Ind. Code § 8-2-21-1 — Indiana Code / Title 8 / Article 2 / Chapter 21 / Section 8-2-21-1
Limitation of actions
Status: in_force

Sec. 1. (a) All actions at law by carriers for recovery of their charges or any part thereof must begin within three (3) years from the time the cause of action accrues and not after.

(b) For recovery of overcharges, actions at law must begin, or complaint must be filed with the Indiana department of transportation, against carriers subject to this chapter within three (3) years from the time the cause of action accrues and not after, subject to subsection (c), except that if claim for the overcharge is presented in writing to the carrier within the three (3) year period of limitation, the period shall be extended to include six (6) months from the time notice in writing is given by the carrier to the claimant of disallowance of the claim or any part or parts thereof specified in the notice.

(c) If on or before the expiration of the three (3) year period of limitation in subsection (a) or (b), a carrier subject to this chapter begins action under subsection (a) for recovery of charges in respect of the same transportation service, or without beginning action, collects charges in respect of that service, the period of limitation shall be extended to include ninety (90) days from the time such action is begun or charges are collected by the carrier.

(d) The cause of action in respect of a shipment of property for the purposes of this section accrues upon delivery or tender of delivery thereof by the carrier and not after.

(e) The term "overcharges", as used in this section, means charges for the transportation services in excess of those applicable thereto under the tariffs lawfully on file with the Indiana department of transportation.

Formerly: Acts 1941, c.151, s.1; Acts 1961, c.110, s.1. As amended by P.L.59-1984, SEC.118; P.L.89-1985, SEC.11; P.L.18-1990, SEC.33.
Ind. Code § 8-21-9-8 — Indiana Code / Title 8 / Article 21 / Chapter 9 / Section 8-21-9-8
Repealed
Status: repealed

Formerly: Acts 1971, P.L.105, SEC.2. Repealed by Acts 1980, P.L.74, SEC.434.
Ind. Code § 8-15.7-4-1 — Indiana Code / Title 8 / Article 15.7 / Chapter 4 / Section 8-15.7-4-1
Request for proposals; required studies; public hearing; public comment process
Status: in_force

Sec. 1. (a) The department may request proposals from private entities for all or part of the development, financing, and operation of one (1) or more projects.

(b) If all or part of the project will consist of a tollway, the department shall take the following steps before the commencement of the procurement process under this chapter:

(1) The department shall cause to be prepared a preliminary feasibility study and an economic impact study on that part of the project consisting of a tollway by a firm or firms internationally recognized in the preparation of studies or reports on the financial feasibility and economic impact of proposed toll road projects. Before the preparation of the preliminary feasibility study and the economic impact study, the department must conduct a public hearing on the proposed studies in the county seat of the county in which the proposed project would be located. At least ten (10) days before each public hearing, the authority shall:

(A) post notice of the public hearing on the department's website;

(B) publish notice of the public hearing one (1) time in accordance with IC 5-3-1 in two (2) newspapers of general circulation in the county in which the proposed project would be located; and

(C) include in the notices under clauses (A) and (B):

(i) the date, time, and place of the hearing;

(ii) the subject matter of the hearing;

(iii) a description of the purpose of the proposed preliminary feasibility study and economic impact study; and

(iv) a description of the proposed project and its location.

At the hearing, the department shall allow the public to be heard on the proposed studies and the proposed project.

(2) The preliminary feasibility study must be based upon a public-private financial and project delivery structure. The economic impact study must, at a minimum, include an analysis of the following matters with respect to the proposed project:

(A) Economic impacts on existing commercial and industrial development.

(B) Potential impacts on employment.

(C) Potential for future development near the project area, including consideration of locations for interchanges that will maximize opportunities for development.

(D) Fiscal impacts on revenues to local units of government.

(E) Demands on government services, such as public safety, public works, education, zoning and building, and local airports.

The department shall post copies of the preliminary feasibility study and the economic impact study on the department's website and shall also provide copies of the studies to the governor and to the legislative council (in an electronic format under IC 5-14-6).

(3) After the completion of the preliminary feasibility study and the economic impact statement, the department shall schedule a public hearing on the proposed project and the studies in the county seat of the county that would be an affected jurisdiction for purposes of the proposed project. At least ten (10) days before the public hearing, the department shall:

(A) post notice of the public hearing on the department's website;

(B) publish notice of the hearing one (1) time in accordance with IC 5-3-1 in two (2) newspapers of general circulation in the county; and

(C) include the following in the notices under clauses (A) and (B):

(i) The date, time, and place of the hearing.

(ii) The subject matter of the hearing.

(iii) A description of the proposed project, its location, the part of the project consisting of a tollway, and, consistent with the assessments reached in the preliminary feasibility study, the estimated total cost of the acquisition, construction, installation, equipping, and improving of the proposed project, as well as the part of the project consisting of a tollway.

(iv) The address and telephone number of the department.

(v) A statement concerning the availability of the preliminary feasibility study and the economic impact study on the department's website.

(4) At the hearing, the department shall allow the public to be heard on the proposed project, the preliminary feasibility study, and the economic impact study.

(5) For the thirty (30) days following the public hearing on the proposed project, the department shall receive comments from the public on the proposed project. The comments may address any aspect of the proposed project.

(6) Within fifteen (15) days following the close of the public comment period, the department shall publish on the department's website the department's replies to the public comments submitted to the department during the public comment period.

(7) After the completion of the response period described in subdivision (6), the department shall submit the preliminary feasibility study, the economic impact study, the public comments received, and the department responses to the public comments to the budget committee for its review before the commencement of the procurement process under this chapter. If the preliminary feasibility study or the economic impact study submitted for review provides for any tolls, the budget committee shall hold a meeting and conduct a review of the preliminary feasibility study and the economic impact study not later than ninety (90) days after the date the preliminary feasibility study and the economic impact study are submitted for review.

As added by P.L.47-2006, SEC.40. Amended by P.L.85-2010, SEC.16; P.L.163-2011, SEC.11; P.L.218-2017, SEC.77; P.L.19-2023, SEC.3.
Ind. Code § 8-6-7.7-1.1 — Indiana Code / Title 8 / Article 6 / Chapter 7.7 / Section 8-6-7.7-1.1
"Person"
Status: in_force

Sec. 1.1. As used in this chapter, "person" means an individual, a firm, a limited liability company, a corporation, an association, a fiduciary, or a governmental entity.

As added by P.L.198-2016, SEC.70.
Ind. Code § 8-15.5-2-9 — Indiana Code / Title 8 / Article 15.5 / Chapter 2 / Section 8-15.5-2-9
"Request for proposals"
Status: in_force

Sec. 9. "Request for proposals" means all materials and documents prepared by or on behalf of the authority to solicit proposals from offerors to enter into a public-private agreement.

As added by P.L.47-2006, SEC.39.
Ind. Code § 8-22-3.6-1 — Indiana Code / Title 8 / Article 22 / Chapter 3.6 / Section 8-22-3.6-1
Definitions applicable to chapter
Status: in_force

Sec. 1. The definitions in IC 8-22-3.5 apply throughout this chapter.

As added by P.L.108-1993, SEC.10.
Ind. Code § 8-23-26-15 — Indiana Code / Title 8 / Article 23 / Chapter 26 / Section 8-23-26-15
National system of interstate highways; application; costs of future relocations and adjustments
Status: in_force

Sec. 15. (a) This section does not apply to a relocation included in the national system of interstate highways if the placement of the facilities was made solely to cross the highway.

(b) Whenever a utility locates new facilities on a highway included in the national system of interstate highways after June 30, 1991, the utility shall bear the cost of all future relocations and adjustments of the facilities caused by highway or bridge construction or improvements.

As added by P.L.63-1992, SEC.4.
Ind. Code § 8-14-15.2-7 — Indiana Code / Title 8 / Article 14 / Chapter 15.2 / Section 8-14-15.2-7
Trust established as an irrevocable trust; termination of trust
Status: in_force

Sec. 7. A trust established under this chapter must be an irrevocable trust and may not be revoked or terminated by the authority or any other person, nor may it be amended or altered by the authority or any other person. However, the terms of the trust must provide that the trust terminates when no funds remain in the trust.

As added by P.L.189-2018, SEC.79.
Ind. Code § 8-21-9-7 — Indiana Code / Title 8 / Article 21 / Chapter 9 / Section 8-21-9-7
Repealed
Status: repealed

Formerly: Acts 1971, P.L.105, SEC.2. Repealed by Acts 1980, P.L.74, SEC.434.
Ind. Code § 8-23-10-0.5 — Indiana Code / Title 8 / Article 23 / Chapter 10 / Section 8-23-10-0.5
Applicability of qualification requirement under IC 5-16-13; exemption for local unit projects
Status: in_force

Sec. 0.5. (a) The definitions in IC 5-16-13 apply to this section.

(b) For purposes of IC 5-16-13-10(c) and this section, a contractor must be qualified under this chapter before doing any work on a public works project that is the construction, improvement, alteration, repair, or maintenance of a highway, street, or road (as defined in IC 8-23-1.1-22) or alley.

(c) Notwithstanding the applicability date specified in IC 5-16-13-10(c) and subject to subsection (d), the requirement that a contractor must be qualified under this chapter before doing any work on a public works project applies to a public works contract awarded after December 31, 2016.

(d) This subsection applies to a public works project awarded after December 31, 2016, by a local unit. A contractor in any contractor tier is not required to be qualified under this chapter before doing any work on a public works project awarded by a local unit whenever:

(1) the total amount of the contract awarded to the contractor for work on the public works project is less than three hundred thousand dollars ($300,000); and

(2) the local unit complies with IC 36-1-12 in awarding the contract for the public works project.

As added by P.L.144-2016, SEC.3. Amended by P.L.85-2017, SEC.39; P.L.145-2026, SEC.39.
Ind. Code § 8-2.1-22-40 — Indiana Code / Title 8 / Article 2.1 / Chapter 22 / Section 8-2.1-22-40
Application forms for certificates to operate motor vehicles; fees
Status: in_force

Sec. 40. (a) All applications under this chapter for a certificate to operate motor vehicles, intrastate or interstate, shall be made on forms prescribed by the department.

(b) All applications for a certificate to operate motor vehicles intrastate on the public highways shall be accompanied by a filing fee of one hundred dollars ($100). Each petition for reinstatement of a certificate to operate motor vehicles intrastate, on the highways of this state, shall be accompanied by a filing fee of fifty dollars ($50). A common carrier reinstatement shall only occur within two (2) years of the voluntarily ceased operations date provided to the department by the carrier.

(c) All applications for an emergency temporary certificate to operate motor vehicles on the highways of this state in intrastate commerce, shall be accompanied by a filing fee of one hundred dollars ($100).

(d) All applications for a change in the name of the holder of a certificate, which change of name does not involve a change in the ownership of the operating rights of the certificate holder, shall be made by verified petition to the department, and the applications shall be accompanied by a filing fee of twenty-five dollars ($25).

(e) Each application for alteration or change of a certificate to operate motor vehicles intrastate, on the public highways, shall be accompanied by a filing fee of fifty dollars ($50).

As added by P.L.99-1989, SEC.13. Amended by P.L.110-1995, SEC.27; P.L.176-2006, SEC.9; P.L.205-2025, SEC.46.
Ind. Code § 8-15-2-18 — Indiana Code / Title 8 / Article 15 / Chapter 2 / Section 8-15-2-18
Maintenance of toll road projects
Status: in_force

Sec. 18. (a) Each toll road project as defined in section 4(4) of this chapter, when constructed and opened to traffic shall be maintained and kept in good condition and repair by the authority. Each such project shall also be policed and operated by such force of police, toll-takers, and other operating employees as the authority may in its discretion employ.

(b) All public or private property damaged or destroyed in carrying out the powers granted by this chapter shall be restored or repaired and placed in its original condition as nearly as practicable or adequate compensation made therefor out of funds provided under the authority of this chapter.

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

Formerly: Acts 1951, c.281, s.18; Acts 1957, c.281, s.1. As amended by Acts 1978, P.L.6, SEC.17; Acts 1980, P.L.74, SEC.251; Acts 1981, P.L.41, SEC.56; P.L.109-1983, SEC.24; P.L.32-2021, SEC.19.
Ind. Code § 8-10-3-2 — Indiana Code / Title 8 / Article 10 / Chapter 3 / Section 8-10-3-2
Authority for establishment and operation of foreign-trade zones
Status: in_force

Sec. 2. The ports of Indiana, or a public or private agency or corporation of the state of Indiana designated by the ports of Indiana, is hereby authorized to make application to the board established by the act of Congress approved June 18, 1934 (48 Stat. 998-1003; 19 United States Code 81a-81u) (Public Law 397, 73rd Congress) entitled "an act to provide for the establishment, operation, and maintenance of foreign-trade zones in ports of entry of the United States to expedite and encourage foreign commerce and other purposes," and all acts amendatory thereto, for a grant to the ports of Indiana, or a public or private agency or corporation of the state of Indiana designated by the ports of Indiana, of the privilege of establishing, operating, and maintaining a foreign-trade zone at such places within the state of Indiana as the ports of Indiana may determine, including lake ports, river ports, and elsewhere, pursuant to the provisions of such act, and if such application be granted to accept such grant and to establish, operate, and maintain such zone in accordance with law.

Formerly: Acts 1965, c.237, s.2; Acts 1975, P.L.84, SEC.2. As amended by Acts 1976, P.L.28, SEC.1; P.L.98-2008, SEC.43.
Ind. Code § 8-21-9-37 — Indiana Code / Title 8 / Article 21 / Chapter 9 / Section 8-21-9-37
Powers and duties of department; application to chapter
Status: in_force

Sec. 37. The powers, duties, and functions of the department under IC 8-21-1 shall not apply to the operation of any airport created under the authority of this chapter. However, statewide regulatory powers of the department shall appertain thereto in aviation communications, air safety, or enforcement of IC 8-21-10, the high structure safety law.

Formerly: Acts 1971, P.L.105, SEC.2; Acts 1973, P.L.73, SEC.2. As amended by Acts 1980, P.L.74, SEC.365; P.L.3-1990, SEC.34.
Ind. Code § 8-4.5-3-1 — Indiana Code / Title 8 / Article 4.5 / Chapter 3 / Section 8-4.5-3-1
Duties of departments
Status: in_force

Sec. 1. (a) The departments annually shall do the following:

(1) Prepare a list of existing rights-of-way that might be abandoned during the following year.

(2) Set priorities for potential future uses of rights-of-way consistent with the Indiana department of transportation's comprehensive transportation plan and the department of natural resources trail system plan.

(3) Contact each railroad owner that holds an interest in a corridor in Indiana to assess the status and any issues concerning corridors that may be abandoned.

(b) The Indiana department of transportation annually, in consultation with affected state and local agencies, shall prepare a list of corridors for preservation.

As added by P.L.40-1995, SEC.3. Amended by P.L.59-2005, SEC.1; P.L.133-2012, SEC.56.
Ind. Code § 8-6-2.1-16 — Indiana Code / Title 8 / Article 6 / Chapter 2.1 / Section 8-6-2.1-16
Costs to be borne by parties in interest
Status: in_force

Sec. 16. (a) The total cost of the improvement to be borne by all the parties in interest includes the following:

(1) The cost of constructing the grade elimination structure and the cost of raising or lowering the grade, or other alteration of any public highway, the construction or reconstruction of the pavement, including sidewalks and curbs, and the alteration, relocation and construction of drains or sewers required by the improvement.

(2) The cost of elevation, depression, alteration, removal, relocation, construction and reconstruction of any railroad track or tracks and other facilities within or without the city.

(3) The cost of any land, right-of-way, or other property required for the improvement.

(4) The amount of damages, if any, recoverable under law by any person due to the improvement.

(5) The compensation for services of the special engineer and additional engineering force, and of special counsel, if any, employed by the board, all of whom the board may employ.

(6) The cost of supervision and inspection, the giving of notices, and all other expense necessarily incurred by the board in connection with the proceedings and improvement.

(b) The total cost to be borne by all the parties in interest does not include the expense of opening new or additional highways, or the expense of establishing additional lanes of traffic to any highways, or the expense of providing rights-of-way or other facilities which represent an enlargement of or betterments to the facilities of any railroad affected by the improvement.

[Pre-Local Government Recodification Citation: 19-5-14-16.]

As added by Acts 1980, P.L.8, SEC.70.
Ind. Code § 8-22-2-18.5 — Indiana Code / Title 8 / Article 22 / Chapter 2 / Section 8-22-2-18.5
Payment of costs of airport capital improvements; loans; requirements
Status: in_force

Sec. 18.5. (a) The board may negotiate terms and borrow money from any source for the payment of the costs of airport capital improvements, including the acquisition of real property or construction or improvement of revenue producing buildings or facilities located on an airport and owned and operated by the eligible entity, subject to the following requirements:

(1) The loan contract must be approved by resolution of the board and the fiscal body of the eligible entity that established the board.

(2) The loan contract must provide for the repayment of the loan in not more than forty (40) years.

(3) The loan contract must state that the indebtedness is that of the board, is payable solely from revenues of the board that are derived from either airport operations or from revenue bonds, and may not be paid by a tax levied on property located within the district.

(b) A loan contract issued under this chapter is issued for essential public and governmental purposes. A loan contract, the interest on the contract, the proceeds received by a holder from the sale of a loan contract to the extent of the holder's cost of acquisition, proceeds received upon redemption before maturity, proceeds received at maturity, and the receipt of the interest and proceeds are exempt from taxation as provided in IC 6-8-5.

(c) After a board enters into a loan contract, the board may use funds received from state or federal grants to satisfy the repayment of part or all of the loan contract.

As added by P.L.77-1990, SEC.2. Amended by P.L.90-2002, SEC.327; P.L.61-2012, SEC.2; P.L.174-2022, SEC.49.
Ind. Code § 8-1-2.8-17 — Indiana Code / Title 8 / Article 1 / Chapter 2.8 / Section 8-1-2.8-17
Payments of surcharge
Status: in_force

Sec. 17. A LEC that collects a surcharge under this chapter shall pay the amount collected for the surcharge on the terms and in the manner determined under section 21(2) of this chapter to a not-for-profit corporation formed under IC 23-7-1.1 (before its repeal on August 1, 1991) or IC 23-17 and named "The Indiana Telephone Relay Access Corporation for the Hearing and Speech Impaired". However, no payments under this section may be made to the InTRAC until the following occur:

(1) The InTRAC files with the commission the following:

(A) A certificate of existence issued by the secretary of state that certifies that the InTRAC is in existence under Indiana law.

(B) A certificate in which two (2) authorized officers of the InTRAC certify that the corporation meets the requirements of section 18 of this chapter.

(C) A document executed by an authorized officer of the InTRAC in which the InTRAC agrees to meet the requirements of sections 18 and 21 of this chapter.

(2) Copies of the certificates described in subdivision (1)(A) and (1)(B) have been delivered to each LEC that collects the surcharge required by this chapter.

As added by P.L.75-1991, SEC.1. Amended by P.L.1-2010, SEC.40.
Ind. Code § 8-2.1-17-1 — Indiana Code / Title 8 / Article 2.1 / Chapter 17 / Section 8-2.1-17-1
Application
Status: in_force

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

As added by P.L.99-1989, SEC.8.
Ind. Code § 8-1-22.5-4 — Indiana Code / Title 8 / Article 1 / Chapter 22.5 / Section 8-1-22.5-4
Powers and duties
Status: in_force

Sec. 4. The division, acting through the commission, shall:

(1) Administer and require compliance with federal safety standards applicable to transportation and related pipeline facilities established under the Natural Gas Pipeline Safety Act of 1968 and the Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. 60101 et seq.), and otherwise administer this chapter in such manner as may be required in order to maintain and continue in effect certification of the commission under 49 U.S.C. 60105.

(2) Establish, by rules and regulations of the commission, minimum state safety standards for transportation and related pipeline facilities. Such standards shall not be less stringent than the federal safety standards established under 49 U.S.C. 60101 et seq. and shall apply to the design, installation, inspection (including the taking possession of pipe and pipeline components), testing, construction, extension, operation, replacement, and maintenance of such pipeline facilities. Such new standards affecting the design, installation, construction, initial inspection, and initial testing shall not be applicable to pipeline facilities in existence prior to the date such standards are established. In establishing such standards, the following shall be considered:

(A) relevant available pipeline safety data;

(B) whether such standards are appropriate for the particular type of pipeline transportation;

(C) the reasonableness of any proposed standards;

(D) the extent to which such standards will contribute to public safety; and

(E) federal safety standards established under 49 U.S.C. 60101 et seq.

