service order.

(4) Fulfill the commission's obligations under the federal Telecommunications Act of 1996 (47 U.S.C. 151 et seq.) concerning universal service and access to telecommunications service and equipment, including the designation of eligible telecommunications carriers under 47 U.S.C. 214.

(5) Perform any of the functions described in section 1.5(b) of this chapter.

(6) Perform the commission's responsibilities under IC 8-1-32.5 to:

(A) issue; and

(B) maintain records of;

certificates of territorial authority for communications service providers offering communications service to customers in Indiana.

(7) Perform the commission's responsibilities under IC 8-1-34 concerning the issuance of certificates of franchise authority to multichannel video programming distributors offering video service to Indiana customers.

(8) Subject to subsection (f), require a communications service provider, other than a provider of commercial mobile service (as defined in 47 U.S.C. 332), to report to the commission on an annual basis, or more frequently at the option of the provider, any information needed by the commission to prepare the commission's annual report under IC 8-1-1-14(c)(4).

(9) Perform the commission's duties under IC 8-1-32.4 with respect to telecommunications providers of last resort, to the extent of the authority delegated to the commission under federal law to perform those duties.

(10) Collect and maintain from a communications service provider the following information:

(A) The address of the provider's website.

(B) All toll free telephone numbers and other customer service telephone numbers maintained by the provider for receiving customer inquiries and complaints.

(C) An address and other contact information for the provider, including any telephone number not described in clause (B).

The commission shall make any information submitted by a provider under this subdivision available on the commission's website. The commission may also make available on the commission's website contact information for the Federal Communications Commission and the Cellular Telephone Industry Association.

(11) Fulfill the commission's duties under any state or federal law concerning the administration of any universally applicable dialing code for any communications service.

(d) The commission does not have jurisdiction over any of the following with respect to a communications service provider:

(1) Rates and charges for communications service provided by the communications service provider, including the filing of schedules or tariffs setting forth the provider's rates and charges.

(2) Depreciation schedules for any of the classes of property owned by the communications service provider.

(3) Quality of service provided by the communications service provider.

(4) Long term financing arrangements or other obligations of the communications service provider.

(5) Except as provided in subsection (c), any other aspect regulated by the commission under this title before July 1, 2009.

(e) The commission has jurisdiction over a communications service provider only to the extent that jurisdiction is:

(1) expressly granted by state or federal law, including:

(A) a state or federal statute;

(B) a lawful order or regulation of the Federal Communications Commission; or

(C) an order or a ruling of a state or federal court having jurisdiction; or

(2) necessary to administer a federal law for which regulatory responsibility has been delegated to the commission by federal law.

(f) Except as specifically required under state or federal law, or except as required to respond to consumer complaints or information requests from the general assembly, the commission may not require a communications service provider:

(1) to file a tariff; or

(2) except for purposes of a petition or request filed or submitted to the commission by the communications service provider, to report to the commission any information that is:

(A) available to the public on the communications service provider's website;

(B) filed with the Federal Communications Commission; or

(C) otherwise available to the public in any form or at any level of detail;

including the communications service provider's rates, terms, and conditions of service.

As added by P.L.27-2006, SEC.24. Amended by P.L.1-2007, SEC.72; P.L.109-2012, SEC.2; P.L.256-2013, SEC.10; P.L.107-2014, SEC.3; P.L.149-2016, SEC.34; P.L.156-2017, SEC.2; P.L.73-2020, SEC.2; P.L.177-2021, SEC.5; P.L.71-2022, SEC.4; P.L.1-2025, SEC.115; P.L.214-2025, SEC.3.
Ind. Code § 8-1-2-109 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-109
General penalty provision
Status: in_force

Sec. 109. A public utility that violates this chapter, or fails to perform any duty enjoined upon it, for which a penalty is not otherwise provided, commits a Class B infraction.

Formerly: Acts 1913, c.76, s.118. As amended by Acts 1978, P.L.2, SEC.807.
Ind. Code § 8-10-5-11 — Indiana Code / Title 8 / Article 10 / Chapter 5 / Section 8-10-5-11
Modification, amendment, or extension of development plan; conclusiveness
Status: in_force

Sec. 11. The plan and any modification, amendment or extension thereof, when adopted by the board of directors after notice and hearing shall be final and conclusive and its validity shall be conclusively presumed.

Formerly: Acts 1959, c.343, s.11.
Ind. Code § 8-14-11-9 — Indiana Code / Title 8 / Article 14 / Chapter 11 / Section 8-14-11-9
Board; establishment; members; tenure; compensation; quorum
Status: in_force

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

Sec. 9. (a) The local bridge grant board is established to receive and review applications for grants under this chapter. The board consists of the following members:

(1) The director of the department, or the director's designee.

(2) Six (6) persons appointed by the governor, no more than three (3) of whom may be of the same political party, as follows:

(A) Two (2) members of a county executive.

(B) One (1) county highway engineer.

(C) One (1) mayor of a city.

(D) One (1) member of a town board of trustees.

(E) One (1) person with substantial experience or education in the design or construction of bridges.

A member appointed under clause (A), (B), (C), or (D) who ceases to hold the office described in that clause ceases to be a member of the board.

(b) The governor shall designate a member of the board to serve as chairman.

(c) Members of the board who are appointed by the governor serve for terms of four (4) years. The governor shall fill a vacancy on the board by appointing a new member to serve the remainder of the unexpired term.

(d) A member of the board, other than the director of the department, is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). Each member of the board is entitled to reimbursement for traveling expenses and other expenses actually incurred in connection with the member's duties, as provided in the state travel policies and procedures established by the department of administration and approved by the budget agency.

(e) Four (4) members of the board constitute a quorum. The affirmative votes of four (4) members of the board are required for the board to take any action.

As added by P.L.117-1989, SEC.1.
Ind. Code § 8-1-30-6 — Indiana Code / Title 8 / Article 1 / Chapter 30 / Section 8-1-30-6
Municipal requirement to sell utility property
Status: in_force

Sec. 6. (a) This section does not apply to the following:

(1) A municipality that, as of July 1, 2012, had established and operated a water utility.

(2) An action brought under:

(A) IC 8-1-2-92;

(B) IC 8-1-2-93; or

(C) IC 8-1.5-2;

before March 1, 2013.

(b) A municipality or other governmental unit may not require a utility company that provides water or sewer service to sell property used in the provision of such service to the municipality or governmental unit under IC 8-1-2-92, IC 8-1-2-93, or otherwise, unless:

(1) the commission has made all necessary findings under section 4 of this chapter; and

(2) the procedures and requirements of this chapter have been complied with and satisfied.

As added by P.L.145-1999, SEC.7. Amended by P.L.270-2013, SEC.3.
Ind. Code § 8-2.1-20-5 — Indiana Code / Title 8 / Article 2.1 / Chapter 20 / Section 8-2.1-20-5
Registration of certificate or permit; issuance of acknowledgment
Status: in_force

Sec. 5. (a) Except as provided in subsection (b), a motor carrier may not operate motor vehicles upon any public highway in interstate commerce under a certificate of public convenience and necessity or permit issued to the carrier by the United States Department of Transportation until the carrier has:

(1) registered the certificate or permit with the department annually in the form and manner required by the department; and

(2) been issued an acknowledgment by the department.

An acknowledgment issued under this subsection remains in effect until the acknowledgment is amended, suspended, canceled, revoked, or expires.

(b) A certificate of authority or permit issued before July 1, 1963, to an interstate common or contract carrier continues in effect as granted or amended. A certificate of authority or permit to which this subsection applies must be registered with the department in the form and manner required by the department. Upon registration by a motor carrier under subsection (a), the department shall issue an acknowledgment.

(c) An interstate certificate of registration or permit, or an acknowledgment of a certificate or permit, may be issued by the department without a public hearing.

(d) A motor carrier subject to this chapter may not operate motor vehicles within exempt commercial zones unless the carrier has registered with the department under this section.

As added by P.L.110-1995, SEC.5. Amended by P.L.42-2007, SEC.5.
Ind. Code § 8-1-2.5-1 — Indiana Code / Title 8 / Article 1 / Chapter 2.5 / Section 8-1-2.5-1
Legislative findings
Status: in_force

Sec. 1. The Indiana general assembly hereby declares the following:

(1) That the provision of safe, adequate, efficient, and economical retail energy services is a continuing goal of the commission in the exercise of its jurisdiction.

(2) That competition is increasing in the provision of energy services in Indiana and the United States.

(3) That traditional commission regulatory policies and practices, and certain existing statutes are not adequately designed to deal with an increasingly competitive environment for energy services and that alternatives to traditional regulatory policies and practices may be less costly.

(4) That an environment in which Indiana consumers will have available state-of-the-art energy services at economical and reasonable costs will be furthered by flexibility in the regulation of energy services.

(5) That flexibility in the regulation of energy services providers is essential to the well-being of the state, its economy, and its citizens.

(6) That the public interest requires the commission to be authorized to issue orders and to formulate and adopt rules and policies that will permit the commission in the exercise of its expertise to flexibly regulate and control the provision of energy services to the public in an increasingly competitive environment, giving due regard to the interests of consumers and the public, and to the continued availability of safe, adequate, efficient, and economical energy service.

As added by P.L.108-1995, SEC.3.
Ind. Code § 8-1.5-2-16 — Indiana Code / Title 8 / Article 1.5 / Chapter 2 / Section 8-1.5-2-16
Repealed
Status: repealed

As added by Acts 1982, P.L.74, SEC.1. Amended by P.L.3-1997, SEC.426; P.L.2-1998, SEC.35. Repealed by P.L.172-2009, SEC.8.
Ind. Code § 8-20-1-67 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-67
Repealed
Status: repealed

Formerly: Acts 1905, c.167, s.76; Acts 1913, c.159, s.3. As amended by P.L.66-1984, SEC.131; P.L.86-1988, SEC.213. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-21-12-7 — Indiana Code / Title 8 / Article 21 / Chapter 12 / Section 8-21-12-7
"Landing field"
Status: in_force

Sec. 7. As used in this chapter, "landing field" means a location on land or water or a building or other structure that is used for the landing and taking off of aircraft, but that provides no other facilities or services.

As added by P.L.28-1991, SEC.2.
Ind. Code § 8-1-46-8 — Indiana Code / Title 8 / Article 1 / Chapter 46 / Section 8-1-46-8
"Major event day"
Status: in_force

Sec. 8. As used in this chapter, "major event day", or "MED", means a day with respect to which an electricity supplier's daily system SAIDI exceeds a statistical threshold value that is:

(1) calculated using the 2.5 Beta methodology developed by the Institute of Electrical and Electronics Engineers; and

(2) based on the most recent five (5) years of relevant data for the electricity supplier;

as defined in IEEE 1366.

As added by P.L.36-2026, SEC.10.
Ind. Code § 8-1-31.6-6 — Indiana Code / Title 8 / Article 1 / Chapter 31.6 / Section 8-1-31.6-6
Water utility plans; nonresponsive property owner; authority of water utility; liability; multi-family residential properties; disconnection of service; approval; ratemaking treatment
Status: in_force

Sec. 6. (a) As used in this section, "occupant", with respect to any:

(1) building;

(2) structure; or

(3) dwelling;

that is served by a lead service line, means a person in actual possession of and residing in or occupying the building, structure, or dwelling.

(b) As used in this section, "owner", with respect to any:

(1) building;

(2) structure; or

(3) dwelling;

that is served by a lead service line, means a person who has legal title to the building, structure, or dwelling, as indicated by the property tax records of the county in which the property is located, or by the account or other customer or billing records maintained by the water utility with respect to the property, regardless of whether the person is in actual possession of and residing in or occupying the building, structure, or dwelling.

(c) Before a water utility is authorized to include customer lead service line improvements as eligible infrastructure improvements for purposes of IC 8-1-31, for a public utility, or for purposes of this chapter, for a municipally owned utility, the commission must first approve the water utility's plan for the replacement of the customer owned portion of the lead service lines within or connected to the water utility's system. The water utility's plan must address the following:

(1) The availability of grants or low interest loans and how the water utility plans to use available grants or low interest loans to help the water utility finance or reduce the cost of the customer lead service line improvements for the water utility and the water utility's customers, including any arrangements for the customer to receive available grants or financing directly.

(2) A description of how the replacement of customer owned lead service lines will be accomplished in conjunction with distribution system infrastructure replacement projects.

(3) The estimated savings in costs per service line that would be realized by the water utility replacing the customer owned portion of the lead service lines versus the anticipated replacement costs if customers were required to replace the customer owned portion of the lead service lines.

(4) The number of lead mains and lead service lines estimated to be part of the water utility's system.

(5) A range for the number of customer owned lead service lines estimated to be replaced annually.

(6) A range for the total feet of lead mains estimated to be replaced annually.

(7) The water utility's proposal for addressing the costs of unusual site restoration work necessitated by structures or improvements located above the customer owned portion of the lead service lines.

(8) The water utility's proposal for communicating with the customer the availability of the water utility's plan to replace the customer owned portion of the lead service line in conjunction with the water utility's replacement of the utility owned portion of the lead service line.

(9) The water utility's proposal concerning whether the water utility or the customer will be responsible for future replacement or repair of the portion of the new service line corresponding to the previous customer owned lead service line.

(10) The estimated total cost to replace all customer owned portions of the lead service lines within or connected to the water utility's system and an estimated range for the annual cost to be incurred by the water utility under the water utility's plan.

(d) Notwithstanding the terms of a water utility's plan for the replacement of the customer owned portion of the lead service lines within or connected to the water utility's system, the following apply to the owner of a building, structure, or dwelling that is served by a customer owned lead service line within or connected to the water utility's system:

(1) Upon request by the water utility, the owner of a building, structure, or dwelling, other than a multi-family residential property that contains more than four (4) dwelling units, shall replace, or cause to be replaced, the customer owned portion of the lead service line by either of the following methods:

(A) Enrolling in the lead service line replacement program offered by the water utility and, after enrolling, allowing the water utility or the water utility's agents to access the owner's property, at no cost to the water utility, to conduct the replacement in accordance with the water utility's plan.

(B) Replacing the customer owned portion of the lead service line through the owner's own agents or contractors and at the owner's own expense. If the owner elects to replace the customer owned portion of the lead service line under this clause, the replacement must be completed not later than forty-five (45) days after the water utility first communicates to the owner the availability of the water utility's program to replace the customer owned portion of the lead service line.

(2) If the owner of a building, structure, or dwelling, other than a multi-family residential property that contains more than four (4) dwelling units:

(A) does not enroll in the lead service line replacement program offered by the water utility;

(B) does not replace the customer owned portion of the lead service line through the owner's own agents or contractors and at the owner's own expense within the forty-five (45) day period described in subdivision (1)(B); or

(C) fails to communicate with the water utility, or is nonresponsive to the water utility's attempted communications, regarding the replacement of the customer owned portion of the lead service line;

the water utility or the water utility's agent may, after the expiration of the forty-five (45) day period described in subdivision (1)(B), enter the property to replace the customer owned portion of the lead service line without having obtained the permission of the owner with respect to the entry or the replacement. A water utility, including an agent of the water utility, that enters an owner's property and conducts a replacement under this subdivision shall be held harmless by and is not liable to the owner with respect to the entry or the replacement. If the property is occupied by an occupant other than the owner, and the occupant grants the water utility or the water utility's agent access to the property to conduct a replacement under this subdivision, the occupant shall also be held harmless by and is also not liable to the owner with respect to the entry or the replacement. Notwithstanding the terms of the water utility's plan for the replacement of customer owned lead service lines, a water utility that conducts a replacement under this subdivision is not liable for any property restoration costs necessitated by the replacement and that exceed five hundred dollars ($500). The owner is responsible for the completion and cost of any property restoration work necessitated by the replacement and exceeding the five hundred dollar ($500) limit set forth in this subdivision. A water utility that enters an owner's property as permitted under this subdivision is not liable to the owner for any cost for access to, or for an easement on, the property.

(3) Upon request by the water utility, the owner of a multi-family residential property that contains more than four (4) dwelling units may elect to participate in the water utility's lead service line replacement program. An owner shall communicate to the water utility the owner's election to participate in the water utility's program under this subdivision not later than forty-five (45) days after receiving the water utility's request. If the owner does not communicate the owner's election to participate in the water utility's program within the forty-five (45) day period set forth in this subdivision, the owner, or any future owner of the property, is responsible for replacing the customer owned portion of the lead service line through the owner's own agents or contractors and at the owner's own expense.

