Ind. Code § 8-14.5-5-3 — Indiana Code / Title 8 / Article 14.5 / Chapter 5 / Section 8-14.5-5-3
Mandatory lease provisions
Status: in_force

Sec. 3. (a) A lease entered into under this section must include the following:

(1) The term of the lease, which may not exceed weighted average useful life of the project or projects.

(2) A provision plainly stating that the lease does not constitute an indebtedness of the state within the meaning or application of any constitutional provision or limitation, and that lease rentals are payable by the department solely for the annual use or availability for use of projects provided by the authority, with payment commencing no earlier than the time the use or availability commences.

(3) Provisions requiring the department to pay rent at times and in amounts sufficient to pay in full the following:

(A) The debt service payable under the terms of any bonds or notes issued by the authority and outstanding with respect to any project, including any required additions to reserves for the bonds or notes maintained by the authority.

(B) Additional rent as provided by the lease.

(4) Provisions requiring the department to operate and maintain the project or projects during the term of the lease.

(5) A provision in each master lease for two (2) or more projects requiring that each project added to the master lease shall be covered by a supplemental lease describing the particular project, stating the additional rental payable and providing that all lease covenants, including the obligation to pay the original and additional rent under any supplement, shall be unitary and include all projects covered, whether by the master lease or a supplemental lease.

(b) A lease entered into under this section may contain other terms and conditions that the authority and the department consider appropriate.

As added by P.L.68-1988, SEC.12.
Ind. Code § 8-14-15.1-5.5 — Indiana Code / Title 8 / Article 14 / Chapter 15.1 / Section 8-14-15.1-5.5
Transfer of title to proceeds in excess of $250,000,000; immunity from civil liability in connection with transfer
Status: in_force

Sec. 5.5. (a) Notwithstanding any law to the contrary, the treasurer of state shall transfer title to any proceeds in excess of two hundred fifty million dollars ($250,000,000) held in the trust fund to the next generation trust fund established under IC 8-14-15.2.

(b) The officers, directors, and employees of the authority and the treasurer of state (whether arising from the capacities of the position or from having entered in any trust agreement under this chapter) are immune from civil liability in connection with any transfer to the next generation trust fund under this section.

As added by P.L.189-2018, SEC.77.
Ind. Code § 8-4.5-6-4 — Indiana Code / Title 8 / Article 4.5 / Chapter 6 / Section 8-4.5-6-4
Ordinances for authorization and regulation
Status: in_force

Sec. 4. (a) After the responsible party completes the filings required by section 3 of this chapter:

(1) if the entire recreational trail is intended to be located within a municipality, the legislative body of the municipality may adopt an ordinance authorizing the recreational trail within the municipality; or

(2) if subdivision (1) does not apply, the legislative body of each county in which the recreational trail is intended to be located may adopt an ordinance authorizing the recreational trail within the county.

(b) A recreational trail is not authorized until both of the following occur:

(1) One (1) of the following applies:

(A) If the entire recreational trail is intended to be located in a municipality, the legislative body of the municipality adopts an ordinance under subsection (a)(1).

(B) If clause (A) does not apply, the legislative body of each county in which the recreational trail will be located adopts an ordinance under subsection (a)(2).

(2) The department of natural resources approves establishment of the recreational trail.

(c) The legislative body of a municipality or a county may adopt ordinances to regulate the use or operation of the recreational trail.

(d) The department of natural resources may do the following:

(1) Amend the approval given under subsection (b) to regulate the use or operation of the recreational trail.

(2) Authorize a county or a municipality to repeal an ordinance adopted under subsection (b) to revoke authorization of the recreational trail if the responsible party substantially breaches the trail operation agreement.

As added by P.L.40-1995, SEC.3.
Ind. Code § 8-1-3-5 — Indiana Code / Title 8 / Article 1 / Chapter 3 / Section 8-1-3-5
Service of papers
Status: in_force

Sec. 5. A copy of any assignment of errors or of cross-errors filed in the court of appeals shall be served by mail, on or before the date of such filing, upon all parties or their attorneys of record as shown by the commission record filed. Copies of briefs shall be served, by mail, upon only the attorney general and those parties or their attorneys of record who have filed an appearance or assignment of errors with the clerk of the supreme court.

Formerly: Acts 1957, c.189, s.5. As amended by P.L.3-1989, SEC.53.
Ind. Code § 8-17-1-30 — Indiana Code / Title 8 / Article 17 / Chapter 1 / Section 8-17-1-30
Repealed
Status: repealed

Formerly: Acts 1919, c.112, s.31. As amended by P.L.66-1984, SEC.88; P.L.17-1985, SEC.9; P.L.86-1988, SEC.93. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-2.1-24-25 — Indiana Code / Title 8 / Article 2.1 / Chapter 24 / Section 8-2.1-24-25
Impoundment of vehicles and cargo; release
Status: in_force

Sec. 25. (a) The department or the state police department may impound a motor vehicle operated for hire if:

(1) the motor carrier of property has not obtained the required certification from the department; and

(2) the vehicle is being operated on an Indiana highway.

(b) To obtain possession of a motor vehicle impounded under subsection (a), the motor carrier that operates the motor vehicle must either:

(1) obtain the required certification from the department; or

(2) remove from the vehicle all cargo for which the required certification has not been obtained.

(c) If the motor carrier that operates a motor vehicle impounded under subsection (a) is not the owner of the vehicle, the department or the state police department shall release the motor vehicle to the owner unless the owner was aware that the motor vehicle was being operated without the required certification.

(d) Cargo held in a motor vehicle impounded under subsection (a) must be released if the cargo is loaded into a motor vehicle operated in compliance with this chapter.

As added by P.L.110-1995, SEC.29.
Ind. Code § 8-22-3-17 — Indiana Code / Title 8 / Article 22 / Chapter 3 / Section 8-22-3-17
Special tax levy; collection; bonds exempt from taxation
Status: in_force

Sec. 17. (a) For the purpose of raising money to pay all bonds issued under section 16 of this chapter and any interest on them, the principal of and interest on any outstanding bonds or obligations payable from taxes and assumed under section 33 of this chapter, and leases entered into under IC 8-22-3.6 that are payable in whole or in part from a property tax levy, the board shall levy each year a special tax upon all of the property, both real and personal, located within the district in a manner and in an amount to meet and pay the principal of the bonds as they severally mature, together with all interest accruing on them, and to pay lease rentals as they become due, after taking into account all other revenues pledged to the payment of the bonds or lease rentals.

(b) The board shall file the tax levied each year with the county auditor of the county in which the district is located under IC 6-1.1-17.

(c) The tax levied shall be collected and enforced by the treasurer of the county under IC 6-1.1, and as the tax is collected by the treasurer of the county it shall be paid over to the treasurer of the authority. The treasurer shall accumulate and keep the tax in a separate fund to be known as the "airport authority bond fund", which shall be applied to the payment of the bonds and the interest on them as they severally mature and to the payment of lease rentals and to no other purposes.

(d) The bonds issued under this chapter and the interest on them are exempt from taxation for all purposes except the financial institutions tax imposed under IC 6-5.5.

[Pre-Local Government Recodification Citations: 19-6-2-19; 19-6-3-21 part; 19-6-3.5-21.]

As added by Acts 1980, P.L.8, SEC.73. Amended by Acts 1980, P.L.79, SEC.4; P.L.21-1990, SEC.42; P.L.108-1993, SEC.1; P.L.254-1997(ss), SEC.16; P.L.79-2017, SEC.57.
Ind. Code § 8-25-3-5 — Indiana Code / Title 8 / Article 25 / Chapter 3 / Section 8-25-3-5
Repealed
Status: repealed

As added by P.L.153-2014, SEC.17. Repealed by P.L.197-2016, SEC.93.
Ind. Code § 8-23-19-2 — Indiana Code / Title 8 / Article 23 / Chapter 19 / Section 8-23-19-2
Deposit of federal advances
Status: in_force

Sec. 2. Advances made by the federal highway administration to this state to enable the department to make payments for acquisitions of rights-of-way and for construction as it progresses shall be deposited in the revolving fund by the state official authorized by Indiana law to receive federal-aid highway funds.

As added by P.L.18-1990, SEC.228.
Ind. Code § 8-1.5-3-5 — Indiana Code / Title 8 / Article 1.5 / Chapter 3 / Section 8-1.5-3-5
Superintendent; powers and duties; compensation; bond; removal
Status: in_force

Sec. 5. (a) The superintendent of each utility shall:

(1) appoint, supervise, and dismiss all employees of the utility;

(2) employ unskilled labor when needed, without competitive examination;

(3) investigate all claims against the utility;

(4) oversee the operation of the utility and any construction work, repairs, or alterations to the system; and

(5) advise the board in all matters that will bring about an efficient and economical operation and maintenance of the utility.

(b) The superintendent is entitled to the compensation for his services that is determined by resolution of the board.

(c) The superintendent shall give bond in a sum not less than double the estimated amount of money that may be in his hands at any time. The bond shall be conditioned upon the faithful discharge of his duties and the payment to the proper person of all money in his hands. The bond is subject to the approval of the executive of the municipality.

(d) The superintendent may be removed by the board for cause at any time after notice and a hearing.

As added by Acts 1982, P.L.74, SEC.1.
Ind. Code § 8-21-9-9 — Indiana Code / Title 8 / Article 21 / Chapter 9 / Section 8-21-9-9
Repealed
Status: repealed

Formerly: Acts 1971, P.L.105, SEC.2. Repealed by Acts 1980, P.L.74, SEC.434.
Ind. Code § 8-15.7-5-3 — Indiana Code / Title 8 / Article 15.7 / Chapter 5 / Section 8-15.7-5-3
Grants or loans for qualifying project
Status: in_force

Sec. 3. In the public-private agreement, the department may agree to make grants or loans for the development or operation, or both, of the qualifying project from amounts received from the federal government, any agency or instrumentality of the federal government, or any state or local agency.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-23-17-22 — Indiana Code / Title 8 / Article 23 / Chapter 17 / Section 8-23-17-22
Service contracts; use of other agencies
Status: in_force

Sec. 22. (a) To prevent unnecessary expense and duplication of functions, and to promote uniform and effective administration of relocation assistance programs for displaced persons under this chapter, an agency required by this chapter to make relocation payments to displaced persons or to establish relocation assistance advisory programs may enter into contract with an individual, firm, limited liability company, or corporation for services in connection with the programs, or may carry out its functions under this chapter through any federal, state, or local governmental agency or instrumentality having an established organization for conducting relocation assistance programs. The contract may delegate authority to make a determination required to be made by the agency head with respect to eligibility for an amount of relocation assistance payments, availability of adequate replacement dwellings, or other matters required to be determined under this chapter, subject to review of determinations by the agency head and as provided in section 33 of this chapter.

(b) An agency acquiring property or displacing persons within a city or county that has established a governmental agency to provide relocation assistance to persons displaced from dwellings or businesses, whether or not the acquiring or enforcing agency is engaged in a program using federal financial assistance, may use the services and facilities of the county or city relocation agency in performing its obligations and in making the determinations required under this chapter to the maximum feasible extent permitted by applicable federal law or regulations.

As added by P.L.18-1990, SEC.226. Amended by P.L.8-1993, SEC.164.
Ind. Code § 8-21-11-5.5 — Indiana Code / Title 8 / Article 21 / Chapter 11 / Section 8-21-11-5.5
Eligibility of projects
Status: in_force

Sec. 5.5. (a) The program described in section 5 of this chapter is designed to optimize the use of the grant fund. The primary goals of the allocation program are to:

(1) further the proper development and maintenance of a statewide system of airports;

(2) further economic development; and

(3) provide safety of aircraft operations.

(b) This program requires the project to do the following:

(1) Be for the establishment or improvement of a public use airport.

(2) Be included in the Indiana airports system plan, as provided in IC 8-21-1-8.

(3) Be located on a site approved by the department.

(4) Follow an airport layout plan approved by the department.

(5) Meet the general design criteria of the Federal Aviation Administration Advisory Circulars.

However, subdivisions (1) through (5) are examples and guidelines and may be waived by the department, where, in the judgment of the department, the public interest is best served by allowing less stringent criteria.

(c) Engineering agreements for work to be financed in part by the grant fund must be reviewed for approval by the department.

(d) Airport development items that are eligible for funding include the following:

(1) Land acquisition for development of airport facilities.

(2) Engineering and legal fees for airport planning and development.

(3) Grading, drainage, paving, and miscellaneous items necessary for the construction or reconstruction of runways, taxiways, and aprons.

(4) Acquisition of runway clear zones and aviation easements, or other interests in air space as may be reasonably required for safeguarding aircraft operations in the vicinity of an airport.

(5) Removal of obstructions from approach areas.

(6) Installation or relocation of any of the following:

(A) Segmented circles.

(B) Runway, apron, and taxiway lights.

(C) Taxiway guidance signs.

(D) Obstruction lights.

(E) Security flood lights.

(F) Airport beacons.

(G) Wind and landing direction indicators.

(H) Auxiliary power units.

(I) REILs (Runway End Identification Lights) and visual glideslope indicator systems.

(7) Grading, drainage, paving, and miscellaneous items necessary for the construction or reconstruction of airport access roads and public auto parking areas.

(8) Construction of airport safety facilities, security fencing, acquisition of aircraft rescue and firefighting (ARFF) vehicles, and snow removal equipment.

(9) Installation of instrument landing systems, approach lighting systems, and other approach aids.

(10) Development of master planning grants.

(11) Airport operational buildings. However, additional building projects will not be eligible until the eighth fiscal year after the completion of the previous building project.

(12) Terminal buildings, fuel farms, and hangars.

(13) Other items approved by the department, where, in the judgment of the department, the public interest is best served.

As added by P.L.123-2023, SEC.2.
Ind. Code § 8-21-9-1 — Indiana Code / Title 8 / Article 21 / Chapter 9 / Section 8-21-9-1
Repealed
Status: repealed

Formerly: Acts 1971, P.L.105, SEC.2. Repealed by Acts 1980, P.L.74, SEC.434.
Ind. Code § 8-1.5-4-6 — Indiana Code / Title 8 / Article 1.5 / Chapter 4 / Section 8-1.5-4-6
Authority to set aside revenues for operation and maintenance, a depreciation account, and payment of bonds
Status: in_force

Sec. 6. The board may fix and set aside:

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

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

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

As added by Acts 1982, P.L.74, SEC.1.
Ind. Code § 8-3-17-8 — Indiana Code / Title 8 / Article 3 / Chapter 17 / Section 8-3-17-8
Termination of powers
Status: in_force

Sec. 8. When a company no longer requires the services of a policeman, it shall file a notice to that effect, under its corporate seal, with the clerk of the circuit court of the county where the commission of that policeman is recorded, which shall be noted by the clerk of the circuit court upon the margin of the record where the commission is recorded. The company shall also file notice with the Indiana department of transportation. Thereupon, the powers of that policeman terminate.

Formerly: Acts 1927, c.18, s.8; Acts 1975, P.L.80, SEC.5. As amended by P.L.384-1987(ss), SEC.46; P.L.18-1990, SEC.54.
Ind. Code § 8-2.1-22-2.1 — Indiana Code / Title 8 / Article 2.1 / Chapter 22 / Section 8-2.1-22-2.1
Exemptions
Status: in_force

Sec. 2.1. (a) This chapter does not apply to the following:

(1) Motor vehicles used as school buses while engaged in the transportation of students, under the supervision, control, and direction of school authorities.

(2) Motor vehicles used exclusively as taxicabs.

(3) Motor vehicles while being used or operated under the control, direction, and supervision of:

(A) the United States government, the state, or a political subdivision; or

(B) the board of trustees of any state institution.

(4) Motor vehicles that are used to provide limited transportation services in conjunction with the operation of a hotel, campground, or food service facility but are not used as a common carrier. For the purpose of this subdivision, compensation for housing, camping, or food combined with transportation is not transportation by motor vehicle for compensation. However, transportation may not be performed for any person if, at the point of origin or within twenty-five (25) miles of that point, there is an equipment point as shown by a proper tariff of a carrier of passengers in Indiana that operates special or charter bus service under the jurisdiction of the department. Exemption from this chapter is not available under this subdivision unless the motor vehicles in question are provided with proof of financial responsibility of the type and in amounts as required of common carriers under IC 8-2.1-22-46.

(5) Motor vehicles that are used to provide regular route intercity passenger service.

(6) Motor vehicles that are used primarily for van pooling or other ride-sharing programs on a nonprofit basis.

(7) Motor vehicles that are used to provide transportation of passengers by a nonprofit corporation if that corporation receives revenue for the transportation service from federal, state, or local governments.

(8) A motor vehicle that:

(A) has a capacity of not less than seven (7) or more than forty (40) persons;

(B) is used to transport employees, including the driver, exclusively between their homes and their employer's place of business, or termini near those places, in a single daily round trip; and

(C) is owned or leased by an employer providing commuter van service, which means any person who provides or operates at least one (1) of those vehicles on a nonprofit basis, and whose service does not infringe upon or compete with any service that is provided by any common carrier regulated by the department.

(9) Motor vehicles certified as ambulances by the Indiana emergency medical services commission under IC 16-31.

(10) The casual, occasional, or reciprocal transportation of household effects or furniture for compensation, not including the transportation for hire of new household effects or furniture to or from a factory, warehouse, or store, by a person who:

(A) does not otherwise engage in the described transportation for compensation;

(B) is not required under this chapter to hold a certificate to engage in transportation or operation for hire; or

(C) does not profess to engage in the business of transporting household effects or furniture for hire.

(b) This chapter does not apply to a limousine while the limousine is being used to transport at least one (1) person:

(1) from a place of departure; and

(2) to a destination;

within the corporate boundaries of a city or town if the legislative body of the city or town has adopted an ordinance under IC 36-9-2-4 that takes effect after July 1, 1991, and that regulates limousines within the corporate boundaries of the city or town.

As added by P.L.1-1991, SEC.78. Amended by P.L.2-1993, SEC.63; P.L.2-1995, SEC.40; P.L.110-1995, SEC.11; P.L.205-2025, SEC.26.
Ind. Code § 8-23-10-2.5 — Indiana Code / Title 8 / Article 23 / Chapter 10 / Section 8-23-10-2.5
Public availability of certificates of qualification
Status: in_force

Sec. 2.5. The department shall make available for public inspection during regular office hours and on the Internet a list of the contractors holding a valid certificate of qualification issued by the department under this chapter.

As added by P.L.144-2016, SEC.5.
Ind. Code § 8-1-29-8 — Indiana Code / Title 8 / Article 1 / Chapter 29 / Section 8-1-29-8
Referral of violations to attorney general as deceptive acts
Status: in_force

Sec. 8. The commission may refer a violation of section 5 of this chapter or rules adopted under section 6 of this chapter to the attorney general as a deceptive act. If a violation of section 5 of this chapter or rules adopted under section 6 of this chapter is referred to the attorney general as a deceptive act, the person who commits the violation commits a deceptive act that is actionable by the attorney general and the customer and is subject to the remedies and penalties under IC 24-5-0.5.

As added by P.L.92-1998, SEC.2.
Ind. Code § 8-14-15.2-12 — Indiana Code / Title 8 / Article 14 / Chapter 15.2 / Section 8-14-15.2-12
Diminishment of trust principal; deposit of trust income; transfer of trust income to major moves construction fund
Status: in_force

Sec. 12. (a) Except as otherwise required by section 10 of this chapter, the principal of the trust may not be diminished during the term of the trust.

(b) The income that accrues from investment of the trust shall be deposited in the trust.

(c) On March 15, 2021, and March 15 every five (5) years thereafter, the treasurer of state shall transfer all interest accruing to the trust to the major moves construction fund.

As added by P.L.189-2018, SEC.79.
Ind. Code § 8-2-15-2 — Indiana Code / Title 8 / Article 2 / Chapter 15 / Section 8-2-15-2
License; publication of intention to establish
Status: in_force

Sec. 2. The board shall not grant a license to the applicant unless he shall produce satisfactory evidence to the court that he has set up in the township where the ferry is proposed to be kept and maintained written or printed notices in three (3) public places of his intention to apply to such board for a license to keep a ferry: Provided, There be a newspaper of general circulation published in the township where such ferry is to be kept, such notice may be given by publishing same in such newspaper not less than ten (10) days before the meeting of said board of commissioners.

Formerly: Acts 1881(ss), c.52, s.2; Acts 1911, c.126, s.2.
Ind. Code § 8-23-1.1-27 — Indiana Code / Title 8 / Article 23 / Chapter 1.1 / Section 8-23-1.1-27
"Limited access facility"
Status: in_force

Sec. 27. "Limited access facility" means a highway or street designed for through traffic, over, from, or to which owners or occupiers of abutting land or other persons have either no right or easement or a limited right or easement of direct access, light, air, or view because their property abuts upon the limited access facility or for any other reason. The highways or streets may be parkways from which trucks, buses, and other commercial vehicles are excluded or freeways open to use by all customary forms of highway and street traffic.