(3) Whenever a particular pipeline facility is found to be hazardous to human life or property, require, through the issuance of a hazardous condition order, the person who owns, operates, or leases such pipeline facility to take such action necessary to remove such hazards. Except in cases where immediate or extreme emergency is found to exist, such order shall not be issued until such person is afforded an opportunity to present the person's views and any facts bearing on the situation. In any event, unless such order is issued after notice and hearing, the person to whom such order is directed shall be entitled to prompt notice and hearing on the question as to whether such order shall be continued in effect.

(4) Review all incidents reported within the state involving accidents resulting in personal injury requiring hospitalization, death, or property damage in excess of fifty thousand dollars ($50,000), when the same is accompanied by an explosion, misapplication, and/or escapement of gas, hazardous liquid, or carbon dioxide fluid. Copies of any official report of the division shall be available for distribution to all interested persons, for the purpose of promoting pipeline safety.

(5) Keep itself informed as to research and development regarding pipeline safety.

Formerly: Acts 1971, P.L.84, SEC.1. As amended by P.L.59-1984, SEC.88; P.L.118-2006, SEC.3.
Ind. Code § 8-1-17-2.2 — Indiana Code / Title 8 / Article 1 / Chapter 17 / Section 8-1-17-2.2
Telephone cooperative corporations formed before July 1, 2020
Status: in_force

Sec. 2.2. (a) A telephone cooperative corporation formed under this chapter before July 1, 2020, is, after June 30, 2020:

(1) considered to be a communications cooperative corporation; and

(2) subject to this chapter;

as if the telephone cooperative corporation were formed under this chapter after June 30, 2020.

(b) After June 30, 2020, a reference in a statute, rule, or other document to a telephone cooperative corporation formed under this chapter is considered a reference to a communications cooperative corporation formed under this chapter.

As added by P.L.81-2020, SEC.6.
Ind. Code § 8-1-32.4-10 — Indiana Code / Title 8 / Article 1 / Chapter 32.4 / Section 8-1-32.4-10
Repealed
Status: repealed

As added by P.L.27-2006, SEC.54. Repealed by P.L.8-2012, SEC.5.
Ind. Code § 8-15-3-4 — Indiana Code / Title 8 / Article 15 / Chapter 3 / Section 8-15-3-4
"Public road"
Status: in_force

Sec. 4. As used in this chapter, "public road" includes any public highway, road, and street in the state (including any toll road or tollway), whether maintained by the state, a county, a city, a town, or any other political subdivision or body corporate and politic separate from the state but exercising powers constituting essential government functions.

As added by P.L.386-1987(ss), SEC.13.
Ind. Code § 8-1-2-54.1 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-54.1
Actions for mandate to compel hearing or issuance of orders
Status: in_force

Sec. 54.1. Notwithstanding any other law, if the commission fails to conduct a formal public hearing or to issue an order within a reasonable period of time upon a complaint that complies with sections 54 or 61 of this chapter, the complainant may bring an action for mandate under IC 34-27 to compel the commission to conduct the hearing or to issue the order. However, notwithstanding IC 34-27 or any other law or rule, the action for mandate may only be filed in the court of appeals. For the purposes of IC 1-1-1-8, if any part of this section is held invalid, the entire section is void.

As added by P.L.106-1989, SEC.1. Amended by P.L.1-1998, SEC.86.
Ind. Code § 8-1-26-11.2 — Indiana Code / Title 8 / Article 1 / Chapter 26 / Section 8-1-26-11.2
"Pipeline facilities"
Status: in_force

Sec. 11.2. As used in this chapter, "pipeline facilities" has the meaning set forth in IC 8-1-22.5-1(d).

As added by P.L.62-2009, SEC.10.
Ind. Code § 8-3-21-7 — Indiana Code / Title 8 / Article 3 / Chapter 21 / Section 8-3-21-7
Effective date
Status: in_force

Sec. 7. This compact becomes effective upon the adoption of the compact into law by at least two (2) of the participating states. Thereafter, the compact becomes effective for another participating state upon the enactment of the compact by the state.

As added by P.L.58-1992, SEC.1.
Ind. Code § 8-1-8.4-5 — Indiana Code / Title 8 / Article 1 / Chapter 8.4 / Section 8-1-8.4-5
"Federally mandated requirements"
Status: in_force

Sec. 5. As used in this chapter, "federally mandated requirement" means a requirement that the commission determines is imposed on an energy utility by the federal government in connection with any of the following:

(1) The federal Clean Air Act (42 U.S.C. 7401 et seq.).

(2) The federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).

(3) The federal Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.).

(4) The federal Toxic Substances Control Act (15 U.S.C. 2601 et seq.).

(5) Standards or regulations concerning the integrity, safety, or reliable operation of:

(A) transmission; or

(B) distribution;

pipeline facilities.

(6) Requirements relating to a license issued by the United States Nuclear Regulatory Commission to operate a nuclear energy production or generating facility (as defined in IC 8-1-8.8-8.5).

(7) Any other law, order, or regulation administered or issued by the United States Environmental Protection Agency, the United States Department of Transportation, the Federal Energy Regulatory Commission, or the United States Department of Energy.

As added by P.L.150-2011, SEC.1.
Ind. Code § 8-18-21-19 — Indiana Code / Title 8 / Article 18 / Chapter 21 / Section 8-18-21-19
Dissolution of authority
Status: in_force

Sec. 19. (a) The county fiscal body and the municipal fiscal body of the county seat may by concurrent resolution dissolve a toll road authority. They may consider dissolving the toll road authority at any time, but they shall consider dissolving the toll road authority when they are presented with a petition signed by twenty percent (20%) of the registered voters residing in the county or thirty-five percent (35%) of the registered voters residing in the county seat.

(b) The concurrent resolution must provide a plan for paying any obligations, including bonds, of the toll road authority and for the disposition of the funds and property of the toll road authority.

As added by P.L.386-1987(ss), SEC.21.
Ind. Code § 8-1-6-3 — Indiana Code / Title 8 / Article 1 / Chapter 6 / Section 8-1-6-3
"Public utility" and "gross revenue" defined
Status: in_force

Sec. 3. The term "public utility", as used in this chapter, shall mean and embrace every corporation, company, cooperative organization of any kind, individual, association of individuals, their lessees, trustees, or receivers appointed by any court whatsoever that on or after March 15, 1969, may own, operate, manage, or control any plant or equipment within the state for the conveyance of telegraph or telephone messages, or for the production, transmission, delivery, or furnishing of heat, light, water, or power, or for the collection, treatment, purification, and disposal in a sanitary manner of liquid and solid waste, sewage, night soil, and industrial waste, for service directly or indirectly to the public, but said term shall not include a municipality that may after March 14, 1969, acquire, own, or operate any of the foregoing facilities.

The term "gross revenue", as used in this chapter, shall include all intrastate operating revenue received by a public utility for the conveyance of telegraph or telephone messages or for the production, transmission, delivery, or furnishing of heat, light, water, or power, or for the collection, treatment, purification, or disposal in any sanitary manner of liquid or solid waste, sewage, night soil, and industrial waste for service directly or indirectly to the public. Provided, however, that such term shall not include revenue derived by a public utility in the sale of public utility services, products, or commodities to another public or municipal utility for resale by the latter.

Formerly: Acts 1969, c.360, s.3. As amended by P.L.59-1984, SEC.53.
Ind. Code § 8-23-26-6 — Indiana Code / Title 8 / Article 23 / Chapter 26 / Section 8-23-26-6
Reimbursements; approval of agreements
Status: in_force

Sec. 6. The commissioner must approve an agreement negotiated under section 5 of this chapter.

As added by P.L.63-1992, SEC.4.
Ind. Code § 8-1-2-60 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-60
Complaints against utilities; hearings; decision and order
Status: in_force

Sec. 60. Notice of the time and place for such hearing shall be given to the public utility and to such other interested persons as the commission shall deem necessary, as provided in section 56 of this chapter, and thereafter proceedings shall be had and conducted in reference to the matter investigated in like manner as though complaint had been filed with the commission relative to the matter investigated, and the same order or orders may be made in reference thereto as if such investigation had been made on complaint.

Formerly: Acts 1913, c.76, s.63. As amended by P.L.59-1984, SEC.26.
Ind. Code § 8-1.5-2-31 — Indiana Code / Title 8 / Article 1.5 / Chapter 2 / Section 8-1.5-2-31
Leased waterworks facilities; tax exemptions
Status: in_force

Sec. 31. All waterworks facilities leased by a lessor contracting with a municipality under this chapter are exempt from all state, county, and other taxes. However, the rental paid to a lessor under the terms of such a lease is subject to all applicable taxes.

As added by Acts 1982, P.L.74, SEC.1.
Ind. Code § 8-1-17-20 — Indiana Code / Title 8 / Article 1 / Chapter 17 / Section 8-1-17-20
Rates and charges; revenues and receipts not needed; REA borrowers; rates sufficient to repay financial assistance
Status: in_force

Sec. 20. (a) A local cooperative corporation shall be required to furnish reasonably adequate communications services and facilities. The charge made by any local cooperative corporation for any service rendered or to be rendered, either directly or in connection with the service, shall be nondiscriminatory, reasonable, and just, and every discriminatory, unjust, or unreasonable charge for communications service is prohibited and declared unlawful. Reasonable and just charges for communications service within the meaning of this section are those charges that produce sufficient revenue to pay all legal and other necessary expense incident to the operation of the local cooperative corporation's system, including maintenance costs, operating charges, upkeep, repairs, interest charges on bonds or other obligations, to provide a sinking fund for the liquidation of bonds or other evidences of indebtedness, to provide adequate funds to be used as working capital, as well as funds for making extensions and replacements, and also for the payment of any taxes that may be assessed against the cooperative corporation or its property. Charges described in this section must produce an income sufficient to maintain the local cooperative corporation's property in sound physical and financial condition to render adequate and efficient service. Any rate too low to meet the foregoing requirements is unlawful. Revenues and receipts not needed for the purposes described in this section, or not needed in reserves for those purposes, shall be returned to the patrons on a pro rata basis according to the amounts paid by them for communications service. Amounts returned under this section shall be either in cash or in abatement of current charges for communications service, as the board may decide.

(b) As used in subsection (d), "financial assistance" means:

(1) a loan or loan guarantee; or

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

including loans made by the Rural Electrification Administration of the United States Department of Agriculture (REA) or by the Rural Telephone Bank.

(c) As used in subsections (d) and (e), "REA borrower" means a corporation created under this chapter that is the recipient of financial assistance.

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

(1) satisfy its reasonable expenses and obligations; and

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

(e) So long as there remains any unpaid portion of any financial assistance associated with the property of an REA borrower, the rates of the REA borrower shall 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.

Formerly: Acts 1951, c.193, s.20. As amended by P.L.74-1991, SEC.3; P.L.97-1993, SEC.9; P.L.27-2006, SEC.48; P.L.81-2020, SEC.12.
Ind. Code § 8-9.5-8-6 — Indiana Code / Title 8 / Article 9.5 / Chapter 8 / Section 8-9.5-8-6
Contracts or leases; requisite provisions
Status: in_force

Sec. 6. (a) With respect to each toll road project and each toll bridge, the authority may enter into:

(1) a contract with the department under section 7 of this chapter for any or all of the purposes enumerated in section 7(b) of this chapter; or

(2) a lease with the department under section 8 of this chapter for any or all of the purposes enumerated in section 8(b) of this chapter.

(b) If the authority determines that the department is not complying with a contract or lease:

(1) the authority shall reassume responsibility for the construction, reconstruction, improvement, operation, maintenance, and repair of the toll road project or toll bridge; and

(2) the contract or lease shall be terminated by the authority.

(c) If the authority enters into a contract or lease with the department as provided in subsection (a), the contract or lease must contain, in addition to the requirements of section 7 or 8 of this chapter, the following:

(1) A description of the toll road project or toll bridge setting forth in general terms its principal features, such as geographic location, terminal points, widths of rights-of-way, number of lanes in each direction, width of traffic lanes, widths of shoulders, location and nature of access points, tunnels, overpasses, underpasses, interchanges, bridges, entrance plazas, approaches, connecting highways, and tollhouses.

(2) Provisions for construction, reconstruction, or improvement of the toll road project or toll bridge.

(3) Provisions for operation, maintenance, and repair of the toll road project or toll bridge in accordance with any applicable trust agreement.

(4) Provisions requiring the toll road project or the toll bridge to be managed as a unit separate from any other district or division of the department.

As added by P.L.109-1983, SEC.3.
Ind. Code § 8-4-24-2 — Indiana Code / Title 8 / Article 4 / Chapter 24 / Section 8-4-24-2
Powers, privileges, facilities, and franchises
Status: in_force

Sec. 2. Such corporation shall possess all the powers, rights, privileges, immunities, faculties, and franchises in respect to the said railroad, or the part thereof purchased as aforesaid, which were possessed or enjoyed by the corporation that owned or held the said railroad previous to such sale by virtue of its charter or amendments thereto or other laws of this state, or of any state not inconsistent with the laws of this state in which any part of the said railroad is situate, and shall also have power, by agreement of the persons forming the said corporation as aforesaid, or by a vote of a majority in interest of the stockholders, at any time within six (6) months after the formation of the said corporation, to assume any debts or liabilities of the corporation which owned or held the said railroad before the said sale; and in like manner and within a like period, to make such adjustments with any stockholders of the said last mentioned corporation as it may deem expedient, and, for the said purposes, to use such portions of the bonds and stock it may be authorized to create as it may deem necessary, and in such manner as it may deem proper; and shall also have power to make and issue bonds, payable at such times and places and bearing such rates of interest as it may deem expedient, and to sell or dispose of such bonds at such prices and in such manner as it may deem proper, and to secure the payment of any bonds which it may make, issue, or assume to pay, by a mortgage or mortgages or deed or deeds of trust of its railroad, or of any part thereof, or any other of its property, real or personal; and may include in such mortgage or mortgages or deed or deeds of trust any locomotives, cars, and other rolling stock and equipments, and any machinery, tools, implements, fuel, and materials, whether then held or thereafter to be acquired for the constructing, operating, repairing, or replacing the said railroad, or any part thereof, or any of its equipments or appurtenances; all of which property, so included, whether then held or thereafter to be acquired, shall be subject to the lien and operation of such mortgage or mortgages or deed or deeds of trust, all franchises held by said corporation and connected with or relating to the said railroad, and all corporate franchises of the said company; which said franchises, in case of sale by virtue of any such mortgage or mortgages or deed or deeds of trust, are hereby declared to pass to the purchasers, so as to enable them to form a corporation in the manner prescribed in this chapter, and to vest in such corporation all the faculties, powers, authorities, immunities, and franchises conferred by this chapter; and the said corporation shall have power to establish a sinking fund for the redemption of any of its debts; and shall likewise have power to issue capital stock to such aggregate amount as it shall deem necessary, not exceeding any limitation which may be fixed by agreement with the persons forming the said company in the manner provided in this chapter, and may establish preference in respect to dividends in favor of one (1) or more classes of the said stock, in such order and manner and to such extent and with securities, as it may deem expedient; and may confer on holders of any bonds which it may issue or assume to pay such rights to vote at all meetings of stockholders, not exceeding one (1) vote for every one hundred dollars ($100) of the par amount of the said bonds, as may by it be deemed advisable, which rights when once fixed, shall attach to and pass with such bonds, under such regulations as the bylaws may prescribe, to the successive holders thereof, but shall not subject any holders to any assessment by the said company, or to any liability for its debts, or entitle any holder to dividends; and the said corporation shall also have capacity to hold and enjoy and exercise within other states the aforesaid faculties, powers, rights, immunities, and franchises, and such others as may be conferred upon it by any law of the state or of any other state in which any part of its railroad may be situate or in which it may do any part of its business, and to hold meetings of stockholders and directors, and to do all corporate acts and all things without this state as validly as it may do the same within this state.

Formerly: Acts 1861, c.78, s.2. As amended by P.L.62-1984, SEC.75.
Ind. Code § 8-6-7.7-6.1 — Indiana Code / Title 8 / Article 6 / Chapter 7.7 / Section 8-6-7.7-6.1
Railroad grade crossing fund
Status: in_force

Sec. 6.1. (a) The railroad grade crossing fund is created.

(b) The railroad grade crossing fund may be used by the Indiana department of transportation for the following purposes:

(1) To carry out the provisions of this chapter.

(2) For passive railroad crossing safety improvement projects by a unit of government, including:

(i) illumination;

(ii) pavement markings;

(iii) median barriers;

(iv) signage; and

(v) other safety improvement measures.

(3) For passive railroad crossing safety projects submitted by railroad companies, including:

(i) illumination;

(ii) sight obstruction removal;

(iii) signage;

(iv) reflectorized taping; and

(v) other safety improvement measures.

(c) Notwithstanding subsection (b), an entity undertaking a passive railroad crossing safety project under this section shall pay the cost of acquiring any easements required by the passive railroad crossing safety project and shall be responsible for the maintenance and operation of the completed project.

(d) The balance of money in the railroad grade crossing fund does not revert to the state general fund at the close of any fiscal year but remains available to the Indiana department of transportation.

As added by Acts 1979, P.L.88, SEC.1. Amended by P.L.384-1987(ss), SEC.69; P.L.18-1990, SEC.79; P.L.82-1996, SEC.1; P.L.121-2001, SEC.2.
Ind. Code § 8-15.5-2-4 — Indiana Code / Title 8 / Article 15.5 / Chapter 2 / Section 8-15.5-2-4
"Offeror"
Status: in_force

Sec. 4. "Offeror" means a private entity that has submitted a proposal for a public-private agreement under this article.

As added by P.L.47-2006, SEC.39.
Ind. Code § 8-25-6-4 — Indiana Code / Title 8 / Article 25 / Chapter 6 / Section 8-25-6-4
Model local public question
Status: in_force

Sec. 4. If the county election board of an eligible county receives from a township trustee a certified copy of the resolution adopted under section 2 of this chapter and the approved language for the local public question, the county election board shall place the following question on the election ballot in accordance with IC 3-10-9:

"Shall _________ County impose a local income tax rate, not to exceed a rate of _________ (insert recommended rate included in the ordinance authorizing the local public question), on the local taxpayers residing in ______________ Township to pay for improving or establishing public transportation service in ___________ Township through a public transportation project that _____________ (insert the description of the public transportation project set forth in the township resolution authorizing the local public question)?".

As added by P.L.153-2014, SEC.17. Amended by P.L.197-2016, SEC.97.
Ind. Code § 8-14-15.1-12 — Indiana Code / Title 8 / Article 14 / Chapter 15.1 / Section 8-14-15.1-12
Uniform management of institutional funds act and trust code do not apply
Status: in_force

Sec. 12. IC 30-2-12 and IC 30-4 do not apply to a trust established under this chapter.

As added by P.L.217-2017, SEC.69.
Ind. Code § 8-1-6.1-1 — Indiana Code / Title 8 / Article 1 / Chapter 6.1 / Section 8-1-6.1-1
"Levelized billing plan"
Status: in_force

Sec. 1. As used in this chapter, "levelized billing plan" has the meaning set forth in IC 8-1-2-4.7.

As added by P.L.36-2026, SEC.7.
Ind. Code § 8-1-44-3 — Indiana Code / Title 8 / Article 1 / Chapter 44 / Section 8-1-44-3
"Eligible partner"
Status: in_force

Sec. 3. As used in this chapter, "eligible partner" means any of the following:

(1) An eligible utility.

(2) A person that is a current or prospective customer of an eligible utility and that commits to:

(A) use electricity generated by an SMR to be constructed under the program; or

(B) host on the person's premises an SMR to be constructed under the program.

(3) A capital partner or third party investor.

(4) A military installation (as defined in IC 1-1-16-5).

(5) A reuse authority established under IC 36-7-30-3 for a military base reuse area established under IC 36-7-30-10.

(6) A manufacturer of SMRs.

(7) A state educational institution (as defined in IC 21-7-13-32).

As added by P.L.137-2025, SEC.1.
Ind. Code § 8-1-37-14 — Indiana Code / Title 8 / Article 1 / Chapter 37 / Section 8-1-37-14
Repealed
Status: repealed

As added by P.L.150-2011, SEC.16. Amended by P.L.53-2014, SEC.83; P.L.5-2015, SEC.22. Repealed by P.L.71-2022, SEC.10.
Ind. Code § 8-23-32-8 — Indiana Code / Title 8 / Article 23 / Chapter 32 / Section 8-23-32-8
"Worksite speed control system operator"
Status: in_force

Sec. 8. As used in this chapter, "worksite speed control system operator" means a person described in section 13 of this chapter.

