Ind. Code § 8-2.1-24-8 — Indiana Code / Title 8 / Article 2.1 / Chapter 24 / Section 8-2.1-24-8
Compulsory process; swearing of witnesses; record of testimony; administrative order
Status: in_force

Sec. 8. The department, a member of the department, or an authorized representative of the department, may:

(1) compel the attendance of witnesses;

(2) swear witnesses;

(3) take testimony under oath; and

(4) make a record of testimony.

After a record is made under the direction of the department, an administrative law judge, or an authorized representative of the department, the department may make an appropriate order upon the record.

As added by P.L.110-1995, SEC.29.
Ind. Code § 8-5-15-17 — Indiana Code / Title 8 / Article 5 / Chapter 15 / Section 8-5-15-17
Employees of commuter railroad transportation system; protection
Status: in_force

Sec. 17. If the district acquires a commuter railroad transportation system and proceeds to operate the system directly, by management contract, or by lease under this chapter, the employees of the system shall be protected as follows:

(1) The employees of the system must be retained to the fullest extent consistent with sound management, and those terminated or laid off must be assured priority of reemployment.

(2) The rights, privileges, and benefits of the employees under any pension or retirement plan are not affected, and the board shall assume the duties of the system under the plan.

(3) The board shall act in such a manner as to insure the continuing applicability to affected railroad employees of the provisions of all federal statutes applicable to them prior to April 1, 1984, and a continuation of their collective bargaining agreements until the provisions of those agreements can be renegotiated by representatives of the board and the representatives of those employees duly designated pursuant to terms and provisions of the federal Railway Labor Act (45 U.S.C. 151 et seq.).

(4) The employees of the system shall receive protection no less favorable than the employee conditions provided In the Matter of the New York Dock (360 I.C.C. 60), and no person with an employment relation with the commuter transportation system on April 1, 1984, may be deprived of employment or placed in a worse position by reason of the district's acquisition of a commuter transportation system.

As added by P.L.64-1984, SEC.13.
Ind. Code § 8-15.7-4-4 — Indiana Code / Title 8 / Article 15.7 / Chapter 4 / Section 8-15.7-4-4
Use of work product from unsuccessful proposal
Status: in_force

Sec. 4. The department may pay a stipulated amount to an unsuccessful offeror that submits a responsive proposal in response to a request for proposals under this chapter, in exchange for the work product contained in that proposal. The use by the department of any design element contained in an unsuccessful proposal is at the sole risk and discretion of the department and does not confer liability on the recipient of the stipulated amount under this section. After payment of the stipulated amount:

(1) the department and the unsuccessful offeror jointly own the rights to, and may make use of any work product contained in, the proposal, including the technologies, techniques, methods, processes, ideas, and information contained in the proposal, project design, and project financial plan; and

(2) the use by the unsuccessful offeror of any part of the work product contained in the proposal is at the sole risk of the unsuccessful offeror and does not confer liability on the department.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-4.5-4-6 — Indiana Code / Title 8 / Article 4.5 / Chapter 4 / Section 8-4.5-4-6
Acquisition
Status: in_force

Sec. 6. (a) If:

(1) a determination is made under this chapter to acquire the railroad's interest in the corridor; and

(2) money is available in the fund;

the state shall acquire the railroad's interest in the corridor under IC 4-20.5-3.

(b) An acquisition by the state under this chapter does not deprive a public utility of the use of all or part of the railroad's interest in the corridor, if, at the time of acquisition:

(1) the public utility is occupying and using all or part of the railroad's interest in that corridor for the location and operation of its facilities; or

(2) the public utility has acquired an interest for use of all or part of the railroad's interest in the corridor.

As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.11.
Ind. Code § 8-3-1.5-11 — Indiana Code / Title 8 / Article 3 / Chapter 1.5 / Section 8-3-1.5-11
Sale of rail properties
Status: in_force

Sec. 11. All rail properties within the State offered for sale by the railroad corporation after June 30, 1975 shall be offered for sale to the department in the first instance.

Formerly: Acts 1975, P.L.79, SEC.1. As amended by Acts 1980, P.L.74, SEC.50.
Ind. Code § 8-23-2-12 — Indiana Code / Title 8 / Article 23 / Chapter 2 / Section 8-23-2-12
Engineers and land surveyors; contracts; compensation
Status: in_force

Sec. 12. A contract for professional services of engineers or land surveyors may be made on the basis of competence and qualifications for the type of services to be performed. Compensation that the department determines to be reasonable may be negotiated.

As added by P.L.18-1990, SEC.209.
Ind. Code § 8-15-3-5 — Indiana Code / Title 8 / Article 15 / Chapter 3 / Section 8-15-3-5
"Revenue"
Status: in_force

Sec. 5. As used in this chapter, "revenue" means any toll, rental, gift, grant, appropriation, money, or other funds or property coming into the possession or under the control of the department under this chapter.

As added by P.L.386-1987(ss), SEC.13.
Ind. Code § 8-4-7-13 — Indiana Code / Title 8 / Article 4 / Chapter 7 / Section 8-4-7-13
Board of managers; associate companies
Status: in_force

Sec. 13. It shall be competent for the board of directors of such union railway company to organize a board of managers, to consist of a representative from each proprietary company, as well as a representative from each associate company previously admitted, such representatives to be selected by the respective companies which they are to represent, and the president of the union railway company shall be ex officio president of such board. As associate companies are from time to time admitted to the use of the union railway property and facilities, as aforesaid, they shall each become entitled to have a representative on said board of managers; but after such board of managers shall have been organized, other associate companies shall only be admitted as aforesaid with the unanimous consent of all the members of such board of managers.

Formerly: Acts 1885, c.20, s.13.
Ind. Code § 8-1-13-18.5 — Indiana Code / Title 8 / Article 1 / Chapter 13 / Section 8-1-13-18.5
Withdrawal from jurisdiction of commission
Status: in_force

Sec. 18.5. (a) Except as provided in subsection (i), a corporation organized under this chapter or a corporation organized under IC 23-17 whose membership includes one (1) or more corporations organized under this chapter may withdraw from the jurisdiction of the commission. A corporation organized under this chapter that withdraws from the jurisdiction of the commission must comply with all provisions of this chapter that do not directly concern the commission and must continue to pay the public utility fee required under IC 8-1-6. A member of a corporation that has withdrawn from the commission's jurisdiction shall have reasonable access to the meetings and the minutes of the meetings of the corporation's board of directors, except for executive sessions that concern personnel matters and confidential or proprietary matters that may:

(1) invade the privacy of a member or an employee of the corporation; or

(2) impair the corporation's bargaining, legal, or competitive position;

if the matter is disclosed to the member.

(b) A corporation that proposes to withdraw under this chapter from the jurisdiction of the commission must first obtain the approval of the members.

(c) The board of a corporation that proposes to withdraw under this chapter from the jurisdiction of the commission must conduct a referendum of the members of the corporation to determine whether the members approve of the removal of the corporation from the jurisdiction of the commission.

(d) A board must send written notice of the board's intent to conduct a referendum to the commission before the board may conduct the referendum.

(e) A referendum may be conducted at an annual or special meeting of the members held under section 8 of this chapter if a quorum is present.

(f) Written notice of a meeting at which a referendum is to be conducted must be sent to every member not less than thirty (30) days before the date of the meeting. The notice must contain the following information:

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

(2) The fact that a referendum will be conducted at the meeting to determine whether the members approve of the removal of the corporation from the jurisdiction of the commission.

(3) The fact that no proxies will be permitted to determine whether the members approve of the removal of the corporation from the jurisdiction of the commission.

(g) A board shall distribute secret ballots to the members present at the meeting. The ballots must be in a form substantially equivalent to the following:

___ YES. I want the corporation to withdraw from the jurisdiction of the commission.

___ NO. I want the corporation to remain under the jurisdiction of the commission.

Only those members present in person at the meeting may vote. Each member is entitled to one (1) vote on the question of the corporation's withdrawal from jurisdiction of the commission. If a majority of the members present vote in favor of withdrawing from the jurisdiction of the commission, the withdrawal is effective thirty (30) days after the date of the vote. If less than a majority of the members vote in favor of withdrawing the corporation from jurisdiction of the commission, the corporation is prohibited from conducting another referendum concerning withdrawal for eighteen (18) months following the date of the meeting at which the vote was taken. Parties aggrieved by the conduct of the referendum must file an action in the circuit or superior court with jurisdiction in the county where the corporation has the corporation's principal office to allege noncompliance with this section not more than thirty (30) days after the date of the vote.

(h) If a corporation withdraws from jurisdiction of the commission, the corporation's secretary shall not more than five (5) days after the date of the vote send a verified certification of the vote to the commission affirming that all the requirements of this section were met and include all of the following:

(1) The total membership of the corporation.

(2) The total number of members voting in the referendum.

(3) The actual vote, for and against withdrawal.

(i) If a corporation withdraws from the jurisdiction of the commission, the commission shall continue to exercise jurisdiction over the corporation only as to the following:

(1) Electric service area assignments under IC 8-1-2.3.

(2) Certificates of public convenience and necessity, certificates of territorial authority, and indeterminate permits under IC 8-1-2, IC 8-1-8.5, or IC 8-1-8.7.

(j) Whenever two (2) or more corporations organized under this chapter consolidate or merge under section 16 of this chapter, and one (1) but not all of the corporations has withdrawn from the jurisdiction of the commission under this section, the consolidated or merged corporation is under the jurisdiction of the commission until the consolidated or merged corporation withdraws from jurisdiction of the commission under this section, unless the agreement for consolidation or merger approved under section 16 of this chapter includes the withdrawal from the jurisdiction of the commission under this section.

(k) A board of a corporation that has withdrawn from the jurisdiction of the commission under this section must conduct a referendum of the corporation's members to determine whether the corporation should return to the jurisdiction of the commission upon receipt of:

(1) a petition for a referendum signed by not less than fifteen percent (15%) of the corporation's members; or

(2) a resolution ordering a referendum adopted by a majority vote of the board of directors of the corporation.

Upon receipt of the petition or adoption of the resolution by the board, the board shall inform the commission of the petition or resolution and shall thereafter conduct a referendum at the next annual meeting of the corporation held under section 8 of this chapter, or if the next annual meeting is more than ninety (90) days after the date the petition was received or resolution for referendum was adopted by the board, then at a special meeting called by the board and held not more than ninety (90) days after receipt of the petition or adoption of the resolution. The process provided in subsections (d), (e), (f), (g), and (h) shall be followed when conducting a referendum under this subsection, except the form of the ballots must be as follows:

___ YES. I want the corporation to return to the jurisdiction of the commission.

___ NO. I want the corporation to remain outside the jurisdiction of the commission.

If a corporation returns to the jurisdiction of the commission, the commission shall resume all the jurisdiction it would have if the corporation had not withdrawn, effective thirty (30) days following the date the referendum was conducted. If less than a majority of the members voting at the referendum vote in favor of returning to the jurisdiction of the commission, a referendum on the question presented at the referendum may not be conducted for eighteen (18) months following the date of the vote.