As added by P.L.145-2026, SEC.37.
Ind. Code § 8-16-2-26 — Indiana Code / Title 8 / Article 16 / Chapter 2 / Section 8-16-2-26
Amendment of chapter
Status: in_force

Sec. 26. The general assembly hereby reserves the right to amend or modify this chapter at any time that such amendment or modification may be deemed just and proper.

Formerly: Acts 1927, c.10, s.26. As amended by P.L.66-1984, SEC.65.
Ind. Code § 8-3-17-3 — Indiana Code / Title 8 / Article 3 / Chapter 17 / Section 8-3-17-3
Powers and duties
Status: in_force

Sec. 3. Such policemen shall enforce and compel obedience to the laws of this state and to the ordinances of the cities and towns thereof, when engaged in the discharge of their duties as policemen for such company, and the keepers of jails, lock-ups and station-houses, in any county, city or town shall receive all persons arrested by such policemen for the commission of any offense against the laws of this state, or the ordinances of any such city or town, to be dealt with according to law, and persons so arrested shall be received by such keepers of jails, lock-ups or station-houses, on the same basis, and such persons shall have the same status as prisoners arrested by any other peace officer of the state of Indiana.

Formerly: Acts 1927, c.18, s.3.
Ind. Code § 8-2.1-22-43 — Indiana Code / Title 8 / Article 2.1 / Chapter 22 / Section 8-2.1-22-43
Repealed
Status: repealed

As added by P.L.99-1989, SEC.13. Repealed by P.L.110-1995, SEC.35.
Ind. Code § 8-3-2-6 — Indiana Code / Title 8 / Article 3 / Chapter 2 / Section 8-3-2-6
Carload freight shipments; billings; records; freight cars requested and furnished
Status: in_force

Sec. 6. Each carrier subject to this chapter shall provide and permanently keep at each billing station on its line in Indiana where it handles carload shipments a substantially bound book, which shall be in the form prescribed by the Indiana department of transportation, suitable for permanently recording and preserving the information required by this section and other information as the department may prescribe concerning the subject matter of this chapter. Any applicant for cars for use at a station shall record in the book the date of application showing the number and kind of cars required, when required, for what kind of loading, the point of destination, and other information as the department prescribes. If it is not practical or possible for the applicant to apply in person, then application may be made in writing or by wire, and if made in writing or by wire, then one (1) authentic copy shall be furnished the local agent for filing in the local agent's office, which copy shall constitute a part of the lawful record. Each carrier shall furnish to the applicant, in not less than forty-eight (48) hours after 6 p.m. of the day of filing such application, the cars so required, unless the cars are not so soon required, in which case they shall be furnished when required. The carrier's agent at every station shall record in the book the date the cars were furnished and billed out, and other information as the department may prescribe in the form for the record, and every record, or a properly authenticated copy, shall be competent evidence in all the courts of this state and before the department concerning the matters required to be recorded in the book. A carrier shall not be required to furnish cars for shipment unless applied for under this section. The distribution and delivery of coal cars to coal mines on carriers' lines in this state are not controlled by this section.

Formerly: Acts 1907, c.231, s.6. As amended by P.L.62-1984, SEC.18; P.L.384-1987(ss), SEC.36; P.L.18-1990, SEC.44; P.L.136-2018, SEC.83.
Ind. Code § 8-1-46.1-7 — Indiana Code / Title 8 / Article 1 / Chapter 46.1 / Section 8-1-46.1-7
"Nonresidential onsite sewage system"
Status: in_force

Sec. 7. As used in this chapter, "nonresidential onsite sewage system" has the meaning set forth in IC 16-19-3.5-3.5.

As added by P.L.95-2026, SEC.1.
Ind. Code § 8-1.5-2-13 — Indiana Code / Title 8 / Article 1.5 / Chapter 2 / Section 8-1.5-2-13
Contracts for acquisition, construction, or replacement of public utility property; authorizing ordinance
Status: in_force

Sec. 13. A contract made by the municipal legislative body for the acquisition, construction, extension, or replacement of the property of a public utility must be authorized by ordinance. The ordinance must provide for the principal and interest of bonds issued for the payment of the cost of the acquisition, construction, extension, or replacement to be paid exclusively from the income and revenue of the property acquired with the proceeds of the bonds.

As added by Acts 1982, P.L.74, SEC.1.
Ind. Code § 8-4.5-4-3 — Indiana Code / Title 8 / Article 4.5 / Chapter 4 / Section 8-4.5-4-3
County meeting to consider acquisitions
Status: in_force

Sec. 3. (a) The Indiana department of transportation shall hold at least one (1) public meeting in a county through which the corridor passes before determining whether the state should acquire a railroad's interest in a corridor that is proposed to be abandoned. Notice of the meeting must be given in accordance with IC 5-14-1.5.

(b) In addition to the notice requirements of IC 5-14-1.5, the department shall give notice of a meeting under this section to the following:

(1) The county commissioners of each county through which the railroad's interest in the proposed abandoned corridor passes.

(2) The legislative body of each city or town:

(A) through which the railroad's interest in the corridor passes; or

(B) that is within one (1) mile of any part of the railroad's interest in the corridor.

(3) The railroad that proposes to abandon the railroad's interest in the corridor.

(4) The Indiana utility regulatory commission.

Notice must be given to the persons described in subdivisions (1) through (4) not later than the date notice is required to be published under IC 5-14-1.5.

(c) The department may hold additional meetings before making a determination under this chapter.

(d) The department shall hold a meeting under this section in each county through which the railroad's interest in the corridor passes.

As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.8; P.L.59-2005, SEC.4.
Ind. Code § 8-17-5-3 — Indiana Code / Title 8 / Article 17 / Chapter 5 / Section 8-17-5-3
Repealed
Status: repealed

Formerly: Acts 1963, c.131, s.3. Repealed by P.L.86-1988, SEC.227.
Ind. Code § 8-1-26-8 — Indiana Code / Title 8 / Article 1 / Chapter 26 / Section 8-1-26-8
"Imminent danger to life, health, property, or loss of service"
Status: in_force

Sec. 8. As used in this chapter, "imminent danger to life, health, property, or loss of service" means there is a substantial likelihood that loss of life, health, property, or service will result before the procedures under sections 16 and 18 of this chapter can be completed.

As added by P.L.69-1990, SEC.2.
Ind. Code § 8-2.1-18.5-2 — Indiana Code / Title 8 / Article 2.1 / Chapter 18.5 / Section 8-2.1-18.5-2
Additional charges for transportation service previously provided
Status: in_force

Sec. 2. A motor carrier or a party representing a motor carrier may not add to a charge or attempt to add to a charge for a transportation service previously provided, the difference between:

(1) an applicable rate, fare, or charge that was lawfully in effect under a tariff filed for the motor carrier and applicable to the transportation service on the date the transportation service was provided; and

(2) the rate, fare, or charge paid for the transportation service;

if payment for the transportation service was received by the motor carrier or its representative at least ninety (90) days before the motor carrier's attempt to add to the rate, fare, or charge.

As added by P.L.111-1995, SEC.1.
Ind. Code § 8-22-5-1 — Indiana Code / Title 8 / Article 22 / Chapter 5 / Section 8-22-5-1
Interstate airport facilities; approval
Status: in_force

Sec. 1. The governing body of a county, city, village, town, or other political subdivision of an adjoining state whose statutes permit may acquire, establish, construct, own, control, lease, equip, improve, maintain, and operate airports, landing fields, or other air navigation facilities in Indiana, subject to statutes, rules, and regulations of Indiana applicable to its political subdivisions in aeronautical projects, but subject to the laws of the adjoining state in matters relating to financing the projects. The aeronautics commission of Indiana must approve the acquisition and establishment of the airports, landing fields, or other air navigation facilities before commencement of proceedings for acquisition or establishment.

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

As added by Acts 1980, P.L.8, SEC.73.
Ind. Code § 8-22-4-3 — Indiana Code / Title 8 / Article 22 / Chapter 4 / Section 8-22-4-3
Funding; revenue bonds; loans; budget; expenses and costs; records
Status: in_force

Sec. 3. (a) A party state is not obligated to appropriate funds of the state for the development, support, and maintenance of the airport authority. All revenue received from the air facility and the property, both real and personal, within the jurisdiction and control of the airport authority must be applied to the maintenance and development of the air facility. All limitations upon expenditures, which may be an element of title to the real estate held by the airport authority, must be observed.

(b) Revenue bonds to be retired exclusively from income received from the operation of the air facility may be issued by the airport authority and in the name of the authority in accordance with the statutes of the state in which the air facility is located that prescribe the terms and conditions for the issuance of revenue bonds by airport authorities.

(c) The airport authority may secure loans from private financing and offer as collateral those assets, real, personal or mixed, in accordance with the statutes of the state in which the airport is located.

(d) Each year the airport authority shall prepare a budget of its estimated expenditures for the fiscal year beginning on January 1 of the succeeding year and shall before July 2 submit a copy of the report to the various combining governmental units. The estimated expenditures must be allocated and pro rated equally between the various combining governmental units and a statement of the allocated amount must be included in the copy of the budgetary report submitted to the combining governmental units. To provide funds to pay its share of the proposed expenditures, each combining governmental unit may annually levy a tax on property located within the governmental unit at a rate sufficient to raise funds to pay its pro rated share of estimated expenditures. The tax shall be levied and collected in the same manner as other property taxes are levied and collected by the governmental unit and in accordance with the statutes of the state in which the unit is located. The money raised by the tax levy shall be appropriated and distributed to the airport authority by the governmental unit. Funds so appropriated shall be used exclusively for the development and maintenance of the air facility.

(e) The airport authority may meet any of its obligations, in whole or in part, with funds made available to it under section 2 of this chapter. However, the airport authority must take specific action to set aside those funds before incurring an obligation to be met in whole or in part in this manner.

(f) The expenses and other costs for each member of the airport authority shall be met by the airport authority in accordance with the standards and procedures that it establishes under its bylaws, rules, and regulations.

(g) The airport authority shall keep accurate records of all receipts and disbursements. The receipts and disbursements of the airport authority are subject to an annual audit and accounting procedures established under its bylaws. All receipts and disbursements of funds handled by the airport authority shall be audited by a qualified public accountant and the report of the audit shall be incorporated into and become a part of the annual report of the airport authority.

(h) The accounts of the airport authority shall be kept open to inspection by the general public at any reasonable times.

[Pre-Local Government Recodification Citation: 19-6-5-3.]

As added by Acts 1980, P.L.8, SEC.73.
Ind. Code § 8-22-1-14 — Indiana Code / Title 8 / Article 22 / Chapter 1 / Section 8-22-1-14
"Person"
Status: in_force

Sec. 14. "Person" means an individual, partnership, firm, company, limited liability company, corporation, association, trust, estate, or his or its legal representative or agent.

[Pre-Local Government Recodification Citations: 19-6-2-1 part; 19-6-3-1 part; 19-6-3.5-2 part.]

As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.8-1993, SEC.152.
Ind. Code § 8-23-4-4 — Indiana Code / Title 8 / Article 23 / Chapter 4 / Section 8-23-4-4
Municipal arterial street systems; selection criteria; addition, relocation, and deletion; municipal local highway systems
Status: in_force

Sec. 4. (a) The agency responsible for highways in each municipality with a population of at least five thousand (5,000) shall select a system of arterial streets for the municipality. The system shall be selected on the basis of the greatest general importance to the municipality after an evaluation of each highway in the municipality. The system may not include highways that are part of the state highway system. The system of arterial streets must connect focal points of traffic interest, provide communication with other communities and outlying areas and provide for the continuity of the county arterial highway system into or through the municipality. The agency shall use engineering standards in selecting the streets.

(b) The agency responsible for highways in each municipality with a population of less than five thousand (5,000) may limit streets selected for the arterial street system to extensions of the county arterial street system or the municipal arterial street system of adjoining municipalities into or through the municipality.

(c) The system of arterial streets selected by an agency under subsection (a) or (b) constitutes the municipal arterial street system of that municipality.

(d) The agency responsible for highways in a municipality may from time to time add, relocate, or delete highways from the municipal arterial highway system by following the procedure provided in subsection (a) or (b).

(e) If a highway or a segment of a highway is deleted from the municipal arterial highway system under subsection (d), it may:

(1) become a part of the municipal local highway system; or

(2) be abandoned.

(f) All roads under the jurisdiction of the agency responsible for the municipal highways of each municipality not included in a municipal arterial highway system constitute the municipal local highway systems of that municipality.

As added by P.L.18-1990, SEC.213.
Ind. Code § 8-16-3.5-6 — Indiana Code / Title 8 / Article 16 / Chapter 3.5 / Section 8-16-3.5-6
Contract provisions relating to taxes, assessments, and insurance; county inspection of bridge
Status: in_force

Sec. 6. A contract of lease may provide that as a part of the lease rental for a bridge the lessee shall agree to pay all taxes and assessments levied against or on account of the leased bridge and to maintain insurance for the benefit of the lessor corporation. The county may inspect the bridge whenever the county considers it necessary.

Formerly: Acts 1975, P.L.92, SEC.2. As amended by P.L.86-1988, SEC.29.
Ind. Code § 8-1.5-5-19 — Indiana Code / Title 8 / Article 1.5 / Chapter 5 / Section 8-1.5-5-19
Appeal
Status: in_force

Sec. 19. (a) A person who has remonstrated in writing and is aggrieved by the decision of the board may, within thirty (30) days, take an appeal to the circuit or superior court of the county in which the storm water district is located.

(b) A remonstrator desiring to appeal the action of the board shall, within thirty (30) days after the final action of the board, file in the office of the clerk of the circuit or superior court a copy of the order of the board and the remonstrance, together with a bond conditioned to pay the costs of the appeal, should the appeal be determined against the remonstrator.

(c) The court may hear the appeal only if the question is whether the board acted arbitrarily or capriciously in adopting the resolution.

(d) The cause shall be tried by the court without a jury.

(e) All remonstrances upon which appeals are taken may be consolidated and heard as one (1) claim for relief by the court.

As added by P.L.125-1987, SEC.1.
Ind. Code § 8-1-2.6-0.4 — Indiana Code / Title 8 / Article 1 / Chapter 2.6 / Section 8-1-2.6-0.4
"Provider"
Status: in_force

Sec. 0.4. As used in this chapter, "provider" means a person or an entity that offers basic or nonbasic telecommunications service.

As added by P.L.27-2006, SEC.9.
Ind. Code § 8-23-26-14 — Indiana Code / Title 8 / Article 23 / Chapter 26 / Section 8-23-26-14
Relocation of customer service facilities; recovery of costs; reimbursements
Status: in_force

Sec. 14. (a) If the department causes the relocation of customer service facilities under section 13 of this chapter, the department may recover the costs of the relocation from the utility.

(b) A utility shall reimburse the department for costs that are allowable under section 12(2) of this chapter and that the department determines are not extraordinary costs incurred under section 13 of this chapter upon the presentation of an invoice of the costs from the department.

As added by P.L.63-1992, SEC.4.
Ind. Code § 8-2.1-22-3 — Indiana Code / Title 8 / Article 2.1 / Chapter 22 / Section 8-2.1-22-3
Powers and duties of department
Status: in_force

Sec. 3. (a) The department shall:

(1) supervise and regulate the administration of this chapter;

(2) fix just and reasonable rates, fares, and charges;

(3) adopt just and reasonable classifications and rules; and

(4) regulate and supervise the schedules, service, safety, methods, and hours of operation;

of every motor carrier subject to this chapter.

(b) The department may require the filing of annual and other reports and the submission of all records and information as is reasonably necessary.

As added by P.L.99-1989, SEC.13.
Ind. Code § 8-1.5-5-1 — Indiana Code / Title 8 / Article 1.5 / Chapter 5 / Section 8-1.5-5-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to each:

(1) municipality; and

(2) county that:

(A) does not have a consolidated city; and

(B) receives notification from the department of environmental management that the county will be subject to storm water regulation under 327 IAC 15-13;

that adopts the provisions of this chapter by ordinance.

As added by P.L.125-1987, SEC.1. Amended by P.L.282-2003, SEC.2.
Ind. Code § 8-23-32-3 — Indiana Code / Title 8 / Article 23 / Chapter 32 / Section 8-23-32-3
"Motor vehicle rental company"
Status: in_force

Sec. 3. As used in this chapter, "motor vehicle rental company" means a person that routinely engages in the business of renting motor vehicles for periods of not more than thirty (30) days.

As added by P.L.120-2023, SEC.2.
Ind. Code § 8-3-1-4 — Indiana Code / Title 8 / Article 3 / Chapter 1 / Section 8-3-1-4
Repealed
Status: repealed

Formerly: Acts 1905, c.53, s.5; Acts 1907, c.241, s.5. As amended by P.L.62-1984, SEC.3; P.L.384-1987(ss), SEC.13; P.L.90-2002, SEC.314. Repealed by P.L.50-2011, SEC.5.
Ind. Code § 8-1-2-2 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-2
Legal counsel for commission
Status: in_force

Sec. 2. The attorney-general shall be the legal counsel for the commission and shall prosecute all cases in which the commission may be interested. He shall advise the commission in legal matters arising in the discharge of their duties and shall represent the commission in all suits to which the commission is a party. The attorney-general shall have the right to call upon the prosecuting attorney of any county or the legal officers of any city to assist in the prosecution or defense of any case in their county or city to which the commission may be a party, and it shall be the duty of such prosecuting attorney or legal officer to give such assistance as may be required by the attorney general.

Formerly: Acts 1913, c.76, s.3; Acts 1917, c.16, s.1.
Ind. Code § 8-10-1-4 — Indiana Code / Title 8 / Article 10 / Chapter 1 / Section 8-10-1-4
Bonds; payment
Status: in_force

Sec. 4. Revenue bonds issued under the provisions of this article:

(1) do not constitute a debt of the ports of Indiana, the state, or any political subdivision of the state, or a pledge of the faith and credit of the ports of Indiana, the state, or any political subdivision of the state;

(2) are payable solely from the funds pledged for their payment as authorized in this article, unless the bonds are refunded by refunding bonds issued under the provisions of this chapter, which shall be payable solely from funds pledged for their payment as authorized in this article; and

(3) must contain on their face a statement to the effect that the bonds, as to both principal and interest, are not an obligation of the ports of Indiana, the state, or of any political subdivision of the state, but are payable solely from revenues pledged for their payment.

All expenses incurred in carrying out the provisions of this article are payable solely from funds provided under the authority of this article and nothing in this article shall be construed to authorize the ports of Indiana to incur indebtedness or liability on behalf of or payable by the state or any political subdivision of the state.

Formerly: Acts 1961, c.11, s.4. As amended by P.L.66-1984, SEC.1; P.L.224-2003, SEC.204 and P.L.271-2003, SEC.4; P.L.232-2005, SEC.5; P.L.98-2008, SEC.12.
Ind. Code § 8-21-9-29 — Indiana Code / Title 8 / Article 21 / Chapter 9 / Section 8-21-9-29
Fixing and collecting fees, tolls, rentals, and other charges
Status: in_force

Sec. 29. The department may fix, review, revise, charge and collect fees, tolls, rentals and other charges for the use of the airport, airport facility, airport facilities and lands under the jurisdiction or control of the authority or services rendered by the department, and contract with any person, partnership, association, limited liability company, or corporation desiring the use of any airport facility or airport facilities and appurtenances for any proper purpose, and fix the terms, conditions, rentals, and rates of charges for such use. Such fees, tolls, rentals and other charges shall be reasonably related to the cost of operation, maintenance and repair of the particular airport facility or airport facilities for which the fees, tolls, rentals and other charges are fixed, including a proper allocation of the administrative expenses of the department and in case revenue bonds are issued to finance such airport facility or airport facilities, the fees, tolls, rentals and other charges relating to that airport facility or airport facilities shall be established in an amount sufficient to pay the interest on and principal of the bonds in accordance with their terms, and also sufficient to establish and maintain reserves created for all such purposes and for depreciation purposes. The fixing and collection of such fees, tolls, rentals and other charges and the expenditure of the revenues derived therefrom shall not be subject to the supervision or regulation by any other officer, commission, board, bureau or agency of the state. After such bonds have been duly paid and discharged and all obligations under any trust agreement securing the same have been performed or satisfied, any remaining surplus net revenues and all surplus net revenues thereafter derived from the operation of such airport or airports shall be paid into a sinking fund to be created by the department and used only for the purpose of improving and maintaining airport facilities under the jurisdiction of the department.

Formerly: Acts 1971, P.L.105, SEC.2. As amended by Acts 1980, P.L.74, SEC.360; P.L.8-1993, SEC.149.
Ind. Code § 8-1-41-7 — Indiana Code / Title 8 / Article 1 / Chapter 41 / Section 8-1-41-7
"Wind power device"
Status: in_force

Sec. 7. As used in this chapter, "wind power device" means a device, including a windmill or a wind turbine, that is designed to use the kinetic energy of moving air to provide mechanical energy or to produce electricity.