As added by P.L.120-2023, SEC.2.
Ind. Code § 8-1-17-19 — Indiana Code / Title 8 / Article 1 / Chapter 17 / Section 8-1-17-19
Consolidation of corporations; transfer of assets, franchises, and obligations
Status: in_force

Sec. 19. (a) In case of a consolidation, the existence of the consolidating cooperative corporations shall cease and the articles of consolidation are considered the articles of incorporation of the new cooperative corporation.

(b) All rights, privileges, immunities, and franchises and all property, real and personal, including without limitation applications for membership, all debts due on whatever account and all other choses in action, of each of the consolidating cooperative corporations are transferred to and vested in the new cooperative corporation without further act or deed.

(c) The new cooperative corporation shall be responsible and liable for all the liabilities and obligations of each of the consolidating cooperative corporations. Any claim existing or action or proceeding pending by or against any of the consolidating cooperative corporations may be prosecuted as if the consolidation had not taken place but the new cooperative corporation may be instituted in its place.

(d) The new cooperative corporation may operate in all the areas in which the consolidating cooperative corporations were authorized to operate. Before the new corporation may operate in any other area, it shall submit to the commission:

(1) an application for a new certificate of territorial authority under IC 8-1-32.5; or

(2) a notice of change under IC 8-1-32.5-12(7), as allowed by the commission.

(e) The rights of creditors and any liens upon the property of any consolidating cooperative corporations shall not be impaired by the consolidation.

Formerly: Acts 1951, c.193, s.19. As amended by P.L.59-1984, SEC.80; P.L.97-1993, SEC.8; P.L.27-2006, SEC.47.
Ind. Code § 8-1-8.4-7 — Indiana Code / Title 8 / Article 1 / Chapter 8.4 / Section 8-1-8.4-7
Application for certificate of public convenience and necessity; public hearing; conditions for approval; recovery of costs
Status: in_force

Sec. 7. (a) As a condition for receiving the certificate required under section 6 of this chapter, an energy utility must file with the commission an application that sets forth the information described in section 6(b) of this chapter, supported with technical information in as much detail as the commission requires. An application under this section must be filed either:

(1) before; or

(2) within a reasonable time with respect to;

any federally mandated compliance date.

(b) The commission shall hold a properly noticed public hearing on each application and grant a certificate only if the commission has:

(1) made a finding that the public convenience and necessity will be served by the compliance project;

(2) approved the incurred and projected federally mandated costs associated with the compliance project; and

(3) made a finding on each of the factors set forth in section 6(b) of this chapter.

(c) If the commission approves under subsection (b) a compliance project and the federally mandated costs associated with the compliance project, the following apply:

(1) Eighty percent (80%) of the approved federally mandated costs shall be recovered by the energy utility through a periodic retail rate adjustment mechanism that allows the timely recovery of the approved federally mandated costs. The commission shall adjust the energy utility's authorized net operating income to reflect any approved earnings for purposes of IC 8-1-2-42(d)(3) and IC 8-1-2-42(g)(3), with recovery commencing no earlier than:

(A) the date of a final agency action regarding the federally mandated requirement; or

(B) in the absence of a final agency action, the date on which the federally mandated requirement becomes effective.

(2) Twenty percent (20%) of the approved federally mandated costs, including depreciation, allowance for funds used during construction, and post in service carrying costs, based on the overall cost of capital most recently approved by the commission, shall be deferred and recovered by the energy utility as part of the next general rate case filed by the energy utility with the commission.

(3) Actual costs that exceed the projected federally mandated costs of the approved compliance project by more than twenty-five percent (25%) shall require specific justification by the energy utility and specific approval by the commission before being authorized in the next general rate case filed by the energy utility with the commission.

As added by P.L.150-2011, SEC.1. Amended by P.L.2-2023, SEC.5; P.L.81-2023, SEC.3; P.L.170-2023, SEC.5.
Ind. Code § 8-2-15-8 — Indiana Code / Title 8 / Article 2 / Chapter 15 / Section 8-2-15-8
Number of boats; hours for operation
Status: in_force

Sec. 8. Each licensed ferry-keeper shall constantly keep a sufficient number of boats, if more than one (1) be required by the board of commissioners, and give due attendance to the transportation of all persons, with their property, who shall apply for the same, between daylight in the morning and dark in the evening, and at any hour of the night, if required, except in cases of evident danger, to all other persons requiring the same, on their tendering double the rate of ferriage allowed to be taken in the daytime; and such board may require such ferry-keepers to keep such ferry open till midnight.

Formerly: Acts 1881(ss), c.52, s.8.
Ind. Code § 8-17-5-10 — Indiana Code / Title 8 / Article 17 / Chapter 5 / Section 8-17-5-10
Grant-in-aid subsidy
Status: in_force

Sec. 10. (a) Upon receipt of the annual certification from the county auditor, the state comptroller shall distribute from the county highway engineer fund to each county a grant-in-aid subsidy of forty thousand dollars ($40,000) that is to be applied toward the engineer's annual salary. If the county highway engineer is employed by two (2) counties acting jointly, the amount distributed to each county is forty thousand dollars ($40,000).

(b) The state comptroller shall distribute the grant-in-aid subsidies from the county highway engineer fund on a schedule determined by the state comptroller.

Formerly: Acts 1963, c.131, s.10; Acts 1971, P.L.104, SEC.2. As amended by Acts 1980, P.L.77, SEC.2; P.L.86-1988, SEC.131; P.L.120-2019, SEC.3; P.L.9-2024, SEC.298.
Ind. Code § 8-17-1-43 — Indiana Code / Title 8 / Article 17 / Chapter 1 / Section 8-17-1-43
Repealed
Status: repealed

Formerly: Acts 1919, c.112, s.43. As amended by P.L.66-1984, SEC.96. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-17-3-3 — Indiana Code / Title 8 / Article 17 / Chapter 3 / Section 8-17-3-3
Repealed
Status: repealed

Formerly: Acts 1933, c.27, s.3. As amended by P.L.86-1988, SEC.108. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-1-17.5-3 — Indiana Code / Title 8 / Article 1 / Chapter 17.5 / Section 8-1-17.5-3
"Patronage capital"
Status: in_force

Sec. 3. As used in this chapter, "patronage capital" means revenues and receipts returned to members under section 24(d) of this chapter.

As added by P.L.18-2010, SEC.1.
Ind. Code § 8-1-31.6-2 — Indiana Code / Title 8 / Article 1 / Chapter 31.6 / Section 8-1-31.6-2
"Customer lead service line improvement"
Status: in_force

Sec. 2. As used in this chapter, "customer lead service line improvement" means an expenditure that is:

(1) related to a lead service line, including any galvanized steel service line that is or has been connected to any upstream component made of lead or of an unknown material, that is owned by a customer of a water utility;

(2) made by a water utility; and

(3) related to a water utility's plan to replace lead service lines within or connected to the water utility's system, including lines owned by the customer and lines owned by the water utility.

As added by P.L.91-2017, SEC.8. Amended by P.L.15-2019, SEC.8; P.L.6-2024, SEC.1.
Ind. Code § 8-6-5-2 — Indiana Code / Title 8 / Article 6 / Chapter 5 / Section 8-6-5-2
Failure to employ; forfeiture
Status: in_force

Sec. 2. Should said railroad corporation neglect or refuse to comply with said order, they shall forfeit and pay to the state of Indiana not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000).

Formerly: Acts 1891, c.150, s.2.
Ind. Code § 8-21-10-11 — Indiana Code / Title 8 / Article 21 / Chapter 10 / Section 8-21-10-11
Determination not to issue permit; notification of applicant; hearing
Status: in_force

Sec. 11. (a) If the department determines that a permit should not be issued under this chapter, the department shall notify the applicant in writing of its determination. The notification may be served by delivering it personally to the applicant or by sending it by certified mail to the applicant at the address specified in the application.

(b) The determination shall become final fifteen (15) days after notification is served unless the applicant, within such fifteen (15) day period, requests in writing that a hearing be held before the department with reference to the application. All such hearings shall be open to the public and shall be conducted under IC 4-21.5-3. At the hearing, the applicant has the burden to show cause why the department should have granted the permit to erect the proposed structure. Any interested person may appear and be heard either in person or by counsel at such hearings and may present such evidence and testimony as may be pertinent.

As added by P.L.117-1983, SEC.1. Amended by P.L.7-1987, SEC.14.
Ind. Code § 8-1.5-5-5 — Indiana Code / Title 8 / Article 1.5 / Chapter 5 / Section 8-1.5-5-5
Special taxing district
Status: in_force

Sec. 5. (a) The ordinance adopting the provisions of this chapter creates a special taxing district that includes the following:

(1) For a consolidated city, all of the territory of the county containing the consolidated city.

(2) For all other municipalities, all territory within the corporate boundaries of the municipality.

(3) For a county, all the territory in the county that is not located in a municipality.

(b) All the territory within the district constitutes a special taxing district for the purpose of providing for the collection and disposal of storm water of the district in a manner that protects the public health and welfare and for the purpose of levying special benefit taxes for purposes of storm water collection and disposal. All territory in the district and all territory added to the district is considered to have received a special benefit from the storm water collection and disposal facilities of the district equal to or greater than the special taxes imposed on the territory under this chapter in order to pay all or part of the costs of such facilities.

As added by P.L.125-1987, SEC.1. Amended by P.L.93-1993, SEC.7; P.L.98-1993, SEC.5; P.L.282-2003, SEC.8.
Ind. Code § 8-16-2-3 — Indiana Code / Title 8 / Article 16 / Chapter 2 / Section 8-16-2-3
Authority to negotiate construction of bridges
Status: in_force

Sec. 3. In addition to any and all other powers conferred upon it by this chapter, the department is hereby expressly authorized to negotiate with the proper authorities of any such adjoining state, and to contract for and procure the right to build, maintain and operate such bridge upon that part of any site which may be selected therefor and which shall lie within the boundaries of such adjoining state.

Formerly: Acts 1927, c.10, s.3. As amended by Acts 1980, P.L.74, SEC.281.
Ind. Code § 8-1.5-5-2 — Indiana Code / Title 8 / Article 1.5 / Chapter 5 / Section 8-1.5-5-2
"Board" defined
Status: in_force

Sec. 2. As used in this chapter, "board" means the following:

(1) For a consolidated city, the board of public works established by IC 36-3-5-6.

(2) For all other municipalities, the:

(A) board of directors described in section 4 of this chapter; or

(B) board that controls the third class city's municipally owned utilities under IC 8-1.5-3-3(a) if the city has adopted an ordinance under IC 8-1.5-3-3(a) that provides for the control of any or all of the city's storm water facilities by the board that controls the city's municipally owned utilities.

(3) For a county:

(A) the county executive; and

(B) the county surveyor.

As added by P.L.125-1987, SEC.1. Amended by P.L.93-1993, SEC.3; P.L.98-1993, SEC.1; P.L.282-2003, SEC.4.
Ind. Code § 8-14-14-1 — Indiana Code / Title 8 / Article 14 / Chapter 14 / Section 8-14-14-1
"Authority"
Status: in_force

Sec. 1. As used in this chapter, "authority" refers to the Indiana finance authority established by IC 5-1.2-3.

As added by P.L.47-2006, SEC.5. Amended by P.L.189-2018, SEC.72.
Ind. Code § 8-1-13-10 — Indiana Code / Title 8 / Article 1 / Chapter 13 / Section 8-1-13-10
Powers of corporation
Status: in_force

Sec. 10. Each corporation formed under this chapter is hereby vested with all powers necessary or requisite for the accomplishment of its corporate purpose and capable of being delegated by the general assembly of the state of Indiana, and no enumeration of particular powers hereby granted shall be construed to impair any general grant of power contained in this chapter, nor to limit any such grant to a power or powers of the same class or classes as those so enumerated.

Formerly: Acts 1935, c.175, s.10. As amended by P.L.59-1984, SEC.67; P.L.171-2017, SEC.4.
Ind. Code § 8-8-1-6 — Indiana Code / Title 8 / Article 8 / Chapter 1 / Section 8-8-1-6
Interurban railways; track motorcars; brakes; hand brakes
Status: in_force

Sec. 6. It shall be unlawful for any common carrier in this state operating an interurban railway by electric power to operate or run upon any railroad in this state any motorcar used in regular interurban passenger traffic which is not equipped with an approved power air brake, in good condition, and subject to the control, and operation of the motorman in charge of such car, and of sufficient capacity to control the speed of the car. It shall also be unlawful for any common carrier, operating a steam or electric railway, and engaged in moving traffic between points in this state, to operate or run upon any railroad in this state any freight or passenger train which is not equipped, as to, at least, as to a steam railroad seventy-five percent (75%), and as to an interurban street railroad fifty percent (50%) of the cars in said train, with an approved system of hand brakes in addition to the power or train brakes required by section 1 of this chapter, which hand brakes shall be kept at all times in proper working condition and of sufficient capacity to control the speed of such train. Provided, that the hand brakes upon every passenger coach, both steam and electric, shall be so constructed that they can be operated in connection with the air or power brakes upon such coach; provided, however, that whenever such power air brakes become disabled from any cause while such car is in service on any such railroad, then, if such car is equipped with a hand brake sufficient therefor, it may complete its run; and, provided further, that this chapter shall not make it unlawful to run such disabled car to the most convenient repair shop upon the road upon which it is then being operated; provided, that this chapter shall not apply to city street railway cars, or cars engaged in suburban traffic.

Formerly: Acts 1907, c.118, s.6; Acts 1911, c.169, s.1. As amended by P.L.62-1984, SEC.105.
Ind. Code § 8-1-22.5-1 — Indiana Code / Title 8 / Article 1 / Chapter 22.5 / Section 8-1-22.5-1
Definitions
Status: in_force

Sec. 1. As used in this chapter, unless otherwise provided:

(a) The term "gas" means natural gas, flammable gas, or gas which is toxic or corrosive.

(b) The term "transportation" means:

(1) the gathering, transmission, or distribution of gas, hazardous liquids, or carbon dioxide fluid by pipeline; or

(2) the storage of gas, hazardous liquids, or carbon dioxide fluids.

The term does not include the gathering of gas in those rural locations which lie outside the limits of any incorporated or unincorporated city, town, village, or any other designated residential or commercial area such as a subdivision, a business or shopping center, a community development, or any similar populated area which the commission may define as a nonrural area.

(c) The term "pipeline" means all parts of those physical facilities through which gas, hazardous liquids, or carbon dioxide fluid moves in transportation, including pipe, valves, and other appurtenances attached to pipe, compressor units, metering stations, regulator stations, delivery stations, holders, and fabricated assemblies, but excluding motor vehicles of all kinds and pipelines serving not less than ten (10) customers with petroleum gas from a common source.

(d) The term "pipeline facilities" means and includes, without limitation, new and existing pipelines, rights-of-way and any equipment, facility, or building used in:

(1) transportation; or

(2) the treatment of gas, hazardous liquids, or carbon dioxide fluid during the course of transportation.

The term excludes motor vehicles of all kinds and pipelines serving not less than ten (10) customers with petroleum gas from a common source.

(e) The term "person" means any individual, firm, joint venture, partnership, corporation, limited liability company, association, municipality, cooperative association, or joint stock association, and includes any trustee, receiver, assignee, or personal representative thereof.

(f) The term "municipality" means a city, county, or any political subdivision of the state.

(g) The term "division" means the pipeline safety division to be established under this chapter.

(h) The term "maximum allowable operating pressure" means the maximum pressure at which a pipeline or a segment of a pipeline may be operated.

(i) The term "hazardous liquid" means petroleum, petroleum products, or anhydrous ammonia.

(j) The term "carbon dioxide fluid" means a fluid consisting of more than ninety percent (90%) carbon dioxide molecules compressed to a supercritical state.

Formerly: Acts 1971, P.L.84, SEC.1. As amended by P.L.23-1988, SEC.58; P.L.8-1993, SEC.128; P.L.118-2006, SEC.1.
Ind. Code § 8-14-3-3 — Indiana Code / Title 8 / Article 14 / Chapter 3 / Section 8-14-3-3
PASER system; local technical assistance program
Status: in_force

Sec. 3. (a) As used in this section, "PASER" refers to the pavement surface evaluation and rating system used as part of a transportation asset management plan submitted to the local technical assistance program at Purdue University.

(b) There is annually appropriated two hundred fifty thousand dollars ($250,000) from the motor vehicle highway account to the department to develop and maintain a centralized electronic statewide asset management data base that may be used to aggregate data on local road conditions. The data base shall be developed in cooperation with the department and the office of management and budget.

(c) The department, in coordination with the local technical assistance program at Purdue University, shall administer:

(1) a PASER certification program for PASER raters submitting data to the statewide asset management data base; and

(2) a quality assurance program for PASER data, consisting of a team of certified PASER raters throughout the state.

As added by P.L.218-2017, SEC.65. Amended by P.L.10-2019, SEC.43; P.L.173-2025, SEC.11.
Ind. Code § 8-23-24.5-6 — Indiana Code / Title 8 / Article 23 / Chapter 24.5 / Section 8-23-24.5-6
Allowable lease provisions
Status: in_force

Sec. 6. A lease under this chapter may provide for the following:

(1) Any term of the lease that the department considers best to implement the intent of this chapter, but not for more than four (4) years.

(2) For the lease of parcels of sizes that the department considers the best to implement the intent of this chapter.

(3) Any other provisions that the department considers useful to implement the intent of this chapter.

As added by P.L.182-2009(ss), SEC.281.
Ind. Code § 8-21-1-10.2 — Indiana Code / Title 8 / Article 21 / Chapter 1 / Section 8-21-1-10.2
Violation of IC 8-21-1-10.1 as Class B infraction
Status: in_force

Sec. 10.2. (a) Any person not meeting the qualifications of section 10.1 of this chapter who uses a provisional aircraft landing site, which has not been issued a certificate of approval from the department, for agricultural application or helicopter operations commits a Class B infraction.

(b) Any person who operates a lighter-than-air aircraft in violation of section 10.1 of this chapter commits a Class B infraction.

As added by Acts 1979, P.L.100, SEC.2. Amended by Acts 1980, P.L.74, SEC.313.
Ind. Code § 8-1-17-11 — Indiana Code / Title 8 / Article 1 / Chapter 17 / Section 8-1-17-11
General cooperative corporation and local cooperative corporation distinguished
Status: in_force

Sec. 11. Any cooperative corporation to be formed under this chapter shall be either a general cooperative corporation or a local cooperative corporation.

(a) A general cooperative corporation is one formed under this chapter for the purpose of furnishing engineering, financial accounting, or educational services to its members or to persons expecting to form a local cooperative corporation, and having for its members only its incorporators or local cooperative corporations. It shall not render communications service and the commission shall not allocate to it any territory for such purpose.

(b) A general cooperative corporation may be formed to have as members, and serve, local cooperative corporations in all, or certain named, counties of this state, not including any county previously named as part of the territory to be served by another general cooperative corporation then organized and existing, unless such other general cooperative corporation duly consents in writing, filed with the commission, to such inclusion.

(c) A general cooperative corporation, before obtaining the approval of its articles of incorporation, must prove to the commission that it has written consent to its incorporation signed by or on behalf of:

(1) the local cooperative corporations then existing and contemplated to be members of the general cooperative corporation; and

(2) the incorporated agricultural association or associations, including in its or their members at least one-third (1/3) of the members residing in the territory in which the general cooperative proposes to operate and reasonably anticipated to become members of local cooperative corporations which will become members of such general cooperative corporation.

Such signatures of said local cooperative corporations and of such agricultural associations shall be made by their respective presidents or vice presidents, and secretaries or assistant secretaries, and shall be supported by certified copies of resolutions authorizing the same and duly adopted by their boards of directors, respectively.

Formerly: Acts 1951, c.193, s.11. As amended by P.L.59-1984, SEC.77; P.L.97-1993, SEC.6; P.L.136-2018, SEC.74; P.L.81-2020, SEC.10.
Ind. Code § 8-1-2.5-6 — Indiana Code / Title 8 / Article 1 / Chapter 2.5 / Section 8-1-2.5-6
Powers of commission in approving rates and services; alternative regulatory plan
Status: in_force

Sec. 6. (a) Notwithstanding any other law or rule adopted by the commission, except those cited, or rules adopted that pertain to those cited, in section 11 of this chapter, in approving retail energy services or establishing just and reasonable rates and charges, or both for an energy utility electing to become subject to this section, the commission may do the following:

(1) Adopt alternative regulatory practices, procedures, and mechanisms, and establish rates and charges that:

(A) are in the public interest as determined by consideration of the factors described in section 5 of this chapter; and

(B) enhance or maintain the value of the energy utility's retail energy services or property;

including practices, procedures, and mechanisms focusing on the price, quality, reliability, and efficiency of the service provided by the energy utility.