As added by P.L.109-1995, SEC.3. Amended by P.L.42-2005, SEC.1; P.L.213-2014, SEC.4.
Ind. Code § 8-25-5-10 — Indiana Code / Title 8 / Article 25 / Chapter 5 / Section 8-25-5-10
Bonds as negotiable instruments; registration
Status: in_force

Sec. 10. The bonds are negotiable instruments, subject only to the provisions of the bonds relating to registration.

As added by P.L.153-2014, SEC.17.
Ind. Code § 8-22-3.5-9.8 — Indiana Code / Title 8 / Article 22 / Chapter 3.5 / Section 8-22-3.5-9.8
Authorization to enter into agreement with a taxpayer for waiver of review of an assessment of property taxes; agreement to pay taxes for portion of outstanding bonds
Status: in_force

Sec. 9.8. (a) A commission may enter into a written agreement with a taxpayer who owns, or is otherwise obligated to pay property taxes on, tangible property that is or will be located in an allocation area established under this chapter in which the taxpayer waives review of any assessment of the taxpayer's tangible property that is located in the allocation area for an assessment date that occurs during the term of any specified bond or lease obligations that are payable from property taxes in accordance with an allocation provision for the allocation area and any applicable statute, ordinance, or resolution. An agreement described in this section may precede the establishment of the allocation area or the determination to issue bonds or enter into leases payable from the allocated property taxes.

(b) The original owner of each nonowner occupied residential property subject to the two percent (2%) tax cap, that is located in the tax increment financing area and is excluded from the base assessed value, shall upon completion of construction enter into a written agreement with the commission indicating the owner shall be obligated to pay the property tax for the portion of outstanding bonds in the tax increment financing district attributable to the property until the term length of the original outstanding bond is retired. The written agreement with the commission shall be considered a lien on the property and shall be included as part of the residential real estate sales disclosure under IC 32-21-5. If the property is subsequently sold as a homestead property and becomes subject to the one percent (1%) tax cap, the new owner shall be responsible for the lien on the property attributable to the written agreement with the commission, and the new homestead property owner shall be obligated to fulfill the terms of the written agreement including the payment of the property tax liability included in the agreement. This subsection does not apply to multi-family apartments.

As added by P.L.249-2015, SEC.23. Amended by P.L.157-2026, SEC.203.
Ind. Code § 8-1-32.4-17 — Indiana Code / Title 8 / Article 1 / Chapter 32.4 / Section 8-1-32.4-17
Relief from provider of last resort obligation; notice by incumbent local exchange carrier; presence of two ETC eligible providers required before July 1, 2014; obligations under federal law not affected; "ETC eligible communications service provider"
Status: in_force

Sec. 17. (a) Subject to subsection (b), upon notice to the commission by an incumbent local exchange carrier that is the provider of last resort in one (1) or more parts of the incumbent local exchange carrier's service area, the incumbent local exchange carrier is relieved of its obligation as the provider of last resort in any part of the incumbent local exchange carrier's service area in which there are at least two (2) ETC eligible communications service providers, one (1) of which may be the incumbent local exchange carrier, offering a voice service through any technology or medium, including any of the following:

(1) Wire communication (as defined in 47 U.S.C. 153).

(2) Internet Protocol enabled services.

(3) Commercial mobile service (as defined in 47 U.S.C. 332).

(b) After June 30, 2014, upon notice to the commission by an incumbent local exchange carrier that is the provider of last resort in one (1) or more parts of the incumbent local exchange carrier's service area, the incumbent local exchange carrier is relieved of its provider of last resort obligation with respect to any part of its service area identified in the incumbent local exchange carrier's notice to the commission under this subsection.

(c) Relief from a provider of last resort obligation under this chapter does not affect an incumbent local exchange carrier's obligations under federal law.

(d) As used in this section, "ETC eligible communications service provider" means a communications service provider that provides, using any available technology or medium, the voice telephony services described in 47 CFR 54.101, regardless of whether the communications service provider has been designated as an eligible telecommunications carrier.

As added by P.L.8-2012, SEC.9.
Ind. Code § 8-23-9.5-8 — Indiana Code / Title 8 / Article 23 / Chapter 9.5 / Section 8-23-9.5-8
"Preconstruction services"
Status: in_force

Sec. 8. As used in this chapter, "preconstruction services" means consulting to provide information regarding the impact of design on the construction services of a project, including:

(1) scheduling;

(2) work sequencing;

(3) cost engineering;

(4) constructability;

(5) cost estimates; and

(6) risk identification.

As added by P.L.60-2023, SEC.2.
Ind. Code § 8-1-13-6 — Indiana Code / Title 8 / Article 1 / Chapter 13 / Section 8-1-13-6
Board of directors
Status: in_force

Sec. 6. (a) Each corporation formed under this chapter shall have a board of directors that constitutes the governing body of the corporation. The directors must be members, or if the 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 corporation. Directors other than those named in the corporation's articles of incorporation shall be elected by the members entitled to vote for the directors. Unless the bylaws of the corporation provide otherwise, the directors shall be elected annually. The bylaws may provide that:

(1) the directors may hold office for any stated period not exceeding three (3) years;

(2) the directors be elected so that the terms of only part of the directors expire at any one time; and

(3) only enough directors to succeed those whose terms are about to expire are elected in any year.

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

(c) 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 and provide that the remuneration be paid to the officers, directors, and members of the executive committee. The officers, directors, and members of the executive committee are entitled to reimbursement for expenses incurred in the performance of their duties whether or not the bylaws provide that they be remunerated for their time spent in the performance of those duties. The board shall annually designate and elect those officers it considers necessary.

Formerly: Acts 1935, c.175, s.6; Acts 1939, c.105, s.1. As amended by P.L.109-1989, SEC.1; P.L.198-1999, SEC.2.
Ind. Code § 8-20-1-18 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-18
Repealed
Status: repealed

Formerly: Acts 1905, c.167, s.18. Repealed by P.L.86-1988, SEC.227.
Ind. Code § 8-4.5-1-15 — Indiana Code / Title 8 / Article 4.5 / Chapter 1 / Section 8-4.5-1-15
"Public utility"
Status: in_force

Sec. 15. "Public utility" has the meaning set forth in IC 8-1-8.5-1.

As added by P.L.40-1995, SEC.3.
Ind. Code § 8-3-1-20 — Indiana Code / Title 8 / Article 3 / Chapter 1 / Section 8-3-1-20
Right of action for penalty or forfeiture, release, or waiver
Status: in_force

Sec. 20. This chapter does not release or waive any right of action by the state or any person for any right, penalty, or forfeiture which may arise under any law of this state. All penalties accruing under this chapter shall be cumulative of each other, and a suit for or recovery of one (1) shall not be a bar to the recovery of any other penalty.

Formerly: Acts 1905, c.53, s.22. As amended by P.L.62-1984, SEC.12; P.L.384-1987(ss), SEC.28.
Ind. Code § 8-23-30-1 — Indiana Code / Title 8 / Article 23 / Chapter 30 / Section 8-23-30-1
Definitions
Status: in_force

Sec. 1. (a) As used in this chapter, "eligible project" means either of the following:

(1) A project:

(A) that is undertaken by a local unit;

(B) that repairs or increases the capacity of local roads and bridges; and

(C) that is part of the local unit's transportation asset management plan.

(2) A project that:

(A) is undertaken by a local unit; and

(B) reduces the risk to human life from low water crossings.

(b) As used in this chapter, "enhanced asset management plan" refers to a data driven asset management plan adopted by a local unit that:

(1) is designed to maximize the lifecycle performance and cost effective management of the entire network of transportation assets for which the local unit is responsible;

(2) inventories all streets or road segments within the local unit's transportation network, including sufficient detail to support network-level and segment-level analysis;

(3) includes objective, repeatable condition assessments for each street or road segment using the Pavement Surface Evaluation and Rating (PASER) system or another pavement condition rating methodology approved by the department;

(4) incorporates measures of roadway deterioration, roughness, surface distress, or other physical characteristics approved by the department relevant to pavement performance and remaining service life;

(5) concatenates geospatial data with the asset condition or rating data of each street or segment;

(6) is used by the local unit to prioritize maintenance, preservation, rehabilitation, and reconstruction activities in a manner intended to extend asset service life and minimize long term lifecycle costs across the entire transportation network;

(7) is updated at intervals established by the department to ensure the ongoing accuracy and usefulness of the data for lifecycle management purposes, but not less than once every year; and

(8) makes the concatenated geospatial data and asset condition or rating data available for access and display on both the local unit's website, and the website maintained by the local technical assistance program.

(c) As used in this chapter, "fund" refers to the local road and bridge matching grant fund established by section 2 of this chapter.

(d) As used in this chapter, "local unit" means a county or municipality.

(e) As used in this chapter, "low water crossing" means a public road waterway crossing:

(1) other than a bridge where construction improvements have been made in the stream, river, or lake bed to provide a firm surface for vehicles to travel across the water course; and

(2) that is designed and constructed to be passable to traffic most of the year during periods of ordinary stream flow but is impassable to traffic during periods of high water.

(f) As used in this chapter, "transportation asset management plan" includes planning for drainage systems and rights-of-way that affect transportation assets.

(g) As used in this chapter, "wheel tax" means the tax imposed in an ordinance adopted under:

(1) IC 6-3.5-5, in the case of a county; and

(2) IC 6-3.5-11, in the case of a municipality.

As added by P.L.146-2016, SEC.16. Amended by P.L.173-2025, SEC.26; P.L.147-2026, SEC.10.
Ind. Code § 8-23-2-6.5 — Indiana Code / Title 8 / Article 23 / Chapter 2 / Section 8-23-2-6.5
Abandonment of facility constructed or installed in right-of-way
Status: in_force

Sec. 6.5. The department may require a private entity to agree, as a condition of the department leasing a right-of-way to the private entity, that facilities constructed or installed by the private entity in or under the right-of-way, which if removed would:

(1) cause irreparable soil disturbance; or

(2) have a detrimental effect on the department's facilities or on the facilities of other utilities co-located in the right-of-way;

will be considered abandoned without additional consideration upon notice to the department. The private entity shall notify in writing the department of any abandonment not later than sixty (60) days after abandonment. Upon being abandoned under this section, a facility may no longer be used for any purpose by any public or private entity.