As added by P.L.90-2022, SEC.1.
Ind. Code § 8-2.1-27-1 — Indiana Code / Title 8 / Article 2.1 / Chapter 27 / Section 8-2.1-27-1
"Acceptable temperature"
Status: in_force

Sec. 1. As used in this chapter, "acceptable temperature" means a temperature established in a rule or regulation adopted by the Indiana department of health with respect to the storage and transportation of a particular food and enforced by the Indiana department of health or a local health department.

As added by P.L.108-2012, SEC.1. Amended by P.L.56-2023, SEC.55.
Ind. Code § 8-1-13-43 — Indiana Code / Title 8 / Article 1 / Chapter 13 / Section 8-1-13-43
Maximum borrowing and expenditures for economic development
Status: in_force

Sec. 43. (a) A corporation may not expend more than fifteen percent (15%) of its total utility plant for economic development.

(b) A corporation that is not an REA borrower (as defined in section 17(f) of this chapter) may not borrow any funds for an economic development project without approval of the Indiana utility regulatory commission.

As added by P.L.95-1993, SEC.2.
Ind. Code § 8-15.7-16-6 — Indiana Code / Title 8 / Article 15.7 / Chapter 16 / Section 8-15.7-16-6
Certain contributions attributed to operator
Status: in_force

Sec. 6. An operator is considered to have made a contribution if a contribution is made by a person who has an interest in the operator.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-23-10-3 — Indiana Code / Title 8 / Article 23 / Chapter 10 / Section 8-23-10-3
Financial statements of applicants
Status: in_force

Sec. 3. (a) A bidder may not be given a certificate of qualification unless the bidder's financial statement and the investigation made by the department show that the bidder possesses net current assets sufficient in the judgment of the department to render it probable that the bidder can satisfactorily execute contracts and meet obligations incurred. All applications for qualification must expressly authorize the department to obtain all information considered pertinent with respect to the financial worth and assets and liabilities of the applicant from banks or other financial institutions, surety companies, dealers in material, equipment, or supplies, or other persons having business transactions with an applicant and must expressly authorize all financial institutions or other persons to furnish information requested by the department.

(b) The department shall adopt rules under IC 4-22-2 that establish the requirements for financial statements furnished to the department by potential applicants for the purpose of determining an applicant's eligibility and financial capacity under this chapter.

(c) This chapter shall be administered without reference to the residence of applicants, and its provisions and the rules of the department adopted under this chapter apply equally to residents and nonresidents of Indiana. This chapter does not apply to the purchase of material, equipment, and supplies or to the construction and maintenance of buildings.

(d) Notwithstanding IC 5-14-3-4(a)(5), a financial statement submitted to the department under this chapter is considered confidential financial information for the purposes of IC 5-14-3.

As added by P.L.18-1990, SEC.219. Amended by P.L.111-1993, SEC.1; P.L.119-1995, SEC.1; P.L.14-2019, SEC.3; P.L.93-2024, SEC.88.
Ind. Code § 8-4.5-5-2 — Indiana Code / Title 8 / Article 4.5 / Chapter 5 / Section 8-4.5-5-2
Grant eligibility
Status: in_force

Sec. 2. (a) The following are eligible to receive a grant under this chapter:

(1) A state agency.

(2) A political subdivision.

(3) A nonprofit organization.

(b) The following may not receive a grant under this chapter:

(1) A private trail project.

(2) A project for a private purpose.

(3) A private business.

(4) A developer.

As added by P.L.40-1995, SEC.3.
Ind. Code § 8-1-2.7-13 — Indiana Code / Title 8 / Article 1 / Chapter 2.7 / Section 8-1-2.7-13
Confirmation of return to commission jurisdiction
Status: in_force

Sec. 13. If a utility attempts to return to commission jurisdiction, the board of directors shall, within five (5) days following the meeting, send written confirmation to the secretary of the commission containing the following information:

(1) The total membership or number of shareholders of the utility.

(2) The total number of members or shareholders:

(A) present at the meeting; and

(B) voting by absentee ballot.

(3) The vote totals both for and against the return.

(4) Written verification of notice of the meeting.

(5) An affidavit, signed by all the members of the board of directors, stating that all of the requirements of this chapter have been met.

As added by P.L.108-1989, SEC.1. Amended by P.L.82-1997, SEC.16; P.L.80-1997, SEC.16; P.L.159-1999, SEC.15; P.L.60-2024, SEC.7.
Ind. Code § 8-22-3-21 — Indiana Code / Title 8 / Article 22 / Chapter 3 / Section 8-22-3-21
Annual report of accounts
Status: in_force

Sec. 21. The treasurer shall submit to the board annually, and more often if required by the board, a report of the accounts exhibiting the revenues, receipts, and disbursements and the sources from which the revenues and funds are derived and in what manner they have been disbursed.

[Pre-Local Government Recodification Citations: 19-6-2-23; 19-6-3-24; 19-6-3.5-25.]

As added by Acts 1980, P.L.8, SEC.73.
Ind. Code § 8-1-2.2-12 — Indiana Code / Title 8 / Article 1 / Chapter 2.2 / Section 8-1-2.2-12
Trust agreement or resolution on bondholders' rights
Status: in_force

Sec. 12. Trust Agreement, or Resolution, on Rights of Bondholders. In the discretion of the governing body of the issuer, any bonds issued under the provisions of this chapter may be secured by a trust agreement by and between the issuer and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the state. That trust agreement, or the resolution providing for the issuance of bonds, may contain provisions for protecting and enforcing the rights and remedies of the bondholders and of the trustee as may be reasonable and proper and not in violation of law, and may restrict the individual right of action by bondholders. The trust agreement or the resolution providing for the issuance of bonds may contain covenants including, but not limited to, the following:

(1) the pledge of all or any part of the revenues derived or to be derived from the project or projects to be financed by the bonds or from the electric system or facilities of a municipality or joint agency, or in the case of a joint agency from the revenues received from the municipalities;

(2) the rents, rates, fees and charges to be established, maintained and collected, and the use and disposal of revenues, gifts, grants and funds received or to be received by the municipality or joint agency;

(3) the setting aside of reserves and the investment, regulation and disposition of reserves;

(4) the custody, collection, securing, investment, and payment of any moneys held for the payment of bonds;

(5) limitations or restrictions on the purposes to which the proceeds of sale of bonds then or thereafter to be issued may be applied;

(6) limitations or restrictions on the issuance of additional bonds; the terms upon which additional bonds may be issued and secured; or the refunding of outstanding or other bonds;

(7) the procedure, if any, by which the terms of any contract with bondholders may be amended, the percentage of bonds the bondholders of which must consent to an amendment, and the manner in which consent may be given;

(8) events of default and the rights and liabilities arising upon default, the terms and conditions upon which bonds issued under this chapter shall become or may be declared due before maturity, and the terms and conditions upon which the declaration and its consequences may be waived;

(9) the preparation and maintenance of a budget;

(10) the retention or employment of consulting engineers, independent auditors, and other technical consultants;

(11) limitations on or the prohibition of free service to any person, firm, limited liability company, or corporation, public or private;

(12) the acquisition and disposal of property, provided that no project or part thereof may be mortgaged by such trust agreement or resolution;

(13) provisions for insurance and for accounting reports and for their inspection and audit; and

(14) the continuing operation and maintenance of the project.

As added by Acts 1980, P.L.68, SEC.1. Amended by P.L.8-1993, SEC.117.
Ind. Code § 8-4.5-5-4 — Indiana Code / Title 8 / Article 4.5 / Chapter 5 / Section 8-4.5-5-4
Application
Status: in_force

Sec. 4. (a) An application must contain the following information:

(1) The information required by IC 8-4.5-6-3.

(2) The applicant's name, mailing address, and telephone number.

(3) The name, mailing address, and telephone number of an individual who will serve as liaison with the department of natural resources.

(4) A time schedule for the total trail project with the applicant's written assurance of project completion as scheduled.

(5) An adequate justification for the project based on the project eligibility criteria in section 5 of this chapter and the evaluation criteria in section 11 of this chapter.

(6) A written assurance from the applicant that the total trail used to justify the project will be adequately maintained and made available for the intended public use for at least twenty (20) years after completion of the project, except as approved by the board.

(7) The amount of the grant requested from the fund. The application may offer a matching fund contribution larger than is required.

(8) A certified copy of the following:

(A) If the entire project will be located within a municipality, an ordinance adopted by the legislative body of the municipality under IC 8-4.5-6-4 that includes a consent to approval of the grant application.

(B) If clause (A) does not apply, an ordinance adopted by the legislative body of each county in which any part of the project will be located under IC 8-4.5-6-4 that includes a consent to approval of the grant application.

(b) An application that is considered but not funded in a fiscal year may be resubmitted for consideration in the next fiscal year.

(c) An applicant may submit a request for a time schedule adjustment. A time schedule adjustment may be approved by the department of natural resources if the project involves unusually complex studies, extensive real estate negotiations, extensive analyses for environmental clearances, complex planning for associated developments, or other compelling reasons.

(d) An applicant may withdraw an application at any time.

As added by P.L.40-1995, SEC.3.
Ind. Code § 8-21-2-5 — Indiana Code / Title 8 / Article 21 / Chapter 2 / Section 8-21-2-5
Violations
Status: in_force

Sec. 5. A person who violates this chapter commits a Class B misdemeanor.

Formerly: Acts 1929, c.171, s.5. As amended by Acts 1978, P.L.2, SEC.859.
Ind. Code § 8-23-4-1 — Indiana Code / Title 8 / Article 23 / Chapter 4 / Section 8-23-4-1
Highway and street systems of state
Status: in_force

Sec. 1. The highway and street system of Indiana consists of the following:

(1) The state highway system.

(2) A county arterial highway system in each county.

(3) A county local highway system in each county.

(4) A municipal arterial street system in each municipality.

(5) A municipal local street system in each municipality.

As added by P.L.18-1990, SEC.213.
Ind. Code § 8-1-2.8-4 — Indiana Code / Title 8 / Article 1 / Chapter 2.8 / Section 8-1-2.8-4
"FCC"
Status: in_force

Sec. 4. As used in this chapter, "FCC" refers to the Federal Communications Commission.

As added by P.L.75-1991, SEC.1.
Ind. Code § 8-22-1-1 — Indiana Code / Title 8 / Article 22 / Chapter 1 / Section 8-22-1-1
Application of definitions
Status: in_force

Sec. 1. Except as otherwise provided, the definitions in this chapter apply throughout this article.

[Local Government Recodification Citation: New.]

As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.115-1995, SEC.1.
Ind. Code § 8-1-46-9 — Indiana Code / Title 8 / Article 1 / Chapter 46 / Section 8-1-46-9
"Multi-year rate plan"
Status: in_force

Sec. 9. As used in this chapter, "multi-year rate plan" means a ratemaking mechanism under which the commission sets an electricity supplier's base rates for a three (3) year period that includes:

(1) authorized periodic changes in the electricity supplier's base rates; and

(2) adjustments to the electricity supplier's base rates based on the electricity supplier's performance with respect to each performance incentive mechanism applicable to the electricity supplier;

during the three (3) year period, without requiring the electricity supplier to file a new base rate case with respect to the changes and adjustments.

As added by P.L.36-2026, SEC.10.
Ind. Code § 8-6-7.7-3.3 — Indiana Code / Title 8 / Article 6 / Chapter 7.7 / Section 8-6-7.7-3.3
Appeal
Status: in_force

Sec. 3.3. If a unit denies a petition to close a crossing under section 3.2 of this chapter, the Indiana department of transportation shall schedule an appeal on the denial of the petition as set forth in IC 4-21.5 within sixty (60) days after the petition is denied.

As added by P.L.81-1996, SEC.8. Amended by P.L.198-2016, SEC.72; P.L.165-2018, SEC.1.
Ind. Code § 8-16-1-16 — Indiana Code / Title 8 / Article 16 / Chapter 1 / Section 8-16-1-16
Duty to fix, maintain, and collect tolls for use of bridges
Status: in_force

Sec. 16. (a) The authority shall fix, maintain, and collect tolls for the use of any bridge constructed or acquired by purchase pursuant to this chapter (except in the case of a bridge constructed or acquired under authority of section 21 of this chapter) until all bonds payable from the revenues of such bridge have been retired and the interest paid thereon and the Indiana interstate bridge fund or any other fund or funds of the state have been fully reimbursed for amounts expended from such funds for the construction, acquisition, enlargement, extension, or improvement of such bridge. However, after bonds are retired, interest is paid, and all funds are fully reimbursed as required by this subsection, the authority may continue to fix, maintain, and collect tolls for the use of the bridge.

(b) The rate of such tolls shall at all times be fixed and maintained by the authority so as to provide funds sufficient to:

(1) pay the cost of maintaining, repairing, and operating such bridge, including a prorated share of the expenses of the authority based upon the gross receipts from all bridges constructed or acquired by purchase by the authority under the provisions of this chapter;

(2) pay the principal of and the interest on all bonds in accordance with the terms thereof payable from the revenues of such bridge;

(3) reimburse each year the Indiana interstate bridge fund or any other funds of the state for expenditures made for the construction, acquisition, enlargement, extension, or improvement of such bridge in an amount equal to four percent (4%) of:

(A) the original amount of such expenditures; less

(B) any part of such amount reimbursed to such fund or funds by the issuance of bonds pursuant to section 20 of this chapter; and

(4) pay interest on amounts so expended from any such funds at such rate as may be deemed proper by the authority.

Formerly: Acts 1939, c.79, s.11; Acts 1955, c.323, s.2. As amended by Acts 1980, P.L.74, SEC.272; P.L.109-1983, SEC.43; P.L.386-1987(ss), SEC.14.
Ind. Code § 8-15.5-7-6 — Indiana Code / Title 8 / Article 15.5 / Chapter 7 / Section 8-15.5-7-6
Agreement concerning electronic toll collections on Indiana Toll Road
Status: in_force

Sec. 6. (a) As used in this section, "Class 2 vehicle" means any vehicle with two (2) axles, including motorcycles.

(b) If the authority enters into a public-private agreement concerning the operation of the Indiana Toll Road, the authority shall enter into a written agreement with the operator concerning the implementation of electronic or nonmanual means of collecting user fees imposed on Class 2 vehicles.

As added by P.L.47-2006, SEC.39.
Ind. Code § 8-21-4-7 — Indiana Code / Title 8 / Article 21 / Chapter 4 / Section 8-21-4-7
Contracts entered while in flight
Status: in_force

Sec. 7. All contractual and other legal regulations entered into by aeronauts or passengers while in flight over this state shall have the same effect as if entered into on the land or water beneath.

Formerly: Acts 1927, c.43, s.8.
Ind. Code § 8-3-1-18 — Indiana Code / Title 8 / Article 3 / Chapter 1 / Section 8-3-1-18
Information to department; enforcement powers of department
Status: in_force

Sec. 18. The department may inquire into the management of the business of all common carriers subject to this chapter, and shall keep itself informed as to the manner and method in which the same is conducted, and may obtain from such carriers full and complete information necessary to enable the department to perform the duties and carry out the objects for which the department was created. The department shall enforce this chapter and all the other statutes of this state the enforcement of which is devolved upon the department, and such other statutes of this state as shall prescribe the duties and obligations and regulate the conduct of the carriers subject to this chapter in their dealings with the public and each other as common carriers of passengers and property in this state, and, to enable the department so to do, the department may institute and prosecute, in its name, any appropriate action at law or suit in equity, in any circuit or superior court of this state, against any such carrier to compel it to observe the requirements of this chapter and all other statutes of this state, and the orders of the department made under this chapter or any other law of this state, and all orders and judgments of any court in this state made under this chapter; or to restrain any such carrier from the further continuance of any act or practice suffered or authorized by it in violation of this chapter, the other statutes of this state, the orders of the department or a court made under this chapter, and the costs and expenses of such proceedings shall be audited and approved by the state comptroller and paid as provided in this chapter.

Formerly: Acts 1905, c.53, s.20; Acts 1907, c.241, s.17. As amended by P.L.62-1984, SEC.11; P.L.384-1987(ss), SEC.26; P.L.9-2024, SEC.282.
Ind. Code § 8-8-7-2 — Indiana Code / Title 8 / Article 8 / Chapter 7 / Section 8-8-7-2
Plans and specifications; equipment
Status: in_force

Sec. 2. From and after June 1, 1914, it shall be unlawful, except as otherwise provided in this chapter, for any such common carrier by railroad to use on its line any caboose car, or other car used for like purposes, unless such caboose or other car shall be at least twenty-four (24) feet in length exclusive of the platform and equipped with two (2) four-wheel trucks and said caboose car or other car shall be of constructive strength equal to that of sixty thousand (60,000) pounds capacity freight cars, and shall be provided with a door in each end thereof and an outside platform across each end of said car. Each platform shall not be less than twenty-four (24) inches in width and shall be equipped with proper guard rails and with grab-irons and steps for the safety of persons getting on and off said car. Said steps shall be equipped with a suitable rod, board, or other guard at each end and at the back thereof properly designed to prevent slipping from said step. Said caboose shall have necessary cupola or bay window, closets, and windows.

Formerly: Acts 1911, c.60, s.2; Acts 1939, c.129, s.1. As amended by P.L.62-1984, SEC.119.
Ind. Code § 8-1-30.8-8 — Indiana Code / Title 8 / Article 1 / Chapter 30.8 / Section 8-1-30.8-8
Audits a prerequisite to financial assistance
Status: in_force

Sec. 8. To apply to the authority for a loan, a grant, or other financial assistance from:

(1) the drinking water revolving loan program established by IC 5-1.2-10; or

(2) the water infrastructure assistance program established by IC 5-1.2-14;

a water utility must demonstrate to the authority that it has complied with this chapter.

As added by P.L.15-2019, SEC.7.
Ind. Code § 8-1-17.5-9 — Indiana Code / Title 8 / Article 1 / Chapter 17.5 / Section 8-1-17.5-9
Approval of plan by members; notice of meeting
Status: in_force

Sec. 9. The board of directors of each corporation that seeks to merge or consolidate with another corporation, as authorized by section 7 of this chapter, must obtain from the corporation's own membership approval of a plan of merger or consolidation that complies with section 8 of this chapter. A corporation that seeks approval from its membership under this section shall give notice to the corporation's members of the place, date, and time of a meeting at which the members may vote on the plan of merger or consolidation. The notice required by this section:

(1) must be given:

(A) not less than ten (10) days before the date of the meeting, if the notice is given by first class or registered mail; or

(B) not less than thirty (30) days or more than sixty (60) days before the date of the meeting, if the notice is given by a method other than that described in clause (A);

(2) must state that a purpose of the meeting is to consider a plan of merger or consolidation; and

(3) must include or be accompanied by a copy or summary of the plan of merger or consolidation prepared in compliance with section 8 of this chapter, including a copy or summary of the proposed articles of merger or consolidation, as required by section 8(5) of this chapter.

As added by P.L.18-2010, SEC.1.
Ind. Code § 8-1-31-2 — Indiana Code / Title 8 / Article 1 / Chapter 31 / Section 8-1-31-2
Repealed
Status: repealed

As added by P.L.94-2000, SEC.1. Repealed by P.L.209-2014, SEC.3.
Ind. Code § 8-22-3.5-1 — Indiana Code / Title 8 / Article 22 / Chapter 3.5 / Section 8-22-3.5-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to the following:

(1) Each county having a consolidated city.

(2) Each city having a population of more than sixty-nine thousand (69,000) and less than sixty-nine thousand five hundred (69,500).

(3) Each county having a population of more than one hundred thousand (100,000) and less than one hundred ten thousand (110,000).

(4) Each county having a population of more than three hundred fifty thousand (350,000) and less than four hundred thousand (400,000).

(5) Each county having a population of more than one hundred eighty thousand (180,000) and less than one hundred eighty-five thousand (185,000).

(6) Each county having a population of more than one hundred ten thousand (110,000) and less than one hundred twelve thousand (112,000).

(7) Each city having a population of more than fifty-four thousand (54,000) and less than fifty-eight thousand (58,000).

As added by P.L.86-1991, SEC.1. Amended by P.L.108-1993, SEC.2; P.L.115-1995, SEC.3; P.L.85-1996, SEC.1; P.L.91-1997, SEC.3; P.L.170-2002, SEC.71; P.L.124-2006, SEC.1; P.L.182-2009(ss), SEC.271; P.L.119-2012, SEC.101; P.L.104-2022, SEC.73.
Ind. Code § 8-1-46.1-1 — Indiana Code / Title 8 / Article 1 / Chapter 46.1 / Section 8-1-46.1-1
Applicability
Status: in_force

Sec. 1. This chapter applies to the following:

(1) A commercial facility that discharges wastewater containing fats, oils, or grease into a sewer system.

(2) A food establishment (as defined in IC 16-18-2-137).

(3) A mobile retail food establishment (as defined in IC 16-18-2-239.3).