(4) In any case in which the conditions set forth in subdivision (2) apply and in which the water utility attempts to avail itself of the remedies set forth in subdivision (2) but is prevented from doing so by the owner of the property, the water utility may, in accordance with state law and rules adopted by the commission, disconnect water service to the property. Before water service may be restored to the property, the owner must provide the water utility with proof that:

(A) the owner has enrolled in the water utility's lead service line replacement program under subdivision (1)(A); or

(B) the customer owned service line has been replaced in accordance with subdivision (1)(B).

(5) In the case of any:

(A) building;

(B) structure; or

(C) dwelling;

that the water utility has determined, in accordance with any applicable law, to be abandoned or unserviceable, the water utility may disconnect water service to the property and require the owner, or any future owner, of the property to install a new service line through the owner's own agents or contractors and at the owner's own expense.

(6) The provisions set forth in this subsection may be incorporated into a water utility's plan that has been previously approved by the commission under this section. A water utility that incorporates the provisions set forth in this subsection into a previously approved plan is not required to obtain any additional approval from the commission with respect to the incorporated provisions.

(e) The commission shall approve a water utility's plan if the commission finds the plan to be reasonable and in the public interest. Subject to subsection (f), in general rate cases following the approval of a public utility's plan, the commission shall for ratemaking purposes add to the value of the public utility's property for purposes of IC 8-1-2-6 the actual costs incurred by the public utility in replacing the customer owned portion of the lead service lines and in removing customer owned lead service lines from service in accordance with the public utility's plan, notwithstanding the continued ownership of the service line by the customer.

(f) To the extent a water utility incurs an annual cost under the water utility's plan in excess of the range set forth in subsection (c)(10) and approved by the commission under subsection (e), the additional costs are not eligible for the ratemaking treatment provided for in this section or in section 7, 8, or 10 of this chapter.

As added by P.L.91-2017, SEC.8. Amended by P.L.137-2020, SEC.4; P.L.32-2021, SEC.17; P.L.6-2024, SEC.3; P.L.1-2025, SEC.121.
Ind. Code § 8-1.5-2-1 — Indiana Code / Title 8 / Article 1.5 / Chapter 2 / Section 8-1.5-2-1
Application of chapter; exception
Status: in_force

Sec. 1. This chapter applies to all municipalities except consolidated cities.

As added by Acts 1982, P.L.74, SEC.1.
Ind. Code § 8-25-3-7 — Indiana Code / Title 8 / Article 25 / Chapter 3 / Section 8-25-3-7
County public transportation project fund
Status: in_force

Sec. 7. (a) If the fiscal body of an eligible county imposes taxes to fund a public transportation project, the county treasurer of the eligible county shall establish a county public transportation project fund to receive tax revenues collected for the public transportation project. Money received from a foundation established under IC 8-25-7 or IC 8-25-8 may be deposited into the fund.

(b) Money in a fund established under subsection (a) at the end of the eligible county's fiscal year remains in the fund. Interest earned by the fund must be deposited in the fund.

(c) Money deposited in an eligible county's public transportation project fund may be used only to purchase, establish, operate, repair, or maintain a public transportation project authorized under this article. Money in the fund may be pledged by the fiscal body of the eligible county to the repayment of bonds issued for purposes of a public transportation project authorized under this article.

(d) The fiscal body of an eligible county may, in the manner provided by law, appropriate money from the fund to a public transportation corporation that is authorized to purchase, establish, operate, repair, or maintain the public transportation project if the public transportation project is located, either entirely or partially, within the eligible county.

As added by P.L.153-2014, SEC.17.
Ind. Code § 8-23-9-60 — Indiana Code / Title 8 / Article 23 / Chapter 9 / Section 8-23-9-60
Structural steel welding
Status: in_force

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

Sec. 60. (a) As used in this section, "adequate welding standards" means specifications, guidelines, tests, and other methods used to ensure that all structural steel welds meet, at minimum, the codes and standards for such welds established in the welding code and under rules adopted by the fire prevention and building safety commission under IC 22-13-2-2.

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

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

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

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

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

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

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

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

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

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

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

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

As added by P.L.70-2023, SEC.2.
Ind. Code § 8-1-2-67 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-67
Investigations; transcript of evidence; copy
Status: in_force

Sec. 67. A copy of such transcript shall be furnished on terms fixed by the commission to any party to such investigation.

Formerly: Acts 1913, c.76, s.71.
Ind. Code § 8-1-2-106 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-106
Rates and charges; undercharges by rebates or concessions prohibited; offense
Status: in_force

Sec. 106. It is a Class B infraction for a person knowingly to solicit, accept, or receive any rebate, concession, or discrimination in respect to any service in or affecting or relating to any public utility or for any service in connection with any service in or affecting or relating to any public utility, whereby any such service is rendered free or at a less rate than that named in the published schedules and tariffs in force as provided in this chapter, or whereby any service or advantage is received other than is specified in this chapter.

Formerly: Acts 1913, c.76, s.115. As amended by Acts 1978, P.L.2, SEC.805; P.L.136-2018, SEC.54.
Ind. Code § 8-23-9-25 — Indiana Code / Title 8 / Article 23 / Chapter 9 / Section 8-23-9-25
Nonperformance or abandonment of contracts; completion of work; costs and expenses
Status: in_force

Sec. 25. Any time a contractor:

(1) fails to commence or carry forward;

(2) improperly performs;

(3) has abandoned; or

(4) fails or refuses to complete;

a contract executed under this chapter, the commissioner may relet the work or may complete the work. The commissioner shall deduct the cost and expense from any money that may be due the contractor, and if there is not sufficient money due the contractor to pay for the work, the commissioner shall require the bondsmen to pay for it. The attorney general shall prosecute suit in the name of the state for the collection of the payment under this section.

As added by P.L.18-1990, SEC.218.
Ind. Code § 8-1-2-101 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-101
Municipal regulations; county executive's power; relocation of facilities
Status: in_force

Sec. 101. (a) Every municipal council or county executive shall have power:

(1) To determine by ordinance the provisions, not inconsistent with this chapter or IC 8-1-11.1, upon which a public utility or department of public utilities created under IC 8-1-11.1 occupies the areas along, under, upon, and across the streets, highways, or other public property within such municipality or county, and such ordinance or other determination of such municipality or county executive shall be in force and prima facie reasonable. Upon complaint made by such public utility, department of public utilities, or by any qualified complainant, as provided in section 54 of this chapter, the commission shall set a hearing, as provided in sections 54 to 67 of this chapter, and if it shall find such ordinance or other determination to be unreasonable, such ordinance or other determination shall be void.

(2) To require of any public utility, by ordinance, such additions and extensions to its physical plant within said municipality or county as shall be reasonable and necessary in the interest of the public, and to designate the location and nature of all such additions and extensions, the time within which they must be completed, and all conditions under which they must be constructed, subject to review by the commission as provided in subdivision (1).

(3) To provide for a penalty for noncompliance with the provisions of any ordinance or resolution adopted pursuant to the provisions of this section.

(4) The power and authority granted in this section shall exist and be vested in said municipalities or county executives, anything in this chapter to the contrary notwithstanding.

Provided, however, whenever, after a request by petition in writing of any public utility, department of public utilities, the city, or other political subdivision or other body, having jurisdiction of the matter, shall refuse or fail, for a period of thirty (30) days, to give or grant to such public utility or department of public utilities permission and authority to construct, maintain, and operate any additional construction, equipment, or facility, reasonably necessary for the transaction of the business of such public utility or department of public utilities and for the public convenience or interest, then such public utility or department of public utilities may file a petition with said commission for such right and permission, which petition shall state, with particularity, the construction, equipment, or other facility desired to be constructed and operated, and show a reasonable public necessity therefor, and also the failure or refusal of such city, political subdivision, or other body to give or grant such right or permission; and the commission shall thereupon give notice of the pendency of such petition, together with a copy thereof, to such city or other political subdivision or body, and of the time and place of hearing of the matter set forth in such petition; and such commission shall have power to hear and determine such matters and to give or grant such right and permission and to impose such conditions in relation thereto as the necessity of such public utility or department of public utilities and the public convenience and interest may reasonably require. Provided, further, that when the relocation by a public utility or department of public utilities of any of its construction, equipment, or facility located within the corporate limits of two (2) or more adjoining cities is reasonably necessary for the public convenience or interest, and any or either of said cities fail or refuse to give or grant to such public utility or department of public utilities permission and authority to relocate such construction, equipment, or facility, any municipality which has given or granted to such public utility or department of public utilities permission and authority to relocate such construction, equipment, and facility, the public utility or department of public utilities may file a petition with said commission for such right and permission to which petition the city or cities failing or refusing to give or grant the same shall be made a respondent, and such public utility or department of public utilities if not the petitioner shall also be made a respondent, and said commission shall have power to hear and determine such matter and to give or grant such right and permission and to impose such conditions in relation thereto as the public convenience and interest may reasonably require; and if said commission shall give or grant such right and permission, no further public authority to make such relocation as authorized or to go on any street, alley, road, or highway in said city or cities necessary to be used therefor shall be required of said public utility or department of public utilities. All orders entered before June 30, 1931, by the commission in cases within the provisions of this section are hereby declared legal and valid.

(b) Subject to the commission's authority under subsection (a)(1) with respect to an unreasonable ordinance or other determination, the municipality or county executive may operate and maintain the streets, highways, and other public property in the municipality or county for the safety of the traveling public, and a municipality or county executive may manage the public right-of-way or require by ordinance fair and reasonable compensation on a competitively neutral and nondiscriminatory basis for occupation of the public right-of-way on a nondiscriminatory basis, including occupation by the municipality or county executive, if the compensation required is publicly disclosed by the municipality or county executive. Fair and reasonable compensation may not exceed the municipality's or county executive's direct, actual, and reasonably incurred costs of managing the public right-of-way caused by the public utility's or department of public utilities' occupancy. The management costs, which the municipality or county executive shall assign individually to the public utility or department of public utilities creating the management costs, must be limited to the direct, actual, and reasonably incurred costs a municipality or county incurs in managing the public right-of-way. As used in this section, the term "management costs" includes but is not limited to the costs to the municipality or county of the following:

(1) Registering occupants.

(2) Verifying public right-of-way occupation.

(3) Inspecting job sites and restoration projects.

(4) Restoring work inadequately performed after providing notice and the opportunity to correct the work.

(5) Administering a reasonable restoration ordinance that ensures that a public utility or department of public utilities adequately restores the right-of-way as near as is reasonably possible to the right-of-way's original condition.

(6) Management costs associated with the implementation of an ordinance adopted under this section.

However, as used in this section, direct, actual, and reasonably incurred management costs do not include rents, franchise fees, or any other payment by a public utility or department of public utilities for occupation of the public right-of-way. As used in this section, the term "public right-of-way" does not include the airwaves above the streets, highways, or other public property within the municipality or county as those airwaves are used for cellular or other nonwire telecommunications or broadcast service.

(c) A municipality or county executive may not unreasonably delay a public utility's or department of public utilities' access to or use of a street, highway, or other public property within the municipality or county. However, subsection (a)(1) and this subsection do not limit a municipality or county executive's right to advance notification of and review of a public utility's or department of public utilities' occupation of a street, highway, or other public property within the municipality or county to ensure and protect the safety of the public.

(d) Nothing in this section may be construed to affect franchise agreements between a cable company and a municipality or county.

Formerly: Acts 1913, c.76, s.110; Acts 1931, c.126, s.1. As amended by P.L.59-1984, SEC.42; P.L.127-1998, SEC.1.
Ind. Code § 8-1.5-5-22 — Indiana Code / Title 8 / Article 1.5 / Chapter 5 / Section 8-1.5-5-22
Special benefit tax
Status: in_force

Sec. 22. (a) To raise the necessary revenues to pay for the bonds issued and the interest on the bonds, the board:

(1) after approval by the fiscal body of the unit served by the department, shall levy a special benefit tax upon all the property of the storm water district in the amount necessary to meet and pay the principal of the bonds as they severally mature, together with all accruing interest; and

(2) shall certify the tax levied each year to the fiscal officer of the unit served by the department at the same time and in the same manner as other levies of the unit are certified.

The tax levied and certified shall be estimated and entered upon the tax duplicate and shall be collected and enforced in the same manner as state and county taxes are estimated, entered, and enforced.

(b) In fixing the amount of the necessary levy, the board:

(1) shall consider the amount of revenues derived by the board from the operation of the storm water system under its jurisdiction above the amount of revenues required to pay the cost of operation and maintenance of the storm water system; and

(2) may, in lieu of making the levy in this section, set aside by resolution a specific amount of the surplus revenues to be collected before maturity of the principal and interest of the bonds payable in the following calendar year.

(c) The special tax shall be deposited in the bond and interest redemption account.

As added by P.L.125-1987, SEC.1. Amended by P.L.282-2003, SEC.17.
Ind. Code § 8-1-27-16 — Indiana Code / Title 8 / Article 1 / Chapter 27 / Section 8-1-27-16
Utility's recovery of expenditures due to plan modification
Status: in_force

Sec. 16. If the commission issues an order under sections 8, 11, or 18 of this chapter that approves modifications to a public utility's environmental compliance plan, the commission shall, absent fraud, concealment, gross mismanagement, or inadequate quality control, allow the public utility to recover under sections 12(a) and 12(b) of this chapter, to the extent permitted under sections 12(a) and 12(b) of this chapter, the following:

(1) The public utility's expenditures made under the environmental compliance plan before the date the commission issued the order approving the modified environmental compliance plan.

(2) The public utility's expenditures made under the modified environmental compliance plan after the date the commission issued the order approving the modified environmental compliance plan.

As added by P.L.76-1991, SEC.1.
Ind. Code § 8-1-2.8-5 — Indiana Code / Title 8 / Article 1 / Chapter 2.8 / Section 8-1-2.8-5
"Deaf, hard of hearing, or speech impaired person"
Status: in_force

Sec. 5. As used in this chapter, "deaf, hard of hearing, or speech impaired person" means a person who is so certified by a licensed physician, an otolaryngologist, a speech language pathologist, an audiologist, or a qualified state agency.

As added by P.L.75-1991, SEC.1. Amended by P.L.109-2012, SEC.3.
Ind. Code § 8-1-2-84 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-84
Merger or consolidation; acquisition, lease, sale, or encumbrance of property
Status: in_force

Sec. 84. (a) With the consent and approval of the commission and with the authority of their stockholders as provided in this chapter, but not otherwise, any two (2) or more public utilities furnishing a like service or product and doing business in the same municipality or locality within Indiana, or any two (2) or more public utilities whose lines intersect or parallel each other within Indiana, may be merged and may enter into contracts with each other which will enable such public utilities to operate their plants or lines in connection with each other. Before any merger shall become effective there shall be filed with the commission proof that the voting stockholders have authorized or consented to such merger. If the law under which the company is incorporated or reorganized so provides, then the authorization and consent of the holders of the majority of the voting stock shall be shown. In all other cases the consent of the holders of three-fourths (3/4) of the outstanding voting stock of the company shall be shown. Such authority and consent may be shown by filing with the commission a certified copy of the minutes of a stockholders' meeting or by filing with the commission a written consent of such holders or both. In case of such merger, union, or consolidation, dissenting stockholders shall apply to the commission within sixty (60) days after approval by the commission to have the value of their stock assessed and determined. Stockholders not so applying shall be held to have assented. Upon the determination of the value of the stock of such dissenting stockholder, the corporation in which they are stockholders may within sixty (60) days pay the dissenting stockholders for their stock the appraised value thereof, or may elect to abandon the merger, union, or consolidation by filing with the commission notice of such election.

(b) It shall not be necessary for any public utility merging, uniting, or consolidating to comply with such provisions of any law governing the procedure in the merger, union, or consolidation of corporations as are in conflict with the provisions of this chapter. This chapter shall not create any new right of merger or enlarge any such right but is intended only to prescribe and simplify the proceedings in mergers which are authorized by other statutes.