(2) Establish rates and charges based on market or average prices, price caps, index based prices, and prices that:

(A) use performance based rewards or penalties, either related to or unrelated to the energy utility's return or property; and

(B) are designed to promote efficiency in the rendering of retail energy services.

(3) Approve:

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

(B) other alternative pricing structures and tariffs;

for retail energy service, such as time-of-use or off-peak pricing, critical peak pricing, variable peak pricing, and real-time pricing.

(b) This section:

(1) does not give a party to a collective bargaining agreement any greater rights under the collective bargaining agreement than the party had before January 1, 1995;

(2) does not give the commission the authority to order a party to a collective bargaining agreement to cancel, terminate, amend or otherwise modify the collective bargaining agreement; and

(3) may not be implemented by the commission in a way that would give a party to a collective bargaining agreement any greater rights under the collective bargaining agreement than the party had before January 1, 1995.

(c) An energy utility electing to become subject to this section shall file with the commission an alternative regulatory plan proposing how the commission will approve retail energy services or just and reasonable rates and charges for the energy utility's retail energy service.

(d) The energy utility shall publish a notice of the filing of a petition under this section in a newspaper of general circulation published in any county in which the energy utility provides retail energy service.

(e) After notice and hearing, the commission may approve, reject, or modify the energy utility's proposed plan if the commission finds that such action is consistent with the public interest. However, the commission may not order that material modifications changing the nature, scope or duration of the plan take effect without the agreement of the energy utility. The energy utility shall have twenty (20) days after the date of a commission order modifying the energy utility's proposed plan within which to, in writing, accept or reject the commission's order.

(f) An energy utility may withdraw a plan proposed under this section without prejudice before the commission's approval of the plan, or the energy utility may timely reject a commission order modifying its proposed plan under this section without prejudice. However, the energy utility may not file a petition for comparable relief under this section for a period of twelve (12) months after the date of the energy utility's withdrawal of its proposed plan or the date of the energy utility's rejection of the commission's order, whichever is applicable.

As added by P.L.108-1995, SEC.3. Amended by P.L.94-2022, SEC.3.
Ind. Code § 8-1-1-16 — Indiana Code / Title 8 / Article 1 / Chapter 1 / Section 8-1-1-16
Commission to consider effect of governmental requirements upon utility's operational expenses
Status: in_force

Sec. 16. (a) As used in this section, "commission" refers to the Indiana utility regulatory commission created by section 2 of this chapter.

(b) As used in this section, "governmental requirement" means a requirement imposed on a utility by a governmental unit in connection with:

(1) the federal Clean Water Act (33 U.S.C. 1251 et seq.);

(2) the federal Safe Drinking Water Act (42 U.S.C. 300f et seq.); or

(3) any other law, order, rule, or regulation administered or issued by the United States Environmental Protection Agency, the department of environmental management, or the department of natural resources in connection with the federal Clean Water Act or the federal Safe Drinking Water Act.

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

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

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

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

that provides water or wastewater service to the public and is under the jurisdiction of the commission for the approval of rates and charges.

(d) In its deliberations in a general rate case of a utility, the commission shall consider governmental requirements and their effect upon the utility's operational expenses.

As added by P.L.233-2017, SEC.8.
Ind. Code § 8-21-4-10 — Indiana Code / Title 8 / Article 21 / Chapter 4 / Section 8-21-4-10
Construction of chapter
Status: in_force

Sec. 10. This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it, and to harmonize, as far as possible, with federal laws and regulations on the subject of aeronautics.

Formerly: Acts 1927, c.43, s.11. As amended by P.L.66-1984, SEC.143.
Ind. Code § 8-1-2-107 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-107
Damages; loss or injury caused by violation
Status: in_force

Sec. 107. If any public utility shall do, or cause to be done or permit to be done, any matter, act, or thing in this chapter prohibited or declared to be unlawful, or shall omit to do any act, matter, or thing required to be done by this chapter, such public utility shall be liable to the person, firm, limited liability company, or corporation injured thereby in the amount of damages sustained in consequence of such violation. Provided, that any recovery as in this section provided shall in no manner affect a recovery by the state of the penalty prescribed for such violation.

Formerly: Acts 1913, c.76, s.116. As amended by P.L.59-1984, SEC.43; P.L.8-1993, SEC.115.
Ind. Code § 8-3-21-2 — Indiana Code / Title 8 / Article 3 / Chapter 21 / Section 8-3-21-2
Policy and purpose
Status: in_force

Sec. 2. It is the policy of the states party to this compact to cooperate and share the administrative and financial responsibilities concerning the operation of an interstate rail passenger network system connecting major cities in Illinois, Indiana, Kentucky, Tennessee, Georgia, and Florida. The participating states agree that a rail passenger system would provide a beneficial service and would be enhanced if operated across state lines.

As added by P.L.58-1992, SEC.1.
Ind. Code § 8-1-31-6 — Indiana Code / Title 8 / Article 1 / Chapter 31 / Section 8-1-31-6
"Pretax return"
Status: in_force

Sec. 6. As used in this chapter, "pretax return" means the revenues necessary to:

(1) produce net operating income equal to a public utility's weighted cost of capital multiplied by the net original cost of eligible distribution or collection system improvements; and

(2) pay state and federal income taxes applicable to such income.

As added by P.L.94-2000, SEC.1. Amended by P.L.209-2014, SEC.8; P.L.212-2015, SEC.6.
Ind. Code § 8-23-9-23 — Indiana Code / Title 8 / Article 23 / Chapter 9 / Section 8-23-9-23
Residency requirement for unskilled laborers
Status: in_force

Sec. 23. It must be a condition of every contract let by the department for the construction of a state highway or bridge that all unskilled laborers employed on the work be residents of the county or counties in which the highway or bridge is being constructed if the labor is available. The department may designate the class of labor that is unskilled. However, if this subsection is in violation of a regulation of a federal authority, the provision may be eliminated from a contract that is payable in whole or in part with federal funds.

As added by P.L.18-1990, SEC.218.
Ind. Code § 8-1-2-104 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-104
Rates and charges; undercharges by furnishing facilities to utility prohibited; exception
Status: in_force

Sec. 104. It shall be unlawful for any public utility or any municipally-owned utility to demand, charge, collect or receive from any person, firm, limited liability company, or corporation, less compensation for any service rendered or to be rendered by said public or municipally-owned utility in consideration of the furnishing by said person, firm, limited liability company, or corporation of any part of the facilities incident thereto. However, nothing in this section shall be construed as prohibiting any such public utility or municipally-owned utility from renting any facilities incident to its business.

Formerly: Acts 1913, c.76, s.113; Acts 1933, c.190, s.20. As amended by P.L.8-1993, SEC.114; P.L.136-2018, SEC.53.
Ind. Code § 8-15.7-11-1 — Indiana Code / Title 8 / Article 15.7 / Chapter 11 / Section 8-15.7-11-1
Jurisdiction of law enforcement officers
Status: in_force

Sec. 1. All law enforcement officers of the state and of each affected jurisdiction have the same powers and jurisdiction within the limits of the qualifying project as they have in their respective areas of jurisdiction.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-23-7-6 — Indiana Code / Title 8 / Article 23 / Chapter 7 / Section 8-23-7-6
Improvement and changes in use of property; restrictions
Status: in_force

Sec. 6. An owner receiving notice under section 5 of this chapter may not erect improvements on the real property described, subdivide the property, or make any changes in the use of the property that would affect its use for highway purposes, unless the owner first notifies the department in writing of the intended use.

As added by P.L.18-1990, SEC.216.
Ind. Code § 8-20-8-5 — Indiana Code / Title 8 / Article 20 / Chapter 8 / Section 8-20-8-5
Authority supplementary to vacation; powers of board
Status: in_force

Sec. 5. The authority granted the board of commissioners under this chapter supplements and does not replace the authority the board may have under law to permanently vacate a road or street or to close a road or street for routine maintenance and repair.

As added by Acts 1979, P.L.97, SEC.1.
Ind. Code § 8-17-1-26 — Indiana Code / Title 8 / Article 17 / Chapter 1 / Section 8-17-1-26
Repealed
Status: repealed

Formerly: Acts 1919, c.112, s.27. As amended by P.L.66-1984, SEC.84; P.L.86-1988, SEC.90. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-17-5-2 — Indiana Code / Title 8 / Article 17 / Chapter 5 / Section 8-17-5-2
Qualifications of county highway engineer
Status: in_force

Sec. 2. The county highway engineer must be a registered engineer, licensed by the state board of registration for professional engineers, experienced in highway engineering and construction and a resident of Indiana during the engineer's employment.

Formerly: Acts 1963, c.131, s.2; Acts 1971, P.L.104, SEC.1. As amended by P.L.86-1988, SEC.124.
Ind. Code § 8-4.5-4-5 — Indiana Code / Title 8 / Article 4.5 / Chapter 4 / Section 8-4.5-4-5
Repealed
Status: repealed

As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.10. Repealed by P.L.59-2005, SEC.5.
Ind. Code § 8-1.5-1-7 — Indiana Code / Title 8 / Article 1.5 / Chapter 1 / Section 8-1.5-1-7
"Legislative body"
Status: in_force

Sec. 7. "Legislative body" means:

(1) common council, for a city; or

(2) town council, for a town.

As added by Acts 1982, P.L.74, SEC.1. Amended by P.L.8-1989, SEC.41.
Ind. Code § 8-15.7-7-3 — Indiana Code / Title 8 / Article 15.7 / Chapter 7 / Section 8-15.7-7-3
Taxation of income received by operator
Status: in_force

Sec. 3. Income received by an operator under the terms of a public-private agreement is subject to taxation in the same manner as income received by other private entities.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-1.5-3-7 — Indiana Code / Title 8 / Article 1.5 / Chapter 3 / Section 8-1.5-3-7
Retirement account
Status: in_force

Sec. 7. The board may set up a retirement account for the benefit of the employees and past employees of each utility. The board may provide for the method, manner, and amount of contributions by the utility out of its earnings, reserves, or earned surplus, and by employees if required by the plan, and may create an account for the utilities and allocate to the account contributions sufficient to establish the plan on a sound actuarial basis, including contributions for past services of employees. However, the plan may not require contributions from an employee to exceed six percent (6%) of his wage or salary.

As added by Acts 1982, P.L.74, SEC.1.
Ind. Code § 8-17-1-28 — Indiana Code / Title 8 / Article 17 / Chapter 1 / Section 8-17-1-28
Repealed
Status: repealed

Formerly: Acts 1919, c.112, s.29. As amended by P.L.66-1984, SEC.86; P.L.17-1985, SEC.8; P.L.86-1988, SEC.92. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-1-41-12 — Indiana Code / Title 8 / Article 1 / Chapter 41 / Section 8-1-41-12
Signal interference
Status: in_force

Sec. 12. Except as otherwise allowed by IC 36-7-4-1109, a wind power device installed in a unit must be installed in a manner so as to minimize and mitigate impacts to:

(1) television signals;

(2) microwave signals;

(3) agricultural global positioning systems;

(4) military defense radar;

(5) radio reception; or

(6) weather and doppler radar.

As added by P.L.90-2022, SEC.1.
Ind. Code § 8-2.1-19.3-8 — Indiana Code / Title 8 / Article 2.1 / Chapter 19.3 / Section 8-2.1-19.3-8
Construction of chapter
Status: in_force

Sec. 8. (a) Nothing in this chapter shall be construed to limit the scope of federal or state law regarding the delivery or transport of goods.

(b) This chapter applies to the extent that it is not in conflict with another state or federal law regarding the delivery or transport of goods. In the event that there is a conflict between this chapter and another federal or state law, the other law prevails over the conflicting provision in this chapter.

As added by P.L.215-2023, SEC.10.
Ind. Code § 8-15.7-13-3 — Indiana Code / Title 8 / Article 15.7 / Chapter 13 / Section 8-15.7-13-3
Reversion of qualifying project to department
Status: in_force

Sec. 3. Upon termination of the public-private agreement, the authority and duties of the operator under this article cease, except for any duties and obligations that extend beyond the termination as set forth in the public-private agreement, and the qualifying project reverts to the department and shall be dedicated to the department for public use.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-1-30.9-7 — Indiana Code / Title 8 / Article 1 / Chapter 30.9 / Section 8-1-30.9-7
Public hearing; commission's order; required findings; revocation, suspension, or modification of certificate
Status: in_force

Sec. 7. (a) The commission shall hold a public hearing on each application.

(b) The commission may consider all relevant information related to construction costs.

(c) The commission shall issue an order granting or denying a certificate of public convenience and necessity not later than two hundred forty (240) days after the date the application for the certificate and the applicant's case in chief are filed with the commission.

(d) The commission may issue a general administrative order establishing guidelines regarding the information to be included in the applicant's case in chief.

(e) The commission shall grant a certificate of public convenience and necessity only if the commission makes a finding:

(1) as to the best estimate of the construction costs based on the evidence of record;

(2) that the estimated costs described in subdivision (1) are reasonable;

(3) that the public convenience and necessity requires or will require the construction of the long haul water pipeline; and

(4) that the construction of the long haul water pipeline is in the public interest.

(f) The commission may approve or disapprove an application in whole or part, including any amendments to the application. A certificate issued by the commission under this chapter may include any terms considered reasonably necessary by the commission.

(g) The commission may revoke, suspend, or modify a certificate if any of the following apply:

(1) A water utility violates the terms of the certificate.

(2) A water utility obtained the certificate by fraud, misrepresentation, or other malfeasance.

As added by P.L.99-2025, SEC.1.
Ind. Code § 8-1-40-23 — Indiana Code / Title 8 / Article 1 / Chapter 40 / Section 8-1-40-23
Distributed generation equipment; customers' rights; attorney general to adopt rules
Status: in_force

Sec. 23. (a) A customer that produces distributed generation has the following rights regarding the installation and ownership of distributed generation equipment:

(1) The right to know that the attorney general is authorized to enforce this section, including by receiving complaints concerning the installation and ownership of distributed generation equipment.

(2) The right to know the expected amount of electricity that will be produced by the distributed generation equipment that the customer is purchasing.

(3) The right to know all costs associated with installing distributed generation equipment, including any taxes for which the customer is liable.

(4) The right to know the value of all federal, state, or local tax credits or other incentives or rebates that the customer may receive.

(5) The right to know the rate at which the customer will be credited for electricity produced by the customer's distributed generation equipment and delivered to a public utility (as defined in IC 8-1-2-1).

(6) The right to know if a provider of distributed generation equipment insures the distributed generation equipment against damage or loss and, if applicable, any circumstances under which the provider does not insure against or otherwise cover damage to or loss of the distributed generation equipment.

(7) The right to know the responsibilities of a provider of distributed generation equipment with respect to installing or removing distributed generation equipment.

(b) The attorney general, in consultation with the commission, shall adopt rules under IC 4-22-2 that the attorney general considers necessary to implement and enforce this section, including a rule requiring written disclosure of the rights set forth in subsection (a) by a provider of distributed generation equipment to a customer.

As added by P.L.264-2017, SEC.6. Amended by P.L.93-2024, SEC.74.
Ind. Code § 8-1-29.5-1 — Indiana Code / Title 8 / Article 1 / Chapter 29.5 / Section 8-1-29.5-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to a provider and a certificate holder.

As added by P.L.27-2006, SEC.53.
Ind. Code § 8-2.1-22-14 — Indiana Code / Title 8 / Article 2.1 / Chapter 22 / Section 8-2.1-22-14
Route deviation
Status: in_force

Sec. 14. (a) A common carrier by motor vehicle operating under any certificate may not deviate from the route over which or the fixed termini between which it is authorized to operate under the certificate, except under such general or special rules as prescribed by the department.

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

As added by P.L.99-1989, SEC.13.
Ind. Code § 8-1-23-5 — Indiana Code / Title 8 / Article 1 / Chapter 23 / Section 8-1-23-5
Violations
Status: in_force

Sec. 5. A person who installs a pipeline, conduit, or private drain, across or along any county highway, or blocks or damages any county highway without complying with this chapter, commits a Class B infraction.

Formerly: Acts 1947, c.151, s.5. As amended by Acts 1978, P.L.2, SEC.809.
Ind. Code § 8-22-3.5-3 — Indiana Code / Title 8 / Article 22 / Chapter 3.5 / Section 8-22-3.5-3
"Qualified airport development project"; use or expansion by successor tenant
Status: in_force

Sec. 3. (a) As used in this chapter, "qualified airport development project" means an airport development project that has a cost of the project (as defined in IC 5-1.2-2) greater than:

(1) five hundred million dollars ($500,000,000), if the project is to be located in a county having a consolidated city; or

(2) two hundred fifty thousand dollars ($250,000), if the project is to be located in:

(A) a city described in section 1(2) or 1(7) of this chapter; or

(B) in a county described in section 1(3), 1(4), 1(5), or 1(6) of this chapter.

Except as provided by subsection (b), the term includes any portion or expansion of the original qualified airport development project used by one (1) or more successor tenants.

(b) For purposes of section 9 of this chapter, the definition of "qualified airport development project" does not include any portion of, or expansion of, the original qualified airport development project used by a successor tenant unless the commission adopts a resolution to amend the definition to include that portion or expansion.

As added by P.L.86-1991, SEC.1. Amended by P.L.108-1993, SEC.5; P.L.115-1995, SEC.6; P.L.85-1996, SEC.4; P.L.91-1997, SEC.6; P.L.224-2003, SEC.267; P.L.124-2006, SEC.4; P.L.182-2009(ss), SEC.274; P.L.189-2018, SEC.102.
Ind. Code § 8-23-17-35 — Indiana Code / Title 8 / Article 23 / Chapter 17 / Section 8-23-17-35
Financing of payments
Status: in_force

Sec. 35. Funds appropriated or otherwise available to an agency for the acquisition of real property or an interest in real property or for the conduct of code enforcement programs shall also be available to carry out this chapter.

As added by P.L.18-1990, SEC.226.
Ind. Code § 8-2.1-22-39 — Indiana Code / Title 8 / Article 2.1 / Chapter 22 / Section 8-2.1-22-39
Expiration of vehicle registrations
Status: in_force

Sec. 39. All registrations of motor vehicles required in this chapter expire on December 31 of each year, and each motor vehicle continued in service shall be registered for each such year.

As added by P.L.99-1989, SEC.13. Amended by P.L.110-1995, SEC.26.
Ind. Code § 8-23-9.5-25 — Indiana Code / Title 8 / Article 23 / Chapter 9.5 / Section 8-23-9.5-25
Department requirements
Status: in_force

Sec. 25. The department shall do the following:

(1) Publish, on the department's website, the final scoring of each proposal submitted to the department for the project as determined by the evaluation committee and the selection committee.

(2) Provide, upon the request of a person that submitted a proposal, an explanation of the reasons the person was not chosen by an evaluation committee or a selection panel.

As added by P.L.60-2023, SEC.2.
Ind. Code § 8-2.1-19.1-2 — Indiana Code / Title 8 / Article 2.1 / Chapter 19.1 / Section 8-2.1-19.1-2
Distinguished from carriers
Status: in_force

Sec. 2. A TNC or a TNC driver is not:

(1) a common carrier;

(2) a contract carrier; or

(3) a motor carrier.

As added by P.L.175-2015, SEC.10.
Ind. Code § 8-14.5-7-2 — Indiana Code / Title 8 / Article 14.5 / Chapter 7 / Section 8-14.5-7-2
"Federal highway revenues"
Status: in_force

Sec. 2. As used in this chapter, "federal highway revenues" means:

(1) money and obligation authority apportioned or allocated, or anticipated to be apportioned or allocated in the current federal fiscal year or a future federal fiscal year, to Indiana by the United States Department of Transportation under 23 U.S.C., as amended, for use on a highway improvement project; or

(2) other federal money that may be used for a highway improvement project and is available or anticipated to be available in the current federal fiscal year or a future federal fiscal year.

As added by P.L.246-2005, SEC.83.
Ind. Code § 8-3-1.5-9 — Indiana Code / Title 8 / Article 3 / Chapter 1.5 / Section 8-3-1.5-9
Condemnation procedure
Status: in_force

Sec. 9. The procedure for any necessary condemnation proceedings is set forth in IC 32-24-1.

Formerly: Acts 1975, P.L.79, SEC.1. As amended by Acts 1980, P.L.74, SEC.48; P.L.2-2002, SEC.40.
Ind. Code § 8-16-2-22 — Indiana Code / Title 8 / Article 16 / Chapter 2 / Section 8-16-2-22
Construction
Status: in_force

Sec. 22. This chapter shall at all times be construed as supplemental to and in aid of all other statutes providing for the construction of highways and bridges.