As added by P.L.95-2026, SEC.1.
Ind. Code § 8-16-1-23 — Indiana Code / Title 8 / Article 16 / Chapter 1 / Section 8-16-1-23
Repealed
Status: repealed

Formerly: Acts 1939, c.79, s.15. Repealed by Acts 1980, P.L.74, SEC.434.
Ind. Code § 8-1-39-6 — Indiana Code / Title 8 / Article 1 / Chapter 39 / Section 8-1-39-6
"TDSIC"
Status: in_force

Sec. 6. As used in this chapter, "TDSIC" refers to a transmission, distribution, and storage system improvement charge.

As added by P.L.133-2013, SEC.5.
Ind. Code § 8-1-2-3.5 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-3.5
Methods of payment; consolidated bill
Status: in_force

Sec. 3.5. (a) As used in this section, "department" refers to the department of natural resources created by IC 14-9-1-1.

(b) As used in this section, "utility" means a person, however organized, that provides utility service to customers in Indiana. The term includes an agent acting on behalf of the person to accept and process payments from customers.

(c) As used in this section, "utility service" means:

(1) electric;

(2) natural gas;

(3) water; or

(4) wastewater;

service that is provided at retail.

(d) A utility shall accept the following methods of payment from the department for utility service provided to a property owned by the department:

(1) An electronic funds transfer, including by wire or Automated Clearing House (ACH).

(2) A payment by credit card or debit card, if the payment amount does not exceed ten thousand dollars ($10,000).

(e) A utility may not limit or restrict the:

(1) dollar amount to less than ten thousand dollars ($10,000) with respect to a payment that is made by either:

(A) an electric funds transfer, including by wire or Automated Clearinghouse (ACH); or

(B) a credit card or debit card; or

(2) number of allowable payment transactions for a singular invoice to less than five (5) transactions, by either:

(A) an electric funds transfer, including by wire or Automated Clearinghouse (ACH); or

(B) a credit card or debit card.

(f) With respect to any singular property owned by the department, the department may request a consolidated bill for the property from a utility that provides utility service to the property. A utility that receives a request from the department under this subsection shall provide the department with a singular invoice for the entire property, regardless of the number of:

(1) meters;

(2) connections; or

(3) buildings or structures served;

on the property, as applicable. However, if the utility is unable to provide one (1) invoice for the property because of billing limitations or other operational constraints, the utility shall consolidate billing for the property to the greatest extent possible and issue the fewest number of invoices necessary.

As added by P.L.161-2026, SEC.1.
Ind. Code § 8-23-9.5-5 — Indiana Code / Title 8 / Article 23 / Chapter 9.5 / Section 8-23-9.5-5
"Evaluation committee"
Status: in_force

Sec. 5. As used in this chapter, "evaluation committee" refers to a group of individuals who are:

(1) employed by the department;

(2) responsible for evaluating proposals; and

(3) responsible for choosing not more than three (3) proposals with the highest scores to be considered by the selection panel.

As added by P.L.60-2023, SEC.2.
Ind. Code § 8-23-7-21 — Indiana Code / Title 8 / Article 23 / Chapter 7 / Section 8-23-7-21
Exchange of lands, rights, and easements; improvement completion requirement
Status: in_force

Sec. 21. An exchange agreement under section 19 of this chapter is not completed until the improvements specified in the agreement have been constructed in accordance with the plans and specifications approved by the department. The department may not pay or receive any difference in value between the real properties exchanged until the improvements are completed and approved.

As added by P.L.18-1990, SEC.216.
Ind. Code § 8-1-32.4-5 — Indiana Code / Title 8 / Article 1 / Chapter 32.4 / Section 8-1-32.4-5
"Facilities based local exchange carrier"
Status: in_force

Sec. 5. As used in this chapter, "facilities based local exchange carrier" means a local exchange carrier that provides local exchange service:

(1) exclusively over facilities owned or leased by the carrier; or

(2) predominantly over facilities owned or leased by the carrier, in combination with the resale of the telecommunications service (as defined in 47 U.S.C. 153) of another carrier.

As added by P.L.27-2006, SEC.54. Amended by P.L.8-2012, SEC.2.
Ind. Code § 8-1-32.3-21 — Indiana Code / Title 8 / Article 1 / Chapter 32.3 / Section 8-1-32.3-21
Application for substantial modification of wireless support structure; requirements; review for completeness; notification of approval or denial; additional time for review
Status: in_force

Sec. 21. (a) An application for a permit for substantial modification of a wireless support structure must include only the following:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

As added by P.L.145-2015, SEC.3.
Ind. Code § 8-1-31-13 — Indiana Code / Title 8 / Article 1 / Chapter 31 / Section 8-1-31-13
Limit on total adjustment revenues; exceptions
Status: in_force

Sec. 13. (a) The commission may not approve a petition filed under section 8 or 10 of this chapter to the extent it would:

(1) for a public utility, produce total adjustment revenues exceeding ten percent (10%) of the eligible utility's base revenue level approved by the commission in the eligible utility's most recent general rate proceeding; or

(2) for a municipally owned or not-for-profit utility, produce total adjustment revenues over the course of each twelve (12) month recovery period that exceed ten percent (10%) of the eligible utility's base revenue level approved by the commission in the eligible utility's most recent general rate proceeding.

(b) Subsection (a) does not apply to:

(1) infrastructure improvement costs associated with eligible infrastructure improvements that are placed in service due to the construction, reconstruction, or improvement of a highway, street, or road (as defined in IC 8-23-1.1-22), including projects under IC 8-25; or

(2) property taxes associated with eligible infrastructure improvements.

As added by P.L.94-2000, SEC.1. Amended by P.L.209-2014, SEC.12; P.L.45-2015, SEC.1; P.L.212-2015, SEC.13; P.L.137-2020, SEC.1; P.L.61-2022, SEC.8; P.L.39-2023, SEC.5; P.L.145-2026, SEC.31.
Ind. Code § 8-14.5-7-4 — Indiana Code / Title 8 / Article 14.5 / Chapter 7 / Section 8-14.5-7-4
"Highway improvement project"
Status: in_force

Sec. 4. As used in this chapter, "highway improvement project" means a highway project for which the department may use federal highway revenues.

As added by P.L.246-2005, SEC.83.
Ind. Code § 8-23-1.1-19 — Indiana Code / Title 8 / Article 23 / Chapter 1.1 / Section 8-23-1.1-19
"Erect"
Status: in_force

Sec. 19. "Erect" means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any way bring into being or establish. The term does not include an activity performed as an incident to the change of an advertising message or normal maintenance or repair of a sign structure.

As added by P.L.145-2026, SEC.37.
Ind. Code § 8-6-7.7-6 — Indiana Code / Title 8 / Article 6 / Chapter 7.7 / Section 8-6-7.7-6
Repealed
Status: repealed

Formerly: Acts 1973, P.L.66, SEC.1. Repealed by Acts 1979, P.L.88, SEC.2.
Ind. Code § 8-1-2-32 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-32
Standard commercial units of product or service
Status: in_force

Sec. 32. The commission shall ascertain and prescribe for each kind of public utility suitable and convenient standard commercial units of product or service. These shall be lawful units for the purpose of this chapter.

Formerly: Acts 1913, c.76, s.35. As amended by P.L.59-1984, SEC.18.
Ind. Code § 8-1-43-1 — Indiana Code / Title 8 / Article 1 / Chapter 43 / Section 8-1-43-1
"Charging infrastructure"
Status: in_force

Sec. 1. (a) As used in this chapter, "charging infrastructure" means:

(1) structures;

(2) machinery;

(3) equipment;

(4) hardware;

(5) software; and

(6) other capital investments;

installed to support and charge one (1) or more electric vehicles.

(b) The term includes Level 2 charging stations, direct-current fast charging stations, and battery exchange stations.

As added by P.L.94-2022, SEC.4.
Ind. Code § 8-6-2.1-14 — Indiana Code / Title 8 / Article 6 / Chapter 2.1 / Section 8-6-2.1-14
Filing of order and bond; hearing
Status: in_force

Sec. 14. Within twenty (20) days after the final action of the board, the remonstrator may file in the office of the clerk of the circuit court a copy of the order of the board, not including, unless he so desires, the maps, plans and specifications, and his remonstrance to them, together with his bond conditioned to pay the cost of the appeal if it is determined against him. All appeals shall be consolidated and heard as one (1) cause of action by the court, and the burden of proof is upon the remonstrators. The cause shall be tried and determined summarily by the court without the intervention of a jury, as other civil causes, and shall be given precedence over other matters pending in the court. Upon the trial of the cause, the court shall hear evidence upon the remonstrances and shall confirm the final action of the board on the resolution, or sustain the remonstrance or remonstrances to them, and the court may remand the resolution for further proceedings. If the resolution is confirmed the judgment of the court is conclusive upon all parties, and no appeal lies from the judgment.

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

As added by Acts 1980, P.L.8, SEC.70.
Ind. Code § 8-1-2.6-17 — Indiana Code / Title 8 / Article 1 / Chapter 2.6 / Section 8-1-2.6-17
Delegation of authority to grant numbering requests
Status: in_force

Sec. 17. The commission may delegate to staff the authority to grant requests for numbering resources submitted through the safety valve process established by the Federal Communications Commission as provided In the Matter of Numbering Resource Optimization: Implementation of the Local Competition Provisions of the Telecommunications Act of 1996, 17 FCC Rcd 252 (FCC 01-362, 2001). An action taken by commission staff under this section is appealable to the commission.

As added by P.L.219-2011, SEC.1.
Ind. Code § 8-1-2-42.1 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-42.1
Cost recovery; substitute natural gas contracts
Status: in_force

Sec. 42.1. (a) As used in this section, "substitute natural gas" means pipeline quality gas produced by a facility that uses a gasification process to convert coal into a gas capable of being used:

(1) by a utility to supply gas utility service to end use consumers in Indiana; or

(2) as a fuel used by a utility to produce electric power to supply electric utility service to end use consumers in Indiana.

(b) As used in this section, "customer choice program" means a program under which residential and commercial consumers located in the service area of a gas or electric utility may:

(1) purchase their supply from a provider other than the utility in the service area; and

(2) receive transportation service from the utility in the service area for the delivery of the supply purchased under subdivision (1) to the consumer's premises.

(c) Subject to IC 8-1-8.9 and notwithstanding any other law, if the commission approves a contract for the purchase of substitute natural gas, or electricity generated in connection with the production of substitute natural gas, by a utility, the commission shall allow the utility to recover the following costs on a timely basis throughout the term of the contract:

(1) All costs incurred in connection with and resulting from the utility's purchases under the contract, including the cost of the substitute natural gas and related costs for generation, transmission, transportation, and storage services.

(2) All costs the utility incurs in obtaining replacement gas if the seller fails to deliver substitute natural gas required to be delivered under the contract, including the price of the gas, and related transportation, storage, and hedging costs, to the extent those costs are not paid by the seller.

(3) Upon petition by the utility, any other costs the commission finds are reasonably necessary in association with the contract.

(d) Any costs recovered under subsection (c):

(1) are in addition to the recovery of other costs; and

(2) shall be made through an adjustment under section 42 of this chapter or another rate adjustment mechanism that allows for comparable timely cost recovery.

(e) If a customer choice program is implemented, expanded, or renewed for a utility during the term of a contract approved by order of the commission under subsection (c) that has the effect of reducing the utility's sales volumes, a condition of the authorization of that program must be the proportionate assignment of the gas or electric utility's substitute natural gas purchase obligation to the service providers in the customer choice program that meets the assignment requirements in the approved contract.

(f) Regardless of changes in market conditions or other circumstances, the commission may not take any action during the term of a contract approved under this section that adversely affects a utility's right to timely recover costs under this section or to otherwise fully recover such costs.

(g) With respect to utilities that are parties to a contract for the purchase of substitute natural gas approved by the commission under this section, the state covenants and agrees that as long as the contract is in effect the state will not limit, alter, or impair a utility's right to recover costs as provided in this section. Notwithstanding any other law, neither the commission nor any other state agency, political subdivision, or governmental unit may take any action that would have the effect of limiting, altering, or impairing a utility's right to recover costs as provided in this section.

As added by P.L.175-2007, SEC.9. Amended by P.L.52-2008, SEC.2.
Ind. Code § 8-17-7-8 — Indiana Code / Title 8 / Article 17 / Chapter 7 / Section 8-17-7-8
Repealed
Status: repealed

Formerly: Acts 1959, c.331, s.8. Repealed by Acts 1980, P.L.74, SEC.434.
Ind. Code § 8-4-10-5 — Indiana Code / Title 8 / Article 4 / Chapter 10 / Section 8-4-10-5
Sheriff as owner; nonresident, incompetent, or unknown party
Status: in_force

Sec. 5. If any of the owners of any intervening lands aforesaid shall be unknown, nonresident, or incompetent to act, then the occupant of such lands or the agent of such owner shall be deemed and taken to be the owner of such lands; and in case where such owner or agent is unknown and such lands are unoccupied, then, in all such cases, the sheriff of such county shall be deemed the owner of such lands for all the purposes contemplated in this chapter, and shall be paid two dollars ($2) per day for every day's service in and about such matter.

Formerly: Acts 1869(ss), c.46, s.5. As amended by P.L.62-1984, SEC.57.
Ind. Code § 8-10-1-1 — Indiana Code / Title 8 / Article 10 / Chapter 1 / Section 8-10-1-1
Construction of ports and economic development projects authorized
Status: in_force

Sec. 1. In order to promote the agricultural, industrial, and commercial development of the state and to provide for the general welfare by the construction and operation, in cooperation with the federal government, or otherwise, of a modern port system with terminal facilities to accommodate water, rail, truck, air-borne, and other forms of transportation, the ports of Indiana is hereby authorized and empowered to construct, maintain, and operate, in cooperation with the federal government, or otherwise, at such locations as shall be approved by the governor, projects, including without limitation public ports with terminal facilities and traffic exchange points throughout Indiana for all forms of transportation, giving particular attention to the benefits which may accrue to the state and its citizens from all forms of transportation, and issue revenue bonds of the state payable solely from revenues to pay the cost of such projects. The ports of Indiana's powers are not limited to ports and may be exercised throughout Indiana for projects that enhance, foster, aid, provide, or promote economic development, public-private partnerships, and other industrial, commercial, business, and transportation purposes.

Formerly: Acts 1961, c.11, s.1; Acts 1963, c.395, s.1; Acts 1965, c.224, s.1; Acts 1969, c.387, s.1; Acts 1971, P.L.88, SEC.1. As amended by P.L.224-2003, SEC.201 and P.L.271-2003, SEC.1; P.L.98-2008, SEC.9.
Ind. Code § 8-23-2-6.1 — Indiana Code / Title 8 / Article 23 / Chapter 2 / Section 8-23-2-6.1
Assumption of responsibilities under federal environmental laws
Status: in_force

Sec. 6.1. (a) The department may assume the responsibilities of the United States Department of Transportation with respect to the United States Department of Transportation's duties under the federal National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other federal environmental laws. The department may:

(1) assume responsibility under 23 U.S.C. 326 and 23 U.S.C. 327; and

(2) enter into one (1) or more agreements, including memoranda of understanding, with the United States Department of Transportation related to:

(A) designating categorical exclusions from federally required environmental assessments or impact statements for highway projects, as provided in 23 U.S.C. 326; and

(B) the federal surface transportation project delivery program for the delivery of transportation projects, including highway, railroad, public transportation, and multimodal projects, as provided in 23 U.S.C. 327.

(b) Except as provided in subsection (c), the department waives its immunity from civil liability, including immunity from suit in federal court, and consents to the jurisdiction of the federal courts over its civil liability with regard to the compliance, discharge, or enforcement of the responsibilities assumed by the department under subsection (a).

(c) Subsection (b) applies only to those actions that are authorized under subsection (a) and does not create liability for the department that exceeds the liability created under 23 U.S.C. 326 and 23 U.S.C. 327.

(d) The department may adopt rules under IC 4-22-2 to implement this section. The department may adopt the relevant federal environmental standards as the standards for a program described in subsection (a)(2).

As added by P.L.147-2026, SEC.8.
Ind. Code § 8-15.5-10-8 — Indiana Code / Title 8 / Article 15.5 / Chapter 10 / Section 8-15.5-10-8
Expedited method for dispute resolution
Status: in_force

Sec. 8. The authority shall establish an expedited method for resolving disputes between or among the authority, the parties to a public-private agreement, and units of local government that contain any part of the toll road project or facility project, and shall set forth that method in the public-private agreement.

As added by P.L.85-2010, SEC.12. Amended by P.L.213-2015, SEC.121.
Ind. Code § 8-15.7-14-1 — Indiana Code / Title 8 / Article 15.7 / Chapter 14 / Section 8-15.7-14-1
Cooperation by authority or department with other governmental entities
Status: in_force

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

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-1-44-7 — Indiana Code / Title 8 / Article 1 / Chapter 44 / Section 8-1-44-7
"Eligible utility"
Status: in_force

Sec. 7. As used in this chapter, "eligible utility" means a utility listed in 170 IAC 4-7-2(a) and any successor in interest to that utility.

As added by P.L.137-2025, SEC.1.
Ind. Code § 8-22-3.7-1 — Indiana Code / Title 8 / Article 22 / Chapter 3.7 / Section 8-22-3.7-1
"Airport project"
Status: in_force

Sec. 1. As used in this chapter, "airport project" has the meaning set forth in IC 8-22-3.6-2.

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

Sec. 2. There is established a distressed road fund which is to be administered by the Indiana department of transportation. The distressed road fund is a nonbudgetary, nonreverting fund.

As added by Acts 1981, P.L.88, SEC.12. Amended by P.L.18-1990, SEC.113.
Ind. Code § 8-1-8.8-8 — Indiana Code / Title 8 / Article 1 / Chapter 8.8 / Section 8-1-8.8-8
"New energy production or generating facility"
Status: in_force

Sec. 8. (a) As used in this chapter, "new energy production or generating facility" refers to a generation or coal gasification facility that satisfies all of the following:

(1) The facility produces energy primarily from coal or gases from coal from the geological formation known as the Illinois Basin.

(2) The facility is a:

(A) newly constructed or newly repowered energy plant; or

(B) newly constructed capacity expansion at an existing plant;

dedicated primarily to serving Indiana retail customers.

(3) The repowering, construction, or expansion of the facility was begun by an Indiana utility after July 1, 2002.

(4) Except for a facility that is a clean energy project under section 2(2) of this chapter, the facility has an aggregate rated electric generating capacity of at least one hundred (100) megawatts for all units at one (1) site or a generating capacity of at least four hundred thousand (400,000) pounds per hour of steam.

(b) The term includes the transmission lines, gas transportation facilities, and associated equipment employed specifically to serve a new energy production or generating facility.

As added by P.L.159-2002, SEC.6. Amended by P.L.175-2007, SEC.16; P.L.150-2011, SEC.6.
Ind. Code § 8-16-15.5-7 — Indiana Code / Title 8 / Article 16 / Chapter 15.5 / Section 8-16-15.5-7
Powers
Status: in_force

Sec. 7. (a) The bridge authority may do the following:

(1) Accept the assets of the commission.

(2) Hold, exchange, lease, rent, sell (by conveyance by deed, land sale contract, or other instrument), use, or otherwise dispose of property acquired for the purpose of implementing this chapter.

(3) Prescribe the duties and regulate the compensation of the employees of the bridge authority.

(4) Provide a pension and retirement system for employees of the bridge authority through use of the Indiana public employees' retirement fund.

(5) Contract for the alteration, construction, extension, improvement, rehabilitation, or restoration of the bridge.

(6) Accept grants, loans, and other forms of financial assistance from the federal government, the state government, a political subdivision (as defined in IC 36-1-2-13), a foundation, or any other source.

(7) Establish and revise, as necessary, any charge or toll assessed for transit over the bridge.

(8) Collect or cause to be collected any charge or toll assessed for transit over the bridge.

(9) Borrow money, make guaranties, issue bonds, and otherwise incur indebtedness for any of the bridge authority's purposes.

(10) Issue debentures, notes, or other evidences of indebtedness, whether secured or unsecured, to any person, as provided in this chapter.

(b) The bridge authority may exercise any of the powers authorized by this chapter in the state of Illinois to the extent provided:

(1) under Illinois law; or

(2) through a joint action taken with Illinois or an Illinois entity as described in section 2(c) of this chapter.

As added by P.L.185-2018, SEC.27.
Ind. Code § 8-1-40.5-2 — Indiana Code / Title 8 / Article 1 / Chapter 40.5 / Section 8-1-40.5-2
"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.80-2021, SEC.1.
Ind. Code § 8-17-3-8 — Indiana Code / Title 8 / Article 17 / Chapter 3 / Section 8-17-3-8
Repealed
Status: repealed

Formerly: Acts 1933, c.27, s.8. As amended by P.L.86-1988, SEC.113. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-1-26-3.5 — Indiana Code / Title 8 / Article 1 / Chapter 26 / Section 8-1-26-3.5
"Communications service"
Status: in_force

Sec. 3.5. As used in this chapter, "communications service" has the meaning set forth in IC 8-1-32.5-3.