(c) Any such public utility may purchase or lease the used and useful property, plant, or business, or any part thereof, of any other such public utility at a price and on terms approved by the commission. Whenever, in the case of any such purchase, the amount to be paid by the purchaser for the property, plant, or business to be purchased shall be an amount in excess of five percent (5%) of the book cost to the purchaser of all the properties, plants, and business owned by it at the time application is made to the commission for approval of such purchase, or whenever, in the case of any such lease, the book cost to the lessor of the property, plant, or business to be leased shall be an amount in excess of five percent (5%) of the book cost to the lessee of all the properties, plants, and business owned by the lessee at the time application is made to the commission for approval of such lease, there shall be obtained from the holders of three-fourths (3/4) of the voting stock of such purchaser or lessee their consent, authority, and approval to such purchase or lease.

(d) Any such public utility may purchase or lease the used and useful property, plant, or business, or any part thereof, of a municipally owned utility, as used in this chapter, owned or operated by a city having a population of more than one hundred fifty thousand (150,000) and less than five hundred thousand (500,000), with the approval of the commission at a price or rental and on terms approved by the commission.

(e) Any such public utility may sell or lease its used or useful property, plant, or business, or any part thereof, to any other such public utility at a price and on terms approved by the commission. Whenever in the case of any such sale or lease the book cost to the seller or lessor of such property, plant, or business to be sold or leased shall be an amount in excess of five percent (5%) of the book cost to such seller or lessor of all the properties, plants, and business owned by it at the time application is made to the commission for approval of such sale or lease, there shall be obtained from the holders of three-fourths (3/4) of the voting stock of such seller or lessor their consent, authority, and approval to such sale or lease. Whenever in the case of any such sale or lease the book cost to the seller or lessor of such property, plant, or business to be sold or leased shall be an amount in excess of twenty percent (20%) of the book cost to such seller or lessor of all the properties, plants, and business owned by it at the time application is made to the commission for approval of such sale or lease, dissenting stockholders of such seller or lessor shall, if the sale or lease is consummated, be paid for their stock the appraised value thereof as determined by the commission. Dissenting stockholders in such a case shall, within sixty (60) days after publication of notice of the approval by the commission of such sale or lease, apply to the commission to have the value of their stock assessed and determined. Stockholders not so applying shall be held to have assented. Such publication of notice shall be given by the seller or lessor to its stockholders by publishing such notice once each week for three (3) successive weeks in a newspaper of general circulation printed in the English language and published in Marion County, Indiana. Upon determination of the value of the stock of such dissenting stockholders such seller or lessor may within sixty (60) days either pay the dissenting stockholders for their stock the appraised value thereof or elect to abandon the sale or lease by filing with the commission notice of its election to abandon.

(f) No such public utility shall encumber its used and useful property or business or any part thereof without the approval of the commission and the consent, authority, and approval of the owners of three-fourths (3/4) of its voting stock.

(g) Any public utility corporation upon the order of a majority of its board of directors and with the approval of the commission may acquire, purchase or lease any real or personal estate or other property of any other public utility not used and useful in the public service of such other public utility.

(h) Any public utility corporation, upon the order of a majority of its board of directors and with the approval of the commission, may sell and convey or lease to any other public utility corporation any of its real or personal estate or other property not used and useful in its public service.

Formerly: Acts 1913, c.76, s.95.5; Acts 1925, c.54, s.2; Acts 1939, c.19, s.3; Acts 1973, P.L.61, SEC.1. As amended by P.L.23-1988, SEC.25; P.L.1-1989, SEC.15; P.L.12-1992, SEC.57; P.L.11-2023, SEC.34.
Ind. Code § 8-23-2-5.5 — Indiana Code / Title 8 / Article 23 / Chapter 2 / Section 8-23-2-5.5
Coordinated use of public rights-of-way; sharing of information; adoption of rules
Status: in_force

Sec. 5.5. (a) The department shall develop a program to coordinate the efficient and cost effective use of public rights-of-way by the department and utilities when the department undertakes an infrastructure improvement project.

(b) A program developed under subsection (a) may require the department and utilities to share the following information:

(1) Active construction and excavation permits.

(2) Locations of existing utility facilities.

(3) Short and long term project schedules.

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

As added by P.L.133-2013, SEC.6.
Ind. Code § 8-1-8.9-4 — Indiana Code / Title 8 / Article 1 / Chapter 8.9 / Section 8-1-8.9-4
"Financing entity" defined
Status: in_force

Sec. 4. As used in this chapter, "financing entity" means a person that provides:

(1) equity financing; or

(2) debt financing;

that is secured by an SNG property interest.

As added by P.L.175-2007, SEC.21.
Ind. Code § 8-2.1-17-15 — Indiana Code / Title 8 / Article 2.1 / Chapter 17 / Section 8-2.1-17-15
Repealed
Status: repealed

As added by P.L.99-1989, SEC.8. Repealed by P.L.110-1995, SEC.35.
Ind. Code § 8-14.5-6-4 — Indiana Code / Title 8 / Article 14.5 / Chapter 6 / Section 8-14.5-6-4
Notice of bond issue; publication; time for contesting validity; subsequent leases
Status: in_force

Sec. 4. (a) Before issuing a series of bonds or notes, the authority shall publish a notice of its determination to issue the bonds or notes. The notice shall be published one (1) time in two (2) newspapers published and of general circulation in the city of Indianapolis.

(b) No action to contest the validity of:

(1) any contract entered into by the department and the authority before the bonds or notes are issued;

(2) any lease entered into by the department and the authority before the bonds or notes are issued to secure a series of bonds or notes; or

(3) a series of bonds or notes issued by the authority;

may be brought after the fifteenth day following publication of the notice required by subsection (a).

(c) If a lease or contract is entered into under this chapter after bonds or notes relating to the lease or contract are issued, the authority may publish notice of execution of the lease or contract as set forth in subsection (a). No action to contest the validity of such a lease or contract may be brought after the fifteenth day following publication of the notice.

(d) If an action challenging a lease, contract, bonds, or notes is not brought within the time prescribed by this section, the lease, contract, bonds, or notes shall be conclusively presumed to be fully authorized and valid under the laws of the state and any person or entity is estopped from further questioning the authorization, validity, execution, delivery, or issuance of the contract, lease, bonds or notes.

As added by P.L.68-1988, SEC.12.
Ind. Code § 8-23-9-53 — Indiana Code / Title 8 / Article 23 / Chapter 9 / Section 8-23-9-53
Trench safety systems; costs
Status: in_force

Sec. 53. (a) This section applies to a construction, an improvement, or a maintenance project that requires creation of a trench of at least five (5) feet in depth.

(b) OSHA regulations, 29 C.F.R. 1926, Subpart P, for trench safety systems shall be incorporated into the contract documents for a public works project.

(c) The contract documents for a public works project must provide that the cost for trench safety systems shall be paid for:

(1) as a separate pay item; or

(2) in the pay item of the principal work with which the safety systems are associated.

As added by P.L.18-1990, SEC.218.
Ind. Code § 8-16-2-11 — Indiana Code / Title 8 / Article 16 / Chapter 2 / Section 8-16-2-11
Tolls
Status: in_force

Sec. 11. If and when authority so to do shall be granted and conferred by appropriate legislation by the Congress of the United States, the department shall charge toll, in accordance with the provisions of this chapter, for the use of any bridge constructed under the provisions of this chapter; and the department shall fix and establish the rates of toll to be paid for the use of such bridge, and for such purpose shall have authority to classify the users of such bridge into reasonable classes and to fix the rates of toll accordingly: Provided, however, That such right to charge toll, and also said rates of toll and the classification of the users of such bridge so fixed and established, shall be subject to the approval and control of the proper authorities of the United States, as provided by the acts of congress providing for the supervision or regulation of the taking of tolls over interstate bridges.

Formerly: Acts 1927, c.10, s.11. As amended by Acts 1980, P.L.74, SEC.285.
Ind. Code § 8-14-11-13 — Indiana Code / Title 8 / Article 14 / Chapter 11 / Section 8-14-11-13-b
Grant application financial report
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. 13. Within thirty (30) days after a county applies for a grant under section 12 of this chapter, the department of local government finance shall submit to the department a financial report that includes the following information:

(1) The amount of money available to the county for the construction and reconstruction of local bridges.

(2) Any other information required by the department for the processing of grant applications.

As added by P.L.117-1989, SEC.1. Amended by P.L.90-2002, SEC.321; P.L.152-2026, SEC.82.
Ind. Code § 8-4-12-1 — Indiana Code / Title 8 / Article 4 / Chapter 12 / Section 8-4-12-1
Forfeiture of rights, privileges, and franchises
Status: in_force

Sec. 1. Any railroad company organized under a special charter, or under the general law of the state for the construction of railroads, whose lines are wholly within this state or partly within this state and partly in another state, which shall fail to keep up the directory of their road and expend at least the sum of fifty thousand dollars ($50,000) upon the line of their road in this state, within any period of two (2) years from March 11, 1867; or where any railroad company, so organized as aforesaid, shall have located before March 11, 1867, the line of her road in this state, and have afterwards adopted another and different line and route thereof in this state, then, in either of the above cases, such railroad company shall be taken and held to have abandoned such road, or so much of the line thereof in this state as has been abandoned by so selecting and adopting another and different line; and such company is hereby declared to have forfeited all her rights, privileges, and franchises in such road or part thereof.

Formerly: Acts 1867, c.80, s.1; Acts 1877, c.68, s.1. As amended by P.L.62-1984, SEC.61.
Ind. Code § 8-1-11.1-24 — Indiana Code / Title 8 / Article 1 / Chapter 11.1 / Section 8-1-11.1-24
Revenue obligations; approval or validation; facsimile signatures; sale; actions to contest validity; certificates of indebtedness; execution
Status: in_force

Sec. 24. (a) All such revenue obligations shall be valid without the necessity of any approval of or ratification by either the commission or the department of local government finance. The board of directors for utilities, upon adopting a resolution authorizing such revenue obligations, shall certify a copy thereof to the city controller of such city who shall thereupon prepare said revenue obligations, and the same shall be issued in the name of the city and shall be executed by the mayor of said city and attested by the city controller and the clerk of the city-county council. Facsimile signatures may be used in executing such revenue obligations, provided that one or more of the signatures on the revenue obligations shall be manually signed, except that all signatures on interest coupons may be facsimile signatures.

(b) Certificates of indebtedness issued under section 23 of this chapter shall be executed solely by the president of the board of directors without the execution of the mayor. The signature of the president must be attested by the secretary of the board.

(c) Such revenue obligations shall be sold by the city controller of said city subject to the requirements of IC 5-1-11; provided, that any revenue obligations maturing within one (1) year of date of issuance need not be sold at public sale but may be sold in such manner as the board of directors for utilities may determine; and, provided further, that any revenue obligations may be offered for sale and sold to the United States or to any corporation owned or controlled by the United States without notice by publication. No suit to question the validity of any revenue obligations so issued or to prevent their issuance or sale shall be instituted after the date fixed for the sale of such revenue obligations and all such revenue obligations from and after such date shall be incontestable, except for fraud, forgery, or violation of constitutional provisions.

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

As added by Acts 1981, P.L.11, SEC.43. Amended by P.L.23-1988, SEC.44; P.L.90-2002, SEC.312.
Ind. Code § 8-4-24-4 — Indiana Code / Title 8 / Article 4 / Chapter 24 / Section 8-4-24-4
Liens and encumbrances
Status: in_force

Sec. 4. Next in the order of lien to the existing mortgage debt of the old road shall stand the amounts due persons for labor performed, wood and other such materials furnished the old company in running the road, and damages for killing stock and right of way: Provided, That all the property of said company shall be liable for damages recovered against said company for stock killed or injured by them and exempt from mortgage liens.

Formerly: Acts 1861, c.78, s.4.
Ind. Code § 8-23-32-16 — Indiana Code / Title 8 / Article 23 / Chapter 32 / Section 8-23-32-16
Photographs and recorded images; evidence of traffic offense; prohibited disclosures
Status: in_force

Sec. 16. (a) Except as otherwise provided by this chapter, use of a photograph or recorded image obtained through the use of a worksite speed control system for the purpose of enforcing a traffic offense (as defined in IC 9-13-2-183) is prohibited.

(b) A photograph or recorded image obtained through the use of a worksite speed control system may not be used as evidence in any action other than the action to collect a worksite speed limit civil penalty for which the photograph or recorded image was obtained.

(c) A photograph or recorded image obtained through the use of a worksite speed control system may be used internally to administer the pilot program. However, unless authorized by court order, a photograph or recorded image obtained through the use of a worksite speed control system may not be disclosed to anyone other than:

(1) the owner of the motor vehicle at the time the recorded speed of the motor vehicle exceeded a worksite speed limit;

(2) an individual alleged to have been operating the motor vehicle at the time the worksite speed limit was exceeded as described in subdivision (1);

(3) an attorney representing an individual described in subdivision (1) or (2);

(4) a law enforcement officer;

(5) the department;

(6) a person administering the worksite speed control system; and

(7) the court in a proceeding for judicial review under IC 4-21.5.

As added by P.L.120-2023, SEC.2.
Ind. Code § 8-1-27-21 — Indiana Code / Title 8 / Article 1 / Chapter 27 / Section 8-1-27-21
Repealed
Status: repealed

As added by P.L.76-1991, SEC.1. Repealed by P.L.1-1992, SEC.32.
Ind. Code § 8-1-38-11 — Indiana Code / Title 8 / Article 1 / Chapter 38 / Section 8-1-38-11
Existing property rights
Status: in_force

Sec. 11. This chapter does not affect an incumbent electric transmission owner's use and control of existing property rights.

As added by P.L.174-2013, SEC.1.
Ind. Code § 8-14-9-8 — Indiana Code / Title 8 / Article 14 / Chapter 9 / Section 8-14-9-8
Resolution; approval by county council; duties of board
Status: in_force

Sec. 8. If the county council of a qualified county approves a resolution submitted to it under section 7(b) of this chapter, the local county road and bridge board shall, for purposes of carrying out the project:

(1) let contracts, in accordance with IC 5-17-1;

(2) acquire real estate; and

(3) employ persons by special contract to render professional or consulting services.

As added by Acts 1981, P.L.88, SEC.13.
Ind. Code § 8-4-1-28 — Indiana Code / Title 8 / Article 4 / Chapter 1 / Section 8-4-1-28
Repealed
Status: repealed

Formerly: Acts 1852, 1RS, c.83, s.30. Repealed by Acts 1975, P.L.28, SEC.1.
Ind. Code § 8-22-1-5.1 — Indiana Code / Title 8 / Article 22 / Chapter 1 / Section 8-22-1-5.1
"Commercial aeronautics"
Status: in_force

Sec. 5.1. An entity is engaged in "commercial aeronautics" if the entity engages in a for-profit business activity on a publicly owned, public use airport.

As added by P.L.154-2016, SEC.3.
Ind. Code § 8-16-2-6 — Indiana Code / Title 8 / Article 16 / Chapter 2 / Section 8-16-2-6
Bond sales
Status: in_force

Sec. 6. When so executed, such bonds shall be sold as now provided by law for the sale of other county bonds, except that, in addition to any other notice required by law, such bonds shall be advertised in a public newspaper of general circulation published at the city of Indianapolis, Indiana; and the proceeds derived from the sale of such bonds shall be forthwith paid over by the county treasurer of such county to the treasurer of state of the state of Indiana, and shall become a part of the state highway funds of said state, to be used in the construction of such bridge and for no other purpose: Provided, That if the proceeds derived from the sale of such bonds shall amount to more than one-fourth of the actual cost of the construction of such bridge, the excess of such proceeds over and above one-fourth of the actual cost of the construction of such bridge shall, at the completion of such bridge, be repaid by the treasurer of state of the state of Indiana to such county and shall be used by such county in the payment of such bonds and the interest thereon and for no other purpose: Provided, further, That if, for any cause whatsoever, all or any part of said proceeds derived from the sale of any such bonds of such county shall not be actually used in the construction of such bridge, all of said proceeds not so used shall be repaid to such county and shall be used by it in the payment of such bonds and the interest thereon and for no other purpose; and if, at any time, the completion of any such bridge shall be abandoned, or shall be permanently or perpetually enjoined by decree of any court, from which no appeal is taken within the time of appeal allowed by law, and thereafter prosecuted with due diligence, or if the completion of such bridge be rendered impracticable by natural causes or otherwise, then in any such event all funds derived from the sale of county bonds hereunder and placed with the treasurer of state, as herein provided, to be used as a part of the state highway funds of the state in the construction of such bridge, and not so used, shall thereupon, together with any and all depository interest which shall have accrued on such fund while in the possession of the treasurer of state, be returned at once by the treasurer of state to the said county, and shall be used by it in payment of such bonds so issued by it as aforesaid and the interest thereon and for no other purpose.