As added by P.L.121-2021, SEC.7.
Ind. Code § 8-2.1-17-11.2 — Indiana Code / Title 8 / Article 2.1 / Chapter 17 / Section 8-2.1-17-11.2
"Motor vehicle insurance"
Status: in_force

Sec. 11.2. "Motor vehicle insurance" means any type of insurance described in IC 27-1-5-1, Class 2(f).

As added by P.L.175-2015, SEC.2.
Ind. Code § 8-23-28-7 — Indiana Code / Title 8 / Article 23 / Chapter 28 / Section 8-23-28-7
Assistance from the office of community and rural affairs
Status: in_force

Sec. 7. The office of community and rural affairs established by IC 4-4-9.7-4, with the assistance of the corporation and the department, shall assist the local governments having jurisdiction over the territory within the River Ridge Commerce Corridor in developing local zoning and planning standards for the corridor that balance public safety, economic development, the environment, quality of life concerns, the enhancement of rail transportation within the corridor, and interstate travel needs.

As added by P.L.88-2011, SEC.1.
Ind. Code § 8-2.1-19-2 — Indiana Code / Title 8 / Article 2.1 / Chapter 19 / Section 8-2.1-19-2
Contents of instrument
Status: in_force

Sec. 2. The instrument must certify that the owner of such motor bus, truck, tractor, trailer, or semitrailer has complied with the law and the rules of the department concerning permits and certificates of convenience and necessity and the use of motor vehicles.

As added by P.L.99-1989, SEC.10.
Ind. Code § 8-23-5-7 — Indiana Code / Title 8 / Article 23 / Chapter 5 / Section 8-23-5-7
Construction and maintenance of roadside parks and connecting highways
Status: in_force

Sec. 7. (a) As part of the state highway system, the department may lay out, construct, and maintain roadside parks and highways that connect a state highway with a state park, state forest reserve, state game preserve, or a state institution. A connecting highway constructed under this subsection shall be constructed in the same manner as a state highway.

(b) Before a roadside park or connecting highway described in subsection (a) may be constructed within the boundaries of a state institution, park, reserve or preserve, the board of trustees of the state institution, park, reserve, or preserve must adopt a resolution approving the construction.

(c) The department may cooperate with a county highway authority having jurisdiction over a county highway that connects a state park, state forest reserve, state game preserve, or state recreation area with a state highway. The department shall undertake construction and maintenance responsibilities under this subsection upon the request of the department of natural resources if the request is approved by the governor.

(d) Expenditures incurred by the department in carrying out this section shall be made from the motor vehicle highway account before distribution to local units of government. Before an expenditure may be made under this subsection, an appropriation authorizing the expenditure must be made.

As added by P.L.18-1990, SEC.214.
Ind. Code § 8-1-42-15 — Indiana Code / Title 8 / Article 1 / Chapter 42 / Section 8-1-42-15
Signal interference
Status: in_force

Sec. 15. Except as otherwise allowed by IC 36-7-4-1109, a CSE system 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.2.
Ind. Code § 8-1-8.4-1 — Indiana Code / Title 8 / Article 1 / Chapter 8.4 / Section 8-1-8.4-1
"Certificate"
Status: in_force

Sec. 1. As used in this chapter, "certificate" refers to a certificate of public convenience and necessity issued by the commission under section 7(b) of this chapter.

As added by P.L.150-2011, SEC.1.
Ind. Code § 8-2-15-5 — Indiana Code / Title 8 / Article 2 / Chapter 15 / Section 8-2-15-5
Mutual rights; landowners on both sides of stream
Status: in_force

Sec. 5. The person owning or possessing lands on both sides of any stream where a ferry is proposed to be established shall have the exclusive right of a license for a ferry at such place; and when the opposite banks are owned by different persons, the right to the ferry shall be mutual; but if the owner does not apply, the board shall grant a license to any person applying for the same; except where either of the landings is not on a public highway, the consent of the owner of the ground shall first be had in writing.

Formerly: Acts 1881(ss), c.52, s.5.
Ind. Code § 8-10-1-18 — Indiana Code / Title 8 / Article 10 / Chapter 1 / Section 8-10-1-18
Disposition of revenues
Status: in_force

Sec. 18. All money received pursuant to the authority of this chapter, whether as proceeds from the sale of bonds, from revenues, or otherwise, shall be deemed to be trust funds to be held and applied solely as provided in this chapter, but prior to the time when needed for use may be invested to the extent and in the manner provided by IC 5-13-10.5, insofar as applicable. Such funds shall be kept in depositories designated as depositories for funds of the state as selected by the ports of Indiana, in the manner provided by the governing statutes in so far as applicable. The resolution of the commission authorizing the issuance of bonds or the trust agreement securing such bonds shall provide that any officer to whom, or any bank or trust company to which, such money shall be entrusted, shall act as trustee of such money and shall hold and apply the same for the purposes hereof, subject to the provisions of this chapter and of the authorizing resolution or trust agreement.

Formerly: Acts 1961, c.11, s.18. As amended by P.L.66-1984, SEC.7; P.L.19-1987, SEC.24; P.L.18-1996, SEC.28; P.L.98-2008, SEC.28.
Ind. Code § 8-23-8-10 — Indiana Code / Title 8 / Article 23 / Chapter 8 / Section 8-23-8-10
State Road 331 in St. Joseph County
Status: in_force

Sec. 10. (a) As used in this section, "designated highway" refers to the highway designated as a limited access facility under subsection (b).

(b) The department shall designate and do all acts necessary to establish the part of State Road 331 in St. Joseph County from the U.S. Highway 20 bypass to State Road 23 as a limited access facility. The designated highway shall be in operation as a limited access facility beginning not later than January 1, 2009.

(c) Neither the department nor any political subdivision may authorize any additional curb cuts or intersections after January 1, 2009, on the designated highway. The department shall limit intersections on the designated highway to the following locations:

(1) U.S. Highway 20 bypass.

(2) Ireland Road.

(3) Dragoon Trail.

(4) Twelfth Street (also known as Harrison Road).

(5) Indiana 933 (also known as Lincoln Way).

(6) Jefferson Boulevard.

(7) McKinley Highway.

(8) Day Road.

(9) Douglas Road.

(10) Cleveland Road.

(11) The Indiana Toll Road interchange and the street or road directly across from the Indiana Toll Road Interchange.

(12) State Road 23.

(d) No traffic signal may be erected at the intersection described in subsection (c)(2).

As added by P.L.182-2009(ss), SEC.279. As amended by P.L.69-2010, SEC.1; P.L.205-2013, SEC.166.
Ind. Code § 8-16-1-6 — Indiana Code / Title 8 / Article 16 / Chapter 1 / Section 8-16-1-6
Authority to purchase land or structures
Status: in_force

Sec. 6. The authority is authorized to purchase in the state of Indiana and in any adjoining state, solely from funds provided under the authority of this chapter, such lands, structures, rights-of-way, franchises, easements, or other interests in lands, including lands under water, riparian rights of any person, railroad, or other public or private corporations or municipality, necessary for the building or acquiring, by purchase or otherwise, of said bridges and approaches thereto upon such terms, prices, or consideration as may be considered by it to be reasonable, and can be agreed upon between it and the owner or owners, title thereto to be taken in the name of the state of Indiana.

Formerly: Acts 1939, c.79, s.6. As amended by Acts 1980, P.L.74, SEC.264; P.L.109-1983, SEC.35.
Ind. Code § 8-23-32-18 — Indiana Code / Title 8 / Article 23 / Chapter 32 / Section 8-23-32-18
Infractions; civil penalties
Status: in_force

Sec. 18. (a) This section does not apply to a person who has been charged with an infraction for a violation of IC 9-21-5-11.

(b) The department shall assess a civil penalty against a person who exceeds a worksite speed limit if the worksite speed control system indicates that the operator of a motor vehicle has exceeded the worksite speed limit by at least eleven (11) miles per hour.

(c) A person who exceeds a worksite speed limit that is detected under this chapter is subject to the following civil penalties:

(1) A written warning for the first violation.

(2) A civil penalty of seventy-five dollars ($75) for the second violation.

(3) A civil penalty of one hundred fifty dollars ($150) for the third and each subsequent violation.

(d) A civil penalty collected under this section shall be deposited in the state general fund.

(e) A person assessed a civil penalty under this section is not liable for an infraction for a violation of IC 9-21-5-11.

As added by P.L.120-2023, SEC.2.
Ind. Code § 8-4-7-6 — Indiana Code / Title 8 / Article 4 / Chapter 7 / Section 8-4-7-6
Belt railroad; operation
Status: in_force

Sec. 6. Any such union railway company may, as owner or lessee thereof, operate any belt railroad extending around, or partly around, the town or city in or near which such union railway may be situated, the track of which belt road connects with the track of said union railway company, or with the track of any of its proprietary companies, to the end that such town or city may be relieved, as far as practicable, of the passage through it of through freight cars and through freight trains.

Formerly: Acts 1885, c.20, s.6.
Ind. Code § 8-16-2-2 — Indiana Code / Title 8 / Article 16 / Chapter 2 / Section 8-16-2-2
Federal consent to construct bridge
Status: in_force

Sec. 2. Any such bridge may be so constructed across and over any such river or other stream at any point determined upon and designated by the department, but only with the consent and approval of and subject to the regulations of the proper authorities of the United States having jurisdiction in such matters, whenever such jurisdiction of the United States exists, and with the consent and approval of the proper authorities of such adjoining state or of the United States; and express authority is hereby conferred upon the department to build any necessary part of any such bridge, including the approaches thereto as a part thereof, within the territorial limits of any such adjoining state and for that purpose to utilize any location or right of way provided by such adjoining state, within its boundaries, if such location and right of way be so provided; and if the United States or such adjoining state, or any duly constituted agency of either, shall acquire the necessary personal and real property and easements in real property situate in such adjoining state and suitable for use in the proper, effective and convenient location, construction and operation of such bridge, then and in that event the department is hereby authorized and empowered to take over and acquire, by contract or agreement, and make use of such personal and real property and easements in real property so situate in such adjoining state for the necessary purposes of the effective and convenient location, construction and operation of such bridge, and if unable to procure the necessary personal and real property and easements in real estate in such adjoining state by contract or agreement, after reasonable effort in that direction, then the department shall have the right and it is hereby authorized to take, in the name and on behalf of the state of Indiana, such proceedings for condemnation of such necessary personal and real property and easements in real property in such adjoining state as may be permitted or provided for by the laws of such adjoining state or by the laws of the United States.