As added by P.L.200-2014, SEC.1.
Ind. Code § 8-4-1-19 — Indiana Code / Title 8 / Article 4 / Chapter 1 / Section 8-4-1-19
Eminent domain; stay of proceedings; perfecting defective title
Status: in_force

Sec. 19. At any time after an attempt to acquire title by appraisal of damages or otherwise, if it shall be found that the title thereby attempted to be acquired is defective, the rail carrier may proceed anew to acquire or perfect the same in the same manner as if no appraisal had been made. At any stage of such new proceedings, the court may authorize the rail carrier, if in possession, to continue in possession, and, if not in possession, to take possession of and use such real estate during the pendency and until the final conclusion of such new proceedings; and may stay all actions and proceedings against the rail carrier, or any officer, agent or workman of the rail carrier, on account thereof, on the rail carrier paying into court a sufficient sum, as the court may direct to pay the compensation therefor when finally ascertained; and in every such case, the party interested in such real estate may conduct the proceedings to a conclusion, if the rail carrier delays or omits to prosecute the same.

Formerly: Acts 1852, 1RS, c.83, s.18. As amended by P.L.146-2017, SEC.8.
Ind. Code § 8-1-31.6-4 — Indiana Code / Title 8 / Article 1 / Chapter 31.6 / Section 8-1-31.6-4
"Water utility"
Status: in_force

Sec. 4. (a) As used in this chapter, "water utility" means:

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

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

that provides water service to the public, and that is under the commission's authority with respect to rates and charges.

(b) For purposes of this chapter, a municipally owned utility includes a utility company owned, operated, or held in trust by a consolidated city.

As added by P.L.91-2017, SEC.8. Amended by P.L.137-2020, SEC.2; P.L.6-2024, SEC.2.
Ind. Code § 8-1-2-4.7 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-4.7
Levelized billing plans for income eligible electric customers; option to opt out; reconciliation mechanism; customer notice; use of term "budget billing" prohibited
Status: in_force

Sec. 4.7. (a) As used in this section, "levelized billing plan" means a levelized payment plan, however denominated, that:

(1) applies to a customer's account with an electricity supplier;

(2) provides for the payment of a customer's bill in equal monthly installments; and

(3) involves a reconciliation mechanism in which:

(A) the amount of utility service actually used by the customer during a specified period is compared with the amount of utility service for which the customer was billed under the plan during the specified period; and

(B) the customer's account is either billed or credited, as appropriate, for any difference identified under clause (A).

(b) As used in this section, "customer" refers to a residential customer who has agreed to pay for utility service from an electricity supplier under the electricity supplier's standard residential tariff. The term does not include a residential customer who has agreed to pay for utility service from an electricity supplier under an alternative billing tariff approved by the commission.

(c) As used in this section, "electricity supplier" means a person, other than a municipally owned utility (as defined in IC 8-1-2-1(h)), that:

(1) provides utility service to customers; and

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

(d) As used in this section, "utility service" means electric service that is provided at retail to customers.

(e) An electricity supplier shall do the following:

(1) Beginning with the first monthly billing cycle that begins after June 30, 2026, apply a levelized billing plan to all active customer accounts:

(A) for utility service provided under the electricity supplier's standard residential tariff to a customer who is part of a household that is eligible for and has applied for assistance from a home energy assistance program administered under IC 4-4-33; and

(B) to which a levelized billing plan does not already apply.

(2) Not later than April 1, 2026, offer each customer of the electricity supplier a mechanism, through one (1) or more methods described in subsection (f)(4), by which the customer may opt out of a levelized billing plan at any time, without penalty, before or after the levelized billing plan is applied to the customer's account, subject to the reconciliation mechanism described in subsection (a)(3).

(3) Not later than July 1, 2026, for any levelized billing plan offered by the electricity supplier and applied to an active customer account, regardless of the date the levelized billing plan was first offered or applied, amend or design the levelized billing plan, as applicable, so that the reconciliation mechanism described in subsection (a)(3) is applied at such times during a calendar year to reflect, to the extent possible, typical seasonal patterns of electricity usage by residential customers, but not more than two (2) times during a calendar year.

(f) Not later than April 1, 2026, an electricity supplier shall provide to each customer described in subsection (e)(1) a written notice that:

(1) informs the customer that a levelized billing plan will be applied to the customer's account beginning with the first monthly billing cycle that begins after June 30, 2026, if a levelized billing plan does not already apply to the customer's account;

(2) describes, in clear language that is easily understandable to a lay person, the reconciliation mechanism described in subsection (a)(3), including an explanation of:

(A) the number of times during a calendar year that the reconciliation mechanism will be applied to the customer's account, subject to subsection (e)(3);

(B) for each time during a calendar year that the reconciliation mechanism will be applied, the monthly billing cycle after which the reconciliation mechanism will be applied; and

(C) the method by which the electricity supplier will:

(i) compare the amount of utility service actually used by the customer with the amount of utility service for which the customer was billed under the plan during the billing cycles that are being reconciled; and

(ii) either bill or credit the customer's account, as appropriate, for any difference identified under item (i);

(3) offers the customer a mechanism, through one (1) or more methods described in subdivision (4), by which the customer may opt out of a levelized billing plan at any time, without penalty, before or after the levelized billing plan is applied to the customer's account, subject to the reconciliation mechanism described in subsection (a)(3); and

(4) is delivered to the customer by one (1) or more of the following methods:

(A) United States mail.

(B) Electronic mail.

(C) A mobile application or another Internet based method.

(g) Not later than April 1, 2026, an electricity supplier shall post on its website the information set forth in subsection (f)(2) and (f)(3) for each levelized billing plan offered by the electricity supplier, regardless of the date the levelized billing plan was first offered.

(h) Except as provided in subsection (i), an electricity supplier may not refer to or promote a levelized billing plan required under this section as a "budget billing plan" in:

(1) the information required to be posted on the electricity supplier's website under subsection (g);

(2) any customer bill that is issued after June 30, 2026; or

(3) any customer or external communications made after June 30, 2026.

(i) The prohibition set forth in subsection (h) does not apply with respect to a billing plan that provides for levelized payments if the plan also allows a customer to:

(1) pay current or past due amounts for utility service in lower amounts, over an extended period of time, or according to another schedule agreed upon by the electricity supplier and the customer;

(2) defer the payment of current or past due amounts for utility service to some future date; or

(3) receive a forbearance with respect to the payment of certain amounts owed.

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

As added by P.L.36-2026, SEC.2.
Ind. Code § 8-1-2.6-0.5 — Indiana Code / Title 8 / Article 1 / Chapter 2.6 / Section 8-1-2.6-0.5
"Rates and charges"
Status: in_force

Sec. 0.5. As used in this chapter, "rates and charges", with respect to basic telecommunications service, means the monthly charge to a customer for basic telecommunications service, including:

(1) recurring charges for flat rate and message rate service; and

(2) any nonrecurring charge for installation or a line or service connection.

As added by P.L.27-2006, SEC.10.
Ind. Code § 8-1-34-14 — Indiana Code / Title 8 / Article 1 / Chapter 34 / Section 8-1-34-14
"Video service"
Status: in_force

Sec. 14. (a) As used in this chapter, "video service" means:

(1) the transmission to subscribers of video programming and other programming service by a video service provider:

(A) through facilities located at least in part in a public right-of-way; and

(B) without regard to the technology used to deliver the video programming or other programming service; and

(2) any subscriber interaction required for the selection or use of the video programming or other programming service.

(b) The term does not include:

(1) commercial mobile service (as defined in 47 U.S.C. 332);

(2) direct to home satellite service (as defined in 47 U.S.C. 303(v)); or

(3) video programming accessed via a service that enables users to access content, information, electronic mail, or other services offered over the Internet, including digital audiovisual works (as defined in IC 6-2.5-1-16.3).

As added by P.L.27-2006, SEC.58. Amended by P.L.236-2023, SEC.123.
Ind. Code § 8-22-3.7-7 — Indiana Code / Title 8 / Article 22 / Chapter 3.7 / Section 8-22-3.7-7
Meetings; quorum
Status: in_force

Sec. 7. (a) Immediately after January 15 of each year, the development board shall hold an organizational meeting. It shall elect one (1) of the members of the development board president, another vice president, and another secretary-treasurer to perform the duties of those offices. These officers serve from the date of their election and until their successors are elected and qualified. The development board may elect an assistant secretary-treasurer.

(b) Special meetings may be called by the president of the development board or any two (2) members of the development board.

(c) A majority of the members constitutes a quorum, and the concurrence of a majority of the members is necessary to authorize any action.

As added by P.L.108-1993, SEC.11.
Ind. Code § 8-22-3-15 — Indiana Code / Title 8 / Article 22 / Chapter 3 / Section 8-22-3-15
Eminent domain; procedures
Status: in_force

Sec. 15. (a) The board:

(1) may exercise the power of eminent domain to carry out this chapter;

(2) may award damages to landowners for real estate and property rights appropriated; and

(3) if the board cannot agree with the owners, lessees, or occupants of real estate selected by the board for the purposes in this chapter, may procure the condemnation of the property.

The board may proceed under IC 32-24-1. IC 32-24-1 applies to airports, landing fields, and restricted zones adjoining them to the extent that it is not inconsistent with this chapter.

(b) This subsection applies only to a municipality. A board may exercise the power of eminent domain under this section within four (4) miles outside of the municipality's corporate boundaries. However, with regard to an airport in existence on January 1, 2019, the board may exercise the power of eminent domain to acquire land contiguous to the airport that is located more than four (4) miles from the corporate boundaries of the municipality.

(c) If the land on and across which it is necessary to establish and fix a restricted zone is already in use for another public purpose or has been condemned or appropriated for a use authorized by statute, and is being used for that purpose by the corporation so appropriating it, the public use or prior condemnation does not bar the right of the board to condemn the use of ground for aviation purposes. Use by the board does not permanently prevent the use of the land for the prior public use or by the corporation condemning or appropriating it.

(d) In a proceeding prosecuted by the board to condemn the use of land for purposes permitted by this chapter, the burden is upon the board to show that its use will not permanently or seriously interfere with the continued public use of the land or by the corporation condemning it, or its successors. However, in the proceeding the board may require the removal or the burying beneath the surface of the ground of wires, cables, power lines, or other structures within a restricted zone established under this chapter.

(e) The board may not take or disturb property or facilities belonging to a public utility or common carrier engaged in interstate commerce if the property or facilities are required for the proper and convenient operation of the utility or carrier, unless provision is made for the restoration, relocation, or duplication of the property or facilities elsewhere, at the sole cost of the board.

[Pre-Local Government Recodification Citations: 19-6-2-17; 19-6-3-18; 19-6-3.5-19.]

As added by Acts 1980, P.L.8, SEC.73. Amended by Acts 1980, P.L.79, SEC.3; P.L.2-2002, SEC.47; P.L.277-2019, SEC.3.
Ind. Code § 8-4-1-0.3 — Indiana Code / Title 8 / Article 4 / Chapter 1 / Section 8-4-1-0.3
"Corporation"
Status: in_force

Sec. 0.3. As used in this chapter, unless the context clearly requires otherwise, "corporation" includes a foreign corporation, partnership, or limited liability company authorized to do business in Indiana.

As added by P.L.146-2017, SEC.2.
Ind. Code § 8-25-4-10 — Indiana Code / Title 8 / Article 25 / Chapter 4 / Section 8-25-4-10
Carrying out a public transportation project in a township that opts-in
Status: in_force

Sec. 10. If a public transportation project is authorized by a local public question held in a township under IC 8-25-6, the fiscal body of the eligible county in which the township is located shall carry out the public transportation project. An eligible county may exercise any power authorized by this chapter in carrying out the public transportation project in the township. Any duty imposed upon an eligible county by this chapter applies with respect to a public transportation project carried out in the township.

As added by P.L.153-2014, SEC.17.
Ind. Code § 8-14-15.2-4 — Indiana Code / Title 8 / Article 14 / Chapter 15.2 / Section 8-14-15.2-4
"Trustee"
Status: in_force

Sec. 4. As used in this chapter, "trustee" refers to the trustee of the trust designated under section 8 of this chapter.

As added by P.L.189-2018, SEC.79.
Ind. Code § 8-14.5-3-1 — Indiana Code / Title 8 / Article 14.5 / Chapter 3 / Section 8-14.5-3-1
Project and transportation system contracts
Status: in_force

Sec. 1. The authority may contract with the department for construction, ownership, maintenance, and operation of projects and transportation systems.

As added by P.L.68-1988, SEC.12.
Ind. Code § 8-1-1.5-7 — Indiana Code / Title 8 / Article 1 / Chapter 1.5 / Section 8-1-1.5-7
Meetings; rules
Status: in_force

Sec. 7. (a) The nominating committee shall meet from time to time as may be necessary to discharge its responsibilities under this chapter. Meetings of the committee shall be called by its chairman, or in the event of his failure to call a meeting when a meeting may be necessary, upon the call of any four (4) members of the committee. The chairman, whenever he deems a meeting necessary or upon the request of any four (4) members of the committee for a meeting, shall give each member of the committee at least five (5) days written notice by mail of the time and place of every meeting, unless the committee at its previous meeting designated the time and place of its next meeting.

(b) Meetings of the nominating committee are to be held at such a place in Indiana as the chairman of the committee may arrange.

(c) The nominating committee shall act only at a meeting and may act only on the concurrence of a majority of its members attending a meeting. Four (4) members shall constitute a quorum. The committee has the power to adopt rules under IC 4-22-2 for the conduct of its proceedings and the discharge of its duties. These rules shall include procedures by which eligible candidates for a vacancy on the commission may submit their names to the nominating committee.

As added by P.L.43-1983, SEC.8.
Ind. Code § 8-6-7.6-1.1 — Indiana Code / Title 8 / Article 6 / Chapter 7.6 / Section 8-6-7.6-1.1
Repealed
Status: repealed

As added by P.L.2-2013, SEC.2. Amended by P.L.205-2014, SEC.1. Repealed by P.L.198-2016, SEC.64.
Ind. Code § 8-23-5-8 — Indiana Code / Title 8 / Article 23 / Chapter 5 / Section 8-23-5-8
Installation of vending machines in interstate highway rest areas
Status: in_force

Sec. 8. (a) The department may install vending machines for items including food, drink, candy, and first aid kits in rest areas on the interstate highway system.

(b) Installation of the vending machines must conform with federal and Indiana law.

As added by P.L.18-1990, SEC.214. Amended by P.L.28-2004, SEC.75; P.L.130-2018, SEC.32.
Ind. Code § 8-1-46.1-8 — Indiana Code / Title 8 / Article 1 / Chapter 46.1 / Section 8-1-46.1-8
"Properly sized"
Status: in_force

Sec. 8. As used in this chapter, "properly sized" refers to the sizing and configuration of a grease trap or grease interceptor in accordance with:

(1) good engineering practice;

(2) state plumbing codes; and

(3) manufacturer specifications;

sufficient to prevent fats, oils, and grease from entering a sewer system or a nonresidential onsite sewage system in quantities that cause blockages, interference, or maintenance problems.

As added by P.L.95-2026, SEC.1.
Ind. Code § 8-1-18-1 — Indiana Code / Title 8 / Article 1 / Chapter 18 / Section 8-1-18-1
Authority to encumber
Status: in_force

Sec. 1. Any telephone company that does not have more than five thousand (5,000) subscribers and operating within the state of Indiana, may, upon the authorization of its board of directors and without the approval of its shareholders, execute and deliver a mortgage or mortgages, a deed or deeds of trust, pledge or encumber any or all of the property, assets, rights, privileges, licenses, franchises and permits of such telephone company, whether acquired or to be acquired and wherever situated, as well as the revenues therefrom, all upon such terms and conditions as the board of directors shall determine, to secure an indebtedness of such telephone company to the United States of America or any agency or instrumentality thereof: Provided, however, That a notice of the intention to execute such mortgage shall be given by the telephone company in two (2) newspapers of general circulation in the county in which the principal office of such company is located, and if there be only one (1) newspaper published in such county, publication in one (1) newspaper will be sufficient.

Formerly: Acts 1955, c.193, s.1.
Ind. Code § 8-4.5-3-5 — Indiana Code / Title 8 / Article 4.5 / Chapter 3 / Section 8-4.5-3-5
Petition regarding corridor not identified for preservation
Status: in_force

Sec. 5. The Indiana department of transportation, in cooperation with any of the following, may file a petition with the United States Surface Transportation Board for public use conditions on any corridor not described in section 4 of this chapter and for which a petition has been filed:

(1) The department of natural resources.

(2) Local government agencies.

(3) Statewide utility associations.

(4) Nonprofit special interest groups.

As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.5.
Ind. Code § 8-22-3.5-11 — Indiana Code / Title 8 / Article 22 / Chapter 3.5 / Section 8-22-3.5-11
Rules and procedures; adjustment of base assessed value
Status: in_force

Sec. 11. (a) The state board of accounts and the department of local government finance shall make the rules and prescribe the forms and procedures that the state board of accounts and department consider appropriate for the implementation of this chapter.

(b) After each reassessment under IC 6-1.1-4, the county auditor shall, on forms prescribed by the department of local government finance, adjust the base assessed value (as defined in section 9 of this chapter) one (1) time to neutralize any effect of the reassessment on the property tax proceeds allocated to the airport development zone's special funds under section 9 of this chapter.

(c) After each annual adjustment under IC 6-1.1-4-4.5, the county auditor shall, on forms prescribed by the department of local government finance, adjust the base assessed value (as defined in section 9 of this chapter) to neutralize any effect of the annual adjustment on the property tax proceeds allocated to the airport development zone's special funds under section 9 of this chapter.

(d) The county auditor shall, in the manner prescribed by the department of local government finance, submit the forms required by this section to the department of local government finance no later than July 15 of each year.

As added by P.L.86-1991, SEC.1. Amended by P.L.90-2002, SEC.333; P.L.154-2006, SEC.66; P.L.86-2018, SEC.144; P.L.157-2026, SEC.204.
Ind. Code § 8-2-15-9 — Indiana Code / Title 8 / Article 2 / Chapter 15 / Section 8-2-15-9
Banks of river or creek
Status: in_force

Sec. 9. All persons, companies, or corporations keeping, having, or maintaining any public ferries across any stream to and from any point in Indiana shall cause the banks of the river or creek to be dug sufficiently low and kept in good passable order for the passage of persons, horses, and wagons and other vehicles.

Formerly: Acts 1881(ss), c.52, s.9. As amended by P.L.4-2006, SEC.1.
Ind. Code § 8-3-2-2 — Indiana Code / Title 8 / Article 3 / Chapter 2 / Section 8-3-2-2
Freight cars or locomotives; duty to provide and maintain
Status: in_force

Sec. 2. All carriers subject to the provisions of this chapter are required to provide and to maintain in serviceable condition the number of suitable and substantial freight cars necessary to promptly supply the demands on their respective lines in this state for the prompt and expeditious shipment of all freight in carload lots. All such carriers are also required to provide and maintain in serviceable condition the number of suitable and substantial locomotives and other appliances and facilities necessary to promptly and expeditiously transport from point of origin to destination in this state all freight in carload lots which shall originate on their respective lines in this state and be tendered for transportation.

Formerly: Acts 1907, c.231, s.2. As amended by P.L.62-1984, SEC.14.
Ind. Code § 8-1-2.6-4 — Indiana Code / Title 8 / Article 1 / Chapter 2.6 / Section 8-1-2.6-4
Annual commission report to interim study committee; annual interim study committee report to legislative council
Status: in_force

Sec. 4. (a) As used in this section, "committee" means the interim study committee on energy, utilities, and telecommunications established by IC 2-5-1.3-4.

(b) In addition to reviewing the commission's annual report prepared under IC 8-1-1-14, the committee may also issue a report and recommendations to the legislative council by November 1 of each year that is based on a review of the following issues:

(1) The effects of competition and technological change in the telecommunications industry and impact of competition on available subsidies used to maintain universal service.

(2) The status of modernization of the publicly available telecommunications infrastructure in Indiana and the incentives required to further enhance this infrastructure.

(3) The effects on economic development and educational opportunities of the modernization described in subdivision (2).

(4) The current methods of regulating providers, at both the federal and state levels, and the effectiveness of the methods.

(5) The economic and social effectiveness of current telecommunications service pricing.

(6) All other telecommunications issues the committee deems appropriate.

The report and recommendations issued under this subsection to the legislative council must be in an electronic format under IC 5-14-6.

(c) The committee shall, with the approval of the commission, retain the independent consultants the committee considers appropriate to assist the committee in the review and study. The expenses for the consultants shall be paid by the commission.