Formerly: Acts 1927, c.10, s.6.
Ind. Code § 8-1-46-11 — Indiana Code / Title 8 / Article 1 / Chapter 46 / Section 8-1-46-11
"Performance incentive mechanism"
Status: in_force

Sec. 11. As used in this chapter, "performance incentive mechanism", or "PIM", means a ratemaking mechanism that is approved by the commission and that:

(1) links an electricity supplier's earnings to the electricity supplier's performance in targeted areas that are consistent with the provision of electric utility service with the attributes set forth in IC 8-1-2-0.6, including:

(A) reliability;

(B) affordability;

(C) resiliency;

(D) stability; and

(E) environmental sustainability;

as described in IC 8-1-2-0.6; and

(2) is based on specific performance metrics against which the electricity supplier's performance is measured.

As added by P.L.36-2026, SEC.10.
Ind. Code § 8-1-34-24.5 — Indiana Code / Title 8 / Article 1 / Chapter 34 / Section 8-1-34-24.5
Video service franchise fees; local and state reports
Status: in_force

Sec. 24.5. (a) This section applies to any unit that receives franchise fees paid to the unit under:

(1) a certificate issued by the commission under this chapter; or

(2) an unexpired local franchise issued by the unit before July 1, 2006;

with respect to a particular calendar year.

(b) For each calendar year, beginning with the calendar year ending December 31, 2012, each unit to which this section applies shall submit to the commission, on a form or in the manner prescribed by the commission, a report that includes the following information for each certificate or local franchise in effect in the unit during the calendar year for which the report is submitted:

(1) The amount of franchise fees paid to the unit under the certificate or local franchise.

(2) The account of the unit into which the franchise fees identified under subdivision (1) were deposited.

(3) The purposes for which any franchise fees received by the unit during:

(A) the calendar year for which the report is submitted; or

(B) a previous calendar year;

were used or spent by the unit during the calendar year for which the report is submitted.

(4) Any other information or data concerning the receipt and use of franchise fees that the commission considers appropriate.

(c) The commission shall prescribe the form of the report and the process, deadlines, and other requirements for submitting the report required under this section.

(d) Upon receiving the annual reports required under this section, the commission shall compile and organize the data and information contained in the reports. The commission shall include a summary of the data and information contained in the reports in the commission's annual report under IC 8-1-1-14(c)(4). However, this subsection does not empower the commission to disclose confidential and proprietary business plans and other confidential information without adequate protection of the information. The commission shall exercise all necessary caution to avoid disclosure of confidential information supplied under this section.

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

As added by P.L.152-2012, SEC.9. Amended by P.L.53-2014, SEC.82; P.L.71-2022, SEC.8; P.L.93-2024, SEC.70.
Ind. Code § 8-2.1-27-7 — Indiana Code / Title 8 / Article 2.1 / Chapter 27 / Section 8-2.1-27-7
Inspection to determine compliance; noncompliance; Class A infraction; inspection by law enforcement officer or health inspector; transporting food ordered disposed; Class A misdemeanor; impoundment
Status: in_force

Sec. 7. (a) A law enforcement officer may inspect a motor vehicle used to transport food to determine compliance with section 6 of this chapter.

(b) This subsection applies if, during the course of an inspection under subsection (a), a law enforcement officer determines that:

(1) the temperature of the food is more than two (2) degrees above the acceptable temperature;

(2) the food exhibits outward signs of contamination, spoilage, deterioration, putrefaction, or infestation; or

(3) the food is improperly loaded in a manner that increases the risk of cross-contamination.

A person who operates a motor vehicle described in this subsection commits a Class A infraction.

(c) If, during the course of an inspection under subsection (a), a law enforcement officer determines that the motor vehicle is not in compliance with applicable rules and regulations adopted by the Indiana department of health concerning the transportation of food, the law enforcement officer:

(1) may contact a health inspector to inspect the motor vehicle; and

(2) may detain the motor vehicle and its operator for purposes of the inspection.

(d) If a health inspector is present to inspect a motor vehicle and finds a violation of section 6 of this chapter, the health inspector may order either or both of the following:

(1) Disposal of part or all of the food.

(2) Impoundment of the vehicle.

(e) The penalty under this subsection is in addition to any penalties provided in IC 9, IC 16, or rules or regulations adopted by the Indiana department of health. This subsection applies if a health inspector, after inspection of a motor vehicle under subsection (d), finds a violation of section 6 of this chapter. A person who operates a motor vehicle described in this subsection commits a Class A infraction.

(f) A person who recklessly, knowingly, or intentionally transports food that a health inspector ordered to be disposed under subsection (d)(1), other than for the purpose of disposal, commits a Class A misdemeanor.

(g) A person who operated a motor vehicle impounded under subsection (d)(2) may not obtain possession of the motor vehicle until the person complies with the requirements of this chapter, including paying any costs associated with the disposal of food under subsection (d)(1).

As added by P.L.108-2012, SEC.1. Amended by P.L.56-2023, SEC.58.
Ind. Code § 8-4-1-27 — Indiana Code / Title 8 / Article 4 / Chapter 1 / Section 8-4-1-27
Repealed
Status: repealed

Formerly: Acts 1852, 1RS, c.83, s.29. Repealed by Acts 1975, P.L.28, SEC.1.
Ind. Code § 8-1-38-8 — Indiana Code / Title 8 / Article 1 / Chapter 38 / Section 8-1-38-8
Notice of construction
Status: in_force

Sec. 8. A new electric transmission owner shall notify the commission in a timely manner of the dates on which construction of the new electric transmission facility began and was completed.

As added by P.L.174-2013, SEC.1.
Ind. Code § 8-6-2.1-34 — Indiana Code / Title 8 / Article 6 / Chapter 2.1 / Section 8-6-2.1-34
Limitations upon expenditures and appropriations
Status: in_force

Sec. 34. No part of any of the funds raised by the city or received by the city under this chapter may be expended, except upon warrants drawn by the city controller or clerk-treasurer upon vouchers of the board. No appropriation in any form is necessary, but all funds arising under this chapter are appropriated to the respective purposes named in this chapter, and are under the control of the board, and the board may expend the funds for the purposes stated in this chapter.

[Pre-Local Government Recodification Citation: 19-5-14-34.]

As added by Acts 1980, P.L.8, SEC.70.
Ind. Code § 8-4.5-4-1 — Indiana Code / Title 8 / Article 4.5 / Chapter 4 / Section 8-4.5-4-1
Acquisition of railroad's interest
Status: in_force

Sec. 1. The Indiana department of transportation shall determine whether the state should acquire a railroad's interest in a corridor that is proposed to be abandoned.

As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.6; P.L.59-2005, SEC.2.
Ind. Code § 8-6-14-2 — Indiana Code / Title 8 / Article 6 / Chapter 14 / Section 8-6-14-2
Fences; gates
Status: in_force

Sec. 2. When such railroad is fenced on one (1) or both sides at the point where such way is constructed, such owner shall erect and maintain substantial gates in the line of such fence or fences across such way, and keep the same securely locked when not in use by himself or employees.

Formerly: Acts 1885(ss), c.44, s.2.
Ind. Code § 8-14-11-11 — Indiana Code / Title 8 / Article 14 / Chapter 11 / Section 8-14-11-11
Grant application evaluation criteria
Status: in_force

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

Sec. 11. The board 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.
Ind. Code § 8-4.5-5-15 — Indiana Code / Title 8 / Article 4.5 / Chapter 5 / Section 8-4.5-5-15
Limitations on reimbursement
Status: in_force

Sec. 15. Project costs that exceed the amount granted by the board may not be reimbursed from the fund or the state general fund. Reimbursement of project costs is limited to the percentage match approved by the board and actual eligible project costs incurred.

As added by P.L.40-1995, SEC.3.
Ind. Code § 8-1.5-6-8 — Indiana Code / Title 8 / Article 1.5 / Chapter 6 / Section 8-1.5-6-8
Enforcement of regulatory ordinance by municipality whose utility has filed a wholesale sewage petition
Status: in_force

Sec. 8. (a) This section applies if:

(1) a municipality adopts a regulatory ordinance after December 31, 2012; and

(2) a utility owned by the municipality files a wholesale sewage petition.

(b) A municipality may not enforce a regulatory ordinance until all the following conditions are satisfied:

(1) There is a final judgment on the wholesale sewage petition that concludes all administrative and judicial proceedings. For purposes of this subdivision, a final judgment includes an order of the commission under subsection (f).

(2) The commission has issued an order under subsection (f) that resolves all issues included in a petition filed under subsection (d) in a manner that the commission determines is in the public interest.

(3) The municipality has modified the regulatory ordinance to comply with the order of the commission described in subdivision (2), if necessary.

(c) A utility may file with the commission a petition alleging that the final judgment of a court on the wholesale sewage petition does not resolve all issues included in the wholesale sewage petition that are related to:

(1) the service territory of the municipality; or

(2) rates and charges for wholesale sewage service.

The commission shall assume immediate and exclusive jurisdiction over the municipal utility upon the filing of the petition for purposes of resolving the remaining issues. After notice and hearing, the commission shall issue an order within three hundred (300) days after the petition is filed resolving all issues presented in the petition in the manner that the commission determines is in the public interest. In making a determination of the public interest, the commission shall consider the factors set forth in subsection (g). The commission may combine a hearing under this subsection with a hearing under subsection (f) and issue a single order on the combined hearing.

(d) Not later than October 1, 2014, a municipal utility shall petition the commission for approval of the regulatory ordinance. The petition must include the following:

(1) A description of the service territory established in the regulatory ordinance.

(2) Proposed rates and charges for the services to be provided in the service territory.

(3) A list of any administrative or judicial proceedings involving the regulatory ordinance or the wholesale sewage petition.

(4) A list of any utilities actually or potentially affected by the regulatory ordinance.

(e) Upon the filing of a petition described in subsection (d), the commission shall do the following:

(1) Encourage all utilities listed under subsection (d)(4) to reach a mutual agreement that apportions the provision of service in the regulated territory among the utilities. A mutual agreement described in this subdivision is the preferred method of establishing service territories in a regulated territory. To take effect, a mutual agreement must be approved by the commission in an order issued under subsection (f), and the commission may approve a mutual agreement only if the commission determines that the mutual agreement is in the public interest.

(2) If the utilities are unable to reach a mutual agreement under subdivision (1), the commission shall assume immediate and exclusive jurisdiction over the municipal utility, including the wholesale sewage petition if there is no final judgment from a court on the wholesale sewage petition.

(f) Upon assuming jurisdiction under subsection (e)(2) and after notice and hearing, the commission shall issue an order resolving:

(1) all issues presented in the petition described in subsection (d), including the enforceability of the regulatory ordinance; and

(2) any applicable issues presented in the wholesale sewage petition;

in the manner that the commission determines is in the public interest. The commission shall issue the order within three hundred (300) days after the petition described in subsection (d) is filed.

(g) In making a determination under subsection (f), the commission shall consider the following:

(1) The ability of another utility to provide service in the regulated territory.

(2) The effect of a commission order on customer rates and charges for service provided in the regulated territory.

(3) The effect of the commission's order on present and future economic development in the regulated territory.

(4) The history of utility service in the regulated territory, including any contracts for utility service entered into by the municipality that adopted the regulatory ordinance and any other municipalities, municipal utilities, or utilities.

(5) Any other factors the commission considers necessary.

As added by P.L.213-2014, SEC.7.
Ind. Code § 8-3-21-6 — Indiana Code / Title 8 / Article 3 / Chapter 21 / Section 8-3-21-6
Duties of council
Status: in_force

Sec. 6. The council shall do the following:

(1) Meet within thirty (30) days after ratification of this agreement by at least two (2) participating states.

(2) Establish rules for the conduct of the council's business, including the payment of the reasonable and necessary travel expenses of council members.

(3) Coordinate all aspects of the rail passenger financial and economic impact study under section 3 of this chapter.

(4) Contract with persons, including postsecondary educational institutions, for performance of any part of the study under section 3 of this chapter.

(5) Upon approval of the study, determine the proportionate share that each state will contribute toward the implementation and management of the proposed restoration of the interstate rail passenger system along the western route.

(6) Make recommendations to each participating state legislature concerning the results of the study required by this chapter.

As added by P.L.58-1992, SEC.1. Amended by P.L.2-2007, SEC.134.
Ind. Code § 8-1-8.9-10 — Indiana Code / Title 8 / Article 1 / Chapter 8.9 / Section 8-1-8.9-10
"SNG seller" defined
Status: in_force

Sec. 10. As used in this chapter, "SNG seller" means any individual, corporation, or other legal entity that engages in the production and sale of substitute natural gas.

As added by P.L.175-2007, SEC.21.
Ind. Code § 8-2.1-24-11 — Indiana Code / Title 8 / Article 2.1 / Chapter 24 / Section 8-2.1-24-11
Agreements with federal or state agencies for supervision of transportation of property and passengers
Status: in_force

Sec. 11. The department may, subject to the approval of the governor, enter into an agreement or understanding with the United States Department of Transportation or any other appropriate agency of the federal government, another Indiana department or agency, or an agency of another state for the purpose of more effective supervision of safety and responsible transportation of property and passengers, intrastate.

As added by P.L.110-1995, SEC.29. Amended by P.L.42-2007, SEC.14.
Ind. Code § 8-1.5-2-21 — Indiana Code / Title 8 / Article 1.5 / Chapter 2 / Section 8-1.5-2-21
Bonds payable out of special account; purchase by municipality
Status: in_force

Sec. 21. A municipality may invest its own money in the bonds issued under section 18 of this chapter.

As added by Acts 1982, P.L.74, SEC.1.
Ind. Code § 8-14.5-6-3 — Indiana Code / Title 8 / Article 14.5 / Chapter 6 / Section 8-14.5-6-3
Weighted average useful life of project; term of bonds and interest
Status: in_force

Sec. 3. (a) The construction of a project may not be financed under this article if at the time the lease with respect to the project is initially entered into the weighted average useful life of the project is less than five (5) years.

(b) For purposes of this section and section 5 of this chapter, a certificate of the department as to the weighted average useful life of the project is conclusive with respect to the matters contained in the certificate.

(c) If any bonds or notes bear interest at a variable or adjustable rate, lease rentals under any lease or leases attributable to debt service shall be fixed over the term of the lease or leases based on the fair and reasonable value of the project or projects leased.

As added by P.L.68-1988, SEC.12.
Ind. Code § 8-1-39-15 — Indiana Code / Title 8 / Article 1 / Chapter 39 / Section 8-1-39-15
Revised rate schedule following general increase in rates and charges
Status: in_force

Sec. 15. A public utility that has implemented a TDSIC under this chapter shall file revised rate schedules resetting the charge if new basic rates and charges become effective for the public utility following a commission order authorizing a general increase in rates and charges that includes in the public utility's rate base eligible transmission, distribution, and storage system improvements reflected in the TDSIC.

As added by P.L.133-2013, SEC.5.
Ind. Code § 8-1-41-16 — Indiana Code / Title 8 / Article 1 / Chapter 41 / Section 8-1-41-16
Decommissioning and site restoration plan; posting of surety bond or equivalent security; required posting increments; adjustment of bond or security after periodic reevaluation of decommissioning costs; costs to be net of estimated salvage value
Status: in_force

Sec. 16. (a) Subject to subsection (b), and except as otherwise allowed by IC 36-7-4-1109, a project owner may not install or locate a wind power device in a unit unless the project owner submits to the permit authority a decommissioning and site restoration plan, and posts a surety bond, or an equivalent means of security acceptable to the permit authority, including a parent company guarantee or an irrevocable letter of credit, but excluding cash, in an amount equal to the estimated cost of decommissioning the wind power device, as calculated by a third party licensed or registered engineer, or by another person with suitable experience in the decommissioning of wind power devices, as agreed upon by the project owner and the permit authority. The required bond or other security shall be posted in increments such that the total amount of the bond or security posted is as follows:

(1) An amount equal to twenty-five percent (25%) of the total estimated decommissioning costs not later than the start date of the wind power device's full commercial operation. For purposes of this subdivision, the total estimated decommissioning costs shall be reevaluated by a third party licensed or registered engineer (or by another person with suitable experience in the decommissioning of wind power devices, as agreed upon by the project owner and the permit authority) in connection with the:

(A) fifth anniversary; and

(B) tenth anniversary;

of the start date of the wind power device's full commercial operation, and the total amount of the bond or security posted under this subdivision shall be adjusted as necessary after each reevaluation.