Formerly: Acts 1927, c.10, s.2. As amended by Acts 1980, P.L.74, SEC.280.
Ind. Code § 8-21-12-12 — Indiana Code / Title 8 / Article 21 / Chapter 12 / Section 8-21-12-12
Recovery of damages
Status: in_force

Sec. 12. The authority may take action to recover damages for the breach of an agreement, expressed or implied, relating to the operation, control, leasing, management, or improvement of the property under the authority's control, to impose the penalties for the violation of resolutions or of the authority's rules or regulations, and for injury to the personal or real property under the authority's control, and to recover possession of any such property.

As added by P.L.28-1991, SEC.2.
Ind. Code § 8-1.5-2-9 — Indiana Code / Title 8 / Article 1.5 / Chapter 2 / Section 8-1.5-2-9
Appropriation for preliminary expenses; repayment
Status: in_force

Sec. 9. If the municipal legislative body proceeds to construct or acquire the utility, there must be included in the total amount of money to be raised by the issuance of bonds in connection with the construction or acquisition of the utility the amount of the expenditures that will be repaid to the general fund of the municipality from the money derived from the issuance and sale of the bonds.

As added by Acts 1982, P.L.74, SEC.1.
Ind. Code § 8-23-9-22 — Indiana Code / Title 8 / Article 23 / Chapter 9 / Section 8-23-9-22
Hourly wage rates
Status: in_force

Sec. 22. A bid submitted for the construction or betterment of a state highway must contain a statement stipulating the hourly rate for laborers. The hourly rate may not be lower than the hourly rate paid for common labor by the department. The hourly rate in the bid becomes a part of the contract.

As added by P.L.18-1990, SEC.218.
Ind. Code § 8-1-2.3-5 — Indiana Code / Title 8 / Article 1 / Chapter 2.3 / Section 8-1-2.3-5
Effect of incorporation, annexation, consolidation, or merger
Status: in_force

Sec. 5. Effect of Incorporation, Annexation, Consolidation or Merger. After January 1, 1979, the inclusion by incorporation, annexation, consolidation, or merger of any part of the assigned service area of an electricity supplier does not impair or affect the rights of an electricity supplier to continue to solely furnish and extend retail electric service throughout any part of its assigned service area, except as provided in section 6 of this chapter.

As added by Acts 1980, P.L.69, SEC.1.
Ind. Code § 8-4.5-5-13 — Indiana Code / Title 8 / Article 4.5 / Chapter 5 / Section 8-4.5-5-13
Funding by board
Status: in_force

Sec. 13. (a) The board may approve, modify, or deny an application for funds.

(b) The board may fund all or part of a project.

(c) The board may condition funding upon the applicant's adherence to a time schedule or to fulfillment of an agreement.

As added by P.L.40-1995, SEC.3.
Ind. Code § 8-23-9-12 — Indiana Code / Title 8 / Article 23 / Chapter 9 / Section 8-23-9-12
Performance bond form
Status: in_force

Sec. 12. The bond provided in this section must be in substantially the following form:

"KNOW ALL PERSONS BY THESE PRESENTS, THAT ___________________ as principal and ___________________ as surety, are firmly bound unto the state of Indiana in the penal sum of an amount equal to ____ percent of the principal's bid or the contract price, if the proposal is accepted for the payment of which, well and truly to be made, we bind ourselves, jointly and severally, and our joint and several heirs, executors, administrators, and assigns, firmly by these presents, this ____ day of _________, ____.

"THE CONDITIONS OF THE ABOVE OBLIGATIONS ARE SUCH That, Whereas, the principal is herewith submitting a bid and proposal for the erection, construction, and completion of ____________________ in accordance with the plans and specifications approved and adopted by the department, which are made a part of this bond:

"NOW, THEREFORE, if the department shall award the principal the contract for work and the principal shall promptly enter into a contract with the department in the name of the state of Indiana for the work and shall well and faithfully do and perform the same in all respects according to the plans and specifications adopted by the department, and according to the time, terms, and conditions specified in the contract to be entered into, and in accordance with all requirements of law, and shall promptly pay all debts incurred by the principal or any subcontractor in the construction of the work, including labor, service, and materials furnished, then this obligation shall be void; otherwise to remain in full force, virtue, and effect.

"IT IS AGREED that no modifications, omissions, or additions in or to the terms of such contract or in or to the plans or specifications therefor shall in any wise affect the obligation of such sureties on its bond.

"IN WITNESS WHEREOF, we hereunto set our hands and seals this ___ day of _________, 20__.".

As added by P.L.18-1990, SEC.218. Amended by P.L.2-2005, SEC.29.
Ind. Code § 8-22-2-14 — Indiana Code / Title 8 / Article 22 / Chapter 2 / Section 8-22-2-14
Joint activities; joint board of aviation commissioners
Status: in_force

Sec. 14. Eligible entities may jointly acquire, construct, develop, improve, equip, or extend airports or property to be used for aviation purposes and maintain, operate, manage, and control it and levy and collect taxes for this purpose. Two (2) or more entities may cooperate for this purpose by contributing to the total cost and sharing the benefits and bearing the obligations accruing from it on terms that they agree upon and evidence by contract. The joint activity is subject to the same provisions and requirements provided for such activity if carried on by any one (1) of the entities individually, except that the joint board of aviation commissioners may be composed of more than four (4) but not more than seven (7) members and the maximum allowance may be increased correspondingly. In case of failure of agreement between two (2) or more entities upon petition filed by one (1) or more of the entities involved, the aeronautics commission of Indiana, after investigation and hearing, shall determine and prescribe reasonable and equitable participation including representation on the joint governing board and shall prescribe other rules and regulations as necessary.

[Pre-Local Government Recodification Citation: 19-6-1-15.]

As added by Acts 1980, P.L.8, SEC.73.
Ind. Code § 8-3-13-1 — Indiana Code / Title 8 / Article 3 / Chapter 13 / Section 8-3-13-1
Authority to build and operate
Status: in_force

Sec. 1. Any railroad company organized under the laws of this state is hereby authorized to build and operate, in addition to the main line authorized by its charter or articles of association, branch railroads from any point or points on its main line, to or through any adjacent mineral lands, containing coal, iron or building stone, not, however, exceeding in distance fifty (50) miles from the nearest point on said main line: Provided, however, That no railroad company shall build any such branch railroad if the owners of one-third its stock object thereto.

Formerly: Acts 1865(ss), c.22, s.1; Acts 1869(ss), c.47, s.1; Acts 1889, c.63, s.1.
Ind. Code § 8-2.1-22-21 — Indiana Code / Title 8 / Article 2.1 / Chapter 22 / Section 8-2.1-22-21
Reasonableness of rates and charges; considerations
Status: in_force

Sec. 21. (a) In the exercise of its power to prescribe just and reasonable rates, fares, and charges for the transportation of passengers or household goods by common carriers by motor vehicle, and related classifications, regulations, and practices, the department shall give due consideration, among other factors, to:

(1) the inherent advantages of transportation by those carriers;

(2) the effect of rates upon the movement of traffic by the carrier or carriers for which the rates are prescribed;

(3) the need, in the public interest, of adequate and efficient transportation service by such carriers at the lowest cost consistent with the furnishing of service; and

(4) the need of revenues sufficient to enable such carriers under honest, economical, and efficient management to provide service.

(b) In determining the reasonableness of fares, rates, and charges of motor carriers of passengers or household goods, the department shall determine that the revenue is sufficient to cover the cost (including all operating expenses, depreciation accruals, rents, and taxes of every kind) of providing adequate transportation service and reasonable profit to the carrier. The relation of carrier expenses to carrier revenues may be considered the proper test of a reasonable profit.

As added by P.L.99-1989, SEC.13. Amended by P.L.110-1995, SEC.17.
Ind. Code § 8-1-17-3 — Indiana Code / Title 8 / Article 1 / Chapter 17 / Section 8-1-17-3
Definitions
Status: in_force

Sec. 3. As used in this chapter, the following terms have the following meanings unless a different meaning clearly appears from the context:

(1) "Acquire" means to obtain by construction, purchase, lease, devise, gift, eminent domain, or by any other lawful means.

(2) "Board" means the board of directors of a cooperative corporation.

(3) "Communications facilities" includes all buildings, plants, works, structures, improvements, fixtures, apparatus, materials, supplies, machinery, tools, implements, poles, posts, crossarms, conduits, ducts, underground or overhead lines, wires, cables, fibers, exchanges, switches, desks, testboards, frames, racks, motors, generators, batteries, and other items of central office equipment, paystations, protectors, instruments, connections, and appliances, office furniture and equipment, work equipment, and all other property used in connection with the provision of communications services.

(4) "Communications service":

(A) has the meaning set forth in IC 8-1-32.5-3; and

(B) includes all facilities or systems used in the rendition of the service.

(5) "Cooperative corporation" means a corporation formed under this chapter.

(6) "Facilities based local exchange carrier" has the meaning set forth in IC 8-1-32.4-5.

(7) "General cooperative corporation" means a cooperative corporation formed to render services to local cooperative corporations.

(8) "Improve" includes construct, reconstruct, extend, enlarge, alter, better, or repair.

(9) "Local cooperative corporation" means a cooperative corporation formed to render communications services within Indiana.

(10) "Local exchange service" has the meaning set forth in IC 8-1-32.4-8.

(11) "Member" includes each individual signing the articles of incorporation of a cooperative corporation and each person admitted to membership of the cooperative corporation under law and the corporation's bylaws.

(12) "Obligations" includes negotiable bonds, notes, debentures, interim certificates or receipts, and other evidences of indebtedness, either issued or the payment of which is assumed by a cooperative corporation.

(13) "Person" or "inhabitant" includes an individual, a firm, an association, a corporation, a limited liability company, a business trust, and a partnership.

(14) "Service" or "services", when not accompanied by the word "communications", means construction, engineering, financial, accounting, or educational services incidental to communications service.

(15) "System" includes any plant, works, system, facilities, or properties, together with all parts of and appurtenances to the plant, works, system, facilities, or properties, used or useful in communications service.

Formerly: Acts 1951, c.193, s.3. As amended by P.L.59-1984, SEC.74; P.L.23-1988, SEC.56; P.L.97-1993, SEC.1; P.L.8-1993, SEC.127; P.L.27-2006, SEC.41; P.L.7-2015, SEC.11; P.L.49-2018, SEC.3; P.L.81-2020, SEC.7.
Ind. Code § 8-15-3-19 — Indiana Code / Title 8 / Article 15 / Chapter 3 / Section 8-15-3-19
Grants; aid; contributions
Status: in_force

Sec. 19. The department may receive and accept in any combination from any federal, state, or local agency, subject to IC 8-23-3, loan proceeds, proceeds from lines of credit, proceeds from credit guarantees, and grants for or in aid of the planning, design, construction, financing, repair, rehabilitation, expansion, improvement, operation, or maintenance of all or part of any tollway, and receive and accept aid or contributions from any source of either money, property, labor, or other things of value, to be held, used, and applied only for the purposes for which those loan proceeds, proceeds from lines of credit, proceeds from credit guarantees, grants, or contributions are made. The department may distribute any part of loan proceeds, proceeds from lines of credit, proceeds from credit guarantees, and grants received under this section to an operator as permitted by the terms of the loan, line of credit, credit guarantee, or grant. The department, the authority, or an operator, as required by a public-private agreement, shall repay any loan, line of credit, credit guarantee, or grant from a federal, state, or local agency, if a repayment is necessary to free the department from restrictions that the department determines to be in the public interest to remove.