As added by P.L.92-1985, SEC.1. Amended by P.L.23-1988, SEC.33; P.L.55-1992, SEC.1; P.L.224-2003, SEC.277; P.L.28-2004, SEC.71; P.L.27-2006, SEC.20; P.L.62-2009, SEC.1; P.L.256-2013, SEC.6; P.L.241-2013, SEC.1; P.L.53-2014, SEC.76; P.L.177-2021, SEC.4; P.L.9-2022, SEC.13; P.L.71-2022, SEC.3.
Ind. Code § 8-17-1-36 — Indiana Code / Title 8 / Article 17 / Chapter 1 / Section 8-17-1-36
Repealed
Status: repealed

Formerly: Acts 1919, c.112, s.36. As amended by Acts 1981, P.L.11, SEC.60; P.L.86-1988, SEC.98. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-1-8.9-5 — Indiana Code / Title 8 / Article 1 / Chapter 8.9 / Section 8-1-8.9-5
"Qualified contract" defined
Status: in_force

Sec. 5. As used in this chapter, "qualified contract" means a contract with a term of at least thirty (30) years for the sale of substitute natural gas to an energy utility.

As added by P.L.175-2007, SEC.21.
Ind. Code § 8-1-40.5-14 — Indiana Code / Title 8 / Article 1 / Chapter 40.5 / Section 8-1-40.5-14
Transfer of securitization property
Status: in_force

Sec. 14. (a) If an agreement by an electric utility or an assignee to transfer securitization property expressly states that the transfer is a sale or is otherwise an absolute transfer:

(1) the resulting transaction:

(A) is a true sale; and

(B) is not a secured transaction; and

(2) title, both legal and equitable, passes to the person to which the securitization property is transferred.

(b) A transaction resulting from an agreement described in subsection (a) is a true sale regardless of:

(1) whether the purchaser has any recourse against the seller; or

(2) any other term of the agreement, including the following:

(A) The seller's retention of an equity interest in the securitization property.

(B) The fact that the electric utility acts as a collector of securitization charges relating to the securitization property.

(C) The treatment of the transfer as a financing for tax, financial reporting, or other purposes.

As added by P.L.80-2021, SEC.1.
Ind. Code § 8-10-5-12 — Indiana Code / Title 8 / Article 10 / Chapter 5 / Section 8-10-5-12
Private enterprise; participation in construction and operation of facilities
Status: in_force

Sec. 12. The port authority shall foster and encourage the participation of private enterprise in the development of the port facilities to the fullest extent it deems practicable in the interest of limiting the necessity of construction and operation of such facilities by the port authority. In this respect the port authority may upon its own motion or upon the written request of any other party advertise and solicit for the construction, operation and/or maintenance of any facility included in the development plan in accordance to plans, specifications and regulations therefor prepared by the board of directors.

It is further provided that in the event the board of directors deems it advisable and practicable, said board may cause certain facilities included in the development plan to be installed by private enterprise and leased back to the port authority on an instalment contract or option to purchase. The exercise of any power granted to the port authority under the provisions of this section shall be consummated and regulated in accordance with detailed provisions set out and enacted into proper legislation by the governing body or governing bodies creating such port authority.

Formerly: Acts 1959, c.343, s.12; Acts 1961, c.247, s.4.
Ind. Code § 8-23-20-19 — Indiana Code / Title 8 / Article 23 / Chapter 20 / Section 8-23-20-19
Rules and regulations for screening and fencing
Status: in_force

Sec. 19. The department shall adopt rules to govern the location, planting, construction, and maintenance of screens and fences required under this chapter.

As added by P.L.18-1990, SEC.229.
Ind. Code § 8-21-9-31 — Indiana Code / Title 8 / Article 21 / Chapter 9 / Section 8-21-9-31
Tax exemptions; tax assessments
Status: in_force

Sec. 31. (a) The exercise of the powers granted by this chapter 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, and as the operation and maintenance of an airport facility or airport facilities by the department will constitute the performance of essential governmental functions, the department shall not be required to pay any taxes or assessments upon any airport facility or airport facilities or any property acquired or used by the department under the provisions of this chapter, or upon the income therefrom, and the bonds issued under the provisions of this chapter, 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.

(b) All properties both real and personal owned and operated by the department or leased by the department for proprietary purposes shall be assessed and added to the local tax rolls as any other private property. Such proprietary operations, under control of either the authority or a lessee of the department, shall be subject to Indiana adjusted gross income and sales tax laws.

Formerly: Acts 1971, P.L.105, SEC.2. As amended by Acts 1980, P.L.74, SEC.362; P.L.21-1990, SEC.41; P.L.254-1997(ss), SEC.15; P.L.192-2002(ss), SEC.145; P.L.79-2017, SEC.56.
Ind. Code § 8-1-2.6-1.3 — Indiana Code / Title 8 / Article 1 / Chapter 2.6 / Section 8-1-2.6-1.3
Measured local service prohibited
Status: in_force

Sec. 1.3. A provider that offers basic telecommunications service in Indiana:

(1) must offer a flat monthly rate with unlimited local calling for basic telecommunications service in each local exchange area in Indiana in which the provider offers basic telecommunications service; and

(2) may not, in any local exchange area in Indiana in which the provider offers basic telecommunications service, offer any service plan for basic telecommunications service that includes measured local service.

As added by P.L.27-2006, SEC.16. Amended by P.L.256-2013, SEC.3.
Ind. Code § 8-23-1.1-33 — Indiana Code / Title 8 / Article 23 / Chapter 1.1 / Section 8-23-1.1-33
"Road paving material"
Status: in_force

Sec. 33. "Road paving material" means bituminous or portland concrete surfaces.

As added by P.L.145-2026, SEC.37.
Ind. Code § 8-1-2-26 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-26
Financial statements and accounts
Status: in_force

Sec. 26. Each public utility shall furnish to the commission in such form and at such time as the commission shall require, such accounts, reports, and information as will show in itemized detail:

(1) the depreciation per unit;

(2) the salaries and wages separately per unit;

(3) legal expenses per unit;

(4) taxes and rentals separately per unit;

(5) the quantity and value of material used per unit;

(6) the receipts from residuals, byproducts, services or other sales, separately per unit;

(7) the total and net cost per unit;

(8) the gross and net profit per unit;

(9) the dividends and interest per unit;

(10) surplus or reserve per unit;

(11) the prices per unit paid by consumer;

(12) names of, and amount of fees paid to, legal counsel who are not employees;

(13) names of, and amount of fees paid to, other consultants; and

(14) such other items, whether of a nature similar to those hereinbefore enumerated or otherwise, as the commission may prescribe, in order to show completely and in detail the entire operation of the public utility in furnishing the unit of its product or service for the public.

Formerly: Acts 1913, c.76, s.29. As amended by P.L.103-1983, SEC.1.
Ind. Code § 8-1-2.6-5 — Indiana Code / Title 8 / Article 1 / Chapter 2.6 / Section 8-1-2.6-5
Repealed
Status: repealed

As added by P.L.92-1985, SEC.1. Repealed by P.L.27-2006, SEC.61.
Ind. Code § 8-14-15.1-14 — Indiana Code / Title 8 / Article 14 / Chapter 15.1 / Section 8-14-15.1-14
Examination by state board of accounts
Status: in_force

Sec. 14. Any records, files, or documents relating to the trust may be examined by the state board of accounts at a time selected by the state board of accounts. The trustee shall upon request of the state board of accounts:

(1) produce and submit any records, files, or documents related to the trust; and

(2) assist in every way the state board of accounts in its work in making an examination.

As added by P.L.217-2017, SEC.69.
Ind. Code § 8-22-3.7-4 — Indiana Code / Title 8 / Article 22 / Chapter 3.7 / Section 8-22-3.7-4
"Development board"
Status: in_force

Sec. 4. As used in this chapter, "development board" refers to the board of directors of a development authority.

As added by P.L.108-1993, SEC.11.
Ind. Code § 8-23-8-9 — Indiana Code / Title 8 / Article 23 / Chapter 8 / Section 8-23-8-9
Offenses
Status: in_force

Sec. 9. (a) A person may not do any of the following upon a limited access facility:

(1) Drive a vehicle over, upon, or across a curb, central dividing section, or other separation or dividing line.

(2) Make a left turn or a semicircular or U-turn except through an opening provided for the purpose in the dividing curb, separation, section, or line.

(3) Drive a vehicle except in the proper lane provided for that purpose, in the proper direction, and to the right of the central dividing curb, separation, section, or line.

(4) Drive a vehicle into the facility from a local service road except through an opening provided for that purpose in the dividing curb, section, separation, or line that separates the local service road from the facility.

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

As added by P.L.18-1990, SEC.217.
Ind. Code § 8-1-2-33 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-33
Standard measurements for units of product or service
Status: in_force

Sec. 33. The commission shall ascertain and fix adequate and serviceable standards for the measurement of quality, pressure, initial voltage, or other conditions pertaining to the supply of the product or service rendered by any public utility and prescribe reasonable regulations for examinations and testing of such product or service and for the measurement thereof.

Formerly: Acts 1913, c.76, s.36.
Ind. Code § 8-21-9-21 — Indiana Code / Title 8 / Article 21 / Chapter 9 / Section 8-21-9-21
Airport fund
Status: in_force

Sec. 21. A special and distinct revolving fund is hereby created, to be known as the "Airport Fund." Expenditures from the fund shall be made only for the acquisition of land including lands under water and riparian rights, or options for the purchase of such land for an airport or airport facility site, and incidental expenses incurred in connection with such acquisition, for the preparation of plans and specifications for any part or all of the airport or airport facility, for studies in connection with the airport or airport facility, and for administrative expenses of the department. The fund shall be held in the name of the department, shall be administered by the department, and all expenditures therefrom shall be made by the department, subject, however, to the approval by the governor, the state budget agency, and the state budget committee of all expenditures of moneys advanced to the fund by the State of Indiana. Requests for such approval shall be made in such form as shall be prescribed by the budget agency, but expenditures for acquisition of land including lands under water and riparian rights, or options for the purchase of such land, shall be specifically requested and approved as to the land to be acquired and the amount to be expended. No transfers from said fund to any other fund of the state shall be made except pursuant to legislative action.

Upon the sale of airport revenue bonds for any airport facility or airport facilities, the funds expended from the "Airport Fund" in connection with the development of such airport facility or airport facilities and any obligation or expense incurred by the department for surveys, preparation of plans and specifications, and other engineering or other services in connection with development of such project shall be reimbursed to the "Airport Fund" from the proceeds of such bonds.

Formerly: Acts 1971, P.L.105, SEC.2. As amended by Acts 1980, P.L.74, SEC.352.
Ind. Code § 8-1-30-2 — Indiana Code / Title 8 / Article 1 / Chapter 30 / Section 8-1-30-2
"Utility company" defined
Status: in_force

Sec. 2. As used in this chapter, "utility company" refers to either of the following:

(1) A public utility that provides water or sewer service.

(2) A regional sewer and water district.

The term does not include a municipally owned utility.

As added by P.L.145-1999, SEC.7.
Ind. Code § 8-14-15.1-11 — Indiana Code / Title 8 / Article 14 / Chapter 15.1 / Section 8-14-15.1-11
Treasurer of state to administer and manage trust
Status: in_force

Sec. 11. (a) The treasurer of state shall:

(1) administer and manage the trust;

(2) invest the money in the trust at the direction of the trustee consistent with the investment policies adopted by the board; and

(3) deposit in the trust:

(A) any accrued interest from the investment of money in the trust;

(B) proceeds from the sale of trust assets; and

(C) other income or returns from the investment of money in the trust.

(b) Notwithstanding IC 5-13, the treasurer of state shall invest the money in the trust not currently needed to meet the obligations of the trust under the investment policies adopted by the board. The treasurer of state on behalf of the board may contract with investment management professionals, investment advisers, and legal counsel to assist in the investment of the trust and may pay the expenses incurred under those contracts from the trust.

(c) IC 4-9.1-1-8 and IC 4-9.1-1-9 do not apply to a trust established under this chapter.

(d) Money and investments in the trust at the end of the state fiscal year do not revert to the state general fund.

As added by P.L.217-2017, SEC.69.
Ind. Code § 8-6-7-2 — Indiana Code / Title 8 / Article 6 / Chapter 7 / Section 8-6-7-2
Repealed
Status: repealed

Formerly: Acts 1931, c.89, s.2. As amended by Acts 1965, c.200, s.2. Repealed by Acts 1973, P.L.66, SEC.2.
Ind. Code § 8-1-17.5-24 — Indiana Code / Title 8 / Article 1 / Chapter 17.5 / Section 8-1-17.5-24
Corporation to provide reasonably adequate service; reasonable and just charges; return of excess revenues to members; Rural Utility Service borrowers
Status: in_force

Sec. 24. (a) A surviving corporation or successor corporation formed under this chapter shall be required to furnish reasonably adequate:

(1) retail electric service or communications service, or both; and

(2) facilities for furnishing any service described in subdivision (1) that is provided by the surviving corporation or successor corporation.

The charge made by a surviving corporation or successor corporation for any service rendered or to be rendered, either directly or in connection with the service, must be nondiscriminatory, reasonable, and just, and every discriminatory, unjust, or unreasonable charge for a service provided under this section is prohibited and declared unlawful.

(b) Reasonable and just charges for service within the meaning of this section are charges that produce sufficient revenue:

(1) to pay all legal and other necessary expense incident to the operation of the surviving corporation's or successor corporation's systems, including maintenance costs, operating charges, upkeep, repairs, depreciation and amortization, and interest charges on bonds or other obligations;

(2) to provide a sinking fund for the liquidation of bonds or other evidences of indebtedness;

(3) to provide adequate funds to be used as working capital, as well as funds for making extensions and replacements; and

(4) for the payment of any taxes that may be assessed against the corporation or its property.

(c) Charges made under this section must produce an income sufficient to maintain the surviving corporation's or successor corporation's property in a sound physical and financial condition to render adequate and efficient service. Any rate too low to meet the requirements of this section is unlawful.

(d) Revenues and receipts not needed for the purposes described in this section, or not needed as reserves for those purposes, shall be returned to the members on a pro rata basis according to the amounts paid by members for:

(1) retail electric service; or

(2) communications service;

as appropriate. Amounts returned under this subsection may be either in cash or in abatement of current charges for the services described in this subsection, as the board may decide.

(e) As used in subsection (f), "financial assistance" means:

(1) a loan or loan guarantee; or

(2) a lien accommodation provided to secure a loan made by another lender;

that is made by the Rural Utility Service of the United States Department of Agriculture (RUS) or by the Rural Telephone Bank.

(f) As used in subsections (g) and (h), "RUS borrower" means a surviving corporation or successor corporation formed under this chapter that is the recipient of financial assistance from the Rural Utility Service of the United States Department of Agriculture (RUS).

(g) In determining rates under this section, an RUS borrower must charge rates sufficient to enable the RUS borrower to:

(1) satisfy the RUS borrower's reasonable expenses and obligations; and

(2) repay the full amount of any financial assistance and the interest on the financial assistance.

(h) As long as there remains any unpaid part of any financial assistance associated with the property of an RUS borrower, the rates of the RUS borrower must be set at a level sufficient to repay the financial assistance, regardless of the full or partial retirement of the property or any other change in the status of the property.

As added by P.L.18-2010, SEC.1.
Ind. Code § 8-1-8.2-1 — Indiana Code / Title 8 / Article 1 / Chapter 8.2 / Section 8-1-8.2-1
"Electric generation facility"
Status: in_force

Sec. 1. (a) As used in this chapter, "electric generation facility" means:

(1) a facility; or

(2) infrastructure associated with a facility;

for the generation of electricity.

(b) The term does not include the following:

(1) A wind power device (as defined in IC 8-1-41-7).

(2) A commercial solar energy system (as defined in IC 8-1-42-2).

As added by P.L.202-2025, SEC.1.
Ind. Code § 8-1-40.1-2 — Indiana Code / Title 8 / Article 1 / Chapter 40.1 / Section 8-1-40.1-2
"Distributed energy resource"
Status: in_force

Sec. 2. As used in this chapter, "distributed energy resource" means any resource located on the distribution system of an electricity supplier, on any subsystem of an electricity supplier, or behind an electricity supplier's customer's meter, including any of the following:

(1) Electric storage resources.

(2) Intermittent generation.

(3) Distributed generation.

(4) Demand response.

(5) Energy efficiency.

(6) Thermal storage.

(7) Electric vehicles and their supply equipment.

As added by P.L.71-2022, SEC.11.
Ind. Code § 8-15.5-2-8 — Indiana Code / Title 8 / Article 15.5 / Chapter 2 / Section 8-15.5-2-8
"Public-private agreement"
Status: in_force

Sec. 8. "Public-private agreement" means an agreement under this article between a private entity and the authority under which the private entity, acting on behalf of the authority (and, where applicable, a governmental entity) as lessee, licensee, or franchisee, will plan, design, acquire, construct, reconstruct, equip, improve, extend, expand, lease, operate, repair, manage, maintain, or finance a project.

As added by P.L.47-2006, SEC.39. Amended by P.L.205-2013, SEC.139; P.L.91-2014, SEC.20; P.L.213-2015, SEC.108.
Ind. Code § 8-1-13-42 — Indiana Code / Title 8 / Article 1 / Chapter 13 / Section 8-1-13-42
Rules; adoption; prior rules validated
Status: in_force

Sec. 42. (a) The commission may adopt rules under IC 4-22-2 to carry out this chapter.

(b) This section does not invalidate any rule adopted by the commission before September 1, 1987.

As added by P.L.121-1987, SEC.19.
Ind. Code § 8-10-1-26 — Indiana Code / Title 8 / Article 10 / Chapter 1 / Section 8-10-1-26
Journal of ports of Indiana
Status: in_force

Sec. 26. All final actions of the ports of Indiana shall be journalized and said journal shall be open to the inspection of the public at all reasonable times.

Formerly: Acts 1961, c.11, s.26. As amended by P.L.98-2008, SEC.35.
Ind. Code § 8-1-47-5 — Indiana Code / Title 8 / Article 1 / Chapter 47 / Section 8-1-47-5
Requirement for electricity supplier to offer low income customer assistance program; programs offered before July 1, 2026; funding or enrollment caps; duty to required program allocation in trust if cap reached
Status: in_force

Sec. 5. (a) Not later than July 1, 2026, an electricity supplier shall offer a low income customer assistance program that provides financial assistance to low income customers for the payment of monthly bills for utility service provided by the electricity supplier. A program that:

(1) is offered by the electricity supplier before July 1, 2026;

(2) provides financial assistance to low income customers for the payment of monthly bills for utility service provided by the electricity supplier;

(3) remains in effect on July 1, 2026; and

(4) includes eligibility criteria consistent with section 3(2) of this chapter;

qualifies as a low income customer assistance program for purposes of this section.

(b) Subject to subsection (c), an electricity supplier may establish:

(1) per customer funding limits;

(2) enrollment limits; or

(3) other limits, caps, or restrictions;

applicable to the low income customer assistance program based on funds available for the program from governmental agencies or programs or from other third parties, including voluntary charitable contributions from nonprofit organizations or from employees, customers, or shareholders of the electricity supplier.

(c) If at any time during a calendar year:

(1) an electricity supplier is no longer able to offer assistance to additional eligible customers under the electricity supplier's low income customer assistance program as a result of any limit, cap, or restriction established under subsection (b); and

(2) the full amount allocated or to be allocated to the program under section 6(1) of this chapter has not been allocated to low income customers enrolled in the program at the time the limit, cap, or restriction is reached;

the portion of the amount allocated or to be allocated to the program under section 6(1) of this chapter that has not been allocated to low income customers enrolled in the program at the time the limit, cap, or restriction is reached shall be segregated from all other funds of the electricity supplier and held in trust for allocation to low income customers enrolled in the electricity supplier's low income customer assistance program in the following calendar year.

As added by P.L.36-2026, SEC.11.
Ind. Code § 8-15.7-4-3 — Indiana Code / Title 8 / Article 15.7 / Chapter 4 / Section 8-15.7-4-3
Designation of operator; publication of notice; execution of public-private agreement; action to contest validity
Status: in_force

Sec. 3. (a) After the procedures required in this chapter have been completed, the department shall make a determination as to whether the successful offeror should be designated as the operator for the project and shall submit its decision to the governor.

(b) The governor may accept or reject the determination of the department. If the governor accepts the determination of the department, the governor shall designate the successful offeror as the operator for the project. The department shall publish notice of the designation of the operator one (1) time, in accordance with IC 5-3-1.

(c) After the designation of the successful offeror as the operator for the project, the department may execute the public-private agreement.

(d) An action to contest the validity of a public-private agreement entered into under this chapter may not be brought after the fifteenth day following the publication of the notice of the designation of the operator under the public-private agreement under subsection (b).

As added by P.L.47-2006, SEC.40. Amended by P.L.163-2011, SEC.13; P.L.218-2017, SEC.78.
Ind. Code § 8-15.5-2-10 — Indiana Code / Title 8 / Article 15.5 / Chapter 2 / Section 8-15.5-2-10
"User fees"
Status: in_force

Sec. 10. "User fees" means the rates, tolls, or fees imposed for the use of, or incidental to, all or any part of a toll road project or a facility project under a public-private agreement.