(2) An amount equal to fifty percent (50%) of the total estimated decommissioning costs not later than the fifteenth anniversary of the start date of the wind power device's full commercial operation. For purposes of this subdivision, the total estimated decommissioning costs shall be reevaluated by a third party licensed or registered engineer (or by another person with suitable experience in the decommissioning of wind power devices, as agreed upon by the project owner and the permit authority) in connection with the fifteenth anniversary of the start date of the wind power device's full commercial operation, and the total amount of the bond or security posted under this subdivision shall be adjusted as necessary after the reevaluation.

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

(A) in connection with the twentieth anniversary of the start date of the wind power device's full commercial operation; and

(B) at least once every succeeding five (5) year period after the twentieth anniversary of the start date of the wind power device's full commercial operation;

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

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

As added by P.L.90-2022, SEC.1.
Ind. Code § 8-16-2-19 — Indiana Code / Title 8 / Article 16 / Chapter 2 / Section 8-16-2-19
Contracts with adjoining states
Status: in_force

Sec. 19. In the discharge of its duties under the provisions of this chapter, the department, as the agent and representative of the state of Indiana and in the name of the state of Indiana, is hereby authorized and empowered, both before and during the construction of any such bridge and after the completion thereof, to cooperate with and enter into a contract or contracts with such adjoining state, acting through any proper authorities or agents representing such adjoining state, to provide for the payment by such adjoining state of such part of the costs of the construction of such bridge, not exceeding one-half thereof, as may be agreed upon in such contract; and in such contract to also agree upon and determine the time and manner of the making by such adjoining state of such payment or payments and all other details in connection therewith: Provided, That any moneys paid to the state of Indiana by any such adjoining state as such adjoining state's agreed part of the cost of construction of any such bridge shall be applied by said state of Indiana to reimburse the state of Indiana and any county of the state of Indiana that shall have issued its bonds under the provisions of this chapter to aid in the construction of such bridge up to the amount in each case which is equal to the amount provided by said county for such purpose, plus interest thereon up to the time of repayment thereof, so far as the money so provided was actually used in and about the construction of such bridge; and all moneys so received and applied to reimburse any such county as aforesaid shall be first applied by said county in payment of any of its said bonds issued as aforesaid under the provisions of this chapter and which are then still outstanding and unpaid, until such bonds and the interest accrued thereon shall be paid in full.

Formerly: Acts 1927, c.10, s.19. As amended by Acts 1980, P.L.74, SEC.290.
Ind. Code § 8-1-11.1-3 — Indiana Code / Title 8 / Article 1 / Chapter 11.1 / Section 8-1-11.1-3
Board of directors; powers and duties
Status: in_force

Sec. 3. (a) The board of directors for utilities shall have, within and outside such city as provided in this chapter, the exclusive government, management, regulation, and control of all public utilities consisting of any waterworks, gasworks, electric light works, heating and power plants of any kind or character, telephone and other systems of communication, and local transportation systems of any kind operated upon, above, or below any street or territory within the city, or outside the city within the limits authorized by law, and all property held by and relating or belonging thereto. Any of which public utilities any such city may acquire or construct for the service of the public as consumers, users, or patrons, and including any public utility and all property which such city may hold as trustee for the benefit of the inhabitants of such city. Such board of directors may furnish and sell service and products of and make all necessary construction, reconstruction, repairs, renewals, enlargements, extensions, or additions to any such plant or property of any such public utility so owned or at any time so held in trust, which in the judgment of the board of directors is desirable or necessary for the proper conduct of such business and the proper serving of the inhabitants of the city and adjacent, contiguous, or suburban communities or territory within the county wherein such city is situated and served, or reasonably capable of being served, in any manner by or with respect to any such utility.

(b) The board of directors may lease any such utility property for a term not exceeding thirty-five (35) years to any person, partnership, limited liability company, or corporation, and without the approval of the commission, such lease to be upon such terms and conditions as the board may deem to be to the best interest of such city and the city's inhabitants. No such lease shall be valid or effective until it has been approved by the board of trustees and duly ratified and approved by an ordinance of the city. The board and the city-county legislative body must each vote such approval by a two-thirds (2/3) vote of their total membership. In any such lease an option may be given to such lessee to extend the same for a period not to exceed ten (10) additional years.

(c) In connection with the duties devolving upon such board of directors in the government, management, regulation, control, and operation of all such utilities, it may act as follows:

(1) To condemn, appropriate, lease, rent, purchase, and hold any real estate, rights-of-way, materials, or personal property within such city or within five (5) miles of the corporate limits of the city needed for the proper giving of service by any such utility to the inhabitants of the city and the community contiguous thereto and served from any such utility plant.

(2) To design, order, contract for, and construct any and all necessary or desirable extensions of or additions to any utility plant and property owned or so held in trust by the city, and to enter into all necessary contracts with reference thereto, and with reference to the purchase of materials and supplies needed for the operation of any such plant or plants, in accordance with such rules as may be adopted by such board of directors, and without the necessity of advertising for bids, or without such other restrictions as are imposed by any law of Indiana with reference to the letting of contracts for work, material, or supplies by municipal bodies or other governmental agencies.

(3) To sell any products or byproducts, and enter into executory contracts for the sale, to anyone whatsoever and without any restriction concerning the taking of bids therefor or otherwise.

(4) To operate any such plant or plants, to receive and collect all money due on account of such operation or otherwise relating to such plant or plants or business and in connection therewith to employ such managers, superintendents, assistant managers, assistant superintendents, engineers, attorneys, auditors, clerks, foremen, and other employees necessary for the proper carrying on and operation of any such utility plant or plants and the business and to fix the compensation of all such employees. No contract of employment shall be made for a longer fixed period than four (4) years. However, a contract of employment may be extended or renewed from time to time thereafter. The directors may elect from their membership an executive committee consisting of not more than three (3), who may be assigned to the supervision of any one (1) or more of such utilities and who shall, in the intervals between the meetings of the directors, exercise all the powers and duties of the directors, all of their acts to be subject, however, to the approval of the directors, and to fix any such additional compensation to the members of the executive committee, in addition to their salaries as directors, as shall be reasonable. The additional compensation shall be fixed by a resolution of the directors entered of record at the time of the appointment of the executive committee. Whenever any such city shall acquire, hold, own, or so hold in trust for the city's inhabitants more than one (1) such public utility and the property of the city, such board of directors shall have power to select additional executive committees from their membership in the same manner and with the same power as the executive committee first selected, which committee may be assigned by such board to any such utilities deemed necessary. In the selection of employees, other than managers, superintendents, assistant managers, assistant superintendents, engineers, attorneys, and auditors, the board of directors shall provide for a merit system of employment to be determined by competitive examination, except as to unskilled and common laborers, in which political, religious, or other personal affiliations may not be considered. In selecting managers the directors shall consider character, training, and general expert and executive fitness and experience for the position in the particular utility to which such manager is to be assigned, as the necessary requirements for appointment.

(5) To rent such offices and other real estate and property for the conduct of the business of such utility or utilities as may be deemed needful and enter into contracts with reference to the rental and use of the offices, real estate, and property. No such contract shall be made for a longer period than ten (10) years.

(6) In the event there be an open mortgage upon any utility property acquired by any such city, either in absolute ownership or in trust, by the terms of which mortgage additional bonds may be taken down from the trustee under such mortgage to meet in whole or in part the cost of extensions and improvements to the mortgaged property, the board of directors may perform all things necessary in order to secure the benefit of such mortgage provisions and to enable the escrow bonds held by the trustee under any such mortgage to be taken down and sold in order to defray the cost of any extensions and betterments to such property and to sell any such bonds so taken down for the purpose of assisting in defraying the costs of any such extensions or betterments to such property.

(7) To take over, adopt, and assume the performance of the provisions of any lease under which any utility property may be held at the time of the acquisition of any utility by any such city, either in absolute ownership or in trust and to take any and all steps necessary to perform and fulfill the terms of any such lease, and to obtain and preserve the benefits from the lease. In the event there be any outstanding open mortgage upon the property covered by such lease so taken over under the provisions of which bonds may be withdrawn from the trustee under such mortgage for the purpose of paying all or part of the cost of additions to the property covered by such mortgage, to do all things necessary in order to secure the benefit of such mortgage provisions and to enable the escrow bonds held by the trustee under any such mortgage to be taken down and sold in order to defray the cost of any extensions and betterments to such leased property and to sell any such bonds so taken down for the purpose of assisting in defraying the costs of any such extensions or betterments to such leased property.

(8) To preserve the corporate organization of any company engaged in the mining of coal, or any other commercial or manufacturing business, the stock of which may be owned by any utility whose property and assets may be taken over by any such city, either in absolute ownership or in trust and in connection with the taking of the property by the city to cause the stock of any such company to be issued in the name of the board of directors for utilities except as to qualifying shares for directors and to cause such qualifying shares to be issued in the names of such individuals as the board of directors may name and to vote any such stock for the election of directors, who may be members of such board of trustees for utilities. However, no member of such board of directors shall receive any compensation, directly or indirectly, as a director, officer, or employee of any such company, other than the compensation provided in this chapter as a member of the board of directors for utilities. Through the control thus given of any company, the board of directors for utilities shall be authorized to do all things necessary to cause any such coal mining company or other company efficiently to carry on its operations and to conduct its business in the same manner as if its stocks were owned by private individuals.

(9) To adopt rules for service and rates for service in connection with the furnishing of any public utility service by the city to consumers, users, or patrons. However, any such rules and rates for service shall be in effect only after the rules and rates have been filed with and approved by the commission and such approval shall be granted by the commission only after notice of hearing and hearing as provided by IC 8-1-1 and IC 8-1-2, and only after determining compliance of the rates of service with IC 8-1.5-3-8 and IC 8-1.5-3-10 and only after determining compliance of the rules of service with IC 8-1-1 and IC 8-1-2, along with the rules and standards of service for municipal utilities of Indiana approved by the commission.

(10) To take over all contracts and rights of any kind or character, and to fulfill and perform all obligations relating to the property and business of any utility company whose property may be taken over by any such city, either in absolute ownership or in trust.

(11) To make all rules and bylaws customary in private corporations for their own conduct of business and necessary for the proper government and supervision of the utilities under their control. Any such rules and bylaws shall be subject to the approval of the board of trustees.

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

As added by Acts 1981, P.L.11, SEC.43. Amended by P.L.23-1988, SEC.42; P.L.3-1989, SEC.57; P.L.8-1993, SEC.122.
Ind. Code § 8-16-1-15 — Indiana Code / Title 8 / Article 16 / Chapter 1 / Section 8-16-1-15
Payment of interest or principal
Status: in_force

Sec. 15. (a) In any resolution or trust agreement providing for the issuance of revenue bonds pursuant to section 14 of this chapter, the authority may further covenant and agree that moneys deposited in the Indiana interstate bridge fund from revenues of other bridges as reimbursement to such fund will be used to pay the interest on or principal of such bonds due but unpaid if, at any time, the available revenues of the bridge to be constructed or acquired by purchase from the proceeds of such bonds are not sufficient to pay such interest or principal. Any coupons or bonds so paid from moneys in the Indiana interstate bridge fund shall be held uncancelled by the authority as a part of the Indiana interstate bridge fund until the amount represented by such coupons or bonds is reimbursed to the fund as provided in this section. Any revenues of the bridge constructed or acquired by purchase from the bond issue of which the coupons or bonds held in the Indiana interstate bridge fund are a part and which are received thereafter and are not required to pay the cost of maintaining, repairing, and operating such bridge or to pay principal and interest on other bonds of the issue or to maintain the sinking fund or any other reserves, if any, at the level prescribed in the resolution or trust agreement, shall be applied to reimbursement of the Indiana interstate bridge fund in an amount not exceeding the amount represented by such coupons or bonds. Such revenues shall be applied first to coupons and then to bonds and in each case in their numerical order. Whenever the Indiana interstate bridge fund is reimbursed for the amount of any coupon or bond, such coupon or bond shall be cancelled. A coupon or bond shall not bear interest for the period held as part of the Indiana interstate bridge fund and the fund shall be deemed to be fully reimbursed for any coupon or bond when it receives the face amount of any such coupon or bond.

(b) If the authority agrees and covenants as provided in this section in connection with more than one (1) issue of revenue bonds, a bond issue bearing an earlier date than another bond issue shall have priority as to payment of principal and interest from the Indiana interstate bridge fund. However, so long as the revenues of any bridge are sufficient to pay principal and interest due and owing on the bonds issued for the purpose of constructing or acquiring such bridge, moneys in the Indiana interstate bridge fund may be used as provided in this section to pay the principal and interest on any other bond issue even though such bond issue bears a subsequent date.

(c) Nothing contained in this section shall be construed as permitting the use of money in said fund derived from state appropriations for these purposes, and the books of account of the authority that disclose the amounts in said fund from various sources shall be open for inspection by the general public. Any expenditures from the Indiana interstate bridge fund pursuant to section 18 of this chapter shall first be made from money in said fund derived from sources other than reimbursement from revenues of other bridges.

Formerly: Acts 1939, c.79, s.10a; Acts 1963, c.274, s.1. As amended by Acts 1980, P.L.74, SEC.271; P.L.109-1983, SEC.42.
Ind. Code § 8-23-5-9 — Indiana Code / Title 8 / Article 23 / Chapter 5 / Section 8-23-5-9
Additions to state highway system; procedures
Status: in_force

Sec. 9. (a) The department may establish the approximate locations, using the recommended widths established by the department in the department's approved design manual for equivalent classification of roads, of rights-of-way for additions to the state highway system.

(b) If the department establishes the approximate locations and widths of rights-of-way for an addition to the state highway system under subsection (a), the department shall conduct a public hearing in at least one (1) county in which a right-of-way for the addition is located. The department shall publish notice of a hearing conducted under this subsection in two (2) newspapers of general circulation in the county in which the hearing will be conducted at least ten (10) days before the hearing. If only one (1) newspaper is published in the county, publication in that newspaper is sufficient. Notice of the hearing shall be given by mail to all owners of real property identified within the rights-of-way shown on the map prepared under subsection (c).

(c) If the department establishes the approximate locations and widths of rights-of-way for an addition to the state highway system under subsection (a), the department shall prepare a map showing the approximate location and width of each right-of-way for the proposed addition. The map must display the following:

(1) Existing highways in the area of the addition.

(2) Property lines and owners of record of property to be acquired for the rights-of-way.

(3) Other information determined necessary by the department.

The department shall approve the map, with changes (if applicable), at the public hearing conducted under subsection (b). The department shall record the approval and a copy of the approved map in the office of the recorder of each county in which land to be acquired for the addition is located.

(d) The department shall:

(1) publish notice of a recording under subsection (c) in two (2) newspapers of general circulation in each county in which an approval is recorded; however, if only one (1) newspaper is published in the county, publication in that newspaper is sufficient; and

(2) not more than sixty (60) days after an approval is recorded, send notice of the recording by certified mail to all owners of record of real property to be acquired for rights-of-way for the addition.

(e) The owner of property to be acquired for a right-of-way must give at least sixty (60) days notice by registered mail to the department before developing or otherwise improving the property. However, the owner may perform normal or emergency repairs to existing structures on the property without giving notice to the department.

(f) Not more than forty-five (45) days after receiving a notice under subsection (e), the department shall respond by providing notice to the property owner of the department's intent to acquire the property. The department shall:

(1) purchase; or

(2) exercise the right of eminent domain to acquire;

the property not more than one hundred eighty (180) days after responding under this subsection. If the department does not purchase the property or acquire the property by eminent domain within one hundred eighty (180) days after responding under this subsection, the department may subsequently acquire the property through the exercise of the right of eminent domain under IC 32-24.

(g) An owner of property to be acquired for a right-of-way may not receive damages for any development or improvement for which the owner is required to give notice to the department under subsection (e) unless the department fails to purchase or exercise the right of eminent domain to acquire the property under subsection (f).

(h) The state or a county or municipality in which an addition to the state highway system is located may acquire a right-of-way needed for the addition at any time. For purposes of this subsection, the fair market value of the property shall be determined as follows:

(1) If the property is purchased, the fair market value on the date of purchase.

(2) If the property is acquired by eminent domain, the fair market value on the date on which the complaint in condemnation was filed.