As added by P.L.386-1987(ss), SEC.13. Amended by P.L.47-2006, SEC.29.
Ind. Code § 8-14-15.1-8 — Indiana Code / Title 8 / Article 14 / Chapter 15.1 / Section 8-14-15.1-8
Investment policy requirements
Status: in_force

Sec. 8. (a) The board shall adopt an investment policy that includes all the following:

(1) Money in the trust may be invested in investments that:

(A) maximize risk appropriate returns, which may include the purchase of equity or debt securities;

(B) make significant investments in Indiana funds and companies; and

(C) have such other investment parameters and procedures as the board determines are prudent to ensure that investments are consistent with this chapter.

(2) Money in the trust shall be invested in investments that, consistent with the other terms and objectives in the investment policy, give preference to Indiana companies or Indiana venture capital firms.

(3) Not more than twenty-five million dollars ($25,000,000) may be invested in any one (1) particular investment fund or investment firm.

(4) Such other investment parameters and procedures as the board determines are prudent to ensure that investments are consistent with this chapter.

(b) The investment policy adopted by the board must give adequate time to change current investments in a prudent manner.

(c) The board may contract with investment management professionals, investment advisers, and legal counsel to assist in the investment of the fund and may pay the expenses incurred under those contracts from the fund.

(d) The board has the powers, duties, restrictions, limitations, and penalties in connection with the board's and the treasurer of state's investment and management of the assets of trust as if the following provisions pertaining to the public pension and retirement funds made reference to the trust and the board:

(1) IC 5-10.2-2-2.5.

(2) IC 5-10.2-2-13.

(3) IC 5-10.3-5-3.

(4) IC 5-10.3-5-4.

(5) IC 5-10.3-5-5.

(6) IC 5-10.3-5-6.

(7) IC 5-10.4-3-10.

(8) IC 5-10.4-3-12.

(9) IC 5-10.4-3-13.

(10) IC 5-10.4-3-14.

(11) IC 5-10.4-3-15.

(12) IC 5-10.4-3-16.

(e) Compliance with the established investment policy is definitive evidence of compliance with the applicable investment standards in subsection (d).

As added by P.L.217-2017, SEC.69. Amended by P.L.189-2018, SEC.78; P.L.201-2023, SEC.113.
Ind. Code § 8-23-9-41 — Indiana Code / Title 8 / Article 23 / Chapter 9 / Section 8-23-9-41
Railroad crossings; separation of grades; rights, powers, and duties of parties involved
Status: in_force

Sec. 41. Upon the filing of a petition under section 40 of this chapter, the utility regulatory commission has and shall exercise all of the powers and authority conferred upon it by IC 8-6-1. A railroad, interurban street railroad, or suburban street railroad whose tracks are involved in a crossing has all the rights conferred by and is subject to all the duties imposed by IC 8-6-1.

As added by P.L.18-1990, SEC.218.
Ind. Code § 8-23-18-2 — Indiana Code / Title 8 / Article 23 / Chapter 18 / Section 8-23-18-2
Use of eminent domain
Status: in_force

Sec. 2. Whenever the department is unable to agree with an owner of real property or a right described in section 1 of this chapter upon the damages sustained by the owner or upon the purchase price of the real property in fee or the right, interest, or easement sought to be acquired, 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 or right.

As added by P.L.18-1990, SEC.227.
Ind. Code § 8-21-3-20 — Indiana Code / Title 8 / Article 21 / Chapter 3 / Section 8-21-3-20
Violations; penalties
Status: in_force

Sec. 20. A person who fails to submit an accident report to the department or to a damaged or injured party or a damaged or injured party's representative as provided in section 3 of this chapter commits a Class C infraction.

Formerly: Acts 1951, c.267, s.20. As amended by Acts 1978, P.L.2, SEC.860; Acts 1980, P.L.74, SEC.332; P.L.50-2024, SEC.10.
Ind. Code § 8-2.1-17-19 — Indiana Code / Title 8 / Article 2.1 / Chapter 17 / Section 8-2.1-17-19
"TNC driver"
Status: in_force

Sec. 19. "TNC driver" means an individual who:

(1) receives:

(A) connections to potential TNC riders; and

(B) related services;

from a TNC in exchange for payment of a fee to the TNC; and

(2) uses a personal vehicle to offer or provide prearranged rides to TNC riders:

(A) upon connection through a digital network controlled by the TNC; and

(B) in exchange for compensation or payment of a fee.

As added by P.L.175-2015, SEC.7.
Ind. Code § 8-1-2-95.1 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-95.1
Electric utilities; eminent domain against electric utility property prohibited
Status: in_force

Sec. 95.1. Notwithstanding any other provision of this chapter, after February 29, 1980, a municipality, public utility, or corporation organized under IC 8-1-13 may not bring any action in the circuit or superior court of any county against any corporation organized under IC 8-1-13 or any public utility as defendant for the condemnation of its electric utility property for the use of the property in providing electric utility service.

As added by Acts 1980, P.L.69, SEC.2.
Ind. Code § 8-23-26-4 — Indiana Code / Title 8 / Article 23 / Chapter 26 / Section 8-23-26-4
Appeal of order
Status: in_force

Sec. 4. A utility that receives notice of an order under section 3 of this chapter may appeal the order under IC 4-21.5-3 for the following reasons:

(1) The utility disputes the necessity of the relocation.

(2) The utility determines that the utility cannot relocate the utility's facilities for any reason.

As added by P.L.63-1992, SEC.4.
Ind. Code § 8-2-18-1 — Indiana Code / Title 8 / Article 2 / Chapter 18 / Section 8-2-18-1
Statements to patrons; offenses; civil damages
Status: in_force

Sec. 1. (a) Every common carrier doing intrastate business within Indiana shall, within a reasonable time, give a written statement of the rate applicable to a described shipment between stated points in Indiana under the schedules or tariffs of the carrier, upon written request by a person who is a bona fide prospective shipper or receiver of freight, or who has a bona fide interest therein, made upon a general or local freight or station agent of the carrier.

(b) If a carrier refuses or omits to give a statement under subsection (a) within a reasonable time, or misstates in writing the applicable rate, and the person, firm, limited liability company, or corporation making the request suffers harm in consequence of the refusal, omission, or misstatement of the rate, either through making the shipment over a line or route for which the proper rate is higher than the rate over another available line or route or through entering into a sale, purchase, or contract by which the person, firm, limited liability company, or corporation is or becomes obligated to make or receive a shipment of freight, the carrier is liable to a penalty of not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250), which accrues to the state.

(c) The fine under subsection (b) may be recovered, together with reasonable attorney's fees, in a civil action by the Indiana department of transportation.

(d) In addition to being liable to the Indiana department of transportation, a carrier is liable to the person, firm, limited liability company, or corporation injured for the amount of the injury, together with six percent (6%) interest from the date of the injury and reasonable attorney's fees.

(e) Liability under this section is not discharged by the carrier unless the discharge is approved by the Indiana department of transportation as being free from any attempt or purpose to evade a law of this state.

(f) If during the course of any action upon the liability to the person injured it appears to the satisfaction of the court or jury trying the cause that the parties have combined or agreed to obtain or allow any undue advantage or rebate or preference to the injured person, upon a finding to that effect, the cause shall be dismissed and the dismissal and finding reported by the court to the Indiana department of transportation and to the proper prosecuting attorney having jurisdiction.

Formerly: Acts 1911, c.184, s.1. As amended by P.L.59-1984, SEC.114; P.L.384-1987(ss), SEC.9; P.L.18-1990, SEC.30; P.L.8-1993, SEC.133.
Ind. Code § 8-1-2-19 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-19
Depreciation account; calculation of depreciation rates; inclusion of depreciation and asset retirement costs in utility rates
Status: in_force

Sec. 19. (a) Every public utility shall carry a separate, proper and adequate depreciation account whenever the commission, after investigation, shall determine that such depreciation account reasonably can be required.

(b) The commission, from time to time, shall ascertain and determine the proper and adequate rates of depreciation of the several classes of property of each public utility. Depreciation rates under this subsection shall be calculated to recover a reasonable estimate of the future cost of removing retired assets of the public utility.

(c) A public utility's rates, tolls and charges shall be such as will provide the amounts required over and above the reasonable and necessary operating expenses, to maintain such property in an operating state of efficiency corresponding to the progress of the industry. In a proceeding in which the costs of a capital asset are being recognized for ratemaking purposes, a public utility may account for any asset retirement obligations and recover, through rates charged to customers, reasonably and prudently incurred costs associated with asset retirement obligations, to the extent the specific asset retirement obligation costs are incremental and have not otherwise been included in depreciation rates. Each public utility shall conform its depreciation accounts to the rates so ascertained and determined by the commission.

(d) Subject to IC 8-1-8.5-2.1(d), the commission shall make changes in a public utility's rates of depreciation, from time to time, as the commission finds necessary, including as necessary to reflect changes in:

(1) the public utility's estimated asset retirement costs, including all reasonable and prudent costs of removing retired assets; and

(2) the estimated retirement dates of assets of the public utility.

Formerly: Acts 1913, c.76, s.22; Acts 1925, c.64, s.1. As amended by P.L.2-2023, SEC.1; P.L.81-2023, SEC.2; P.L.170-2023, SEC.4.
Ind. Code § 8-23-1.1-26 — Indiana Code / Title 8 / Article 23 / Chapter 1.1 / Section 8-23-1.1-26
"Junkyard"
Status: in_force

Sec. 26. "Junkyard" means an establishment or place of business that is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard. The term includes garbage dumps and sanitary fills. The term does not include a scrap metal processing facility.