As added by P.L.47-2006, SEC.39. Amended by P.L.213-2015, SEC.109.
Ind. Code § 8-17-1-32 — Indiana Code / Title 8 / Article 17 / Chapter 1 / Section 8-17-1-32
Repealed
Status: repealed

Formerly: Acts 1919, c.112, s.33. As amended by P.L.86-1988, SEC.95. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-1-1.5-9 — Indiana Code / Title 8 / Article 1 / Chapter 1.5 / Section 8-1-1.5-9
Investigators and experts; aid of governor's staff; appropriation
Status: in_force

Sec. 9. (a) The nominating committee shall have the authority to employ investigators and such experts as the committee in its discretion determines to be necessary to carry out its functions and purposes.

(b) The office and staff of the governor shall also serve the nominating committee in performing its functions under this chapter.

(c) There is annually appropriated to the nominating committee the sum of five thousand dollars ($5,000) from the state general fund for the purpose of defraying any and all expenses which may be incurred in the administration of this chapter.

As added by P.L.43-1983, SEC.8. Amended by P.L.87-1985, SEC.3.
Ind. Code § 8-1-2-0.3 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-0.3
Effective date of certain amendments made to section 103 of this chapter
Status: in_force

Sec. 0.3. Notwithstanding the amendments made to section 103 of this chapter by P.L.93-1993, in the case of a public utility that is described in section 103(c) of this chapter, as amended by P.L.93-1993, the effective date for the implementation of the amendments made to section 103 of this chapter by P.L.93-1993, is July 1, 1993.

As added by P.L.220-2011, SEC.185.
Ind. Code § 8-1-34-27 — Indiana Code / Title 8 / Article 1 / Chapter 34 / Section 8-1-34-27
Operation of PEG channel; compatibility with provider's system; interconnection of systems; enforcement authority
Status: in_force

Sec. 27. (a) The operation of a PEG channel provided under section 25, 26, or 26.5 of this chapter is the responsibility of the unit or unincorporated area that receives the benefit of the channel, and the holder or other provider is responsible only for the transmission of the channel.

(b) A unit or an unincorporated area that receives the benefit of a PEG channel provided under section 25, 26, or 26.5 of this chapter shall ensure that all transmissions, content, and programming that are transmitted over a channel or other facility of the provider are submitted to the provider in a manner or form that:

(1) is capable of being accepted and transmitted by the provider over the provider's video service system;

(2) does not require additional alteration or change in the content by the provider; and

(3) is compatible with the technology or protocol used by the provider to deliver video service.

(c) If it is technically feasible to do so, the holder of a certificate under this section and a provider described in section 21(a) of this chapter may cooperate to interconnect their systems to provide PEG channel capacity required under section 25, 26, or 26.5 of this chapter. Interconnection under this section may be accomplished by direct cable, microwave link, satellite, or other reasonable method of connection. The parties shall negotiate the terms of the interconnection in good faith, and a provider described in section 21(a) of this chapter may not withhold interconnection of PEG channel capacity.

(d) Subject to 47 U.S.C. 531, the commission has exclusive authority to enforce any requirement under:

(1) this section; or

(2) section 25, 26, or 26.5 of this chapter.

As added by P.L.27-2006, SEC.58. Amended by P.L.219-2011, SEC.5.
Ind. Code § 8-4-1-8 — Indiana Code / Title 8 / Article 4 / Chapter 1 / Section 8-4-1-8
Directors; elections; president and other officers; appointment or election
Status: in_force

Sec. 8. In case it shall happen, at any time, that an election of directors shall not be made on the day designated by the bylaws of the company, when it ought to have been made, the company, for that reason, shall not be dissolved if, within ninety (90) days thereafter, they shall hold an election for directors in such manner as shall be provided by the bylaws of the company. There shall be a president of the company who shall be chosen by and from the directors, and also such subordinate officers as the company, by its bylaws, may designate, who may be elected or appointed, and required to give such security for the faithful performance of the duties of their offices as the company, by its bylaws, may require; provided, that nothing contained in this section shall be so construed as to prevent the stockholders from removing a president and electing another in his place in the manner prescribed in section 7 of this chapter.

Formerly: Acts 1852, 1RS, c.83, s.7. As amended by P.L.62-1984, SEC.37.
Ind. Code § 8-3-22-7 — Indiana Code / Title 8 / Article 3 / Chapter 22 / Section 8-3-22-7
Appropriations; donations; expenses; budgets
Status: in_force

Sec. 7. (a) Except as otherwise provided, the money necessary to finance the general operations of the commission in carrying forth its duties, responsibilities, and powers as stated in this chapter shall be appropriated to the commission by the compacting states, when authorized by the respective legislatures, by equal apportionment among the compacting states.

(b) This compact may not be construed to commit a member state to participate in financing a rail project except as provided by law of the member state.

(c) The commission may accept, for any of its purposes and functions, donations, gifts, grants, and appropriations of money, equipment, supplies, materials, and services from the federal government, from any party state or from any department, agency, or municipality thereof, or from any institution, person, firm, or corporation.

(d) All expenses incurred by the commission in executing the duties imposed upon it by this compact shall be paid by the commission out of the funds available to it.

(e) The commission may not issue a debt instrument.

(f) The commission shall submit to the officer designated by the laws of each party state, periodically as required by the laws of each party state, a budget of its actual past and estimated future expenditures.

As added by P.L.131-2000, SEC.1.
Ind. Code § 8-1-2.8-13 — Indiana Code / Title 8 / Article 1 / Chapter 2.8 / Section 8-1-2.8-13
Approval of surcharge adjustment
Status: in_force

Sec. 13. Unless the commission disapproves an application by the InTRAC for a surcharge adjustment within ninety (90) days of the application, the commission shall approve the adjustment, and the LEC may charge and collect an adjusted surcharge. However, the commission may not approve an adjustment that results in a monthly surcharge that exceeds forty cents ($0.40) per residential or business line (or line equivalent).

As added by P.L.75-1991, SEC.1.
Ind. Code § 8-21-10-7 — Indiana Code / Title 8 / Article 21 / Chapter 10 / Section 8-21-10-7
Obstruction standards
Status: in_force

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

(1) an existing public use airport; and

(2) a public use heliport.

(b) If any of the obstruction standards set forth in this subsection are exceeded, the proposed structure is presumed to have a substantial adverse effect upon the safe and efficient use of the navigable airspace and would be a hazard to air navigation if constructed. Except as provided in section 9 of this chapter, the department shall not issue a permit for any proposed structure that would exceed any of the following obstruction standards:

(1) A height that is five hundred (500) feet above ground level at the site of the object anywhere in the state.

(2) A height that is two hundred (200) feet above ground level or above the established airport elevation, whichever is higher, within three (3) nautical miles of the established reference point of a public-use airport, excluding heliports, and that height increases in the proportion of one hundred (100) feet for each additional nautical mile of distance from the airport up to a maximum of five hundred (500) feet.

(3) A height within a terminal obstacle clearance area, including an initial approach segment, a departure area, and a circling approach area, as defined by federal law and regulations, which would result in the vertical distance between any point on the object and an established minimum instrument flight altitude within that area or segment to be less than the required obstacle clearance.

(4) A height within an enroute obstacle clearance area, as defined by federal law and regulations, including turn and termination areas of a federal airway or approved off-airway route that would increase the minimum obstacle clearance altitude.

(5) The surface of a takeoff and landing area of a public-use airport or heliport or any imaginary surface as established under section 8 of this chapter. However, no part of the takeoff or landing area itself will be considered to be an obstruction.

(c) Except for traverse ways on or near an airport with an operative ground traffic control service, furnished by an air traffic control tower or by the airport management and coordinated with the air traffic control service, the standards set forth above in subsection (b) apply to traverse ways used or to be used for the passage of mobile objects only after the heights of these traverse ways are increased by the following:

(1) Seventeen (17) feet for an interstate highway where overcrossings are designed for a minimum of seventeen (17) feet vertical distance.

(2) Fifteen (15) feet for any other public roadway.

(3) Ten (10) feet or the height of the highest mobile object that would normally traverse the road, whichever is greater, for a private road.

(4) Twenty-three (23) feet for a railroad.

(5) For a waterway or any other traverse way not covered by subdivisions (1) through (4), an amount equal to the height of the highest mobile object that would normally traverse it.

As added by P.L.117-1983, SEC.1. Amended by P.L.54-2002, SEC.4.
Ind. Code § 8-18-20-9 — Indiana Code / Title 8 / Article 18 / Chapter 20 / Section 8-18-20-9
First meeting of trustees; officers; appointment of board of directors
Status: in_force

Sec. 9. (a) The first trustees of the toll road authority shall, within thirty (30) days after their appointment, meet at a time and place designated by the circuit court for the county for the purpose of electing officers. The trustees shall elect from among themselves a president, a vice president, and a secretary. Each of these officers shall serve from the date of election until the first Monday in January after election, and holds over until a successor is elected and qualified.

(b) At the meeting required by this section, the trustees shall appoint the first board of directors of the toll road authority, as prescribed by section 11 of this chapter.

(c) After appointing the first board of directors of the toll road authority, the trustees shall meet on the first Monday in January of each year for the purpose of:

(1) electing officers;

(2) appointing the directors of the toll road authority; and

(3) performing any other duties under this chapter.

As added by P.L.386-1987(ss), SEC.20.
Ind. Code § 8-1-2.7-5 — Indiana Code / Title 8 / Article 1 / Chapter 2.7 / Section 8-1-2.7-5
Notice of special meeting for referendum; form of absentee ballot
Status: in_force

Sec. 5. (a) The referendum must be conducted at a special meeting called by the board. Written notice of the meeting must be sent to every member or shareholder of the withdrawing utility and to the secretary of the commission not less than forty-five (45) days before the date of the meeting. The notice must contain the following information:

(1) The place, date, and hour of the meeting.

(2) The purpose of the meeting, including an explanation of what the withdrawal from commission jurisdiction entails.

(3) The fact that no proxies will be permitted.

(4) A statement that a member or shareholder may cast a vote by secret absentee ballot.

(b) The notice provided under subsection (a) must include:

(1) instructions for how a member or shareholder who wishes to cast a vote by absentee ballot may request an absentee ballot;

(2) a statement that a request for an absentee ballot precludes a member or shareholder from voting in person at the meeting held on the question of withdrawal from the commission's jurisdiction;

(3) instructions that a member or shareholder voting by absentee ballot must:

(A) return the absentee ballot by United States mail; or

(B) deliver the absentee ballot in person to the offices of the utility; and

(4) the deadline for returning or delivering an absentee ballot, which must be:

(A) not earlier than ten (10) calendar days; and

(B) not later than five (5) calendar days;

before the meeting on the question of withdrawal, along with information as to when an absentee ballot will be considered received by the board.

(c) The form of an absentee ballot authorized by this section must be as follows:

[] YES, I want to withdraw from the jurisdiction of the commission.

[] NO, I want to remain under the jurisdiction of the commission.

(d) An absentee ballot authorized by this section must not:

(1) require a member or shareholder to include the member's or shareholder's name on the absentee ballot or to sign the absentee ballot; or

(2) be marked with any number or identifier that can be traced to the member or shareholder;

so as to compromise the confidentiality of the member's or shareholder's vote.

As added by P.L.108-1989, SEC.1. Amended by P.L.80-1997, SEC.9; P.L.82-1999, SEC.9; P.L.159-1999, SEC.9; P.L.60-2024, SEC.2.
Ind. Code § 8-1-32.3-10 — Indiana Code / Title 8 / Article 1 / Chapter 32.3 / Section 8-1-32.3-10
"Small cell network"
Status: in_force

Sec. 10. As used in this chapter, "small cell network" means a collection of interrelated small cell facilities designed to deliver wireless service.

As added by P.L.145-2015, SEC.3.
Ind. Code § 8-23-32-17 — Indiana Code / Title 8 / Article 23 / Chapter 32 / Section 8-23-32-17
Owner liability; rebuttable presumption; defenses
Status: in_force

Sec. 17. (a) Except as provided in subsection (d), the owner of a motor vehicle identified through a worksite speed control system is liable for the civil penalty described in section 18 of this chapter for exceeding a worksite speed limit.

(b) There is a rebuttable presumption that the owner of a motor vehicle that is the subject of a photograph or recorded image was operating the motor vehicle when the photograph or recorded image was obtained through a worksite speed control system.

(c) The presumption under subsection (b) does not apply to an owner of a motor vehicle that is a motor vehicle rental company.

(d) The owner of a motor vehicle may submit information as determined by the department to rebut the presumption created by subsection (b).

(e) It is a defense under this section if any of the following apply:

(1) The person receiving a notice of violation issued pursuant to this chapter:

(A) was not the owner of the motor vehicle; or

(B) was not driving the motor vehicle;

at the time that the worksite speed limit was exceeded.

(2) The vehicle was reported stolen prior to the time that the worksite speed limit was exceeded and was not recovered prior to that time.

(3) The worksite speed control system was not properly tested for accuracy, certification, or calibration.

(4) Workers were not present in the worksite at the time that the worksite speed limit was exceeded.

As added by P.L.120-2023, SEC.2.
Ind. Code § 8-1-2.2-23 — Indiana Code / Title 8 / Article 1 / Chapter 2.2 / Section 8-1-2.2-23
Personnel
Status: in_force

Sec. 23. Personnel. Personnel employed or appointed by a municipality or joint agency to work on a project shall have the same authority, rights, privileges and immunities which officers, agents and employees of municipalities enjoy, when they are acting within the scope of their authority or in the course of their employment.

As added by Acts 1980, P.L.68, SEC.1.
Ind. Code § 8-1-31.5-17 — Indiana Code / Title 8 / Article 1 / Chapter 31.5 / Section 8-1-31.5-17
Comparison of actual revenues and authorized revenues to be included in utility's annual report
Status: in_force

Sec. 17. An eligible utility that:

(1) is subject to the jurisdiction of the commission; and

(2) serves five thousand (5,000) or more customers;

shall include in its annual report to the commission on a form prescribed by the commission under IC 8-1-2-12 a comparison of actual revenues and authorized revenues for the period covered by the report.

As added by P.L.104-2016, SEC.3.
Ind. Code § 8-22-3.5-15 — Indiana Code / Title 8 / Article 22 / Chapter 3.5 / Section 8-22-3.5-15
State income tax incentives for attracting or retaining airport development projects in a consolidated city
Status: in_force

Sec. 15. (a) As used in this section, "state income tax liability" means a tax liability that is incurred under:

(1) IC 6-3-1 through IC 6-3-7 (the adjusted gross income tax); or

(2) any other tax imposed by this state and based on or measured by either gross income or net income.

(b) The attraction or retention of qualified airport development projects to a consolidated city within Indiana is a governmental function of general public benefit for all the citizens of Indiana.

(c) As an incentive to attract or retain qualified airport development projects to Indiana, for a period of thirty-five (35) years, beginning January 1, 1991, persons that locate and operate a qualified airport development project in an airport development zone in a consolidated city shall not incur, notwithstanding any other law, any state income tax liability as a result of:

(1) activities associated with locating or retaining the qualified airport development project in the consolidated city;

(2) the construction, modification, alteration, or completion of the qualified airport development project;

(3) the employment of personnel or the ownership or rental of property at or in conjunction with the qualified airport development project; or

(4) the operation of, or the activities at or in connection with, the qualified airport development project.

(d) The department of state revenue shall adopt rules under IC 4-22-2 to implement this section.

As added by P.L.41-1994, SEC.2. Amended by P.L.192-2002(ss), SEC.149; P.L.224-2003, SEC.268.
Ind. Code § 8-1-1.5-0.3 — Indiana Code / Title 8 / Article 1 / Chapter 1.5 / Section 8-1-1.5-0.3
Validation of certain actions taken before March 5, 1985
Status: in_force

Sec. 0.3. Any action taken before March 5, 1985, that would have been valid if taken under this chapter, as amended by P.L.87-1985, is validated.

As added by P.L.220-2011, SEC.184.
Ind. Code § 8-25-3-6 — Indiana Code / Title 8 / Article 25 / Chapter 3 / Section 8-25-3-6
Mandatory alternative funding sources
Status: in_force

Sec. 6. (a) The following apply to the funding of a public transportation project:

(1) For the first year of operations, an amount must be raised from sources other than taxes and fares that is equal to at least ten percent (10%) of the revenue that the budget agency certifies that the county will receive in that year from a local income tax imposed to fund the public transportation project.

(2) For the second year of operations and each year thereafter, at least ten percent (10%) of the annual operating expenses of the public transportation project must be paid from sources other than taxes and fares. For purposes of this subdivision, operating expenses include only those expenses incurred in the operation of fixed route services that are established or expanded as a result of a public transportation project authorized and funded under this article.

The budget agency shall assist the fiscal body of an eligible county in determining the amount of money that must be raised under subdivision (1).

(b) A county fiscal body or another entity authorized to carry out a public transportation project under IC 8-25-4 shall raise the revenue required by subsection (a) for a particular calendar year before the end of the third quarter of the preceding calendar year. Money raised under this section must be deposited in the county public transportation fund established under section 7 of this chapter.

(c) If a county fiscal body or other entity fails to raise the revenue required by subsection (a) before the deadline specified in subsection (b), the county in which the public transportation project is located is responsible for paying the difference between:

(1) the amount that subsection (a) requires to be raised from sources other than taxes and fares; minus

(2) the amount actually raised from sources other than taxes and fares.

As added by P.L.153-2014, SEC.17. Amended by P.L.197-2016, SEC.94.
Ind. Code § 8-1-40.1-5 — Indiana Code / Title 8 / Article 1 / Chapter 40.1 / Section 8-1-40.1-5
Amendment of rules to implement Federal Energy Regulatory Commission order
Status: in_force

Sec. 5. Notwithstanding IC 8-1-40-21, in adopting rules under this chapter, the commission may amend the commission's rules and standards set forth in:

(1) 170 IAC 4-4.2 (concerning net metering); and

(2) 170 IAC 4-4.3 (concerning interconnection);

only as necessary to implement Federal Energy Regulatory Commission Order No. 2222 concerning distributed energy resources and distributed energy resource aggregators.

As added by P.L.71-2022, SEC.11.
Ind. Code § 8-1-8.5-2 — Indiana Code / Title 8 / Article 1 / Chapter 8.5 / Section 8-1-8.5-2
Necessity for certification
Status: in_force

Sec. 2. Except as provided in section 7 of this chapter, a public utility may not begin the construction, purchase, or lease of any steam, water, or other facility for the generation of electricity to be directly or indirectly used for the furnishing of public utility service, even though the facility is for furnishing the service already being rendered, without first obtaining from the commission a certificate that public convenience and necessity requires, or will require, such construction, purchase, or lease.

As added by P.L.43-1983, SEC.12. Amended by P.L.88-1985, SEC.6; P.L.11-1987, SEC.14.
Ind. Code § 8-1-8.8-13 — Indiana Code / Title 8 / Article 1 / Chapter 8.8 / Section 8-1-8.8-13
Repealed
Status: repealed

As added by P.L.159-2002, SEC.6. Amended by P.L.1-2006, SEC.151; P.L.175-2007, SEC.20; P.L.150-2011, SEC.13. Repealed by P.L.87-2024, SEC.16.
Ind. Code § 8-6-15-4 — Indiana Code / Title 8 / Article 6 / Chapter 15 / Section 8-6-15-4
Notice of intent to resume operations; marking
Status: in_force

Sec. 4. (a) The railroad shall provide the department and the local road authority having jurisdiction over a roadway with written notice at least thirty (30) days prior to resuming operation over an abandoned or unused railroad crossing. The notice must include a request that the signs posted under section 3 of this chapter be removed from the crossing.

(b) After removal of the signs under subsection (a), the railroad shall mark the railroad grade crossing for six (6) months with signs reading "train traffic resumed -- tracks in service".

As added by P.L.87-2003, SEC.1.
Ind. Code § 8-16-3.1-2 — Indiana Code / Title 8 / Article 16 / Chapter 3.1 / Section 8-16-3.1-2
Repealed
Status: repealed

As added by Acts 1979, P.L.96, SEC.1. Repealed by P.L.86-1988, SEC.227.
Ind. Code § 8-10-4-5 — Indiana Code / Title 8 / Article 10 / Chapter 4 / Section 8-10-4-5
Contracts for use of license, process, or device
Status: in_force

Sec. 5. The ports of Indiana may contract for the use of any license, process or device, whether patented or not, which the ports of Indiana finds is necessary for the operation of any project, and may permit the use thereof by any lessee on such terms and conditions as the ports of Indiana may determine. The cost of such license, process, or device may be included as part of the cost of the project.

Formerly: Acts 1969, c.292, s.5. As amended by P.L.224-2003, SEC.230 and P.L.271-2003, SEC.30; P.L.98-2008, SEC.49.
Ind. Code § 8-2.1-24-24 — Indiana Code / Title 8 / Article 2.1 / Chapter 24 / Section 8-2.1-24-24
Violation
Status: in_force

Sec. 24. A person who violates this chapter commits a Class B infraction.