However, if the property is agricultural land, the fair market value shall be determined under IC 32-24-1.

(i) The department shall adopt guidelines to determine whether a project constitutes an addition to the state highway system for purposes of this section. In adopting guidelines under this subsection, the department shall consider the following:

(1) The need for additional capacity.

(2) The estimated cost of the project.

(3) Whether the project is new construction or maintenance.

(j) As used in this section, "owner" does not include a utility.

(k) At the same time and in the same manner as the notice is sent under subsection (d)(2), the department shall notify the owner of property to be acquired for a right-of-way of the following:

(1) With respect to damage that occurs to the property as a result of entry onto the land for a purpose set forth in IC 8-23-7-26:

(A) a description of the owner's right to compensation for the damage from the department; and

(B) the procedure that the owner must follow to obtain the compensation.

(2) The name, mailing address, and telephone number of an individual or office within the department to which the owner may direct questions concerning the rights and procedures described in subdivision (1).

As added by P.L.99-2008, SEC.1.
Ind. Code § 8-1.5-4-5 — Indiana Code / Title 8 / Article 1.5 / Chapter 4 / Section 8-1.5-4-5
Water filtration and service facilities; acquisition, construction, and operation; financing methods
Status: in_force

Sec. 5. The acquisition, construction, installation, operation, and maintenance of facilities and land for water filtration and water service may be financed through proceeds from tax levies, proceeds of special taxing district bonds of the waterworks district, service rates, revenue bonds, or any other available funds.

As added by Acts 1982, P.L.74, SEC.1.
Ind. Code § 8-1-2.6-0.7 — Indiana Code / Title 8 / Article 1 / Chapter 2.6 / Section 8-1-2.6-0.7
"Telecommunications service"
Status: in_force

Sec. 0.7. As used in this chapter, "telecommunications service" has the meaning set forth in 47 U.S.C. 153.

As added by P.L.27-2006, SEC.12. Amended by P.L.7-2015, SEC.9.
Ind. Code § 8-3-17-9 — Indiana Code / Title 8 / Article 3 / Chapter 17 / Section 8-3-17-9
Definitions
Status: in_force

Sec. 9. The term "railroad or railroads" or "railroad company" or any combination of such terms as used in this chapter shall be construed to include both steam and interurban railroads but shall not be construed to include hobby, tourist, amusement, and non-freight-carrying railroads.

Formerly: Acts 1927, c.18, s.9. As amended by Acts 1976, P.L.26, SEC.3.
Ind. Code § 8-3-1.5-16 — Indiana Code / Title 8 / Article 3 / Chapter 1.5 / Section 8-3-1.5-16
Delinquent state railroad taxes; offset against purchase cost
Status: in_force

Sec. 16. In addition to any other funds available to carry out the purposes of this chapter, there are appropriated, and the department may utilize, any delinquent state taxes from any railroad entity, and the interest due on taxes to the date of acquisition, as an offset against the purchase cost of any rail properties purchased from that railroad entity.

Formerly: Acts 1975, P.L.79, SEC.1. As amended by Acts 1980, P.L.74, SEC.55.
Ind. Code § 8-18-20-15 — Indiana Code / Title 8 / Article 18 / Chapter 20 / Section 8-18-20-15
Regular and special meetings of directors
Status: in_force

Sec. 15. In addition to their meetings under section 14 of this chapter, the directors may hold the regular and special meetings they consider necessary. The directors may fix the times of these meetings and the notices required for meetings by resolution or under their rules and bylaws.

As added by P.L.386-1987(ss), SEC.20.
Ind. Code § 8-15.7-2-12 — Indiana Code / Title 8 / Article 15.7 / Chapter 2 / Section 8-15.7-2-12
"Political subdivision"
Status: in_force

Sec. 12. "Political subdivision" has the meaning set forth in IC 36-1-2-13.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-25-2-10 — Indiana Code / Title 8 / Article 25 / Chapter 2 / Section 8-25-2-10
No moral obligation of the state created
Status: in_force

Sec. 10. Nothing in this article creates a moral obligation of the state:

(1) to pay for any transportation project or service or other amounts under this article; or

(2) to pay any bonds issued under this article.

As added by P.L.153-2014, SEC.17.
Ind. Code § 8-1-17-27 — Indiana Code / Title 8 / Article 1 / Chapter 17 / Section 8-1-17-27
General nonprofit corporation act; application to chapter
Status: in_force

Sec. 27. The provisions of IC 23-17 and all rights and powers under IC 23-17 shall apply to cooperative corporations organized under this chapter, except where such provisions are in conflict or inconsistent with the express provisions of this chapter.

Formerly: Acts 1951, c.193, s.28. As amended by P.L.59-1984, SEC.86; P.L.179-1991, SEC.14.
Ind. Code § 8-1-11.1-16 — Indiana Code / Title 8 / Article 1 / Chapter 11.1 / Section 8-1-11.1-16
Budgets; nonapplication of chapters; fixing and review of budgets, tax rates, and levies; limitations on property tax rates or appropriations
Status: in_force

Sec. 16. The provisions of IC 6-1.1-17 and IC 6-1.1-18 shall not apply to the board of directors created by this chapter, but such board of directors shall annually, on or before the thirty-first day of December, furnish to the city controller an estimate of the moneys to be expended by them for the succeeding calendar year.

[Pre-Local Government Recodification Citation: 19-3-24-16.]

As added by Acts 1981, P.L.11, SEC.43.
Ind. Code § 8-15-1-2 — Indiana Code / Title 8 / Article 15 / Chapter 1 / Section 8-15-1-2
Definitions
Status: in_force

Sec. 2. (a) As used in this chapter, "financial institutions" means and includes any bank or trust company, credit union, bank of discount and deposit, savings bank, loan and trust and safe deposit company, trust company, savings association, mortgage guaranty company, and small loan company organized under any law of the state of Indiana.

(b) As used in this chapter, "insurance company" means and includes any stock, mutual, reciprocal, assessment or fraternal benefit company or society writing any life, fire, livestock, casualty, health, hospital, accident or bonding insurance or reinsurance, which company or society is organized under the laws of the state of Indiana.

(c) As used in this chapter, "trust fund" shall be limited to private trust funds.

Formerly: Acts 1953, c.131, s.2. As amended by P.L.42-1993, SEC.8; P.L.79-1998, SEC.15; P.L.136-2018, SEC.97.
Ind. Code § 8-17-5-1 — Indiana Code / Title 8 / Article 17 / Chapter 5 / Section 8-17-5-1
Authority to employ county highway engineer
Status: in_force

Sec. 1. A county executive, or any two (2) or more counties acting under IC 36-1-7, may employ a full-time county highway engineer who is responsible for supervising the design, construction, planning, traffic, and other engineering functions of the county highway department under the direction of the county executive. The engineer shall prepare all required surveys, estimates, plans, and specifications.

Formerly: Acts 1963, c.131, s.1. As amended by Acts 1981, P.L.11, SEC.61; P.L.86-1988, SEC.123.
Ind. Code § 8-2.1-22-13 — Indiana Code / Title 8 / Article 2.1 / Chapter 22 / Section 8-2.1-22-13
Repealed
Status: repealed

As added by P.L.99-1989, SEC.13. Repealed by P.L.205-2025, SEC.32.
Ind. Code § 8-1-29.5-6 — Indiana Code / Title 8 / Article 1 / Chapter 29.5 / Section 8-1-29.5-6
Service complaints; investigation by commission; enforcement remedies; civil penalties; enforcement by attorney general; right to appeal
Status: in_force

Sec. 6. (a) If:

(1) ten (10) or more customers of a provider or a certificate holder;

(2) the utility consumer counselor; or

(3) any class satisfying the standing requirements of IC 8-1-2-54;

files a verified complaint with the commission alleging that a service over which the commission has jurisdiction that is provided by a provider or a certificate holder is unsafe, unjustly discriminatory, or inadequate, or that any service cannot be obtained, the commission may investigate the complaint as the commission considers appropriate. The commission shall conduct an investigation under this section on an expedited basis.

(b) If, after notice and an opportunity for hearing, the commission determines from an investigation conducted under subsection (a) that a service over which the commission has jurisdiction that is provided by a provider or a certificate holder is unsafe, unjustly discriminatory, or inadequate, or that any service cannot be obtained, the commission may do any of the following:

(1) Issue an order directing the provider or the certificate holder to cease and desist from any action resulting in unsafe, unjustly discriminatory, or inadequate service.

(2) Mandate corrective action.

(3) Revoke or modify the terms of:

(A) an indeterminate permit;

(B) a certificate of territorial authority;

(C) a certificate of franchise authority issued under IC 8-1-34; or

(D) another license or authorization;

issued to the provider or the certificate holder by the commission.

(4) Impose a civil penalty of not more than ten thousand dollars ($10,000) per offense, if the offense involves any of the following:

(A) A willful disregard, as evidenced by a continuing pattern of conduct, by the provider or the certificate holder of its obligation to remedy the offense after the provider or the certificate holder becomes aware of the offense.

(B) Repeated errors in bills issued to one (1) or more customer classes, if the errors:

(i) represent intentional misconduct or an act of fraud by the provider or the certificate holder or by any officer, accountant, or agent of the provider or the certificate holder; or

(ii) demonstrate, by a continuing pattern of conduct, a willful disregard by the provider or the certificate holder of its obligation to remedy the errors after the provider or the certificate holder becomes aware of the errors.

Subject to section 7(a)(1) of this chapter, for purposes of this subdivision, a single act, omission, occurrence, or event that results in multiple complaints being filed under subsection (a) constitutes a single offense and is not subject to more than one (1) civil penalty. The commission may not consider each day that a particular act, omission, occurrence, or event continues to be a separate offense.

(c) A matter resolved through voluntary mediation is not subject to any of the remedies allowed under subsection (b).

(d) A provider or a certificate holder may not be subject to both:

(1) a civil penalty or order of the commission under this section; and

(2) a penalty or remedy agreed to in a commission approved settlement agreement;

for the same offense. If the commission has approved a settlement agreement under IC 8-1-2.6 that includes penalties or remedies for noncompliance with specific provisions of the settlement agreement, the penalties or remedies provided in this section do not apply to those instances of noncompliance during the life of the settlement agreement.

(e) The attorney general may bring an action in the name of the state to enforce any action taken by the commission under subsection (b), including the collection of an unpaid civil penalty imposed by the commission.

(f) The following are subject to appeal by a provider under IC 8-1-3:

(1) A determination by the commission under this section that a service is unsafe, unjustly discriminatory, or inadequate, or that a service cannot be obtained.

(2) The appropriateness of any action taken by the commission under subsection (b)(1) through (b)(3).

(3) The appropriateness of:

(A) the imposition of a civil penalty by the commission under subsection (b)(4); or

(B) the amount of the penalty imposed.

Upon the motion of a provider or a certificate holder, the commission shall stay the effect or enforceability of an order or penalty under this section pending an appeal, subject to the provider or the certificate holder posting a bond that complies with Rule 18 of the Indiana Rules of Appellate Procedure.

As added by P.L.27-2006, SEC.53.
Ind. Code § 8-10-1-27 — Indiana Code / Title 8 / Article 10 / Chapter 1 / Section 8-10-1-27
Tax exemptions
Status: in_force

Sec. 27. (a) The exercise of the powers granted by this article will be in all respects for the benefit of the people of the state, for the increase of their commerce and prosperity, and for the improvement of their health and living conditions.

(b) As the operation and maintenance of a port or project by the ports of Indiana will constitute the performance of essential governmental functions, the ports of Indiana shall not be required to pay any taxes or assessments upon any port or project or any property acquired or used by the ports of Indiana under the provisions of this article or upon the income therefrom. The bonds issued by the ports of Indiana, the interest thereon, the proceeds received by a holder from the sale of such bonds to the extent of the holder's cost of acquisition, or proceeds received upon redemption prior to maturity or proceeds received at maturity, and the receipt of such interest and proceeds shall be exempt from taxation in the state of Indiana for all purposes except the financial institutions tax imposed under IC 6-5.5.

(c) Notwithstanding any other statute, a lessee's leasehold estate in land that is part of a port and that is owned by the state or the ports of Indiana is exempt from property taxation. However, an exemption under this subsection is not available for land not located at a port.

Formerly: Acts 1961, c.11, s.27. As amended by P.L.66-1984, SEC.12; P.L.21-1990, SEC.39; P.L.60-1992, SEC.1; P.L.254-1997(ss), SEC.13; P.L.224-2003, SEC.223 and P.L.271-2003, SEC.23; P.L.98-2008, SEC.36; P.L.79-2017, SEC.54.
Ind. Code § 8-21-3-4 — Indiana Code / Title 8 / Article 21 / Chapter 3 / Section 8-21-3-4
Security; filing proof of financial responsibility
Status: in_force

Sec. 4. (a) The department may require, within not less than ten (10) days nor more than sixty (60) days after an aircraft accident from any person, who, while operating any aircraft shall have been involved in any aircraft accident resulting in bodily injury or death to any person or in damage to property of another, other than property owned, rented, occupied, or used by, or in the care, custody or control of the owner or operator or carried in or on the aircraft, in excess of seven thousand five hundred dollars ($7,500), or, in the discretion of the department, the owner of such aircraft, or both, security sufficient in the discretion of the department to indemnify the injured party against loss and guarantee the payment and satisfaction of any judgment or judgments for damages resulting from such accident as may be recovered against such owner or operator by or on behalf of the injured person or the injured person's legal representative, and in addition thereto, the department may require such operator, or in the department's discretion, the owner of such aircraft, or both, to file proof of financial responsibility for a period of one (1) year following the date of the accident: Provided, however, that if such owner operator shall satisfy the department that the liability, if any, for damages resulting from such accident is insured by an insurance policy or bond, the department shall not require security from such owner operator.

(b) Such security, where ordered, shall be in such form and in such amount as the department may require, but in no case in excess of the amount of proof required by section 8 of this chapter. The department may modify the amount of security ordered in any case, if after further investigation it shall determine that the amount ordered is improper.

Formerly: Acts 1951, c.267, s.4; Acts 1953, c.85, s.3. As amended by Acts 1980, P.L.74, SEC.319; P.L.50-2024, SEC.3.
Ind. Code § 8-15.7-6-2 — Indiana Code / Title 8 / Article 15.7 / Chapter 6 / Section 8-15.7-6-2
Compliance with certain laws
Status: in_force

Sec. 2. Unless otherwise provided by federal law or this section, the operator or any contractor or subcontractor of the operator engaged in the construction of a project is not required to comply with IC 4-13.6 or IC 5-16 concerning state public works, IC 5-17 concerning purchases of materials and supplies, or other statutes concerning procedures for procurement of public works or personal property as a condition of being awarded and performing work on the project.

As added by P.L.47-2006, SEC.40. Amended by P.L.85-2010, SEC.19; P.L.163-2011, SEC.15; P.L.252-2015, SEC.22.
Ind. Code § 8-6-2.1-10 — Indiana Code / Title 8 / Article 6 / Chapter 2.1 / Section 8-6-2.1-10
Parties aggrieved
Status: in_force

Sec. 10. All persons affected in any manner by the proceedings, including all owners of real or personal property in the city, are considered to be notified of the pendency of the proceedings, and of all subsequent acts, hearings, adjournments, resolutions and orders of the board, by the original notice by publication. In the resolution and notice, separate descriptions of each piece or parcel of land are not required, but it is sufficient to describe the property to be purchased or appropriated by giving a description of the entire track by metes and bounds, whether the track is composed of one (1) or more lots or parcels, and whether owned by one (1) or more persons.

[Pre-Local Government Recodification Citation: 19-5-14-10.]

As added by Acts 1980, P.L.8, SEC.70.
Ind. Code § 8-9-10-1 — Indiana Code / Title 8 / Article 9 / Chapter 10 / Section 8-9-10-1
Duty to provide; terminals; mobile camps for maintenance of way employees
Status: in_force

Sec. 1. (a) As used in this section, "mobile camp" means a temporary location where at least two (2) railroad maintenance of way employees are housed.

(b) Every railroad company within the state of Indiana shall provide and adequately maintain a heated room or rooms at all terminals, headquarters, and mobile camps in the operation of the railroad company, for the use of its employees.

(c) Each room required by subsection (b) must contain adequate wash basins, shower-baths, inside toilets, and sufficient lockers for checking employees' clothing.