As added by P.L.145-2026, SEC.37.
Ind. Code § 8-15.7-3-5 — Indiana Code / Title 8 / Article 15.7 / Chapter 3 / Section 8-15.7-3-5
Participation by small, minority, women's, disadvantaged, and Indiana businesses
Status: in_force

Sec. 5. The department shall establish a program to facilitate participation in qualifying projects by:

(1) small businesses that qualify for a small business set-aside under IC 4-13.6-2-11;

(2) businesses certified under IC 4-13-16.5 as a minority business enterprise;

(3) businesses certified under IC 4-13-16.5 as a women's business enterprise;

(4) businesses treated as disadvantaged business enterprises under federal or state law; and

(5) businesses defined under IC 5-22-15-20.5 as Indiana businesses, to the extent permitted by applicable federal and state law and regulations.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-17-1-13 — Indiana Code / Title 8 / Article 17 / Chapter 1 / Section 8-17-1-13
Bond issue; interest
Status: in_force

Sec. 13. (a) For the purpose of raising money to pay for the construction, reconstruction, or improvement of a highway, bridge, or tunnel, the county may issue bonds under IC 8-18-22, not to exceed the estimated costs of construction, reconstruction, or improvement and all expenses incurred and damages allowed before the letting of the contracts, and a sum sufficient to pay the per diem of the engineer and superintendent during construction and all costs of the financing incident to the issuance of bonds. The issue of bonds must also provide for a sufficient sum to pay for any extras or changes not contemplated in the original plans, specifications, and contract that the executive considers necessary, and that might be omitted by the engineer who drew the plans or specifications.

(b) The proceeds shall be kept as a separate and specific fund to pay for the improvement or construction, reconstruction, or improvement of the particular road for which they were issued. The proceeds shall be paid by the treasurer to the contractor, upon warrant of the auditor, as directed by the executive. The contractor shall be paid in accordance with IC 36-1-12. If there is a surplus left from the sale of the bonds after the road is complete, the surplus shall be transferred to a fund for the construction, reconstruction, or improvement of any other highway in the county and shall not be used for any other purpose. All funds shall be kept in the public depositories of the county and the interest added to the fund.

Formerly: Acts 1919, c.112, s.14. As amended by Acts 1981, P.L.11, SEC.59; P.L.86-1988, SEC.77; P.L.113-1989, SEC.4.
Ind. Code § 8-3-1-7 — Indiana Code / Title 8 / Article 3 / Chapter 1 / Section 8-3-1-7
Repealed
Status: repealed

Formerly: Acts 1905, c.53, s.9. As amended by Acts 1978, P.L.2, SEC.819; P.L.384-1987(ss), SEC.16. Repealed by P.L.50-2011, SEC.5.
Ind. Code § 8-3-1.5-14 — Indiana Code / Title 8 / Article 3 / Chapter 1.5 / Section 8-3-1.5-14
Funding
Status: in_force

Sec. 14. The department may utilize federal funds, grants, gifts, or donations which are available, and any sums that are appropriated, in carrying out the purposes of this chapter. The department may also apply for discretionary or other funds available under the provisions of the Regional Rail Reorganization Act of 1973, or other federal programs described in IC 8-23-3-1.

Formerly: Acts 1975, P.L.79, SEC.1. As amended by Acts 1980, P.L.74, SEC.53; P.L.1-2009, SEC.66.
Ind. Code § 8-1-30-3 — Indiana Code / Title 8 / Article 1 / Chapter 30 / Section 8-1-30-3
Commission review of operations
Status: in_force

Sec. 3. (a) The commission may review any of the following or any combination of the following aspects of a utility company's operations:

(1) Technical, financial, and managerial capacity.

(2) Physical condition and capacity of the utility company's plant.

(3) Compliance with Indiana or federal law or the commission's orders.

(4) Provision of service to customers.

(b) The commission may conduct a review under this section upon its own motion, a request of the office of the utility consumer counselor, or upon the filing of a complaint by a customer of the utility company. The commission's order for review must state facts to justify a review by the commission.

As added by P.L.145-1999, SEC.7.
Ind. Code § 8-1-2-91 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-91
Grant of licenses, permits, or franchises; state corporations or citizens
Status: reserved

Sec. 91. No license, permit or franchise to own, operate, manage or control any plant or equipment of any public utility shall be hereafter granted or transferred except to a corporation duly organized under the laws of the state of Indiana or to a citizen of such state.

Formerly: Acts 1913, c.76, s.99.
Ind. Code § 8-15.7-10-2 — Indiana Code / Title 8 / Article 15.7 / Chapter 10 / Section 8-15.7-10-2
Leases, licenses, easements, and other grants
Status: in_force

Sec. 2. The authority, the department, and an operator may enter into the leases, licenses, easements, and other grants of property interests that the department determines necessary to carry out this article.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-1-1-13 — Indiana Code / Title 8 / Article 1 / Chapter 1 / Section 8-1-1-13
Repealed
Status: repealed

Formerly: Acts 1941, c.101, s.13. As amended by P.L.59-1984, SEC.7. Repealed by P.L.4-1988, SEC.7.
Ind. Code § 8-1-30.3-6.5 — Indiana Code / Title 8 / Article 1 / Chapter 30.3 / Section 8-1-30.3-6.5
Water and wastewater utility allocation of wastewater improvement costs to water customers
Status: in_force

Sec. 6.5. (a) This section applies to a utility company that is an eligible utility under IC 8-1-31.7-3 and that provides both water and wastewater service in one (1) or more areas in which the utility company has acquired wastewater utility property in an acquisition that was eligible for approval, or was approved, under:

(1) this chapter; or

(2) IC 8-1.5-2-6.1.

(b) A utility company described in subsection (a) may, in a petition to the commission for approval of a plan for service enhancement improvements to the utility company's wastewater utility property under IC 8-1-31.7, propose to allocate a portion of eligible costs of the utility company's wastewater utility property to the utility company's water customers.

(c) If a utility company makes a proposal under subsection (b), the utility company shall submit the following as part of the utility company's case in chief:

(1) The estimated adjustment rider that would result if there were no allocation of eligible costs to the utility company's water customers.

(2) A calculation of two percent (2%) of the utility company's authorized total revenues for purposes of subsection (f)(1).

(3) Information regarding the availability of grants or low interest loans and whether the utility company considered using available grants or low interest loans to help the utility company finance or reduce the cost of the service enhancement improvements for the utility company and the utility company's customers.

(4) Documentation demonstrating that the utility company has developed an asset management program, as defined in guidelines adopted by the Indiana finance authority under IC 5-1.2.

(5) An estimate of the life cycle management costs, as defined in guidelines adopted by the Indiana finance authority under IC 5-1.2, that will be incurred over the useful life of the assets to be financed by the service enhancement improvements for which approval is sought under IC 8-1-31.7.

(6) Information as to whether the wastewater utility property acquired by the utility company was subject, before the acquisition, to an enforcement order (as defined in IC 8-1-1.9-5).

(d) The commission may approve a utility company's proposal under subsection (b) to the extent the commission finds that:

(1) subject to subsection (e), because of reasonable and necessary improvements that are proposed for the wastewater utility property, the resulting rates charged to wastewater customers would reach levels necessitating the provision of financial assistance to the customers in accordance with IC 8-1-2-0.5 and in a manner consistent with IC 8-1-2-4;

(2) the total rates charged by the utility company for water service will not increase unreasonably as a result of the allocation;

(3) the utility company included in its proposal information regarding the availability of grants or low interest loans and whether the utility company considered using available grants or low interest loans to help the utility company finance or reduce the cost of the service enhancement improvements for the utility company and the utility company's customers, as described in subsection (c)(3); and

(4) the utility company has developed an asset management program, as defined in guidelines adopted by the Indiana finance authority under IC 5-1.2, as described in subsection (c)(4).

(e) The commission may consider available reasonable measures that could be taken to reduce the cost of the service enhancement improvements described in subsection (d)(1).

(f) For purposes of subsection (d)(2):

(1) an increase in the total rates charged for water service is not unreasonable to the extent the allocation under subsection (b) results in an increase in authorized total revenues of two percent (2%) or less; and

(2) the commission shall use the utility company's most recently authorized total revenue, inclusive of adjustments in accordance with adjustable rate mechanisms approved by the commission, for purposes of making the determination under subdivision (1).

(g) If the commission approves a utility company's proposal under subsection (d):

(1) the utility company shall include a notice on or with water customer monthly bills specifying the amount of the adjustment rider under IC 8-1-31.7 approved by the commission that recovers necessary wastewater utility improvements;

(2) the utility company shall, in subsequent general rate cases, submit a cost of service study as part of the utility company's case in chief; and

(3) the commission shall:

(A) evaluate the allocation of eligible costs of the utility's wastewater utility property to the utility company's water customers in those subsequent general rate cases described in subdivision (2); and

(B) order, to the extent the commission finds necessary, any changes to the utility's rates to ensure just and reasonable rates.

(h) In the commission's annual report under IC 8-1-1-14 the commission shall include a description of any activity under this section in the fiscal year ending June 30 of the year in which the report is due.

As added by P.L.100-2023, SEC.1.
Ind. Code § 8-15.7-1-6 — Indiana Code / Title 8 / Article 15.7 / Chapter 1 / Section 8-15.7-1-6
Conformity with this article
Status: in_force

Sec. 6. To the extent that this article permits or requires the authority, the department, or a private entity to carry out any law other than this article under a public-private agreement, the action shall be carried out in conformity with this article.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-1-43-6 — Indiana Code / Title 8 / Article 1 / Chapter 43 / Section 8-1-43-6
"Public use electric vehicle"
Status: in_force

Sec. 6. (a) As used in this chapter, "public use electric vehicle", or "public use EV", means any of the following electric vehicles that is used primarily to serve the public, regardless of whether the electric vehicle (or any associated charging infrastructure) is owned, leased, or operated by, or on behalf of, a governmental or private entity:

(1) An electric school bus.

(2) An electric transit bus.

(3) An electric vehicle that is used by a public or private commercial enterprise primarily to deliver goods or services to the public.

(b) The term does not include an electric vehicle that is used primarily for personal, family, or household purposes, or for commuting.

As added by P.L.94-2022, SEC.4.
Ind. Code § 8-16-3.1-4 — Indiana Code / Title 8 / Article 16 / Chapter 3.1 / Section 8-16-3.1-4
Creation of fund; purpose; tax levy
Status: in_force

Sec. 4. (a) The executive of any eligible county may provide a major bridge fund in compliance with IC 6-1.1-41 to make available funding for the following purposes:

(1) The construction of major bridges.

(2) In Allen County, the construction, maintenance, and repair of bridges, approaches, and grade separations with respect to structures other than major bridges.

(3) For an eligible county that is a member of a commuter transportation district established under IC 8-5-15:

(A) making grants to a commuter transportation system (as defined in IC 8-5-15-1) only for the benefit of the commuter transportation system (as defined in IC 8-5-15-1);

(B) making debt service payments for revenue bonds issued under IC 8-5-15-5.4 for a railroad project of a commuter transportation system (as defined in IC 8-5-15-1); and

(C) making grants to the northwest Indiana regional development authority established by IC 36-7.5-2-1 for the benefit of a commuter transportation system (as defined in IC 8-5-15-1), if the northwest Indiana regional development authority has issued bonds for a railroad project of a commuter transportation system (as defined in IC 8-5-15-1).