Formerly: Acts 1927, c.10, s.22. As amended by P.L.66-1984, SEC.62.
Ind. Code § 8-1-17-7 — Indiana Code / Title 8 / Article 1 / Chapter 17 / Section 8-1-17-7
Board of directors
Status: in_force

Sec. 7. (a) Each cooperative corporation formed under this chapter shall have a board of directors, which board shall constitute the governing body of the cooperative corporation. The directors of a local cooperative corporation must be members, or if the cooperative corporation's bylaws so provide, a member's officers, directors, or partners, or the owner of a member that is a sole proprietorship may be directors of the cooperative corporation. Directors other than those named in the cooperative corporation's articles of incorporation shall be elected by the cooperative corporation's members.

(b) Unless the bylaws of the cooperative corporation provide otherwise, such directors shall be elected annually. The bylaws may provide that the directors may hold office for any stated period not exceeding three (3) years, and be so elected that the terms of only part of such directors shall expire at any one (1) time and that only enough directors to succeed those whose terms are about to expire need be elected in any year.

(c) The bylaws may provide that the area in which the members of the cooperative corporation reside shall be apportioned into districts and prescribe the procedure by which the members residing in any one (1) district may nominate a director.

(d) The bylaws may specify a fair remuneration for the time actually spent by its officers, directors, and members of its executive committee in the performance of their duties as such and provide that the same be paid them respectively. The officers, directors, and members of the executive committee shall be entitled to reimbursement for expenses incurred by them in the performance of their duties whether or not the bylaws provide that they be remunerated for their time spent in such performance.

(e) The board shall annually designate and elect those officers it considers necessary.

Formerly: Acts 1951, c.193, s.7. As amended by P.L.97-1993, SEC.4; P.L.145-1999, SEC.2; P.L.198-1999, SEC.4; P.L.14-2000, SEC.25.
Ind. Code § 8-1.5-4-4 — Indiana Code / Title 8 / Article 1.5 / Chapter 4 / Section 8-1.5-4-4
Board; powers and duties
Status: in_force

Sec. 4. The board has the powers and duties prescribed by IC 8-1.5-3-4. In addition, the board:

(1) may hold hearings following public notice;

(2) may make findings and determinations;

(3) may design, order, contract for or construct pumping plants or stations, filtration plants, reservoirs, water mains, hydrants, and other equipment, structures, and appurtenances and rebuild, equip, improve, extend, and repair plants, equipment, and structures;

(4) may build or have built all roads, levees, walls, or other structures that may be necessary or desirable in connection with waterworks;

(5) make all necessary or desirable improvements of the grounds and premises under its control;

(6) may issue and sell bonds for the construction, alteration, addition, or extension to the waterworks, in the manner prescribed by law, including the provisions of IC 8-1.5-2; and

(7) shall furnish an adequate supply of water to consumers within the waterworks district.

As added by Acts 1982, P.L.74, SEC.1.
Ind. Code § 8-1-46-10 — Indiana Code / Title 8 / Article 1 / Chapter 46 / Section 8-1-46-10
"Performance based ratemaking"
Status: in_force

Sec. 10. As used in this chapter, "performance based ratemaking" means an alternative ratemaking approach for electricity suppliers that includes one (1) or more performance incentive mechanisms in the context of a multi-year rate plan.

As added by P.L.36-2026, SEC.10.
Ind. Code § 8-3-17-2 — Indiana Code / Title 8 / Article 3 / Chapter 17 / Section 8-3-17-2
Commission; recordation; powers and duties
Status: in_force

Sec. 2. (a) Every policeman appointed under this chapter shall, before entering upon the duties of office, take and subscribe an oath of office, which shall be endorsed upon the officer's commission, and the commission, with the oath, shall be recorded in the office of the clerk of the circuit court of the county in which the policeman resides. Every policeman who is appointed and commissioned as provided in this chapter shall have, exercise, and possess, throughout Indiana, while engaged in the discharge of the officer's duties as a policeman, the powers of sheriffs, marshals, constables, and municipal police officers, except in the service of civil process.

(b) A policeman who is appointed and commissioned under this chapter must wear a distinctive uniform and a badge of authority or must operate a motor vehicle that is clearly marked as a police vehicle when exercising the officer's authority to arrest or issue a traffic information and summons to a person for the violation of a law or ordinance regulating the use and operation of a motor vehicle on a public highway.

Formerly: Acts 1927, c.18, s.2. As amended by P.L.62-1984, SEC.31; P.L.72-1989, SEC.4.
Ind. Code § 8-15.7-3.5-4 — Indiana Code / Title 8 / Article 15.7 / Chapter 3.5 / Section 8-15.7-3.5-4
Action not required
Status: in_force

Sec. 4. An issuer of a request for information is not required to take any action after receiving a response to a request for information.

As added by P.L.217-2017, SEC.73.
Ind. Code § 8-2.1-17-5.4 — Indiana Code / Title 8 / Article 2.1 / Chapter 17 / Section 8-2.1-17-5.4
"Delivery service period"
Status: in_force

Sec. 5.4. "Delivery service period" means the period of time that:

(1) begins when a DNC driver operates a personal vehicle en route to pick up at least one (1) good for a delivery or series of deliveries as documented by a digital network, regardless of when the DNC driver accepts the request from a DNC to provide delivery services;

(2) continues while the DNC driver transports the requested good or goods; and

(3) ends upon:

(A) delivery of the requested good or goods at the direction of the DNC customer or the last DNC customer in a series of deliveries; or

(B) delivery or return of the requested good or goods to a location designated by the DNC.

As added by P.L.215-2023, SEC.3.
Ind. Code § 8-22-3-16 — Indiana Code / Title 8 / Article 22 / Chapter 3 / Section 8-22-3-16
Issuance of bonds
Status: in_force

Sec. 16. (a) The board may issue general obligation bonds of the authority for the purpose of procuring funds to pay the cost of acquiring real property, or constructing, enlarging, improving, remodeling, repairing, or equipping buildings, structures, runways, or other facilities, for use as or in connection with or for administrative purposes of the airport. The issuance of the bonds must be authorized by ordinance of the board providing for the amount, terms, and tenor of the bonds and for the time and character of notice and the mode of making sale. If one (1) airport is owned by the authority, an ordinance authorizing the issuance of bonds for a separate second airport is subject to approval as provided in this section. The bonds bear interest and are payable at the times and places that the board determines but running not more than twenty-five (25) years after the date of their issuance, and they must be executed in the name of the authority by the president of the board and attested by the secretary who shall affix to each of the bonds the official seal of the authority. The interest coupons attached to the bonds may be executed by placing on them the facsimile signature of the president of the board.

(b) The issuance of general obligation bonds must be approved by resolution of the following body:

(1) When the authority is established by an eligible entity, by its fiscal body.

(2) When the authority is established by two (2) or more eligible entities acting jointly, by the fiscal body of each of those entities.

(3) When the authority was established under IC 19-6-2 (before its repeal), by the mayor of the consolidated city, and if a second airport is to be funded, also by the city-county council.

(4) When the authority was established under IC 19-6-3 (before its repeal), by the county council.

(c) The airport director shall manage and supervise the preparation, advertisement, and sale of the bonds, subject to the authorizing ordinance. Before the sale of the bonds, the airport director shall cause notice of the sale to be published once each week for two (2) consecutive weeks in two (2) newspapers of general circulation published in the district, setting out the time and place where bids will be received, the amount and maturity dates of the issue, the maximum interest rate, and the terms and conditions of sale and delivery of the bonds. The bonds shall be sold to the highest bidder, in accordance with the procedures for selling public bonds. After the bonds have been properly sold and executed, the airport director shall deliver them to the treasurer of the authority and take a receipt for them, and shall certify to the treasurer the amount which the purchaser is to pay for them, together with the name and address of the purchaser. On payment of the purchase price, the treasurer shall deliver the bonds to the purchaser, and the treasurer and airport director or superintendent shall report their actions to the board.

(d) The provisions of IC 6-1.1-20 and IC 5-1 relating to:

(1) the filing of a petition requesting the issuance of bonds and giving notice of them;

(2) the giving of notice of determination to issue bonds;

(3) the giving of notice of hearing on the appropriation of the proceeds of bonds and the right of taxpayers to appeal and be heard on the proposed appropriation;

(4) the approval of the appropriation by the department of local government finance;

(5) the right of:

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

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

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

are applicable to proceedings under this chapter for the issuance of general obligation bonds.

(e) Bonds issued under this chapter are not a corporate obligation or indebtedness of any eligible entity but are an indebtedness of the authority as a municipal corporation. An action to question the validity of the bonds issued or to prevent their issue must be instituted not later than the date set for sale of the bonds, and all of the bonds after that date are incontestable.

[Pre-Local Government Recodification Citations: 19-6-2-20; 19-6-3-21 part; 19-6-3.5-20.]

As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.90-2002, SEC.328; P.L.219-2007, SEC.94; P.L.146-2008, SEC.364.
Ind. Code § 8-23-18-5 — Indiana Code / Title 8 / Article 23 / Chapter 18 / Section 8-23-18-5
Tax delinquent lands; acquisition after assertion of right of redemption
Status: in_force

Sec. 5. If a right of redemption exists in the owner of a interest in real property described in section 4 of this chapter that is asserted in the time and manner allowed and permitted by law, it shall be treated as any other private interest in real property acquired for public use by the department. However, if the county or municipality has placed any improvements upon the real property after acquiring the real property, the department shall pay the reasonable value of the improvements. If the reasonable value of the improvements cannot be determined by agreement, the department may proceed in the name of the state in the exercise of the right of eminent domain to condemn and acquire the real property.

As added by P.L.18-1990, SEC.227.
Ind. Code § 8-3-2-15 — Indiana Code / Title 8 / Article 3 / Chapter 2 / Section 8-3-2-15
Temporary and emergency rates, routes, and regulations; receivership
Status: in_force

Sec. 15. If a carrier fails to provide the equipment, motive power, and other facilities necessary to properly receive and care for the business on their lines, as required by this chapter, or fails to perform the duties enjoined upon it by this chapter, and because of the failure considerable traffic on its line is refused or not promptly moved as required by this chapter, resulting in material injury to the citizens of a community in Indiana, or the industries or commerce of Indiana, then the Indiana department of transportation, after five (5) days notice to the carrier interested and a hearing, shall adopt temporary emergency rates, establish temporary emergency routes of shipment, and adopt rules under IC 4-22-2 concerning the movement of traffic as are necessary to correct the existing conditions and may issue orders suspending certain traffic in favor of other traffics for the purpose of preventing existing or threatened public calamity or distress. The carrier shall promptly comply with all orders of the department, and, upon its failure so to do, the department shall apply to a court of competent jurisdiction for the appointment of an operating receiver to enforce the orders and rules adopted by the department and may also apply to a court for the appointment of a receiver for a carrier to enforce a provision or requirement of this chapter which the offending carrier has failed to observe. In the proceeding, the court may operate a carrier through its receiver, enforce orders made by the department concerning the carrier as approved by the court, and continue so to do so long as is necessary. The court may order its receiver to purchase the equipment and motive power, and supply other appliances and facilities as may be necessary to properly transact the carrier's present and prospective business in Indiana as required by this chapter. The court may authorize its receiver to issue and sell receiver's certificates for the purpose of obtaining funds for the uses specified in this chapter or to issue certificates of indebtedness to pay for expenditures authorized by this chapter. The court may declare certificates authorized under this chapter to be the first and prior lien upon the property and income of the carrier in the manner and upon the terms as the court shall decree.

Formerly: Acts 1907, c.231, s.15. As amended by P.L.62-1984, SEC.25; P.L.384-1987(ss), SEC.40; P.L.18-1990, SEC.48; P.L.93-2024, SEC.79.
Ind. Code § 8-8-7-3 — Indiana Code / Title 8 / Article 8 / Chapter 7 / Section 8-8-7-3
Repairs; return to service
Status: in_force

Sec. 3. Whenever any such caboose cars or other cars in use on April 21, 1911, by such common carriers as provided by section 1 of this chapter shall, after April 21, 1911, be brought into any shop for general repairs, it shall be unlawful to again put the same into the service of such common carrier within this state unless it be equipped as provided in section 2 of this chapter.

Formerly: Acts 1911, c.60, s.3. As amended by P.L.62-1984, SEC.120.
Ind. Code § 8-1-32.4-16 — Indiana Code / Title 8 / Article 1 / Chapter 32.4 / Section 8-1-32.4-16
Exclusive service arrangements; relief from provider of last resort obligations
Status: in_force

Sec. 16. (a) If a provider, other than the incumbent local exchange carrier, operates under an arrangement by which the provider is the exclusive provider of basic telecommunications service in a particular geographic area, building, or group of residences and businesses, the incumbent local exchange carrier is relieved of any provider of last resort obligations that the incumbent local exchange carrier would ordinarily have with respect to the particular geographic area, building, or group of residences and businesses.

(b) If:

(1) a provider with an exclusive service arrangement described in subsection (a) decides to cease operations in all or part of the particular geographic area, building, or group of residences and businesses that the provider serves under the arrangement; and

(2) the incumbent local exchange carrier:

(A) has insufficient facilities to serve the affected customers of the exiting provider; and

(B) elects to purchase the facilities of the exiting provider;

the incumbent local exchange carrier has twelve (12) months to make any modifications necessary to the purchased facilities to allow the incumbent local exchange carrier to serve the affected customers of the exiting provider. The incumbent local exchange carrier may apply to the commission for an extension of the period allowed under this subsection, and the commission shall grant the extension upon good cause shown by the incumbent local exchange carrier.

(c) If:

(1) a provider with an exclusive service arrangement described in subsection (a) decides to cease operations in all or part of the particular geographic area, building, or group of residences and businesses that the provider serves under the arrangement; and

(2) the incumbent local exchange carrier:

(A) has insufficient facilities to serve the affected customers of the exiting provider; and

(B) elects not to purchase the facilities of the exiting provider;

the incumbent local exchange carrier has twelve (12) months to deploy an approved alternative technology necessary to allow the incumbent local exchange carrier to serve the affected customers of the exiting provider. The incumbent local exchange carrier may apply to the commission for an extension of the period allowed under this subsection, and the commission shall grant the extension upon good cause shown by the incumbent local exchange carrier.

As added by P.L.27-2006, SEC.54. Amended by P.L.1-2007, SEC.74.
Ind. Code § 8-1-2.7-12 — Indiana Code / Title 8 / Article 1 / Chapter 2.7 / Section 8-1-2.7-12
Return to commission jurisdiction
Status: in_force

Sec. 12. If a utility returns to commission jurisdiction, the commission assumes jurisdiction over the following thirty (30) days after the date of the meeting at which the vote is conducted:

(1) Rates and charges.

(2) Stocks, bonds, notes, or other evidence of indebtedness.

(3) Rules.

(4) The annual report filing requirement.

If less than a majority of the voting members or shareholders vote in favor of returning to commission jurisdiction, a referendum on the question may not be conducted for two (2) years following the date of the meeting at which the vote is conducted.

As added by P.L.108-1989, SEC.1. Amended by P.L.80-1997, SEC.15; P.L.82-1997, SEC.15; P.L.159-1999, SEC.14; P.L.60-2024, SEC.6.
Ind. Code § 8-15.7-2-4 — Indiana Code / Title 8 / Article 15.7 / Chapter 2 / Section 8-15.7-2-4
"Department"
Status: in_force

Sec. 4. "Department" refers to the Indiana department of transportation.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-22-3.6-3 — Indiana Code / Title 8 / Article 22 / Chapter 3.6 / Section 8-22-3.6-3
Authority to enter lease; terms; public hearing and proceedings; funds for payment; actions to contest lease; options to buy
Status: in_force

Sec. 3. (a) An authority that is located in a:

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

(2) county having a population of more than one hundred thousand (100,000) and less than one hundred ten thousand (110,000); or

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

may enter into a lease of an airport project with a lessor for a term not to exceed fifty (50) years and the lease may provide for payments to be made by the airport authority from property taxes levied under IC 8-22-3-17, taxes allocated under IC 8-22-3.5-9, any other revenues available to the airport authority, or any combination of these sources.

(b) A lease may provide that payments by the authority to the lessor are required only to the extent and only for the period that the lessor is able to provide the leased facilities in accordance with the lease. The terms of each lease must be based upon the value of the facilities leased and may not create a debt of the authority or the eligible entity for purposes of the Constitution of the State of Indiana.

(c) A lease may be entered into by the authority only after a public hearing by the board at which all interested parties are provided the opportunity to be heard. After the public hearing, the board may adopt an ordinance authorizing the execution of the lease if it finds that the service to be provided throughout the term of the lease will serve the public purpose of the authority and is in the best interest of the residents of the authority district.

(d) Upon execution of a lease providing for payments by the authority in whole or in part from the levy of property taxes under IC 8-22-3-17, the board shall publish notice of the execution of the lease and its approval in accordance with IC 5-3-1. Fifty (50) or more taxpayers residing in the authority district who will be affected by the lease and who may be of the opinion that no necessity exists for the execution of the lease or that the payments provided for in the lease are not fair and reasonable may file a petition in the office of the county auditor within thirty (30) days after the publication of the notice of execution and approval. The petition must set forth the petitioners' names, addresses, and objections to the lease and the facts showing that the execution of the lease is unnecessary or unwise or that the payments provided for in the lease are not fair and reasonable, as the case may be.

(e) Upon the filing of a petition under subsection (d), the county auditor shall immediately certify a copy of the petition, together with any other data necessary to present the questions involved, to the department of local government finance. Upon receipt of the certified petition and information, the department of local government finance shall fix a time for a hearing in the authority district, which must be not less than five (5) or more than thirty (30) days after the time is fixed. The department of local government finance may either hold the hearing in the affected county or through electronic means. Notice of the hearing shall be given by the department of local government finance to the members of the board, and to the first fifty (50) petitioners on the petition, by a letter signed by the commissioner of the department of local government finance and enclosed with fully prepaid postage sent to those persons at their usual place of residence, at least five (5) days before the date of the hearing. The decision of the department of local government finance or on the appeal, upon the necessity for the execution of the lease, and as to whether the payments under it are fair and reasonable, is final.

(f) An authority entering into a lease payable from any sources permitted under this chapter may:

(1) pledge the revenue to make payments under the lease pursuant to IC 5-1-14-4; or

(2) establish a special fund to make the payments.

(g) Lease rentals may be limited to money in the special fund so that the obligations of the airport authority to make the lease rental payments are not considered debt of the unit or the district for purposes of the Constitution of the State of Indiana.

(h) Except as provided in this section, no approvals of any governmental body or agency are required before the authority enters into a lease under this section.

(i) An action to contest the validity of the lease or to enjoin the performance of any of its terms and conditions must be brought within thirty (30) days after the later of:

(1) the public hearing described in subsection (c); or

(2) the publication of the notice of the execution and approval of the lease described in subsection (d), if the lease is payable in whole or in part from tax levies.

However, if the lease is payable in whole or in part from tax levies and an appeal has been taken to the department of local government finance, an action to contest the validity or enjoin the performance must be brought within thirty (30) days after the decision of the department of local government finance.

(j) If an authority exercises an option to buy an airport project from a lessor, the authority may subsequently sell the airport project, without regard to any other statute, to the lessor at the end of the lease term at a price set forth in the lease or at fair market value established at the time of the sale by the authority through auction, appraisal, or arms length negotiation. If the airport project is sold at auction, after appraisal, or through negotiation, the board shall conduct a hearing after public notice in accordance with IC 5-3-1 before the sale. Any action to contest the sale must be brought within fifteen (15) days of the hearing.

As added by P.L.108-1993, SEC.10. Amended by P.L.115-1995, SEC.11; P.L.85-1996, SEC.7; P.L.90-2002, SEC.336; P.L.170-2002, SEC.72; P.L.224-2007, SEC.97; P.L.146-2008, SEC.367; P.L.119-2012, SEC.102; P.L.38-2021, SEC.55; P.L.104-2022, SEC.74.
Ind. Code § 8-14-16-1 — Indiana Code / Title 8 / Article 14 / Chapter 16 / Section 8-14-16-1
Application
Status: in_force

Sec. 1. This chapter applies only to the following counties:

(1) A county having a population of more than thirty-four thousand four hundred (34,400) and less than thirty-five thousand (35,000).

(2) A county having a population of more than forty thousand (40,000) and less than forty-three thousand (43,000).

(3) A county having a population of more than one hundred twelve thousand (112,000) and less than one hundred twenty thousand (120,000).

(4) A county having a population of more than two hundred thousand (200,000) and less than two hundred fifty thousand (250,000).

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

(6) A county having a population of more than one hundred seventy thousand (170,000) and less than one hundred seventy-four thousand (174,000).

(7) A county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000).