(d) Every railroad shall maintain at all permanent assembly points and mobile camps a supply of drinking water dispensed in a sanitary manner. A permanent assembly point under this chapter is a location where a minimum of two (2) maintenance of way employees meet for not less than six (6) months of each year.

(e) A railroad company that houses maintenance of way employees in a mobile camp shall provide and adequately maintain for the employees' use outfit cars, camp cars, or trailers in compliance with the rules adopted under IC 16-19-3-4.4.

(f) A railroad company that houses maintenance of way employees in a mobile camp shall:

(1) not later than two (2) business days after employees arrive at that location, notify the local health department with jurisdiction in the area in which the mobile camp is located of the existence of the mobile camp; and

(2) request and permit inspection by an authorized representative of the local health department to ensure the conditions of the outfit cars, camp cars, or trailers are sanitary and healthful for the:

(A) maintenance of way employees; and

(B) local community.

(g) A railroad company shall locate and maintain a mobile camp described in subsection (e) in a safe and healthy environment.

Formerly: Acts 1965, c.154, s.1. As amended by P.L.62-1984, SEC.138; P.L.83-2007, SEC.1.
Ind. Code § 8-15.7-12-4 — Indiana Code / Title 8 / Article 15.7 / Chapter 12 / Section 8-15.7-12-4
Arbitration or alternative dispute resolution
Status: in_force

Sec. 4. A public-private agreement may permit a party to the agreement to submit any claim arising under the agreement to arbitration or alternative dispute resolution under IC 34-57.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-20-1-12 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-12
Repealed
Status: repealed

Formerly: Acts 1905, c.167, s.12; Acts 1907, c.232, s.2. As amended by P.L.353-1983, SEC.11. Repealed by P.L.86-1988, SEC.227.
Ind. Code § 8-23-1.1-5 — Indiana Code / Title 8 / Article 23 / Chapter 1.1 / Section 8-23-1.1-5
"Agency"
Status: in_force

Sec. 5. "Agency" has the meaning set forth in IC 4-22-2-3.

As added by P.L.145-2026, SEC.37.
Ind. Code § 8-20-1-11 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-11
Repealed
Status: repealed

Formerly: Acts 1905, c.167, s.11; Acts 1913, c.6, s.1. As amended by P.L.66-1984, SEC.117; P.L.86-1988, SEC.170. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-1-46-2 — Indiana Code / Title 8 / Article 1 / Chapter 46 / Section 8-1-46-2
"Commission"
Status: in_force

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

As added by P.L.36-2026, SEC.10.
Ind. Code § 8-15.7-14-7 — Indiana Code / Title 8 / Article 15.7 / Chapter 14 / Section 8-15.7-14-7
Agreement with state police concerning law enforcement
Status: in_force

Sec. 7. (a) The department shall enter into an agreement between and among the operator, the department, and the state police department concerning the provision of law enforcement assistance with respect to a qualifying project that is the subject of a public-private agreement under this article.

(b) The department may enter into arrangements with the state police department related to costs incurred in providing law enforcement assistance under this article.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-21-10-13 — Indiana Code / Title 8 / Article 21 / Chapter 10 / Section 8-21-10-13
Application of chapter to existing structures
Status: in_force

Sec. 13. This chapter does not apply to any structure that existed on April 1, 1957. Any permit that was issued by the department under IC 8-21-7 (before its repeal on September 1, 1983) shall be treated after August 31, 1983, as though it had been issued under this chapter.

As added by P.L.117-1983, SEC.1. Amended by P.L.3-1990, SEC.35.
Ind. Code § 8-18-20-19 — Indiana Code / Title 8 / Article 18 / Chapter 20 / Section 8-18-20-19
Salaries and expenses of trustees or directors
Status: in_force

Sec. 19. A trustee or director is not entitled to a salary but is entitled to reimbursement for expenses necessarily incurred in the performance of duties.

As added by P.L.386-1987(ss), SEC.20.
Ind. Code § 8-1.5-3-8.1 — Indiana Code / Title 8 / Article 1.5 / Chapter 3 / Section 8-1.5-3-8.1
Hearings; adoption of rates and charges; notice; contents
Status: in_force

Sec. 8.1. (a) As used in this section, "utility" refers to a municipally owned:

(1) water utility;

(2) wastewater utility; or

(3) combined water and wastewater utility;

that is not under the jurisdiction of the commission for the approval of rates and charges.

(b) As used in this section, "works" refers to water or wastewater utility works.

(c) After the introduction of the ordinance establishing the rates and charges under section 8 of this chapter, but before the ordinance is finally adopted, the municipal legislative body shall hold a public hearing at which users of the works, owners of property served or to be served by the works, and other interested persons may be heard concerning the proposed rates and charges. Notice of the hearing, setting forth the proposed schedule of rates and charges, shall be:

(1) published in accordance with IC 5-3-1 (IC 5-3-1-1 through IC 5-3-1-9);

(2) mailed to owners of vacant or unimproved property if the ordinance includes a fee for water or wastewater service to vacant or unimproved property; and

(3) mailed to users of the works for service to property located outside the municipality's corporate boundaries.

The notice may be mailed in any form so long as the notice of hearing is conspicuous. The hearing may be adjourned from time to time. Notice mailed under subdivision (3) must include a statement that, following adoption of the ordinance, the users described in subdivision (3) may be entitled to petition the commission under section 8.3 of this chapter to review and adjust the rates and charges imposed on the users if a petition under section 8.2 of this chapter or under IC 36-9-23-26.1 with respect to the same rate ordinance has not been filed.

(d) After the hearing, the municipal legislative body shall adopt the ordinance establishing the rates and charges, either as originally introduced or as modified. A copy of the schedule of rates and charges adopted shall be kept on file and available for public inspection in the offices of the board and the municipal clerk. An ordinance adopted after March 31, 2012, that imposes different rates and charges for service to property located outside the corporate boundaries of the municipality as compared to property located within the corporate boundaries of the municipality must state in plain language the percentage difference between the rates and charges.

(e) The rates and charges established for any class of users or property shall be extended to cover any additional property that is subsequently served and falls within the same class, without any hearing or notice.

(f) The municipal legislative body may change or readjust the rates and charges in the same manner as they were established.

(g) Rates and charges collected under this chapter are considered revenues of the utility.

As added by P.L.77-1991, SEC.1. Amended by P.L.139-2012, SEC.1.
Ind. Code § 8-1-22.6-13 — Indiana Code / Title 8 / Article 1 / Chapter 22.6 / Section 8-1-22.6-13
Information on commission's website; updating of information
Status: in_force

Sec. 13. (a) The division shall make the following available on the commission's website:

(1) A link to the guidelines adopted by the division.

(2) For each proposed or ongoing pipeline construction project in Indiana, the following information:

(A) A description of the pipeline company and the pipeline project, including:

(i) the pipeline's location, purpose, and construction schedule; and

(ii) the docket number assigned to the project by the Federal Energy Regulatory Commission.

(B) Contact information for the pipeline company, including a local or toll free telephone number.

(C) Contact information for the Federal Energy Regulatory Commission, including a local or toll free telephone number.

(D) Contact information for the one (1) or more project coordinators designated under section 12 of this chapter to receive and respond to questions and complaints from Indiana residents.

(E) Information on public hearings or meetings that are scheduled in connection with the pipeline project.

(F) Other information concerning the pipeline project that the division considers relevant or of likely concern to Indiana residents.

(b) The division shall update the information required under subsection (a)(1) whenever:

(1) one (1) or more guidelines adopted by the division are revised or superseded by the division; or

(2) one (1) or more new guidelines are adopted by the division.

(c) The division shall update the information required under subsection (a)(2) on a regular basis throughout the course of a pipeline project. The division shall ensure that all information on the division's website concerning a pipeline project is accurate, current, and accessible. The director of the division shall assign the responsibility of complying with this subsection to one (1) or more project coordinators designated under section 12 of this chapter.

As added by P.L.110-2007, SEC.1. Amended by P.L.1-2025, SEC.120.
Ind. Code § 8-17-1-39 — Indiana Code / Title 8 / Article 17 / Chapter 1 / Section 8-17-1-39
Construction materials in county highways, bridges, and culverts
Status: in_force

Sec. 39. No material may be used in the construction of a county highway, bridge, or culvert unless the material is equal to the material required and meets all tests and standards required by the department for the building of highways, bridges, or culverts by the department.

Formerly: Acts 1919, c.112, s.39. As amended by Acts 1980, P.L.74, SEC.301; P.L.86-1988, SEC.101; P.L.113-1989, SEC.5.
Ind. Code § 8-1-26.5-3 — Indiana Code / Title 8 / Article 1 / Chapter 26.5 / Section 8-1-26.5-3
"Communications service provider"
Status: in_force

Sec. 3. As used in this chapter, "communications service provider" has the meaning set forth in IC 8-1-32.5-4.

As added by P.L.93-2018, SEC.1.
Ind. Code § 8-23-7-14 — Indiana Code / Title 8 / Article 23 / Chapter 7 / Section 8-23-7-14
Sale of surplus property separated from abutting parcel; offer to abutting property owner
Status: in_force

Sec. 14. If a property found to be surplus under section 13 of this chapter abuts a parcel of land from which the surplus property was separated and acquired by the department, the surplus property must first be offered for sale to the owner of the abutting property. An offer under this section shall be made by certified mail to the last known address of the owner. If the owner accepts an offer under this section, the surplus property shall be conveyed to the owner by quitclaim deed upon payment to the department of not less than the fair market value of the property as determined by the appraisers of the department.

As added by P.L.18-1990, SEC.216.
Ind. Code § 8-4-10-8 — Indiana Code / Title 8 / Article 4 / Chapter 10 / Section 8-4-10-8
Construction across highways or roads; prohibition
Status: in_force

Sec. 8. It shall be lawful for any such person or persons, or company, or owner, or owners, or their lessees as referred to in section 1 of this chapter to construct such lateral railroad across public highways or roads. This chapter is to apply to all such lateral railroads and highway or road crossings presently planned, under construction, previously constructed, or to be constructed in the future. Said person, or persons, or company, or owner, or owners, or their lessees, shall comply with all laws or regulations of the State of Indiana, or any agency thereof, concerning the location, construction, or maintenance of such railroads or crossings of public highways or roads.

Formerly: Acts 1974, P.L.29, SEC.1. As amended by P.L.112-1995, SEC.1; P.L.86-2018, SEC.142.
Ind. Code § 8-1-30.3-2.5 — Indiana Code / Title 8 / Article 1 / Chapter 30.3 / Section 8-1-30.3-2.5
"Not-for-profit utility"
Status: in_force

Sec. 2.5. As used in this chapter, "not-for-profit utility" has the meaning set forth in IC 8-1-2-125(a). The term includes a utility company owned, operated, or held in trust by a consolidated city.

As added by P.L.98-2016, SEC.2.
Ind. Code § 8-4-2-6 — Indiana Code / Title 8 / Article 4 / Chapter 2 / Section 8-4-2-6
Stock without par value; payment in full
Status: in_force

Sec. 6. Any such company authorized by its articles of association or consolidation to have shares of capital stock without par value, may from time to time, issue and sell or otherwise dispose of any such shares for such consideration as may be provided for in said articles, or as may be fixed by the board of directors, pursuant to authority conferred by said articles. When the consideration for which any such shares was authorized to be issued shall have been received by the company, such share shall be deemed to be fully paid and nonassessable.

Formerly: Acts 1933, c.101, s.5.
Ind. Code § 8-2.1-22-27.5 — Indiana Code / Title 8 / Article 2.1 / Chapter 22 / Section 8-2.1-22-27.5
Brokerage license requirements
Status: in_force

Sec. 27.5. (a) A person may not engage in any of the following activities unless the person has obtained a brokerage license from the department:

(1) Sell or offer for sale transportation subject to this chapter for compensation.

(2) Make any contract, agreement, or arrangement to provide, procure, furnish, or arrange for the transportation of passengers.

(3) Profess by advertisement, solicitation, or otherwise as one who sells, provides, procures, contracts, or arranges for the transportation of passengers.

In the execution of any contract, agreement, or arrangement to sell, provide, procure, furnish, or arrange for the transportation of passengers, a person may not employ any common or contract carrier who is not the lawful holder of an effective certificate issued as provided in this chapter.

(b) A person is not required to obtain a brokerage license from the department if the person holds a certificate under this chapter, or if the person is an employee or agent of the motor carrier, when that person furnishes transportation wholly by the carrier or jointly with other motor carriers holding like certificates.

(c) To apply for a brokerage license, a person must submit the following to the department:

(1) A completed application form prescribed by the department.

(2) A certificate of existence from the secretary of state.

(3) A surety bond.

(d) In determining whether a brokerage license shall be issued, the department may, among other things, consider the following:

(1) Whether the person has any tax liabilities and has filed all appropriate tax returns with the department.

(2) Whether the person is up to date on all unified carrier registration payments.

(3) Whether the person is properly insured.

(e) The department and its special agents and examiners have the same authority as to accounts, reports, and records, including inspection and preservation of the accounts, reports, and records of any person holding a brokerage license issued under this section, that the department and the department's special agents and examiners have under this chapter with respect to motor carriers subject to this chapter.

(f) The department shall charge an application fee under section 40 of this chapter.

(g) A person who violates this section commits a Class C infraction.

(h) A person that has been issued a brokerage license must renew the license with the department on an annual basis. The department shall charge an annual renewal fee.

As added by P.L.205-2025, SEC.41. Amended by P.L.23-2026, SEC.55.
Ind. Code § 8-1-2.2-11 — Indiana Code / Title 8 / Article 1 / Chapter 2.2 / Section 8-1-2.2-11
Issuance of bonds
Status: in_force

Sec. 11. Issuance of Bonds. (a) Each municipality or joint agency is hereby authorized to issue at one (1) time, or from time to time, its bonds for the purpose of paying all or any part of the cost of any of the purposes authorized by this chapter including, without limitation, the funding or refunding of the principal, interest or other obligation on any bonds issued by the municipality or joint agency whether or not such bonds to be funded or refunded have or have not become due, the establishment or increase of reserves to secure or to pay such bonds, the provision of working capital and the payment of all other costs or expenses incident to and necessary or convenient to carry out the purposes and powers authorized by this chapter. The principal of, premium, if any, and the interest on these bonds shall be payable solely from the revenues and other available funds of the issuer pledged or specified for their payment in accordance with this chapter. The bonds of each issue shall bear interest at a rate or rates determined by the issuer and shall not be subject to any other law of this state limiting the same. The bonds of each issue shall be dated and shall mature in amounts and at a time or times, not exceeding fifty (50) years from their respective date or dates, as may be determined by the governing body of the issuer. The bonds of each issue may be made redeemable before maturity at a price or prices, and under terms and conditions, as may be fixed by the governing body of the issuer prior to issuance of the bonds. The governing body of the issuer shall determine the form and manner of execution of the bonds, including any interest coupons to be attached, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest, which may be at any bank or trust company within or without the state, provided that at least one (1) place of payment is within the state. In case any officer whose signature, or a facsimile of whose signature, appears on any bonds or coupons shall cease to hold that office before the delivery of his bond, that signature or facsimile shall nevertheless be valid and sufficient for all purposes as if he had remained in office until delivery. The governing body of the issuer may also provide for the authentication of the bonds by a trustee or fiscal agent. The bonds may be issued in coupon or in fully registered form, or both, as the governing body of the issuer may determine, and provisions may be made for the registration of any coupon bonds as to principal alone and also as to both principal and interest, and for the reconversion into coupon bonds of any bonds registered as to both principal and interest, and for the interchange of registered and coupon bonds. The bonds of each issue, issued by a joint agency, shall be sold either by public or negotiated sale at such price as may be determined by the joint agency.

(b) The proceeds of the bonds of each issue shall be used solely for the purposes for which such bonds have been issued, and shall be disbursed in such manner and under such restrictions, if any, as the governing body of the issuer may provide in the resolution authorizing the issuance of those bonds or in any trust agreement securing the bonds. The municipality or joint agency may issue interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when those bonds have been executed and are available for delivery. The municipality or joint agency may also provide for replacement of any bonds which have become mutilated, destroyed, or lost.

(c) Except as provided in section 19 of this chapter, bonds may be issued under the provisions of this chapter without obtaining the consent of the state or of any political subdivision, or of any agency, commission or instrumentality of either of them, and without any other approvals, proceedings or the happening of any conditions or things other than those approvals, proceedings, conditions or things specifically required by this chapter, and provisions of the resolution authorizing the issuance of the bonds or the trust agreement securing them.