(b) The Indiana finance authority shall conduct pre-financing verification of an eligible county to pay for a transportation project involving double tracking if the project is wholly or partially funded by money from the major bridge fund under subsection (a).

(c) The executive of any eligible county may levy a tax in compliance with IC 6-1.1-41 not to exceed three and thirty-three hundredths cents ($0.0333) on each one hundred dollars ($100) assessed valuation of all taxable personal and real property within the county to provide for the major bridge fund.

(d) The general assembly finds the following:

(1) Allen County eliminated its levy for a cumulative bridge fund to use its levy authority to fund a juvenile center.

(2) Allen County has more bridges than any other county in Indiana, outside of Marion County: Marion County has five hundred twenty-two (522), Allen County has three hundred fifty-one (351), and Hamilton County has two hundred seventy-seven (277).

(3) Allen County has the largest land area of any county in Indiana.

(4) Allen County is the third largest populated county in Indiana.

(5) Allen County has a heavy manufacturing and industrial base, increasing traffic and wear and tear on streets, roads, and bridges.

(6) Allen County has large temperature fluctuations, leading to increased maintenance costs.

(7) Allen County has three (3) major rivers that come together in the heart of Fort Wayne, which means more bridges are needed in the area due to the infrastructure that accommodates Fort Wayne, the second largest city in Indiana.

(8) Allen County dissolved its cumulative bridge fund in 2002 to provide room in the levy for judicial mandates to build two (2) detention facilities, as the former jail was overcrowded due to the large population.

(9) Allen County has a major bridge fund that is provided to maintain major bridges, but can be used to fund smaller bridges and will not harm the ability of Allen County to pay for obligations caused by judicial mandates.

(10) Expansion of the purposes for Allen County's major bridge fund may be used in Allen County to meet the critical needs in Allen County for the maintenance of bridges other than major bridges in the unincorporated areas of the county.

(e) Because of the findings set forth in subsection (d), except as provided in subsection (f), beginning after June 30, 2009, in Allen County the county executive is responsible for providing funds for the following:

(1) All bridges in unincorporated areas of the county.

(2) All bridges in each municipality in the county that has entered into an interlocal agreement under IC 36-1-7 with the county to provide bridge funds.

(f) Subsection (e) does not apply to providing funds for bridges on the state highway system.

As added by Acts 1979, P.L.96, SEC.1. Amended by P.L.86-1988, SEC.22; P.L.17-1995, SEC.10; P.L.178-2002, SEC.78; P.L.182-2009(ss), SEC.265; P.L.248-2017, SEC.3.
Ind. Code § 8-15-3-12 — Indiana Code / Title 8 / Article 15 / Chapter 3 / Section 8-15-3-12
Fixing and collecting tolls
Status: in_force

Sec. 12. The department may fix, revise, charge, collect, retain, and use tolls for transit over each tollway or part of a tollway. The tolls and the setting of toll rates are not subject to supervision or regulation by any other commission, board, bureau, or agency of the state.

As added by P.L.386-1987(ss), SEC.13. Amended by P.L.18-1990, SEC.139; P.L.47-2006, SEC.24.
Ind. Code § 8-15.7-1-5 — Indiana Code / Title 8 / Article 15.7 / Chapter 1 / Section 8-15.7-1-5
Complete authority for public-private agreements; limitations; bonds
Status: in_force

Sec. 5. (a) This article contains full and complete authority for agreements and leases with private entities to carry out the activities described in this article. Except as provided in this article, no procedure, proceeding, publication, notice, consent, approval, order, or act by the authority, the department, or any other state or local agency or official is required for the department to enter into a public-private agreement with a private entity under this article for a project to be constructed, maintained, repaired, or operated, and no law to the contrary affects, limits, or diminishes the authority for agreements and leases with private entities, except as provided by this article. However, this article may not be construed to:

(1) limit the power of the authority, the department, or a private entity to enter an agreement; or

(2) impose any procedural or substantive requirements on the authority, the department, or a private entity;

concerning a project (as defined by IC 8-15.5-2-7) carried out under IC 8-15.5.

(b) Notwithstanding any other law, before the department, the authority, or an operator may enter into public-private agreements that impose user fees on motor vehicles for use of:

(1) Interstate Highway 69; or

(2) except for a project for which a waiver is granted under IC 8-15-3-36, nontolled highways, roadways, or other facilities in existence or under construction on July 1, 2011, including nontolled interstate highways, U.S. routes, and state routes;

the general assembly must enact a statute authorizing that activity.

(c) Notwithstanding any other law, the department or the authority may enter into a public-private agreement concerning a project consisting of a passenger or freight railroad system described in IC 8-15.7-2-14(a)(4). Such an agreement is subject to review and appropriation by the general assembly. However, this subsection does not prohibit the department from:

(1) conducting preliminary studies that the department considers necessary to determine the feasibility of such a project; or

(2) issuing a request for qualifications or a request for proposals, or both, under IC 8-15.7-4 for such a project.

(d) The following apply:

(1) The authority shall be a party to any public-private agreement entered into pursuant to this article that requires payments to be made to an operator after the operator receives final payment for construction.

(2) The authority may issue bonds or refunding bonds under IC 5-1.2-4 to provide funds for any amounts identified under this article but is not required to comply with IC 8-9.5-8-10.

As added by P.L.47-2006, SEC.40. Amended by P.L.203-2007, SEC.5; P.L.85-2010, SEC.14; P.L.163-2011, SEC.10; P.L.119-2012, SEC.95; P.L.205-2013, SEC.165; P.L.94-2015, SEC.4; P.L.165-2021, SEC.131; P.L.12-2022, SEC.3; P.L.19-2023, SEC.2; P.L.173-2025, SEC.18.
Ind. Code § 8-21-9-6 — Indiana Code / Title 8 / Article 21 / Chapter 9 / Section 8-21-9-6
Repealed
Status: repealed

Formerly: Acts 1971, P.L.105, SEC.2. Repealed by Acts 1980, P.L.74, SEC.434.
Ind. Code § 8-22-1-11.5 — Indiana Code / Title 8 / Article 22 / Chapter 1 / Section 8-22-1-11.5
"Loan contract"
Status: in_force

Sec. 11.5. As used in this article, "loan contract" means a debt instrument other than a revenue or general obligation bond, such as a note.

As added by P.L.101-1987, SEC.2.
Ind. Code § 8-1-13-13 — Indiana Code / Title 8 / Article 1 / Chapter 13 / Section 8-1-13-13
Obligations in anticipation of revenue; authority to issue
Status: in_force

Sec. 13. (a) Subject to the approval of the commission, a corporation formed under this chapter may, from time to time, issue its obligations in anticipation of its revenues for any corporate purpose.

(b) Those obligations may be authorized by resolution of the board and may bear a date, mature at a time not exceeding forty (40) years from their respective dates, bear interest at a rate, be in denominations, be in a form, either coupon or registered, carry registration privileges, be executed in a manner, be payable in a medium of payment, at a place, and be subject to terms of redemption as provided in the resolution. The obligations may be sold in a manner and upon terms as determined by the board.

(c) Notwithstanding any other law, any obligations and the interest coupon pertaining to the obligation, if any, issued under this chapter, possess all of the qualities of negotiable instruments. However, approval of the commission is not required when a corporation has a mortgage with any federal agency.

Formerly: Acts 1935, c.175, s.13; Acts 1969, c.117, s.2; Acts 1971, P.L.83, SEC.2. As amended by Acts 1977, P.L.102, SEC.4; P.L.23-1988, SEC.50; P.L.109-1989, SEC.2.
Ind. Code § 8-1.5-5-1.5 — Indiana Code / Title 8 / Article 1.5 / Chapter 5 / Section 8-1.5-5-1.5
Definitions
Status: in_force

Sec. 1.5. The definitions in IC 36-1-2 apply throughout this chapter.

As added by P.L.282-2003, SEC.3.
Ind. Code § 8-4-1-30 — Indiana Code / Title 8 / Article 4 / Chapter 1 / Section 8-4-1-30
Repealed
Status: repealed

Formerly: Acts 1852, 1RS, c.83, s.32. Repealed by Acts 1975, P.L.28, SEC.1.
Ind. Code § 8-17-1-0.3 — Indiana Code / Title 8 / Article 17 / Chapter 1 / Section 8-17-1-0.3
"Bridge"
Status: in_force

Sec. 0.3. As used in this chapter, "bridge" means a structure, including supports, erected over a depression or an obstruction, such as water, a highway, or a railway that has:

(1) a track or passageway for carrying traffic or moving loads; and

(2) an opening measured along the center of the roadway of more than twenty (20) feet between under copings of abutments or spring lines of arches or extreme ends of opening for multiple boxes.

As added by P.L.173-2025, SEC.20.
Ind. Code § 8-1-47-11 — Indiana Code / Title 8 / Article 1 / Chapter 47 / Section 8-1-47-11
Commission's annual report; inclusion of information concerning low income customer assistance programs; electricity supplier's duty to provide information; protection of confidential information
Status: in_force

Sec. 11. (a) Beginning in 2027, the commission shall include in the annual report that the commission is required to submit under IC 8-1-1-14 before October 1 of each year the following information for each electricity supplier with respect to the most recently concluded state fiscal year:

(1) The number of low income customers enrolled in the electricity supplier's low income customer assistance program at the beginning and end of the state fiscal year.

(2) The total amount of assistance provided to low income customers under the electricity supplier's program.

(3) The median amount of assistance provided to each customer under the electricity supplier's program.

(4) Subject to subsection (c), an identification of the sources and amounts of any money, services, or property contributed to the electricity supplier's program by or through:

(A) governmental agencies or programs; or

(B) other third parties, including voluntary charitable contributions from nonprofit organizations or from employees, customers, or shareholders of the electricity supplier.

(5) An identification of the amounts of any:

(A) per customer funding limits;

(B) enrollment limits; or

(C) other limits, caps, or restrictions;

established by the electricity supplier under section 5(b) of this chapter, along with information as to whether and when any such limits, caps, or restrictions were reached or applied during the state fiscal year.

(b) Subject to subsection (c), an electricity supplier shall provide the commission, at the time and in the manner prescribed by the commission, any information required under subsection (a) to be included in the commission's annual report.

(c) Upon request by an electricity supplier, the commission shall determine whether any information and related materials described in subsection (a):

(1) are confidential under IC 5-14-3-4;

(2) are exempt from public access and disclosure by Indiana law; and

(3) must be treated as confidential and protected from public access and disclosure by the commission.