As added by P.L.47-2006, SEC.7. Amended by P.L.119-2012, SEC.91; P.L.104-2022, SEC.67.
Ind. Code § 8-6-2.1-6 — Indiana Code / Title 8 / Article 6 / Chapter 2.1 / Section 8-6-2.1-6
Filing of maps, plans, and specifications; resolution; inspection
Status: in_force

Sec. 6. (a) After the general maps, plans and specifications are approved by the Indiana department of transportation and the board of commissioners of the county, they shall be filed with the board by the engineer. The board shall then adopt a resolution ordering the separation or alteration of grades or relocation and reconstruction of the facilities, or any part of them, as provided for in the maps, plans, specifications and agreements and ordering the acquisition of the property described within, and adopting all maps, plans, specifications, agreements, descriptions and the estimate of cost, allocating the portions of work to be done by the various parties, prescribing the time within which the several portions of the work shall be done, and declaring that the improvement provided for will be of public necessity and convenience.

(b) The resolution, including all maps, plans, specifications, agreements, descriptions and estimate, shall be open to inspection at the office of the board by all persons interested in or affected by them.

[Pre-Local Government Recodification Citation: 19-5-14-6.]

As added by Acts 1980, P.L.8, SEC.70. Amended by P.L.156-2020, SEC.37.
Ind. Code § 8-1.5-2-26 — Indiana Code / Title 8 / Article 1.5 / Chapter 2 / Section 8-1.5-2-26
Tax levy for payment of bonds
Status: in_force

Sec. 26. (a) To pay the principal and interest on bonds issued for the construction, acquisition, extension, or improvement of a municipally owned utility, the municipal legislative body may levy an annual tax of sufficient amount on all taxable property of the municipality.

(b) If the legislative body:

(1) has contracted with a person for supplying utility services or has agreed to lease or purchase utility services; and

(2) has, in the contract, agreed to pay a stated rental, a stipulated purchase price, or other compensation to the person, or has issued bonds to pay for stock in the company or to purchase the plant;

it may levy an annual tax for payment of the rent or other consideration or purchase price to be paid for utility services, or for the purchase price of a plant, and to pay the principal and interest on the bonds.

(c) The tax under this section shall be levied and collected as other municipal taxes are levied and collected, and the proceeds shall be used only for the purpose for which the tax was levied.

As added by Acts 1982, P.L.74, SEC.1.
Ind. Code § 8-1-27-12 — Indiana Code / Title 8 / Article 1 / Chapter 27 / Section 8-1-27-12
Recovery of costs by public utility for capital projects or implemented plan
Status: in_force

Sec. 12. (a) If the commission issues an order approving an environmental compliance plan submitted by a public utility under this chapter, the commission shall, absent fraud, concealment, gross mismanagement, or inadequate quality control, allow the public utility to do the following:

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

(A) is constructed and consists of:

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

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

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

up to the amount approved under section 8(2) or 13 of this chapter, whichever is applicable.

(2) The public utility may recover the costs incurred by the public utility in the development and implementation of the approved environmental compliance plan up to the amount approved under section 8(2) or 13 of this chapter, whichever is applicable.

(b) The public utility may not recover costs in excess of the cost estimate approved by the commission under section 8(2) or 13 of this chapter, whichever is applicable, unless the commission finds that the additional costs were necessary and prudent.

(c) Except as provided in subsection (d), costs otherwise recoverable by a public utility under subsections (a) and (b) shall be recovered only through a general rate proceeding for the public utility and, to the extent such costs provide the public utility with a return of, or return on, the public utility's investment in a completed capital project, or a part of a capital project, such costs shall be so recovered only if the capital project, or part of the capital project, is found by the commission to be used and useful.

(d) Costs otherwise recoverable by a public utility under subsections (a) and (b) that also qualify for recovery under IC 8-1-2-6.6 shall be recovered by the public utility when and as provided under IC 8-1-2-6.6.

(e) This section does not apply if the public utility elects the review described in section 19 of this chapter.

As added by P.L.76-1991, SEC.1.
Ind. Code § 8-15.5-5-7 — Indiana Code / Title 8 / Article 15.5 / Chapter 5 / Section 8-15.5-5-7
Freeway project; construction in sections
Status: in_force

Sec. 7. A freeway project may be constructed or extended in sections as determined by the authority. Each separate section must be separately designated by a name or number, which must also apply to any freeway project to subsequently improve, better, enlarge, extend, or reconstruct the section.

As added by P.L.205-2013, SEC.153.
Ind. Code § 8-21-11-7 — Indiana Code / Title 8 / Article 21 / Chapter 11 / Section 8-21-11-7
Allocation of grant funds
Status: in_force

Sec. 7. (a) The department shall determine the allocation of grant funds among eligible applicants. However, the total amount of grants under this chapter may not exceed the balance in the grant fund.

(b) The budget agency shall certify to the department, the state comptroller, and the treasurer of state that funds are available for a specific grant under subsection (a). Upon receipt of the certification from the budget agency, the funds shall be transmitted to the grant recipient.

As added by P.L.34-1990, SEC.2. Amended by P.L.9-2024, SEC.300.
Ind. Code § 8-17-5-11.1 — Indiana Code / Title 8 / Article 17 / Chapter 5 / Section 8-17-5-11.1
County highway engineers' fund; unused balances; disposition
Status: in_force

Sec. 11.1. Any balance in the county highway engineers' fund at the end of each calendar year shall be returned to the counties' share of the motor vehicle highway account to be distributed in January of the following year.

As added by Acts 1981, P.L.41, SEC.58.
Ind. Code § 8-1-32.6-2 — Indiana Code / Title 8 / Article 1 / Chapter 32.6 / Section 8-1-32.6-2
"Communications service"
Status: in_force

Sec. 2. (a) As used in this chapter, "communications service" refers to any of the following:

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

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

(b) The term includes:

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

(2) broadband service;

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

(4) Internet Protocol enabled services;

however classified by the Federal Communications Commission.

As added by P.L.27-2006, SEC.56. Amended by P.L.7-2015, SEC.14.
Ind. Code § 8-1-30.8-2 — Indiana Code / Title 8 / Article 1 / Chapter 30.8 / Section 8-1-30.8-2
"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.15-2019, SEC.7.
Ind. Code § 8-1-32.3-11 — Indiana Code / Title 8 / Article 1 / Chapter 32.3 / Section 8-1-32.3-11
"Substantial modification of a wireless support structure"
Status: in_force

Sec. 11. (a) As used in this chapter, "substantial modification of a wireless support structure" means the mounting of a wireless facility on a wireless support structure in a manner that:

(1) increases the height of the wireless support structure by the greater of:

(A) ten percent (10%) of the original height of the wireless support structure; or

(B) twenty (20) feet;

(2) adds an appurtenance to the wireless support structure that protrudes horizontally from the wireless support structure more than the greater of:

(A) twenty (20) feet; or

(B) the width of the wireless support structure at the location of the appurtenance; or

(3) increases the square footage of the equipment compound in which the wireless facility is located by more than two thousand five hundred (2,500) square feet.

(b) The term does not include the following:

(1) Increasing the height of a wireless support structure to avoid interfering with an existing antenna.

(2) Increasing the diameter or area of a wireless support structure to:

(A) shelter an antenna from inclement weather; or

(B) connect an antenna to the wireless support structure by cable.

As added by P.L.145-2015, SEC.3.
Ind. Code § 8-1-31.6-3 — Indiana Code / Title 8 / Article 1 / Chapter 31.6 / Section 8-1-31.6-3
"Eligible infrastructure improvements"
Status: in_force

Sec. 3. As used in this chapter, "eligible infrastructure improvements" has the meaning set forth in IC 8-1-31-5.

As added by P.L.91-2017, SEC.8.
Ind. Code § 8-1-22.5-2 — Indiana Code / Title 8 / Article 1 / Chapter 22.5 / Section 8-1-22.5-2
Establishment of pipeline safety division of Indiana utility regulatory commission; subjects regulated
Status: in_force

Sec. 2. There is hereby established within the Commission a Pipeline Safety Division. The Division shall be charged with the regulation of:

(1) transportation; and

(2) related pipeline facilities and their operations;

in order to promote the public safety.

Formerly: Acts 1971, P.L.84, SEC.1. As amended by P.L.118-2006, SEC.2.
Ind. Code § 8-1-2.5-9 — Indiana Code / Title 8 / Article 1 / Chapter 2.5 / Section 8-1-2.5-9
Annual commission report to interim study committee; annual interim study committee report to legislative council
Status: in_force

Sec. 9. (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) The committee shall monitor changes and competition in the energy utility industry.

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

(1) The effects of competition or changes in the energy utility industry and the impact of the competition or changes on residential rates.

(2) The status of modernization of the energy utility facilities in Indiana and the incentives required to further enhance this infrastructure.

(3) The effects on economic development of this modernization.

(4) The traditional method of regulating energy utilities and the method's effectiveness.

(5) The economic and social effectiveness of traditional energy utility service pricing.

(6) The effects of legislation enacted by the United States Congress.

(7) All other energy utility issues the committee considers appropriate; however, it is not the intent of this section to provide for the review of the statutes cited in section 11 of this chapter.

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

(d) This section:

(1) does not give a party to a collective bargaining agreement any greater rights under the agreement than the party had before January 1, 1995;

(2) does not give the committee the authority to order a party to a collective bargaining agreement to cancel, terminate, amend, or otherwise modify the collective bargaining agreement; and

(3) may not be implemented by the committee in a way that would give a party to a collective bargaining agreement any greater rights under the agreement than the party had before January 1, 1995.

(e) The committee shall, with the approval of the commission, retain independent consultants the committee considers appropriate to assist the committee in the review and study. The expenses for the consultants shall be paid with funds from the public utility fees assessed under IC 8-1-6.

As added by P.L.108-1995, SEC.3. Amended by P.L.78-1997, SEC.2; P.L.28-2004, SEC.70; P.L.256-2013, SEC.1; P.L.53-2014, SEC.75; P.L.71-2022, SEC.2.
Ind. Code § 8-23-7-15 — Indiana Code / Title 8 / Article 23 / Chapter 7 / Section 8-23-7-15
Sale of surplus property separated from abutting parcel; procedure when abutting property owner fails to accept offer
Status: in_force

Sec. 15. (a) If an owner offered surplus property under section 14 of this chapter fails to accept the offer within thirty (30) days, the department may furnish a certified copy of:

(1) the order issued under section 13 of this chapter; and

(2) the appraised value of the surplus property;

to the department of administration.

(b) The surplus property may be sold in the same manner as other real property belonging to the state is sold at no less than its appraised value. The proceeds of the sale shall be credited to the department. A sale under this section is subject to the approval of the governor.

As added by P.L.18-1990, SEC.216.
Ind. Code § 8-20-1-19 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-19
Repealed
Status: repealed

Formerly: Acts 1905, c.167, s.19. As amended by P.L.86-1988, SEC.174. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-2.1-24-10 — Indiana Code / Title 8 / Article 2.1 / Chapter 24 / Section 8-2.1-24-10
Reconsideration or rehearing
Status: in_force

Sec. 10. (a) After a decision, an order, or a requirement has been made by the department in a proceeding under this chapter, a party may apply to the department for reconsideration or rehearing of a matter determined in the proceeding. The department may grant the reconsideration or rehearing if sufficient reason is found.

(b) Applications for reconsideration or rehearing shall be governed by rules adopted by the department under IC 4-22-2. If after reconsideration or rehearing it appears that the original decision, order, or requirement is unjust or unwarranted, the department may change or modify the decision, order, or requirement.

(c) A decision, an order, or a requirement made after reconsideration or rehearing is subject to the same provisions as the original decision, order, or requirement.

As added by P.L.110-1995, SEC.29.
Ind. Code § 8-14-2-2 — Indiana Code / Title 8 / Article 14 / Chapter 2 / Section 8-14-2-2
Legislative intent as to use of monies
Status: in_force

Sec. 2. It is hereby declared to be the intent of the general assembly that the monies deposited in the primary highway system special account and the local road and street account shall be used exclusively for engineering, land acquisition, construction, resurfacing, restoration, and rehabilitation of highway facilities.

Formerly: Acts 1969, c.392, s.2; Acts 1971, P.L.98, SEC.2; Acts 1973, P.L.71, SEC.2; Acts 1975, P.L.90, SEC.1. As amended by Acts 1978, P.L.58, SEC.2.
Ind. Code § 8-23-30-7 — Indiana Code / Title 8 / Article 23 / Chapter 30 / Section 8-23-30-7
Allocation of grants
Status: in_force

Sec. 7. The department shall allocate at least fifty percent (50%) of the amount available to the department to make grants in a state fiscal year to:

(1) local units that are counties having a population of less than fifty thousand (50,000); and

(2) local units that are municipalities located in counties having a population of less than fifty thousand (50,000).

As added by P.L.146-2016, SEC.16. Amended by P.L.218-2017, SEC.82; P.L.173-2025, SEC.32.
Ind. Code § 8-1-22.5-6.1 — Indiana Code / Title 8 / Article 1 / Chapter 22.5 / Section 8-1-22.5-6.1
Exception of report from disclosure
Status: in_force

Sec. 6.1. (a) If the commission or division determines that a report or part of a report filed under this chapter is confidential under IC 5-14-3-4(a), the report or part of the report shall be excepted from disclosure under IC 5-14-3-3 as provided in IC 5-14-3-4(a).

(b) If the commission or division determines under IC 5-14-3-4(b)(19) that the disclosure of a report or part of a report filed under this chapter has a reasonable likelihood of threatening public safety by exposing a vulnerability to terrorist attack, the commission or division may except the report or part of the report from disclosure under IC 5-14-3-3 as provided in IC 5-14-3-4(b).

As added by P.L.118-2006, SEC.6.
Ind. Code § 8-10-9-5 — Indiana Code / Title 8 / Article 10 / Chapter 9 / Section 8-10-9-5
Purposes of district
Status: in_force

Sec. 5. The district is established for the following purposes:

(1) To manage and supervise, in conjunction with other state and federal authorities, the industrial, commercial, and recreational development of the waterways in the city in which the district is formed.

(2) To assist other agencies of local, state, and federal governments to manage, maintain, and promote the use of the waterways in the city in which the district is formed.

(3) To foster use of the canal in an environmentally responsible manner.

(4) To provide for the orderly planning for waterways.

(5) To plan for, develop, and maintain roads, bridges, approaches, locks, gates, and other structures in connection with a waterway within the jurisdiction of the district consistent with the obligations and jurisdiction of other agencies of the federal or state government.

(6) It is the goal of the waterway projects and activities performed under this chapter to improve the commercial and recreational use of waterways in an environmentally sound manner, and to promote the economic development of the city in which the district is located.

As added by P.L.56-1994, SEC.2.
Ind. Code § 8-15.7-12-1 — Indiana Code / Title 8 / Article 15.7 / Chapter 12 / Section 8-15.7-12-1
Jurisdiction of department to adjudicate certain matters
Status: in_force

Sec. 1. The department has exclusive jurisdiction to adjudicate all matters specifically committed to the department's jurisdiction by this article.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-1-32.6-7 — Indiana Code / Title 8 / Article 1 / Chapter 32.6 / Section 8-1-32.6-7
Prohibited contracts, agreements, and arrangements; complaint; commission investigation; civil penalty; enforcement by attorney general; right to appeal
Status: in_force

Sec. 7. (a) After March 27, 2006, a communications service provider shall not enter into any contract, agreement, or other arrangement that does any of the following:

(1) Requires any person to restrict or limit:

(A) the ability of another communications service provider to obtain easements or rights-of-way for the installation of facilities or equipment used to provide communications service to Indiana customers; or

(B) access to real property by another communications service provider.

(2) Offers or grants incentives or rewards to an owner of real property if the incentives or rewards are contingent upon the property owner's agreement to restrict or limit:

(A) the ability of another communications service provider to obtain easements or rights-of-way for the installation of facilities or equipment used to provide communications service on the property; or

(B) access to the owner's real property by another communications service provider.

A contract, an agreement, or any other arrangement that violates this section is void if the contract, agreement, or arrangement is entered into after March 27, 2006. However, a contract, an agreement, or any other arrangement that otherwise violates this section remains in effect until such time as it would normally terminate or expire if the contract, agreement, or arrangement is entered into before March 28, 2006.

(b) This section does not prohibit a communications service provider and a subscriber from entering into any lawful contract, agreement, or other arrangement concerning the communications service offered by the communications service provider to the subscriber.

(c) Upon:

(1) a complaint filed by:

(A) another communications service provider;

(B) a subscriber or potential subscriber of communications service;

(C) the utility consumer counselor; or

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

(2) the commission's own motion;

the commission may investigate whether a communications service provider has violated this section. If, after notice and an opportunity for hearing, the commission determines that the communications service provider has violated this section, the commission may issue an order imposing a civil penalty of not more than five hundred dollars ($500) for each violation. For purposes of this subsection, each day that a contract, an agreement, or an arrangement prohibited by this section remains in effect constitutes a separate violation.

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

(e) Civil penalties collected under this section shall be deposited in the state general fund.

(f) A determination by the commission under this section is subject to appeal under IC 8-1-3.

As added by P.L.27-2006, SEC.56.
Ind. Code § 8-4-29-4 — Indiana Code / Title 8 / Article 4 / Chapter 29 / Section 8-4-29-4
Joinder of parties; service of process
Status: in_force

Sec. 4. (a) In suits filed under this chapter, all parties in whose favor the Indiana department of transportation may have made an award for damages by a single order may be joined as plaintiffs, and all the carriers that are parties to the order awarding damages may be joined as defendants. The suit may be maintained by joint plaintiffs against joint defendants in a county where one (1) of the joint plaintiffs could maintain a suit against one (1) of the joint defendants. Service of process against one (1) of the joint defendants as may not be found in the county where the suit is brought may be made in any other county of the state as provided by law.

(b) In case of a joint suit, the recovery, if any, may be by judgment in favor of one (1) or more of the plaintiffs against one (1) or more of the defendants found to be liable to the plaintiff or plaintiffs.

Formerly: Acts 1913, c.273, s.4. As amended by P.L.384-1987(ss), SEC.53; P.L.18-1990, SEC.61.
Ind. Code § 8-25-6-9 — Indiana Code / Title 8 / Article 25 / Chapter 6 / Section 8-25-6-9
Conduct of political subdivisions, public officials, and public employees during an election on a local public question
Status: in_force

Sec. 9. IC 8-25-2-12 applies to a local public question held under this chapter.

As added by P.L.153-2014, SEC.17.
Ind. Code § 8-1-17-12 — Indiana Code / Title 8 / Article 1 / Chapter 17 / Section 8-1-17-12
General grant of powers to corporation
Status: in_force

Sec. 12. Each cooperative corporation is vested with all powers necessary or requisite for the accomplishment of its corporate purpose and capable of being delegated by the general assembly of the state of Indiana; and no enumeration of particular powers granted by this chapter shall be construed to impair any general grant of power contained in this chapter, nor to limit any such grant to a power or powers of the same class or classes as those so enumerated.

Formerly: Acts 1951, c.193, s.12. As amended by P.L.49-2018, SEC.5; P.L.136-2018, SEC.75.
Ind. Code § 8-21-12-2 — Indiana Code / Title 8 / Article 21 / Chapter 12 / Section 8-21-12-2
"Airport"
Status: in_force

Sec. 2. As used in this chapter, "airport" means a location on land or water or a building or other structure that is used for the landing and taking off of aircraft, and that also provides for the shelter, supply, or care of aircraft, or a place used for receiving or discharging passengers or cargo by air.

As added by P.L.28-1991, SEC.2.
Ind. Code § 8-1-2-115 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-115
Enforcement of law; recovery of forfeitures or penalties
Status: in_force

Sec. 115. The commission shall inquire into any neglect or violation of the statutes of this state or the ordinances of any city or town by any public utility doing business therein, or by the officers, agents, or employees of the public utility, or by any person operating the plant of any public utility, and shall have the power, and it shall be its duty, to enforce this chapter, as well as all other laws, relating to public utilities. Any forfeiture or penalty provided in this chapter shall be recovered and suit shall be brought in the name of the state of Indiana in the circuit or superior court where the public utility has its principal place of business. Complaint for the collection of any such forfeiture may be made by the commission or any member of the commission, and, when so made, the action so commenced shall be prosecuted by the general counsel for the commission.

Formerly: Acts 1913, c.76, s.124. As amended by P.L.59-1984, SEC.45; P.L.136-2018, SEC.55.
Ind. Code § 8-1-2-61.7 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-61.7
Petition for review of rates and charges for wholesale sewage service contracts
Status: in_force

Sec. 61.7. (a) As used in this section, "utility" refers to a wastewater utility that:

(1) is owned or operated by a political subdivision (as defined in IC 36-1-2-13); and

(2) is not under the jurisdiction of the commission for the approval of rates and charges.