As added by P.L.110-1995, SEC.29.
Ind. Code § 8-4.5-1-12 — Indiana Code / Title 8 / Article 4.5 / Chapter 1 / Section 8-4.5-1-12
"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.40-1995, SEC.3.
Ind. Code § 8-22-1-5 — Indiana Code / Title 8 / Article 22 / Chapter 1 / Section 8-22-1-5
"Board"
Status: in_force

Sec. 5. "Board" means the board of an airport authority or a board of aviation commissioners.

[Pre-Local Government Recodification Citations: 19-6-2-1 part; 19-6-3-1 part; 19-6-3.5-2 part.]

As added by Acts 1980, P.L.8, SEC.73.
Ind. Code § 8-1-17-6 — Indiana Code / Title 8 / Article 1 / Chapter 17 / Section 8-1-17-6
Repealed
Status: repealed

Formerly: Acts 1951, c.193, s.6. As amended by P.L.59-1984, SEC.75; P.L.97-1993, SEC.3; P.L.145-1999, SEC.1 and P.L.198-1999, SEC.3. Repealed by P.L.27-2006, SEC.62.
Ind. Code § 8-2.1-18.5-1 — Indiana Code / Title 8 / Article 2.1 / Chapter 18.5 / Section 8-2.1-18.5-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to a motor carrier if the motor carrier:

(1) shipped goods intrastate within Indiana under a tariff or permit issued by a governmental body that is or was authorized by a statute to regulate the shipment; and

(2) is no longer providing service within Indiana or has filed a petition for bankruptcy.

As added by P.L.111-1995, SEC.1.
Ind. Code § 8-1-1.5-8 — Indiana Code / Title 8 / Article 1 / Chapter 1.5 / Section 8-1-1.5-8
Death or withdrawal of nominee; renomination of replacement
Status: in_force

Sec. 8. (a) If any nominee dies or requests in writing that his name be withdrawn, the nominating committee shall nominate another person to replace him from the list of candidates previously considered for that vacancy.

(b) Whenever there are existing at the same time two (2) or more vacancies, the committee shall submit to the governor a single list of the names of those persons nominated for the vacancies. The number of names that the nominating committee shall include on the list equals three (3) times the number of vacancies. The rights provided and duties assigned to the governor and the nominating committee by section 5(b) of this chapter also apply to a list of names submitted by the nominating committee to the governor under this subsection.

As added by P.L.43-1983, SEC.8. Amended by P.L.87-1985, SEC.2.
Ind. Code § 8-6-2.1-25 — Indiana Code / Title 8 / Article 6 / Chapter 2.1 / Section 8-6-2.1-25
Appearance by remonstrators; appeals
Status: in_force

Sec. 25. Any person notified or considered to be notified under this chapter may appear before the board on the day fixed for hearing the remonstrances with regard to awards and assessments, and remonstrate in writing against them. All persons appearing before the board having an interest in the proceedings shall be given a hearing. After the remonstrances have been received and the hearings had, the board shall either sustain or modify, by increasing or decreasing, the awards or assessments. Any person remonstrating in writing who is aggrieved by the decision of the board may, within ten (10) days after the decision is made, take an appeal to the circuit court, superior court, or probate court of the county in which the city is located. The appeal affects only the amount of the assessment or award of the person appealing.

[Pre-Local Government Recodification Citation: 19-5-14-25.]

As added by Acts 1980, P.L.8, SEC.70. Amended by P.L.84-2016, SEC.45.
Ind. Code § 8-1.5-2-33 — Indiana Code / Title 8 / Article 1.5 / Chapter 2 / Section 8-1.5-2-33
Action to determine public convenience and necessity
Status: in_force

Sec. 33. (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) this chapter;

before March 1, 2013.

(b) Not more than thirty (30) days after a municipality described in section 7(b)(1) or 7(b)(2) of this chapter adopts an ordinance under section 7 of this chapter, the utility may bring an action against the municipality in the circuit or superior court of the county in which the municipality is located to determine the question of public convenience and necessity.

(c) The court shall stay further action by the municipality under the ordinance adopted under section 7 of this chapter pending the court's determination.

(d) The court shall try the cause without delay and without a jury and review the evidence de novo.

As added by P.L.270-2013, SEC.7.
Ind. Code § 8-1-2-6.7 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-6.7
Depreciation of clean coal technology
Status: in_force

Sec. 6.7. (a) As used in this section, "clean coal technology" means a technology (including precombustion treatment of coal):

(1) that is used in a new or existing electric generating facility and directly or indirectly reduces airborne emissions of sulfur or nitrogen based pollutants associated with the combustion or use of coal; and

(2) that either:

(A) is not in general commercial use at the same or greater scale in new or existing facilities in the United States as of January 1, 1989; or

(B) has been selected by the United States Department of Energy for funding under its Innovative Clean Coal Technology program and is finally approved for such funding on or after January 1, 1989.

(b) The commission shall allow a public or municipally owned electric utility that incorporates clean coal technology to depreciate that technology over a period of not less than ten (10) years or the useful economic life of the technology, whichever is less and not more than twenty (20) years if it finds that the facility where the clean coal technology is employed:

(1) utilizes and will continue to utilize (as its primary fuel source) Indiana coal; or

(2) is justified, because of economic considerations or governmental requirements, in utilizing non-Indiana coal;

after the technology is in place.

As added by P.L.105-1989, SEC.3.
Ind. Code § 8-1-2-61.6 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-61.6
Small water utilities; changes in wholesale rates; notice to purchaser; rate relief
Status: in_force

Sec. 61.6. (a) This section applies to water utilities that serve less than eight thousand (8,000) customers.

(b) As used in this section, "purchaser" means a water utility that buys water from another water utility on a wholesale basis.

(c) As used in this section, "supplier" means a water utility that provides water to another water utility on a wholesale basis.

(d) As used in this section, "water utility" means:

(1) an investor owned water utility;

(2) a municipally owned water utility;

(3) a conservancy district (as described in IC 14-33); or

(4) a nonprofit water utility.

(e) Notwithstanding section 42 of this chapter, whenever a supplier petitions the commission for a change in rates or charges that affect its wholesale rates, the supplier shall notify each of its wholesale customers by United States registered mail. The notice must include the cause number assigned to the supplier's petition.

(f) Upon notification by the supplier, the purchaser of a wholesale water supply may notify the secretary of the commission of its intent to monitor its supplier's cause. The commission shall then provide a copy of the supplier's prehearing conference order upon its approval to the purchaser.

(g) If the purchaser requests simultaneous rate relief for its cost of water in conjunction with the relief requested by its supplier, the purchaser shall complete and file forms prescribed by the commission within fourteen (14) days of the supplier's case in chief.

(h) After the purchaser has filed the forms as described in subsection (g), the commission may provide rate relief to the purchaser simultaneously with an order approved for its supplier.

As added by P.L.107-1989, SEC.2. Amended by P.L.1-1995, SEC.54; P.L.61-2022, SEC.2.
Ind. Code § 8-1-2.8-3 — Indiana Code / Title 8 / Article 1 / Chapter 2.8 / Section 8-1-2.8-3
"Dual party relay services"
Status: in_force

Sec. 3. (a) As used in this chapter, "dual party relay services" means telecommunications transmission services that provide the ability for a person who has a hearing impairment or speech impairment to engage in communication with a hearing person in a manner that is functionally equivalent to the ability of an individual who does not have a hearing impairment or speech impairment to communicate using voice communication services.

(b) The term includes services that enable two-way communication between a person who uses a telecommunications device for individuals who are deaf or other nonvoice terminal and a person who does not use such a device.

As added by P.L.75-1991, SEC.1. Amended by P.L.27-2006, SEC.28; P.L.99-2007, SEC.31.
Ind. Code § 8-25-8-8 — Indiana Code / Title 8 / Article 25 / Chapter 8 / Section 8-25-8-8
Necessary agreements authorized
Status: in_force

Sec. 8. The fiscal body of an eligible county, the board, or any other entity authorized to carry out a public transportation project under IC 8-25-4 in the eligible county may enter into any agreement necessary with the foundation to meet the requirements of IC 8-25-3-6(a) and carry out the purposes of this chapter.

As added by P.L.153-2014, SEC.17.
Ind. Code § 8-23-9-21 — Indiana Code / Title 8 / Article 23 / Chapter 9 / Section 8-23-9-21
Contract form; approval
Status: in_force

Sec. 21. Every contract for highway work shall be made in the name of the state and signed by the commissioner and the contracting parties. The contract shall be submitted to and approved by the attorney general with regard to legality and form.

As added by P.L.18-1990, SEC.218. Amended by P.L.14-2019, SEC.1.
Ind. Code § 8-23-23-1 — Indiana Code / Title 8 / Article 23 / Chapter 23 / Section 8-23-23-1
Rights-of-way and easements; description; recording
Status: in_force

Sec. 1. Whenever a right-of-way or easement for a state, county, or municipal highway is acquired, an accurate description of all rights-of-way and easements shall be filed in the office of the recorder of the county in which the real property is located. The description shall be recorded in the deed records of the county. The county recorder may not charge a fee for filing and recording the description.

As added by P.L.18-1990, SEC.232.
Ind. Code § 8-3-1-12 — Indiana Code / Title 8 / Article 3 / Chapter 1 / Section 8-3-1-12
Repealed
Status: repealed

Formerly: Acts 1905, c.53, s.14; Acts 1907, c.241, s.13; Acts 1935, c.272, s.1; Acts 1973, P.L.63, SEC.2; Acts 1975, P.L.76, SEC.2. As amended by P.L.384-1987(ss), SEC.21; P.L.8-1993, SEC.138. Repealed by P.L.50-2011, SEC.5.
Ind. Code § 8-14.5-5-5 — Indiana Code / Title 8 / Article 14.5 / Chapter 5 / Section 8-14.5-5-5
Payment from revenues; lease rentals; grant anticipation revenue bonds
Status: reserved

Sec. 5. The department shall pay lease rentals for leases entered into under this chapter and securing bonds issued under IC 8-14.5-6 from revenues transferred to the state highway road construction and improvement fund or the crossroads 2000 fund before making any other disbursements from those funds. The department shall pay lease rentals for leases entered into under this chapter and for securing grant anticipation revenue bonds or notes issued under IC 8-14.5-7 from federal highway revenues (as defined in IC 8-14.5-7-2) transferred to the grant anticipation fund before making any other disbursements from the grant anticipation fund.

As added by P.L.68-1988, SEC.12. Amended by P.L.260-1997(ss), SEC.53; P.L.246-2005, SEC.82.
Ind. Code § 8-23-17-33 — Indiana Code / Title 8 / Article 23 / Chapter 17 / Section 8-23-17-33
Review of determination
Status: in_force

Sec. 33. A person aggrieved by a determination made by an agency head under this chapter may have the determination reviewed by the governing body or principal executive officer of the agency. A final determination of the agency is subject to judicial review under IC 4-21.5-5.

As added by P.L.18-1990, SEC.226.
Ind. Code § 8-1-1.1-9 — Indiana Code / Title 8 / Article 1 / Chapter 1.1 / Section 8-1-1.1-9
Repealed
Status: repealed

As added by P.L.43-1983, SEC.7. Amended by P.L.3-1989, SEC.49; P.L.99-1989, SEC.7. Repealed by P.L.1-1990, SEC.100.
Ind. Code § 8-17-1-19 — Indiana Code / Title 8 / Article 17 / Chapter 1 / Section 8-17-1-19
Objections to improvements; filing of statement
Status: in_force

Sec. 19. Any taxpayer may file an objection to the work by filing a sworn statement with the auditor that the road has not been completed according to the plans, plats, profiles, specifications, and contract, stating which item has not been completed. After the objection is filed, then the county executive shall set a hearing on the issue where it may hear other proof, may cause witnesses to be subpoenaed, and hear sworn evidence in the same manner as other issues are heard before the executive. The executive shall determine whether the work has been done according to the plans, plats, profiles, specifications, and contract. Any party aggrieved by the decision may appeal to the circuit court, superior court, or probate court of the county within ten (10) days of the date of the decision, by filing a bond approved by the auditor of the county, for the payment of all costs in the cause that may be adjudged in the circuit court, superior court, or probate court against the person taking the appeal. The proceedings shall be tried de novo in the circuit court, superior court, or probate court.

Formerly: Acts 1919, c.112, s.20. As amended by P.L.86-1988, SEC.83; P.L.84-2016, SEC.51.
Ind. Code § 8-1-1.5-3 — Indiana Code / Title 8 / Article 1 / Chapter 1.5 / Section 8-1-1.5-3
Establishment; members; terms; vacancies; notice
Status: in_force

Sec. 3. (a) There is established a nominating committee for the purpose of submitting to the governor nominations of candidates to fill vacancies on the commission. The committee consists of seven (7) members, not more than four (4) of whom shall belong to the same political party and none of whom may be a member of the general assembly.

(b) The governor shall appoint three (3) members of the nominating committee and designate one (1) as chairman. The speaker of the house of representatives, the president pro tempore of the senate, the minority leader of the senate, and the minority leader of the house of representatives shall each appoint one (1) member of the nominating committee. Each appointment shall be certified to the secretary of state within ten (10) days of the appointment.

(c) Each member of the nominating committee shall be appointed for a term of four (4) years.

(d) Whenever a vacancy occurs on the nominating committee, the chairman of the committee shall promptly notify the official who appointed the member whose position is vacant. That official shall appoint a new member within sixty (60) days after receiving notice of the vacancy. The term of the member so appointed shall be for the unexpired term of the member whose vacancy he has filled. An appointment to fill a vacancy shall be certified to the secretary of state within ten (10) days of the appointment.

(e) After the names of members appointed to the nominating committee have been certified to the secretary of state, the secretary of state shall, by regular mail, notify the members of the committee of their appointment.

As added by P.L.43-1983, SEC.8. Amended by P.L.87-1985, SEC.1.
Ind. Code § 8-1-13-32 — Indiana Code / Title 8 / Article 1 / Chapter 13 / Section 8-1-13-32
Investigations; agents; powers; recommendations
Status: in_force

Sec. 32. (a) The commission may appoint, by written order, an agent to investigate any corporation. The commission shall prescribe the duties of the agent in the order, and the agent has all of the inquisitorial powers granted the commission under this chapter.

(b) The commission may conduct any number of investigations contemporaneously through different agents and may delegate to the agent the taking of all testimony bearing upon any investigation or hearing. The commission's decision must be based on its examination of all the testimony and records.

(c) The recommendations made by any agent are advisory and do not preclude the taking of further testimony, if ordered by the commission, or further investigation.

As added by P.L.121-1987, SEC.9.
Ind. Code § 8-10-1-22 — Indiana Code / Title 8 / Article 10 / Chapter 1 / Section 8-10-1-22
Audit of books and accounts; annual report
Status: in_force

Sec. 22. (a) The ports of Indiana shall cause an audit of its books and accounts to be made at least once each year by certified public accountants, and the cost thereof may be treated as a part of the cost of construction or of operations of the ports and projects of the ports of Indiana. The accounts, books, and records of the ports of Indiana shall be audited by the state board of accounts, and the cost of such audit may be treated as a part of the cost of construction or of operations of the ports and projects of the ports of Indiana.

(b) The ports of Indiana shall, following the close of each fiscal year, submit an annual report of its activities for the preceding year to the governor, the budget committee, and the general assembly. An annual report submitted under this section to the general assembly must be in an electronic format under IC 5-14-6. Each report shall set forth a complete operating and financial statement for the ports of Indiana during the fiscal year it covers.

Formerly: Acts 1961, c.11, s.22. As amended by Acts 1978, P.L.6, SEC.13; P.L.224-2003, SEC.221 and P.L.271-2003, SEC.21; P.L.235-2005, SEC.111; P.L.98-2008, SEC.32; P.L.181-2015, SEC.31.
Ind. Code § 8-23-20.5-1 — Indiana Code / Title 8 / Article 23 / Chapter 20.5 / Section 8-23-20.5-1
Applicability of chapter
Status: in_force

Sec. 1. This chapter applies to an outdoor advertising sign that is eligible to be relocated as a conforming sign under IC 8-23-20-25.6(c) and IC 8-23-20-25.7.

As added by P.L.97-2022, SEC.4.
Ind. Code § 8-25-7-4 — Indiana Code / Title 8 / Article 25 / Chapter 7 / Section 8-25-7-4
Use of money collected by foundation
Status: in_force

Sec. 4. A foundation established under section 3 of this chapter:

(1) shall use money received under section 3 of this chapter to:

(A) fund in part a public transportation project authorized under this article as required by IC 8-25-3-6(a); and

(B) carry out the purposes and programs of the foundation under this chapter; and

(2) may deposit money received under section 3 of this chapter in an account or fund that is:

(A) administered by the foundation; and

(B) not part of the state or county treasury.

As added by P.L.153-2014, SEC.17.
Ind. Code § 8-23-21-0.3 — Indiana Code / Title 8 / Article 23 / Chapter 21 / Section 8-23-21-0.3
"Official detour route" defined
Status: in_force

Sec. 0.3. As used in this chapter, "official detour route" means the path the department designates a motorist to use to reach a destination while a state highway, part of a state highway, or state highway bridge is closed to the public as a thoroughfare while under construction, while being repaired, or when closed for any other reason.

As added by P.L.120-1995, SEC.1.
Ind. Code § 8-1-32.3-19 — Indiana Code / Title 8 / Article 1 / Chapter 32.3 / Section 8-1-32.3-19
Eligible applicants; application requirements
Status: in_force

Sec. 19. (a) The following may apply for a permit under this chapter on a form and in the manner prescribed by the appropriate permit authority:

(1) A person that provides wireless communications service.

(2) A person that owns or otherwise makes available infrastructure required for wireless communications service.

(b) An application for a permit must include the following:

(1) The name, business address, and point of contact for the applicant.

(2) The location of the proposed or affected wireless support structure or wireless facility.

As added by P.L.145-2015, SEC.3.
Ind. Code § 8-23-10-8 — Indiana Code / Title 8 / Article 23 / Chapter 10 / Section 8-23-10-8
False statements; penalty
Status: in_force

Sec. 8. It is a Class C infraction for an applicant for qualification to knowingly make a false statement with respect to the applicant's financial worth in an application for qualification, financial statement, or other written instrument filed by the applicant with the department under this chapter or rules adopted under this chapter. A person who violates this section is disqualified from submitting bids on contracts advertised for letting by the department for a period of two (2) years following the date of conviction.

As added by P.L.18-1990, SEC.219.
Ind. Code § 8-4-14-2 — Indiana Code / Title 8 / Article 4 / Chapter 14 / Section 8-4-14-2
Certificate of reorganization
Status: in_force

Sec. 2. In case of the sale of any railroad and its property (situated wholly or partly within this state, or situated partly in this state and partly in an adjoining state) by virtue of any mortgage or mortgages or deed or deeds of trust, either by foreclosure or other judicial proceedings, or pursuant to any power contained in such mortgage or mortgages or deed or deeds of trust, or by the joint exercise of said powers and authorities, the purchaser or purchasers thereof, their survivor or survivors, or he or his or they or their associates or assigns, may form a corporation by filing in the office of the secretary of state a certificate specifying the name and style of the corporation, the number of directors, the names of the first directors and the period of their service (not exceeding one (1) year), the amount of original capital, and the number of shares into which said capital is to be divided; and in case of the reorganization of any railroad and its property (situated wholly or partly within this state and whether owned prior to the reorganization proceedings by a corporation of this state or by a corporation of another state) in a proceeding under section 77 of the Act of July 1, 1898, entitled "An act to establish a uniform system of bankruptcy throughout the United States," as amended, any three (3) or more persons, being either directors or officers of the railroad, may form a corporation by filing in the office of the secretary of state a certificate specifying the name and style of the corporation, the number of directors, the names of the first directors and the period of their service (not exceeding one (1) year), the amount of original capital, and the number of shares into which said capital is to be divided; and the persons signing said certificate, and their successors, shall be a body corporate and politic, by the name in said certificate specified, with power to sue and be sued, contract and be contracted with, and maintain and operate the railroad in said certificate named, and transact all business connected with same; and a copy of such certificate, attested by the signature of the secretary of state or his deputy, shall, in all courts and places, be evidence of the due organization and existence of the said corporation and of the matters in said certificate stated.

Formerly: Acts 1945, c.202, s.2.
Ind. Code § 8-4-20-1 — Indiana Code / Title 8 / Article 4 / Chapter 20 / Section 8-4-20-1
Transportation of freight and passengers
Status: in_force

Sec. 1. All railroad companies now organized or that may be hereafter organized under the laws of this state, having connecting roads, may enter into contracts by their respective boards of directors by which the locomotives and trains of one (1) railroad company, for the transportation of freight and passengers, may be run and operated over and upon the track and road of another railroad company, upon such terms as the said companies may agree upon.

Formerly: Acts 1873, c.77, s.1.