As added by Acts 1980, P.L.68, SEC.1.
Ind. Code § 8-17-1-33 — Indiana Code / Title 8 / Article 17 / Chapter 1 / Section 8-17-1-33
Repealed
Status: repealed

Formerly: Acts 1919, c.112, s.34. As amended by P.L.66-1984, SEC.90. Repealed by P.L.86-1988, SEC.227.
Ind. Code § 8-1.5-2-24 — Indiana Code / Title 8 / Article 1.5 / Chapter 2 / Section 8-1.5-2-24
Revenue bonds; money set aside for payment of interest and principal
Status: in_force

Sec. 24. (a) The board of a municipally owned utility, as defined by IC 8-1.5-3-2, shall, at least semiannually, set aside from the net earnings a sufficient amount to pay the interest and principal, as they become due, on revenue bonds issued in payment for the utility or for its improvement. This money may not be used for any other purpose.

(b) The commission shall approve the amount set aside for the payment of the interest and principal when the commission approves the rates and charges of the municipality.

As added by Acts 1982, P.L.74, SEC.1.
Ind. Code § 8-9-12-1 — Indiana Code / Title 8 / Article 9 / Chapter 12 / Section 8-9-12-1
Applicability of chapter
Status: in_force

Sec. 1. This chapter does not apply to a Class II or Class III railroad as established by the Interstate Commerce Commission.

As added by P.L.21-2001, SEC.1.
Ind. Code § 8-25-4-8 — Indiana Code / Title 8 / Article 25 / Chapter 4 / Section 8-25-4-8
Services must be provided throughout an eligible county
Status: in_force

Sec. 8. If a transportation project is approved in an eligible county, transportation services must be provided through the transportation project throughout the eligible county and must be made available under this article to all citizens of the county.

As added by P.L.153-2014, SEC.17.
Ind. Code § 8-1.5-1-9 — Indiana Code / Title 8 / Article 1.5 / Chapter 1 / Section 8-1.5-1-9
"Person"
Status: in_force

Sec. 9. "Person" means individual, firm, corporation, partnership, limited liability company, trustee, lessee, or receiver.

As added by Acts 1982, P.L.74, SEC.1. Amended by P.L.8-1993, SEC.132.
Ind. Code § 8-1-2-75 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-75
Orders of commission; distribution of copies
Status: in_force

Sec. 75. Upon application of any person, the commission shall furnish certified copies, under the seal of the commission, of any order made by it, which shall be prima facie evidence of the facts stated in the order.

Formerly: Acts 1913, c.76, s.87. As amended by P.L.136-2018, SEC.46.
Ind. Code § 8-20-1-25 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-25
Repealed
Status: repealed

Formerly: Acts 1905, c.167, s.33; Acts 1911, c.90, s.2. As amended by P.L.66-1984, SEC.119. Repealed by P.L.86-1988, SEC.227.
Ind. Code § 8-1-40.5-11 — Indiana Code / Title 8 / Article 1 / Chapter 40.5 / Section 8-1-40.5-11
Securitization property
Status: in_force

Sec. 11. (a) Securitization property consists of the rights and interests of an electric utility, or its successor, under a financing order, including the following:

(1) The right to impose, collect, and receive securitization charges, as authorized under the financing order, in an amount necessary to provide for the full recovery of all qualified costs.

(2) The right under the financing order to obtain periodic adjustments of securitization charges under section 12(c) of this chapter.

(3) All revenue, collections, payments, money, and proceeds arising out of the rights and interests described in this section.

(b) Securitization property constitutes a present property right for purposes of contracts concerning the sale or pledge of property, even if the imposition and collection of securitization charges depend on further acts of the electric utility or others that have not yet occurred. The securitization property continues to exist, and the financing order under which the securitization property arises remains in effect, for the same period as the pledge of the state under section 16(b) of this chapter.

(c) All revenues and collections resulting from securitization charges constitute proceeds of only the securitization property arising from the financing order.

As added by P.L.80-2021, SEC.1.
Ind. Code § 8-22-2-16 — Indiana Code / Title 8 / Article 22 / Chapter 2 / Section 8-22-2-16
Transfer of funds to general fund of entity
Status: in_force

Sec. 16. Whenever the board of an eligible entity accumulates funds that are derived from sources other than from the operation of the airport and that are not needed for the operation or maintenance of the airport, the board, upon a majority vote of its members, may without notice transfer all or part of the funds to the general fund of the entity if the funds were not derived from taxation. This section does not apply to funds derived from lands leased from the federal government.

[Pre-Local Government Recodification Citation: 19-6-1-18.]

As added by Acts 1980, P.L.8, SEC.73.
Ind. Code § 8-5-15-11 — Indiana Code / Title 8 / Article 5 / Chapter 15 / Section 8-5-15-11
Proceeds of bonds; issuance of interim receipts or temporary bonds; mutilated, destroyed, or lost bonds
Status: in_force

Sec. 11. (a) The proceeds of the bonds of each issue:

(1) shall be used solely for the payment of the cost of the railroad project for which the bonds have been issued; and

(2) shall be disbursed in such manner and under such restrictions, if any, as the board may provide in the resolution authorizing the issuance of the bonds or in the trust agreement securing the same.

(b) If the proceeds of the bonds of any issue, by error of estimates or otherwise, are less than the cost of the railroad project for which they have been issued, additional bonds may in like manner be issued to provide the amount of the deficit, and, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust agreement securing the bonds, the additional bonds shall be considered to be of the same issue and entitled to payment from that same fund without preference or priority of the bonds first issued.

(c) If the proceeds of the bonds of any issue exceed the cost of the railroad project for which they have been issued, the surplus shall be deposited to the credit of the sinking fund for those bonds.

(d) Before the preparation of definitive bonds, the board may, under like restrictions, issue interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when the bonds have been executed and are available for delivery. The board may also provide for the replacement of any bonds that are mutilated, destroyed, or lost.

As added by P.L.64-1984, SEC.7.
Ind. Code § 8-1-32.5-3 — Indiana Code / Title 8 / Article 1 / Chapter 32.5 / Section 8-1-32.5-3
"Communications service"
Status: in_force

Sec. 3. (a) As used in this chapter, "communications service" refers to any of the following:

(1) Telecommunications service (as defined in 47 U.S.C. 153).

(2) Information service (as defined in 47 U.S.C. 153).

(b) The term includes:

(1) video service (as defined in IC 8-1-34-14);

(2) broadband service;

(3) advanced services (as defined in 47 CFR 51.5); and

(4) Internet Protocol enabled services;

however classified by the Federal Communications Commission.

As added by P.L.27-2006, SEC.55. Amended by P.L.7-2015, SEC.12.
Ind. Code § 8-23-1.1-45 — Indiana Code / Title 8 / Article 23 / Chapter 1.1 / Section 8-23-1.1-45
"Urban area"
Status: in_force

Sec. 45. "Urban area" means:

(1) an urbanized area designated by the Bureau of the Census;

(2) if an urbanized area lies within more than one (1) state, the part of the area that lies within the boundaries of Indiana; or

(3) an urban place designated by the Bureau of the Census having a population of at least five thousand (5,000) that is not within an urbanized area and is within boundaries cooperatively established by the department and local officials.

As added by P.L.145-2026, SEC.37.
Ind. Code § 8-3-1.7-4 — Indiana Code / Title 8 / Article 3 / Chapter 1.7 / Section 8-3-1.7-4
Application; approval; criteria; service of loan
Status: in_force

Sec. 4. Any railroad may apply for a loan from the industrial rail service fund for the purpose of providing railroad transportation service in Indiana. The application shall be submitted to the Indiana department of transportation. The department shall make the final decision as to whether or not to approve an application. In determining if a loan should be made to a railroad, the department shall consider the following criteria:

(1) The importance of the railroad transportation services that the loan would affect, in the broad perspective of Indiana's overall transportation network.

(2) The impact of a decision to not provide a loan on economic activity and employment in Indiana.

(3) The long term viability of the proposed project as demonstrated by the following:

(A) The long term prospect for the affected industries.

(B) The soundness of the proposed business plan including an analysis of the economic impact of the proposed fee structure on affected rail users.

(C) The management of the proposed rail line.

(D) The active involvement of affected rail users in the development of the proposed business plan.

Once an application is approved, the state comptroller shall service the loan.

As added by Acts 1982, P.L.51, SEC.2. Amended by P.L.84-1988, SEC.4; P.L.18-1990, SEC.39; P.L.9-2024, SEC.284.
Ind. Code § 8-1-31.7-13 — Indiana Code / Title 8 / Article 1 / Chapter 31.7 / Section 8-1-31.7-13
Pretax return for public utility; factors for commission's consideration
Status: in_force

Sec. 13. In determining an appropriate pretax return for a public utility, the commission may consider the following factors:

(1) The current state and federal income tax rates.

(2) The eligible utility's actual regulatory capital structure.

(3) The actual cost rates for the eligible utility's long term debt and preferred stock.

(4) The eligible utility's cost of common equity.

(5) Other components that the commission considers appropriate.

As added by P.L.137-2020, SEC.15.
Ind. Code § 8-15.5-12-1 — Indiana Code / Title 8 / Article 15.5 / Chapter 12 / Section 8-15.5-12-1
Impairment of public-private agreement by political subdivision prohibited
Status: in_force

Sec. 1. A political subdivision (as defined in IC 36-1-2-13) may not take any action that would have the effect of impairing a public-private agreement under this article.

As added by P.L.47-2006, SEC.39.
Ind. Code § 8-9.5-8-10 — Indiana Code / Title 8 / Article 9.5 / Chapter 8 / Section 8-9.5-8-10
Toll road or toll bridge bonds authorized; limitations
Status: in_force

Sec. 10. (a) Except as provided in section 11 of this chapter, the authority may issue toll road bonds under IC 8-15-2 or toll bridge bonds under IC 8-16-1 only:

(1) after obtaining the approval of the commissioner of the Indiana department of transportation;

(2) after the general assembly has, based on the recommendations of the commissioner of the Indiana department of transportation, provided for the issuance of the bonds by establishing in an act the maximum aggregate principal amount of bonds that the authority may issue;

(3) after the authority has delivered to the budget agency a written guarantee that the aggregate amount of attorney's fees for the particular proposed bond issue will not exceed two-tenths of one percent (0.2%) of the principal amount of the proposed issue of toll road and toll bridge bonds; and

(4) with the approval of the budget committee, the budget agency, and the governor.

(b) The authority may include money from the rural transportation road fund as a source of revenue in the performance of contracts and leases with the Indiana department of transportation under IC 8-23-2-6(a)(3). Revenues from that allocation may be used in the determination of the feasibility of a toll road or toll bridge project.

As added by P.L.109-1983, SEC.3. Amended by P.L.386-1987(ss), SEC.2; P.L.112-1989, SEC.3.
Ind. Code § 8-1-30.3-5 — Indiana Code / Title 8 / Article 1 / Chapter 30.3 / Section 8-1-30.3-5
Acquisition of offered utility; presumption of reasonableness of cost differential; inclusion of cost differential in acquiring utility's rate base; notice to customers of acquiring utility; final order; net original cost of assets
Status: in_force

Sec. 5. (a) Except as provided in section 6.6 of this chapter, this section applies if:

(1) a utility company acquires property from an offered utility in a transaction involving a willing buyer and a willing seller; and

(2) at least one (1) utility company described in subdivision (1) is subject to the jurisdiction of the commission under this article.

(b) Subject to subsection (c), there is a rebuttable presumption that a cost differential is reasonable.

(c) If the acquisition:

(1) is made under IC 8-1.5-2-6.1, and to the extent the purchase price does not exceed the appraised value as determined under IC 8-1.5-2-5; or

(2) is not made under IC 8-1.5-2-6.1, and to the extent the purchase price does not exceed the appraised value as determined under section 5.5 of this chapter;

the purchase price is considered reasonable for purposes of subsection (d) and any resulting cost differential is considered reasonable.

(d) Before closing on the acquisition, the utility company that acquires the utility property may petition the commission to include any cost differential as part of its rate base in future rate cases. The commission shall approve the petition if the commission finds the following:

(1) The utility property is used and useful to the offered utility in providing water service, wastewater service, or both water and wastewater service.

(2) The offered utility is too small to capture economies of scale or has failed to furnish or maintain adequate, efficient, safe, and reasonable service and facilities.

(3) The utility company will improve economies of scale or, if otherwise needed, make reasonable and prudent improvements to the offered utility's plant, the offered utility's operations, or both, so that customers of the offered utility will receive adequate, efficient, safe, and reasonable service.

(4) The acquisition of the utility property is the result of a mutual agreement made at arms length.

(5) The actual purchase price of the utility property is reasonable.

(6) The utility company and the offered utility are not affiliated and share no ownership interests.

(7) The rates charged by the utility company will not increase unreasonably in future general rate cases solely as a result of acquiring the utility property from the offered utility. For purposes of this subdivision, the rates and charges will not increase unreasonably in future general rate cases so long as the net original cost proposed to be recorded under subsection (f) is not greater than two percent (2%) of the acquiring utility's net original cost rate base as determined in the acquiring utility's most recent general rate case, plus any adjustments to the rate base under IC 8-1-31 and IC 8-1-31.7 that have occurred after the rate case. If the amount proposed to be recorded under subsection (f) is greater than two percent (2%) of the acquiring utility's net original cost rate base as determined in the acquiring utility's most recent general rate case, plus any adjustments to the rate base under IC 8-1-31 and IC 8-1-31.7 that have occurred after the rate case, the commission shall proceed to determine whether the rates charged by the utility company will increase unreasonably in future general rate cases solely as a result of acquiring the utility property from the offered utility and, in making the determination, may consider evidence of:

(A) the anticipated dollar value increase; and

(B) the increase as a percentage of the average bill.

(8) The cost differential will be added to the utility company's rate base to be amortized as an addition to expense over a reasonable time with corresponding reductions in the rate base.

(e) In connection with its petition under subsection (d), the acquiring utility company shall provide the following:

(1) Notice to customers of the acquiring utility company that a petition has been filed with the commission under this chapter. The notice provided under this subdivision must include the cause number assigned to the petition. Notice under this subdivision may be provided to customers in a billing insert.

(2) Notice to the office of the utility consumer counselor.

(3) A statement of known infrastructure, environmental, or other issues affecting the offered utility, and the process for determining reasonable and prudent improvements upon completing the acquisition.

(f) In a proceeding under subsection (d), the commission shall issue its final order not later than two hundred ten (210) days after the filing of the petitioner's case in chief. If the commission grants the petition, the commission's order shall authorize the acquiring utility company to make accounting entries recording the acquisition and that reflect:

(1) the full purchase price;

(2) incidental expenses; and

(3) other costs of acquisition;

as the net original cost of the utility plant in service assets being acquired, allocated in a reasonable manner among appropriate utility plant in service accounts.

As added by P.L.189-2015, SEC.1. Amended by P.L.98-2016, SEC.4; P.L.64-2018, SEC.1; P.L.229-2019, SEC.5; P.L.160-2020, SEC.5; P.L.61-2022, SEC.3; P.L.34-2024, SEC.1.
Ind. Code § 8-1-2-4 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-4
Services to public; rates and charges
Status: in_force

Sec. 4. Every public utility is required to furnish reasonably adequate service and facilities. The charge made by any public utility for any service rendered or to be rendered either directly or in connection therewith shall be reasonable and just, and every unjust or unreasonable charge for such service is prohibited and declared unlawful. The commission, in order to expedite the determination of rate questions, or to avoid unnecessary and unreasonable expense, or to avoid discrimination in rates between classes of customers, or, whenever in the judgment of the commission public interest so requires, may, for ratemaking and accounting purposes, or either of them, consider a single municipality and/or two (2) or more municipalities and/or the adjacent and/or intervening rural territory as a regional unit where the same utility serves such region, and may within such region prescribe uniform rates for consumers or patrons of the same class. Nothing in this chapter contained shall authorize any public utility during the remainder of the term of any grant or franchise under which it may be acting on May 1, 1913, to charge for any service, in such grant or franchise contracted, exceeding the maximum rate or rates therefor, if any, that may be fixed in such grant or franchise.

Formerly: Acts 1913, c.76, s.7; Acts 1933, c.190, s.2. As amended by P.L.59-1984, SEC.10.