(b) As used in this section, "wholesale sewage service" means the collection, treatment, purification, and disposal in a sanitary manner of liquid and solid waste, sewage, night soil, and industrial waste provided by a utility to another utility.

(c) A utility that:

(1) either provides or receives wholesale sewage service; and

(2) negotiates to renew or enter into a new contract for wholesale sewage service on expiration of a contract for the same wholesale sewage service;

may file a petition for review of rates and charges for wholesale sewage service with the commission or the circuit or superior court with jurisdiction in the county where the utility has its principal office.

(d) If a utility files a petition under subsection (c), the following apply:

(1) The utility that provides the wholesale sewage service has the burden of proving that the rates and charges are just and reasonable.

(2) A petition concerning the same rates and charges may not be filed with both the commission and a court.

(3) If multiple petitions concerning the same rates and charges are filed, all petitions filed after the first petition filed must be:

(A) consolidated with the first petition filed; and

(B) heard in the forum in which the first petition was filed.

(4) The petition is not subject to IC 36-9-23 or IC 36-9-25. However, the petition may be subject to IC 8-1.5-6.

(5) If the petition is heard by a court, the court shall hear the petition de novo.

(e) After notice and hearing, the commission may issue an order determining whether the rates and charges that are the subject of a petition filed with the commission under subsection (c) are just and reasonable. The order of the commission is a final order for purposes of IC 8-1-3.

(f) This section does not:

(1) authorize the commission to revise rates and charges of a utility for any other purpose other than as stated in this section; or

(2) otherwise return or subject a utility to the jurisdiction of the commission.

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

As added by P.L.251-2013, SEC.1. Amended by P.L.213-2014, SEC.1.
Ind. Code § 8-1-30.8-6 — Indiana Code / Title 8 / Article 1 / Chapter 30.8 / Section 8-1-30.8-6
Independent verification; results submitted to authority
Status: in_force

Sec. 6. (a) The results of:

(1) the audit performed by a water utility under section 5 of this chapter during calendar year 2020; and

(2) the audit performed by a water utility under section 5 of this chapter during each even-numbered calendar year after 2020;

must be verified by an independent evaluator who is not employed by the water utility except for purposes of the evaluation of audits under this section.

(b) The results of an audit performed by a water utility under section 5 of this chapter during an even-numbered calendar year, as verified by an independent evaluator under subsection (a), must be submitted to the authority by August 1 of the year during which the audit is performed.

As added by P.L.15-2019, SEC.7.
Ind. Code § 8-15.5-6-3 — Indiana Code / Title 8 / Article 15.5 / Chapter 6 / Section 8-15.5-6-3
Minority and women's business participation; Indiana businesses
Status: in_force

Sec. 3. The operator or any contractor or subcontractor of the operator engaged in the construction of a project is subject to:

(1) the provisions of 25 IAC 5 concerning equal opportunities for minority business enterprises and women's business enterprises to participate in procurement and contracting processes or as required by federal law; and

(2) the provisions that may be established by the authority in a public-private agreement with respect to awarding contracts to Indiana businesses (as defined in IC 5-22-15-20.5).

As added by P.L.47-2006, SEC.39. Amended by P.L.205-2013, SEC.158; P.L.165-2021, SEC.130.
Ind. Code § 8-23-1.1-40 — Indiana Code / Title 8 / Article 23 / Chapter 1.1 / Section 8-23-1.1-40
"Substantial completion"
Status: in_force

Sec. 40. "Substantial completion" refers to the date, as determined by the department, when the construction of the contract is sufficiently completed in accordance with the plans and specifications, as modified by any change orders, so that the construction can be used for its intended purpose.

As added by P.L.145-2026, SEC.37.
Ind. Code § 8-3-1.7-1 — Indiana Code / Title 8 / Article 3 / Chapter 1.7 / Section 8-3-1.7-1
"Railroad" defined
Status: in_force

Sec. 1. Except as provided in section 2(a)(6) of this chapter, for purposes of this chapter, the term "railroad" does not include a Class I or a Class II railroad as established by the Interstate Commerce Commission, or wholly owned subsidiaries of those railroads. A railroad or railroad company includes a port authority that exercises its right to operate as a railroad under IC 8-10-5-8.1.

As added by Acts 1982, P.L.51, SEC.2. Amended by P.L.87-1997, SEC.1.
Ind. Code § 8-1-2-88.6 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-88.6
Access charges for interconnection to local exchange facilities
Status: in_force

Sec. 88.6. (a) As used in this section, "telephone company" means any individual, firm, partnership, cooperative organization, unincorporated association, or corporation engaged in the business of furnishing telecommunications service.

(b) Access charges paid by an interexchange carrier for interconnection to local exchange facilities must be reasonable as determined by the commission. A local exchange provider may not make or grant any undue preference or advantage concerning its pricing and provision of access to any telephone company providing interexchange telecommunications service.

As added by P.L.81-1988, SEC.1.
Ind. Code § 8-1.5-5-30 — Indiana Code / Title 8 / Article 1.5 / Chapter 5 / Section 8-1.5-5-30
Collection of unpaid fees; recording of liens; fees, charges, and penalties
Status: in_force

Sec. 30. (a) The board may defer enforcing the collection of unpaid fees and penalties assessed under this chapter until the unpaid fees and penalties have been due and unpaid for at least ninety (90) days. However, in the case of property that is occupied by someone other than the owner, this subsection does not relieve the department of its duty under section 29(d) of this chapter to notify the owner not later than twenty (20) days after the time user fees become sixty (60) days delinquent.

(b) Except as provided in subsection (k), the board shall enforce payment of fees imposed under this chapter. As often as the board determines necessary in a calendar year, the board shall prepare either of the following:

(1) A list of the delinquent fees and penalties that are enforceable under this section. The list must include the following:

(A) The name of the owner of each lot or parcel of real property on which fees are delinquent.

(B) A description of the premises, as shown by the records of the county auditor.

(C) The amount of the delinquent fees, together with the penalty.

(2) An individual instrument for each lot or parcel of real property on which the fees are delinquent.

(c) An officer of the board shall record a copy of each list or each individual instrument with the county recorder who shall charge a fee for recording the list or each individual instrument in accordance with the fee schedule established in IC 36-2-7-10. The officer shall mail by certified mail, or by another delivery service providing proof of delivery, to each property owner on the list or on an individual instrument a notice stating that a lien against the owner's property has been recorded. A service charge of five dollars ($5), which is in addition to the recording fee charged under this subsection and under subsection (e), shall be added to each delinquent fee that is recorded.

(d) Using the lists and instruments prepared under subsection (b) and recorded under subsection (c), the board shall, not later than ten (10) days after the list or each individual instrument is recorded under subsection (c), certify to the county auditor a list of the unpaid liens for collection with the next May installment of property taxes. The county and its officers and employees are not liable for any material error in the information on this list.

(e) The board shall release any recorded lien when the delinquent fees, penalties, service charges, and recording fees have been fully paid. The county recorder shall charge a fee for releasing the lien in accordance with IC 36-2-7-10.

(f) Upon receipt of the list under subsection (c), the county auditor of each county shall add a fifteen dollar ($15) certification fee for each lot or parcel of real property on which fees are delinquent. The fee is in addition to all other fees and charges. The county auditor shall immediately enter on the tax duplicate for the district the delinquent fees, penalties, service charges, recording fees, and certification fees, which are due not later than the due date of the next May installment of property taxes. The county treasurer shall include any unpaid charges for the delinquent fee, penalty, service charge, recording fee, and certification fee to the owner or owners of each lot or parcel of property, at the time the next cycle's property tax installment is billed.

(g) After certification of liens under subsection (d), the board may not collect or accept delinquent fees, penalties, service charges, recording fees, or certification fees from property owners whose property has been certified to the county auditor.

(h) If a delinquent fee, penalty, service charge, recording fee, and certification fee are not paid, they shall be collected by the county treasurer in the same way that delinquent property taxes are collected.

(i) At the time of each semiannual tax settlement, the county treasurer shall certify to the county auditor all fees, charges, and penalties that have been collected. The county auditor shall deduct the service charges and certification fees collected by the county treasurer and pay over to the officer the remaining fees and penalties due the district. The county treasurer shall retain the service charges and certification fees that have been collected and shall deposit them in the county general fund.

(j) Fees, penalties, and service charges that were not recorded before a recorded conveyance shall be removed from the tax roll for a purchaser who, in the manner prescribed by section 29(e) of this chapter, files a verified demand with the county auditor.

(k) A board may write off a fee or penalty under subsection (a) that is less than forty dollars ($40).

As added by P.L.131-2005, SEC.2. Amended by P.L.196-2014, SEC.2.
Ind. Code § 8-15.5-8-2 — Indiana Code / Title 8 / Article 15.5 / Chapter 8 / Section 8-15.5-8-2
Taxation of income received by operator
Status: in_force

Sec. 2. Income received by an operator under the terms of a public-private agreement is subject to taxation in the same manner as income received by other private entities.

As added by P.L.47-2006, SEC.39.
Ind. Code § 8-1-1.9-5 — Indiana Code / Title 8 / Article 1 / Chapter 1.9 / Section 8-1-1.9-5
Water or wastewater utility not under commission jurisdiction; requirements if enforcement order issued
Status: in_force

Sec. 5. (a) This section applies to a water or wastewater utility that:

(1) is not subject to the jurisdiction of the commission for the approval of rates and charges; and

(2) has been issued one (1) or more enforcement orders after:

(A) June 30, 2022, in connection with the provision of wastewater service; or

(B) June 30, 2025, in connection with the provision of water service.

(b) As used in this section, "department enforcement action" means an action of the department of environmental management commenced under IC 13-30-3.

(c) As used in this section, "enforcement order" means an order, including an agreed order under IC 13-30-3-3:

(1) resulting from a department enforcement action; and

(2) relating to environmental or health and human safety issues.

(d) Notwithstanding section 3 of this chapter, as used in this section, "water or wastewater utility" means any of the following that provides water service, wastewater service, or both water service and wastewater service to the public in Indiana:

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

(2) A municipally owned utility (as defined in IC 8-1-2-1(h)).

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

(4) A cooperatively owned corporation.

(5) A conservancy district established under IC 14-33.

(6) A regional water or sewer district established under IC 13-26.

(e) The following apply to a water or wastewater utility that is subject to this section:

(1) Except as provided in clause (C) in the case of a water utility, upon the issuance of the first enforcement order with respect to the water or wastewater utility, the commission shall do the following:

(A) Perform an informal review, using such procedures as the commission may choose, of the rates and charges of the water or wastewater utility to determine if the rates and charges are sufficient to:

(i) operate and maintain the water or wastewater utility's distribution system or collection and treatment system, as applicable; and

(ii) pay all obligations of the water or wastewater utility's distribution system or collection and treatment system, as applicable.

(B) Determine whether all elements of an adequate asset management program are in place with respect to the water or wastewater utility's distribution system or collection and treatment system, as applicable.

(C) In the case of a water utility, the commission shall not:

(i) initiate an informal review of the water utility's rates and charges under clause (A); or

(ii) proceed to determine whether all elements of an adequate asset management program are in place with respect to the water utility's distribution system under clause (B);

unless twelve (12) months have elapsed since the effective date of the first enforcement order and the water utility has not remedied within that time the violation for which the enforcement order was issued.

In making a determination under clause (B), the commission may consult with the drinking water and wastewater infrastructure research and extension program authorized by IC 5-1.2-11.5-10. Notwithstanding IC 8-1-1-5(b), commission staff shall not be subject to cross examination in any subsequent proceeding in connection with any documents prepared during an informal review under this subdivision.

(2) If within two (2) years of the effective date of the first enforcement order a second enforcement order is issued with respect to the water or wastewater utility in connection with the same type of service for which the first enforcement order was issued, the water or wastewater utility:

(A) shall undergo a base rate case before the commission; and

(B) becomes subject to the jurisdiction of the commission for the approval of rates and charges upon the effective date of the second enforcement order;

with respect to that service. After this first required rate case, the water or wastewater utility shall undergo one (1) subsequent rate case before the commission not earlier than three (3) years after the effective date of the commission's order in the first rate case under this subdivision. The water or wastewater utility shall remain subject to the jurisdiction of the commission for the approval of rates and charges for a minimum of five (5) years from the effective date of the commission's order in the first rate case under this subdivision and for at least one (1) year after the effective date of the commission's order in the second rate case under this subdivision. For purposes of determining rates and charges under this subdivision, if a wastewater utility also provides storm water services or is considered a combined sewer system, the commission may consider any revenues collected by the wastewater utility for storm water services. However, the commission may not order storm water rates to be adjusted.

(3) Notwithstanding IC 8-1-2.7, if the water or wastewater utility:

(A) satisfies the requirements set forth in subdivision (2); and

(B) is not issued any additional enforcement orders during the rate regulation period described in subdivision (2);

the water or wastewater utility shall provide to the commission written notice to that effect. If the commission determines that the water or wastewater utility has satisfied the requirements set forth in subdivision (2) and has not been issued any additional enforcement orders during the rate regulation period described in subdivision (2), the water or wastewater utility shall be withdrawn from the commission's jurisdiction.

(4) If, during the rate regulation period described in subdivision (2):

(A) one (1) or more additional enforcement orders are issued with respect to the water or wastewater utility in connection with the same service for which the first two (2) enforcement orders were issued; or

(B) the commissioner of the department of environmental management otherwise determines that environmental or health and human safety considerations so warrant;

the commission may, in consultation with the department of environmental management, initiate a receivership proceeding with respect to the water or wastewater utility.

(5) Subdivision (1) applies with respect to any enforcement order that is issued with respect to the water or wastewater utility after the completion of the rate regulation period described in subdivision (2).

(f) The commission may enter into an agreement with the department to carry out the requirements set forth in subsection (e).

(g) An action by the department of environmental management under this section is subject to review under IC 4-21.5.

(h) An action by the commission under this section is subject to review under IC 8-1-3.

As added by P.L.18-2022, SEC.12. Amended by P.L.24-2025, SEC.1.
Ind. Code § 8-14.5-2-8 — Indiana Code / Title 8 / Article 14.5 / Chapter 2 / Section 8-14.5-2-8
Notes
Status: in_force

Sec. 8. "Notes" refers to notes of the authority issued under IC 8-14.5-6 or IC 8-14.5-7 and includes any evidences of indebtedness of the authority except bonds.

As added by P.L.68-1988, SEC.12. Amended by P.L.246-2005, SEC.81.
Ind. Code § 8-1-13-15 — Indiana Code / Title 8 / Article 1 / Chapter 13 / Section 8-1-13-15
Purchase; own obligations
Status: in_force

Sec. 15. A corporation may, out of any funds available for that purpose, purchase any obligations issued by it at a price determined by resolution of the board together with accrued interest on the obligations. All obligations purchased in that manner shall be cancelled.

Formerly: Acts 1935, c.175, s.15. As amended by P.L.109-1989, SEC.3.
Ind. Code § 8-6-2.1-26 — Indiana Code / Title 8 / Article 6 / Chapter 2.1 / Section 8-6-2.1-26
Procedure on appeal
Status: in_force

Sec. 26. (a) The appeal shall be taken by filing an original complaint in the circuit court, superior court, or probate court of the county in which the city is located against the board within the time named, setting forth the action of the board in respect to the assessment or award, and stating the facts relied upon as showing an error of the board. The court shall rehear the matter of the assessment or award de novo, and confirm, lower or increase the amount. The cause shall be summarily tried by the court without the intervention of a jury, as in other civil cases. A change of venue from the county may not be taken.

(b) All remonstrances upon which an appeal is taken may be consolidated and heard as one (1) cause of action, and all the appeals shall be heard and determined by the court within thirty (30) days after the time of filing of the appeal. If the court reduces the amount of benefit assessed against the land of the property owner by ten percent (10%) or more of the assessment by the board, or increases the amount of the damages awarded in the property owner's favor by ten percent (10%) or more of the amount awarded by the board, the plaintiff in the appeal shall recover costs, otherwise not.

(c) The amount of the judgment in the court shall be final, and no appeal may be taken. However, any party in interest may take an appeal from the judgment to the supreme court of Indiana, upon the sole ground that the property in question has or has not incurred damages recoverable under law.

[Pre-Local Government Recodification Citation: 19-5-14-26.]

As added by Acts 1980, P.L.8, SEC.70. Amended by P.L.84-2016, SEC.46.
Ind. Code § 8-9-5-4 — Indiana Code / Title 8 / Article 9 / Chapter 5 / Section 8-9-5-4
Repealed
Status: repealed

Formerly: Acts 1913, c.43, s.4. Repealed by Acts 1978, P.L.2, SEC.867.
Ind. Code § 8-14-14-3 — Indiana Code / Title 8 / Article 14 / Chapter 14 / Section 8-14-14-3
"Fund"
Status: in_force

Sec. 3. As used in this chapter, "fund" refers to the major moves construction fund established by section 5 of this chapter.

As added by P.L.47-2006, SEC.5.
Ind. Code § 8-2.1-27-4 — Indiana Code / Title 8 / Article 2.1 / Chapter 27 / Section 8-2.1-27-4
"Local health department"
Status: in_force

Sec. 4. As used in this chapter, "local health department" refers to a local health department established under IC 16-20 or the health and hospital corporation created under IC 16-22-8.

As added by P.L.108-2012, SEC.1.
Ind. Code § 8-3-2-3 — Indiana Code / Title 8 / Article 3 / Chapter 2 / Section 8-3-2-3
Freight movements; time limit
Status: in_force

Sec. 3. All carriers subject to the provisions of this chapter are required, when any carload freight has been properly loaded and proper shipping instructions have been delivered, to move the same forward to destination, if on its line, or to the point of junction with the connecting carrier named in the shipping directions, not less than average of fifty (50) miles every twenty-four (24) hours, Sundays and legal holidays excepted; provided, that twenty-four (24) hours shall be allowed for movements through the terminals at point of origin and for passing through any transfer or terminal en route. Every such carrier shall receive from its connecting lines, at junction points, or at point of interchange agreed upon between them, all carload freight tendered there for forwarding on its lines and shall move the same forward to destination, or to the connecting carrier named in the shipping directions an average of not less than fifty (50) miles every twenty-four (24) hours, Sundays and legal holidays excepted; provided, that twenty-four (24) hours shall be allowed for the movement through the terminal at point of origin and for passing through any transfer or terminal en route. In case any such carrier shall fail, unless prevented by wrecks or strikes or accident to tracks, to forward carload shipments as provided in this section, then every such carrier shall forfeit and pay to the consignee of such freight the sum of five dollars ($5) per car for each twenty-four (24) hours or major part thereof that the same has not been moved forward as required by this section, and the sum due on account of any such forfeiture may be deducted from the freight charges following any such shipment. All shipments of freight in less than carload lots shall be moved by the carrier at the same rate of speed as required by this section for freight in carload lots, except that forty-eight (48) hours shall be allowed for getting out of terminal at point of origin, and for passing through any terminal or transfer en route. The penalty for failure to so move shipments of freight in less than carload lots shall be an amount equal to twenty-five percent (25%) of the freight charged on such shipment for every day's delay or fraction of a day.

Formerly: Acts 1907, c.231, s.3. As amended by P.L.62-1984, SEC.15.
Ind. Code § 8-1-8.9-6 — Indiana Code / Title 8 / Article 1 / Chapter 8.9 / Section 8-1-8.9-6
"Qualified cost" defined
Status: in_force

Sec. 6. As used in this chapter, "qualified cost" means any cost incurred by an energy utility in purchasing substitute natural gas under a qualified contract.

As added by P.L.175-2007, SEC.21.
Ind. Code § 8-1-2.8-2 — Indiana Code / Title 8 / Article 1 / Chapter 2.8 / Section 8-1-2.8-2
"Commission"
Status: in_force

Sec. 2. As used in this chapter, "commission" refers to the Indiana utility regulatory commission.

As added by P.L.75-1991, SEC.1.
Ind. Code § 8-23-17-18 — Indiana Code / Title 8 / Article 23 / Chapter 17 / Section 8-23-17-18
Relocation advisory assistance program
Status: in_force

Sec. 18. Whenever acquisition of, or code enforcement upon, real property by an agency will result in the displacement of a person, the agency shall provide a relocation assistance advisory program for displaced persons which shall offer the services described in section 20 of this chapter. If the agency determines that a person occupying property immediately adjacent to the real property acquired is caused substantial economic injury because of the acquisition, it may offer that person relocation advisory services under the program.

As added by P.L.18-1990, SEC.226.
Ind. Code § 8-15.5-7-5 — Indiana Code / Title 8 / Article 15.5 / Chapter 7 / Section 8-15.5-7-5
Collection of user fees by operator
Status: in_force

Sec. 5. A public-private agreement may:

(1) grant an operator a license or franchise to charge and collect tolls or user fees for the use of the toll road project or facility project;

(2) authorize the operator to adjust the user fees charged and collected for the use of the toll road project or facility project, so long as the amounts charged and collected by the operator do not exceed the maximum amounts established by the authority under section 1 of this chapter;

(3) provide that any adjustment by the operator permitted under subdivision (2) may be based on such indices, methodologies, or other factors as described in the public-private agreement or section 1 of this chapter or as approved by the authority, as applicable;

(4) authorize the operator to charge and collect user fees through manual and nonmanual methods, and for a toll road project may include, but not be limited to, automatic vehicle identification systems, electronic toll collection systems, and, to the extent permitted by law, including rules adopted by the authority under IC 8-15-2-17.2(a)(10), global positioning systems and photo or video based toll collection or toll collection enforcement systems; and

(5) authorize the collection of user fees charges by a third party.

As added by P.L.47-2006, SEC.39. Amended by P.L.163-2011, SEC.8; P.L.213-2015, SEC.117.
Ind. Code § 8-2.1-19.1-13 — Indiana Code / Title 8 / Article 2.1 / Chapter 19.1 / Section 8-2.1-19.1-13
Fare guidelines; payment
Status: in_force

Sec. 13. (a) A TNC shall establish guidelines under which a TNC may charge a fare for prearranged rides. The guidelines must require the following:

(1) Disclosure of the fare calculation method on the TNC's digital network.

(2) Publication to TNC riders of applicable rates at the time of service.

(3) Providing a TNC rider the option to receive an estimated fare before the TNC rider enters a personal vehicle operated by a TNC driver.

(4) Payment of a fare only by electronic means using the TNC's digital network.

(b) A TNC driver may not solicit or accept cash payments from TNC riders.

As added by P.L.175-2015, SEC.10.
Ind. Code § 8-1-1-4.1 — Indiana Code / Title 8 / Article 1 / Chapter 1 / Section 8-1-1-4.1
Payment of expenses
Status: in_force

Sec. 4.1. Any expense incurred by the commission, either upon complaint against any public utility, or upon petition of any public utility shall be charged and paid in the manner provided in IC 8-1-2-70 or IC 8-1-6, whichever is appropriate under the circumstances.

As added by Acts 1981, P.L.104, SEC.2.
Ind. Code § 8-1-46.1-12 — Indiana Code / Title 8 / Article 1 / Chapter 46.1 / Section 8-1-46.1-12
"Utility"
Status: in_force

Sec. 12. As used in this chapter, "utility" means:

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

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

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

(4) a cooperatively owned corporation;

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

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

that provides sewage disposal service to the public.

As added by P.L.95-2026, SEC.1.
Ind. Code § 8-1-2.8-15 — Indiana Code / Title 8 / Article 1 / Chapter 2.8 / Section 8-1-2.8-15
Accounting and recovery of costs
Status: in_force

Sec. 15. All costs incurred by a LEC as a result of its compliance with the ADA requirements to provide services to deaf, hard of hearing, and speech impaired persons shall be accounted for separately and recovered as required by the ADA and the FCC.

As added by P.L.75-1991, SEC.1. Amended by P.L.109-2012, SEC.9.
Ind. Code § 8-1.5-2-11 — Indiana Code / Title 8 / Article 1.5 / Chapter 2 / Section 8-1.5-2-11
Repealed
Status: repealed

As added by Acts 1982, P.L.74, SEC.1. Repealed by P.L.172-2009, SEC.8.
Ind. Code § 8-1-26-13 — Indiana Code / Title 8 / Article 1 / Chapter 26 / Section 8-1-26-13
Permit authorizing excavation or demolition; compliance with chapter
Status: in_force

Sec. 13. A permit issued in accordance with a law authorizing excavation or demolition operations does not relieve a person from the responsibility of complying with this chapter.

As added by P.L.69-1990, SEC.2.
Ind. Code § 8-15.7-5-1.5 — Indiana Code / Title 8 / Article 15.7 / Chapter 5 / Section 8-15.7-5-1.5
Additional required provisions of agreement
Status: in_force

Sec. 1.5. In addition to the other requirements of this article, a public-private agreement entered into under this article must include the following:

(1) A requirement for the completion of all environmental analyses of the project required by state and federal law in the manner and at the times required by the appropriate state and federal agencies.

(2) A requirement for ownership by the department in the name of the state of Indiana of:

(A) all the real property on which the project is located; and

(B) all of the improvements on that real property.

(3) An expedited method for resolving disputes between or among the department, the parties to the public-private agreement, and affected jurisdictions, as required by IC 8-15.7-12-2.

(4) This subdivision applies only to a public-private agreement entered into after June 30, 2019. The agreement must provide for payment and performance bonds as follows:

(A) For a payment bond, an amount not less than one hundred percent (100%) of the cost to design and construct the project.

(B) For a performance bond, an amount not less than fifty percent (50%) of the cost to design and construct the project.

As added by P.L.85-2010, SEC.18. Amended by P.L.208-2019, SEC.3.
Ind. Code § 8-1-46.1-20 — Indiana Code / Title 8 / Article 1 / Chapter 46.1 / Section 8-1-46.1-20
Alternative compliance
Status: in_force

Sec. 20. A regulating authority and utility shall permit a regulated entity to comply with this chapter through alternative grease control equipment or maintenance protocols approved by the regulating authority where installation of an exterior grease interceptor is impractical due to:

(1) the available space;

(2) the structure; or

(3) other site constraints.

As added by P.L.95-2026, SEC.1.
Ind. Code § 8-8-1-10 — Indiana Code / Title 8 / Article 8 / Chapter 1 / Section 8-8-1-10
Violation; penalty; action to recover; exceptions
Status: in_force

Sec. 10. Every common carrier, or the receiver thereof, using or permitting to be used or hauled on its line a locomotive, tender, car, or similar vehicle or train in violation of the provisions of this chapter is liable to a penalty of one hundred dollars ($100) for each violation, to be recovered in a suit or suits to be brought by and in the name of the Indiana department of transportation in a circuit or superior court of this state having jurisdiction over the offending carrier. This chapter does not apply to locomotives, tenders, cars, or trains exclusively used in the movement of logs when the height of the draw bars on the locomotives, tenders, and cars does not exceed twenty-five (25) inches or to locomotives, tenders, cars, similar vehicles, or trains while any are in actual use in interstate commerce.

Formerly: Acts 1907, c.118, s.10. As amended by P.L.62-1984, SEC.109; P.L.384-1987(ss), SEC.72; P.L.18-1990, SEC.82.
Ind. Code § 8-1-1-5 — Indiana Code / Title 8 / Article 1 / Chapter 1 / Section 8-1-1-5
Impartiality of commission; evidence; record; utility consumer counselor; ex parte communications; executive sessions; violations
Status: in_force

Sec. 5. (a) The commission shall in all controversial proceedings heard by it be an impartial fact-finding body and shall make its orders in such cases upon the facts impartially found by it. The commission shall in no such proceeding, during the hearing, act in the role either of a proponent or opponent on any issue to be decided by it. All evidence given in any such proceeding shall be offered on behalf of the respective parties to, or appearing in, the proceeding and not in the name or behalf of the commission itself.

(b) Any report, audit, examination, or analysis prepared by the commission staff at the request or direction of the commission may be made a part of the record of the proceeding, subject to cross-examination by any party of the person who performed or directed the preparation of the report, audit, examination, or analysis.

(c) If in any such proceeding the public interest is not otherwise adequately represented by counsel, in the opinion of the commission, it shall be the duty of the utility consumer counselor, if requested by the commission, to make adequate preparation for the presentation of the interests of the public in such proceeding and the utility consumer counselor shall at the hearing represent the public interests therein involved.

(d) However, nothing in this section prevents the commission from instituting, prosecuting, hearing, or determining any investigation or proceeding which it is authorized to do, or make, on its own motion by any law with the administration of which it is charged.

(e) Except as otherwise provided in this chapter, no member or employee of the commission assigned to make findings of fact and conclusions of law in a formally docketed evidentiary proceeding may communicate in connection with any issue of fact or law disputed in that proceeding with any party or any party's representative, except on notice and with opportunity for all parties to participate.

(f) In addition to holding an executive session in the instances described in IC 5-14-1.5-6.1(b), the commission may hold an executive session to deliberate on a proposed order if all the following are satisfied:

(1) All evidence on the matter has been received by the commission.

(2) The deliberations are preparatory to taking final action on an order subject to judicial review.

(3) Only the following are permitted to participate in the executive session:

(A) Commission members.

(B) Commission employees who are formally assigned to advise or assist in preparing the order, including the commission's technical staff and attorneys.

IC 5-14-1.5-5, IC 5-14-1.5-6.1, and IC 5-14-1.5-7 apply to an executive session held under this subsection.

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

Formerly: Acts 1941, c.101, s.5. As amended by Acts 1978, P.L.55, SEC.1; P.L.43-1983, SEC.5; P.L.23-1988, SEC.14; P.L.30-2006, SEC.1.
Ind. Code § 8-1-38-1 — Indiana Code / Title 8 / Article 1 / Chapter 38 / Section 8-1-38-1
"Electric transmission facility"
Status: in_force

Sec. 1. (a) As used in this chapter, "electric transmission facility" means a high voltage transmission line with a rating of at least one hundred (100) kilovolts and related transmission facilities and controls.

(b) The term does not include a line installed solely for the purpose of connecting an electric generation facility to facilities owned by a public utility.

As added by P.L.174-2013, SEC.1. Amended by P.L.145-2023, SEC.1.
Ind. Code § 8-1-2.8-25 — Indiana Code / Title 8 / Article 1 / Chapter 2.8 / Section 8-1-2.8-25
Immunity from civil liability
Status: in_force

Sec. 25. The following are not liable in any civil action for any injuries or loss to persons or property incurred by any person as a result of any act or omission of any person or entity listed in subdivisions (1) through (3) in connection with the development, adoption, implementation, maintenance, or operation of any system that provides dual party relay services or telecommunications devices, except for injuries or losses incurred as a result of willful or wanton misconduct:

(1) The InTRAC.

(2) A LEC providing dual party relay services.

(3) An employee, a director, an officer, or an agent of an entity listed in subdivision (1) or (2).

As added by P.L.75-1991, SEC.1. Amended by P.L.80-1996, SEC.7; P.L.27-2006, SEC.36.
Ind. Code § 8-22-4-1 — Indiana Code / Title 8 / Article 22 / Chapter 4 / Section 8-22-4-1
Creation of authority; members
Status: in_force

Sec. 1. (a) Governmental units in each of two (2) party states may combine in the creation of an airport authority for the purpose of jointly supporting and operating an airport terminal and all attached properties. The governmental units are not limited as to number, character, or size, except that the airport authority must be composed of an equal number of members from each party state, designated or appointed by the legislative body of the participating governmental unit. The federal government may be represented by a nonvoting agent or representative if authorized by federal law.

(b) The airport authority is established when resolutions or ordinances containing identical agreement provisions are duly adopted by the legislative bodies of the governmental units to be combined into the airport authority. If passage is by resolution, it may be joint or several, but the resolution or ordinance of the combining governmental units must provide for the number of members, the residence requirements of the members, the length of term of the members, and the appointment of an additional member by the governor of each party state. If the member appointed by the governor is selected from the membership or staff of the aeronautics commission of the state, there is no limitation as to place of residence, and the length of tenure of office is at the pleasure of the governor.

(c) The respective members of the airport authority, except any member representing the federal government, are each entitled to one (1) vote. An action of the membership of the airport authority is official only if taken at a meeting in which a majority of the voting members from each party state are present and a majority of those from each state concur. An action that does not comply with these requirements may be ratified within thirty (30) days by the concurrence of a majority of the members of each party state. In the absence of a member, his vote may be cast by another representative or member of his state if the representative casting the vote has a written proxy in the proper form required by the airport authority.

[Pre-Local Government Recodification Citation: 19-6-5-2 part.]

As added by Acts 1980, P.L.8, SEC.73.
Ind. Code § 8-22-3-1.1 — Indiana Code / Title 8 / Article 22 / Chapter 3 / Section 8-22-3-1.1
Establishment of airport authorities in Allen County
Status: in_force

Sec. 1.1. (a) Notwithstanding section 1 of this chapter, an airport authority is established in Allen County.

(b) For the purposes of this chapter, an authority established under this section shall be treated as if it had been established by an ordinance of the fiscal body of the county. However, section 2 of this chapter does not apply to such an authority.

(c) The name of an authority established under this section is the "Fort Wayne-Allen County Airport Authority".

As added by P.L.100-1985, SEC.1. Amended by P.L.12-1992, SEC.67; P.L.119-2012, SEC.98.
Ind. Code § 8-22-3-4.1 — Indiana Code / Title 8 / Article 22 / Chapter 3 / Section 8-22-3-4.1
Members of board for Marion County
Status: in_force

Sec. 4.1. (a) This section applies only to the board of an airport authority established for Marion County.

(b) The board consists of members appointed as follows:

(1) The mayor of the consolidated city shall appoint six (6) members. Each member appointed under this subdivision must be a resident of Marion County.

(2) The majority leader of the Marion County legislative body shall appoint one (1) member. The member appointed under this subdivision must be a resident of Marion County.

(3) The county executive of each of the following Indiana counties shall each appoint one (1) member:

(A) Hendricks County.

(B) Hancock County.

(C) Hamilton County.

(D) Morgan County.

The county executive of a county represented on the board under this subdivision may not appoint an advisory member under section 4(e) of this chapter.

Not more than three (3) members appointed under subdivision (1) may be members of the same political party.

(c) The member of the board appointed under subsection (b)(2) must also be a resident of either of the following townships in Marion County:

(1) Decatur Township.

(2) Wayne Township.

(d) A member of the board appointed under subsection (b)(3)(A) must be a resident of Guilford Township in Hendricks County.

(e) The member of the board appointed under subsection (b)(3)(D) must be a resident of:

(1) Morgan County; and

(2) one (1) of the following two (2) townships in Morgan County:

(A) Brown Township.

(B) Madison Township.

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

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

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

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

(j) A board member appointed under subsection (b)(3) may not vote on a matter before the board relating to imposing, increasing, or decreasing property taxes in Marion County.

As added by P.L.116-1995, SEC.4. Amended by P.L.170-2002, SEC.70; P.L.83-2004, SEC.1; P.L.139-2011, SEC.3; P.L.119-2012, SEC.100; P.L.74-2018, SEC.2; P.L.104-2022, SEC.72.
Ind. Code § 8-14-14.1-3 — Indiana Code / Title 8 / Article 14 / Chapter 14.1 / Section 8-14-14.1-3
Establishment of the fund; transfers from the state general fund
Status: in_force

Sec. 3. (a) The major moves 2020 trust fund is established, to be used exclusively for major highway expansion projects that enhance the ability of goods to be transported in and through Indiana.

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

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

(d) The fund consists of:

(1) money transferred to the fund under subsection (h); and

(2) any interest or other earnings on money in the fund.

(e) The fund is considered a trust fund for purposes of IC 4-9.1-1-7. Money may not be transferred, assigned, or otherwise removed from the fund by the state board of finance, the budget agency, or any other state agency. IC 4-9.1-1-8 and IC 4-9.1-1-9 do not apply to the fund.

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

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

(h) The budget agency may before July 1, 2015, direct the auditor of state to transfer not more than two hundred million dollars ($200,000,000) to the fund from the state general fund. If the budget agency directs the auditor of state to make such a transfer, the auditor of state shall transfer to the fund the amount determined by the budget agency. There is annually appropriated from the state general fund an amount sufficient to make the transfer under this subsection. A transfer under this subsection is in addition to any transfer from the state general fund to the fund before January 1, 2014.

As added by P.L.205-2013, SEC.135. Amended by P.L.201-2014, SEC.2.
Ind. Code § 8-1-43-7 — Indiana Code / Title 8 / Article 1 / Chapter 43 / Section 8-1-43-7
"Public use electric vehicle pilot program"
Status: in_force

Sec. 7. As used in this chapter, "public use electric vehicle pilot program", or "pilot program", means a limited deployment of:

(1) charging infrastructure; or

(2) make-ready infrastructure;

that is designed to evaluate the feasibility and design, including the associated costs and benefits, of a larger scale deployment of such infrastructure necessary to support public use electric vehicles.

As added by P.L.94-2022, SEC.4.
Ind. Code § 8-16-2-17 — Indiana Code / Title 8 / Article 16 / Chapter 2 / Section 8-16-2-17
Toll receipts
Status: in_force

Sec. 17. The moneys derived from tolls taken for the use of such bridge shall be applied first to the payment of the expense of collecting such tolls. The net amount of such toll fund remaining after the payment of the expense of collecting such tolls shall be divided equally between the state of Indiana and the county in said state which has issued bonds in aid of the bridge from which the tolls were derived until each of said state and said county has received back an amount equal to the amount contributed by the county to the said bridge, together with interest thereon up to the time of repayment; and such net toll shall be used for no other purpose. Payment of such net toll shall be made semiannually, and it is hereby made the duty of the officer having custody of such net tolls to pay to such county its share thereof, ascertained as aforesaid, and to the state of Indiana its share thereof, ascertained as aforesaid, and all amounts so paid to such county shall be used by such county, when so received, in payment of its said bonds and interest so long as any of said bonds and interest remain outstanding and unpaid. All depository interest accruing on such fund, shall be added to and shall constitute a part of such fund.

Formerly: Acts 1927, c.10, s.17.
Ind. Code § 8-6-1-2 — Indiana Code / Title 8 / Article 6 / Chapter 1 / Section 8-6-1-2
Requisite information; forms; investigation
Status: in_force

Sec. 2. The department shall secure from the several companies owning or operating railroads throughout this state detailed and specific information concerning the highway crossings along their lines, outside the corporate limits of cities and incorporated towns in this state, and, for that purpose, the department shall prepare and submit to each of such companies blank forms indicating the various items of information concerning such highway crossings upon which the department desires to be advised. Such companies shall, within six (6) months after the receipt of such blank forms by them respectively, fill out the same with the complete information requested and return to the department a separate blank form so filled out for each such highway crossing, accompanied by a photograph of each separate crossing so described. The department shall then proceed to examine the conditions of each highway crossing and ascertain which of the same should, under all the circumstances, be separated, and, to that end, the department may employ a civil engineer and such expert assistance as is necessary to make such investigation.

Formerly: Acts 1913, c.182, s.2. As amended by P.L.384-1987(ss), SEC.57.
Ind. Code § 8-20-1-54 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-54
Repealed
Status: repealed

Formerly: Acts 1905, c.167, s.63; Acts 1907, c.96, s.1; Acts 1913, c.159, s.1; Acts 1915, c.176, s.4. As amended by P.L.66-1984, SEC.127. Repealed by P.L.86-1988, SEC.227.
Ind. Code § 8-1-8.9-11 — Indiana Code / Title 8 / Article 1 / Chapter 8.9 / Section 8-1-8.9-11
Qualified order for cost recovery
Status: in_force

Sec. 11. (a) Notwithstanding any other law, the commission may, in accordance with this chapter and IC 8-1-2-42.1, issue a qualified order that:

(1) approves the terms of a qualified contract; and

(2) authorizes the recovery of qualified costs by an energy utility from its customers.

(b) A qualified order issued under this section may not be:

(1) rescinded;

(2) nullified; or

(3) modified;

in such a manner that reduces or otherwise impairs the value of an SNG property interest.

As added by P.L.175-2007, SEC.21.
Ind. Code § 8-1.5-1-8 — Indiana Code / Title 8 / Article 1.5 / Chapter 1 / Section 8-1.5-1-8
"Municipality"
Status: in_force

Sec. 8. "Municipality" means city or town.

As added by Acts 1982, P.L.74, SEC.1.
Ind. Code § 8-1-26.5-8 — Indiana Code / Title 8 / Article 1 / Chapter 26.5 / Section 8-1-26.5-8
Repealed
Status: repealed

As added by P.L.93-2018, SEC.1. Repealed by P.L.177-2019, SEC.4.
Ind. Code § 8-1-5.5-4 — Indiana Code / Title 8 / Article 1 / Chapter 5.5 / Section 8-1-5.5-4
Violations
Status: in_force

Sec. 4. A person who supplies drinking water that does not comply with section 2 of this chapter commits a Class B infraction for each day he is in violation.

As added by Acts 1981, P.L.105, SEC.1.