In addition, an electricity supplier is not required to name individual third party donors under subsection (a)(4) and may instead report the types of third party organizations and individuals that contributed to the electricity supplier's program and the amounts contributed by each type.

As added by P.L.36-2026, SEC.11.
Ind. Code § 8-1-32.6-6 — Indiana Code / Title 8 / Article 1 / Chapter 32.6 / Section 8-1-32.6-6
"Provider of last resort"
Status: in_force

Sec. 6. As used in this chapter, "provider of last resort" has the meaning set forth in IC 8-1-32.4-9.

As added by P.L.27-2006, SEC.56.
Ind. Code § 8-1-17-22.5 — Indiana Code / Title 8 / Article 1 / Chapter 17 / Section 8-1-17-22.5
Repealed
Status: repealed

As added by P.L.103-1983, SEC.4. Amended by P.L.122-1987, SEC.2; P.L.78-1997, SEC.3. Repealed by P.L.27-2006, SEC.62.
Ind. Code § 8-23-7-9 — Indiana Code / Title 8 / Article 23 / Chapter 7 / Section 8-23-7-9
Improvement and changes in use of property; loss of notice rights
Status: in_force

Sec. 9. If the department has not acquired or commenced condemnation proceedings to acquire the real property, rights, or easements described in section 4 of this chapter within three (3) years after filing the description with the county recorder, the department loses the right to receive notice of improvements, subdivisions, or changes on the property that the department acquired by filing a description under section 4 of this chapter.

As added by P.L.18-1990, SEC.216.
Ind. Code § 8-16-15.5-11 — Indiana Code / Title 8 / Article 16 / Chapter 15.5 / Section 8-16-15.5-11
Authorization to invest in bridge authority bonds and notes
Status: in_force

Sec. 11. Notwithstanding any other law or provision, all financial institutions, investment companies, insurance companies, insurance associations, executors, administrators, guardians, trustees, and other fiduciaries may legally invest sinking funds, money, or other funds belonging to them or within their control in bonds or notes issued under this chapter.

As added by P.L.185-2018, SEC.27.
Ind. Code § 8-5-15-5.4 — Indiana Code / Title 8 / Article 5 / Chapter 15 / Section 8-5-15-5.4
Bonds
Status: in_force

Sec. 5.4. (a) Subject to section 5.3 of this chapter, the board may provide by resolution, at one (1) time or from time to time, for the issuance of revenue bonds of the district for the purpose of paying all or any part of the cost of a railroad project. The principal of and the interest on the bonds are payable solely from the revenues specifically pledged to the payment thereof. The bonds of each issue shall be dated, bear interest at any rate, and mature at a time or times not exceeding forty (40) years from the date thereof, as may be determined by the board, and may be made redeemable before maturity, at the option of the board, at such price or prices and under such terms and conditions as may be fixed by the board in the authorizing resolution.

(b) The board shall determine the form of the bonds, including any interest coupons to be attached to the bonds, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest.

(c) The bonds shall be issued in the name of the district and executed by the manual or facsimile signature of the president of the board. The manual or facsimile seal of the district shall be affixed or imprinted on the bonds and attested by the manual or facsimile signature of the secretary of the district. However, one (1) of the signatures must be manual, unless the bonds are authenticated by the manual signature of an authorized representative of a trustee for the bondholders. Any coupons attached to the bonds must bear the facsimile signature of the treasurer of the board. In case any officer whose signature or a facsimile of whose signature appears on any bonds or coupons ceases to be an officer before the delivery of the bonds, the signature or facsimile shall nevertheless be considered valid and sufficient for all purposes the same as if he had remained in office until the delivery. The bonds must contain on their face a statement to the effect that the bonds, as to both principal and interest, are payable solely from the revenues pledged for their payment.

(d) All bonds issued under this chapter have all the qualities and incidents of negotiable instruments under the negotiable instruments law of Indiana.

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

(f) The board may sell the bonds in such manner and for such price as it may determine to be in the best interest of the district, either at public sale under IC 5-1-11 or at private sale.

(g) The board may issue bonds under this chapter only after obtaining approval of the issuance by the Indiana department of transportation. Before giving approval, the Indiana department of transportation shall give due consideration to any contract terms and conditions that impinge on the continuation of revenues for the term of any bond.

(h) This chapter constitutes full and complete authority for the issuance of bonds. No law, procedure or proceedings, publications, notices, consents, approvals, orders, acts, or things by the board or any other officer, department, agency or instrumentality of the state, county, or any municipality shall be required to issue such bonds except as may be prescribed in this chapter.

(i) Bonds issued under the provisions of this section shall constitute legal investments for any private trust funds, and the funds of any banks, trust companies, insurance companies, building and loan associations, credit unions, banks of discount and deposit, savings banks, loans and trust and safe deposit companies, rural loan and savings associations, guaranty loan and savings associations, mortgage guaranty companies, small loan companies, industrial loan and investment companies, and any other financial institutions organized under the laws of the state of Indiana.

(j) Bonds may not be sold to purchase or lease assets or purchase capital stock of a railroad unless the board has a written undertaking from the seller or lessor that the seller or lessor will take no direct action calculated to cause the reduction of levels of freight service being rendered or revenues being generated on any such railroad for a period of time not less than the term of the bonds.

As added by Acts 1981, P.L.67, SEC.7. Amended by P.L.64-1984, SEC.4; P.L.18-1990, SEC.64; P.L.42-1993, SEC.6; P.L.68-2025, SEC.193.
Ind. Code § 8-3-1.5-15 — Indiana Code / Title 8 / Article 3 / Chapter 1.5 / Section 8-3-1.5-15
Acquisition or modernization loans
Status: in_force

Sec. 15. The department may apply for an acquisition and modernization loan, or a guarantee of a loan, pursuant to section 403 of the Regional Rail Reorganization Act of 1973, or any other federal programs, within the limit of funds appropriated for those purposes subject to IC 8-23-3-1 through IC 8-23-3-6.

Formerly: Acts 1975, P.L.79, SEC.1. As amended by Acts 1980, P.L.74, SEC.54; P.L.1-2009, SEC.67.
Ind. Code § 8-1-8.3-5 — Indiana Code / Title 8 / Article 1 / Chapter 8.3 / Section 8-1-8.3-5
"Utility service vehicle"
Status: in_force

Sec. 5. As used in this chapter, "utility service vehicle" has the meaning set forth in 49 CFR 395.2.

As added by P.L.42-2004, SEC.1.
Ind. Code § 8-2-6-2 — Indiana Code / Title 8 / Article 2 / Chapter 6 / Section 8-2-6-2
Notice of sale; sale; proceeds; disposition
Status: in_force

Sec. 2. Sixty (60) days' notice of the time and place of sale and a descriptive list of the articles to be sold, with the names, numbers, or other marks found thereon, shall be posted up in three (3) public places of the county where the sale is to be made and one (1) on the door of the depot or warehouse, if any, where the goods are; and shall also give notice in at least one (1) paper in the county for sixty (60) days before sale; and, out of the proceeds of such sale, the carrier shall pay the proper charges on such freight or baggage, including costs for storage for the previous three (3) months, and hold the overplus, if any, subject to the order of the owner, at any time with five (5) years, on proof of ownership, made by the affidavit of the claimant or his duly authorized agent or attorney. Also, after five (5) years, all sums of money remaining unclaimed to be paid into the county treasury, to be placed to the account of common schools.

Formerly: Acts 1865(ss), c.97, s.2.
Ind. Code § 8-1-27-5 — Indiana Code / Title 8 / Article 1 / Chapter 27 / Section 8-1-27-5
"Public utility" defined
Status: in_force

Sec. 5. As used in this chapter, "public utility" means a public utility, a municipally owned utility, or a cooperatively owned utility.

As added by P.L.76-1991, SEC.1.
Ind. Code § 8-1-47-7 — Indiana Code / Title 8 / Article 1 / Chapter 47 / Section 8-1-47-7
Notice of program availability; customer bills; website; notice when funding or enrollment caps reached
Status: in_force

Sec. 7. (a) In each residential customer bill issued by an electricity supplier after June 30, 2026, the electricity supplier must include a notice that:

(1) informs customers that the electricity supplier offers a low income customer assistance program for eligible customers; and

(2) includes:

(A) a toll free telephone number; or

(B) a link to a web page;

that a customer may call or access for information on how to apply for assistance under the program.

(b) Not later than July 1, 2026, the electricity supplier shall post the information described in subsection (a)(1) and (a)(2) on the electricity supplier's website. If at any time during a calendar year, the electricity supplier is no longer able to offer assistance to additional eligible customers under the electricity supplier's low income customer assistance program as a result of any:

(1) per customer funding limits;

(2) enrollment limits; or

(3) other limits, caps, or restrictions;

established by the electricity supplier under section 5(b) of this chapter, the electricity supplier shall include on its website a statement notifying customers of that fact. If the electricity supplier is subsequently able to enroll new eligible customers in the program during that calendar year, the electricity supplier shall remove the previously posted statement from its website and post a new statement indicating that the program is again accepting new applications for assistance.

As added by P.L.36-2026, SEC.11.
Ind. Code § 8-1-6-6 — Indiana Code / Title 8 / Article 1 / Chapter 6 / Section 8-1-6-6
Audit of returns
Status: in_force

Sec. 6. All returns submitted to the commission by a public utility as provided by this chapter shall be sworn to by an appropriate officer of the public utility. The commission may audit each such return submitted and may take such measures as are necessary to ascertain the correctness of the returns submitted. The commission is hereby vested with the power to direct the filing of any return required by this chapter.

Formerly: Acts 1969, c.360, s.6. As amended by P.L.59-1984, SEC.54.
Ind. Code § 8-1-26-25 — Indiana Code / Title 8 / Article 1 / Chapter 26 / Section 8-1-26-25
Penalties under IC 8-1-22.5 for pipeline operators
Status: in_force

Sec. 25. An operator of a pipeline facility that violates this chapter may be subject to a civil penalty imposed by the commission under IC 8-1-22.5 in addition to a penalty or fine imposed under this chapter.

As added by P.L.62-2009, SEC.21.
Ind. Code § 8-23-24.5-5 — Indiana Code / Title 8 / Article 23 / Chapter 24.5 / Section 8-23-24.5-5
Required lease provisions
Status: in_force

Sec. 5. A lease under this chapter must provide for the following:

(1) The lessee is responsible for planting, maintaining, and harvesting the vegetation at the lessee's cost.

(2) The lessee becomes the owner of the vegetation when harvested.

(3) The harvested vegetation must be used for the production of fuels or other energy products.

(4) The lease must include limitations on the height of any vegetation that is grown.

As added by P.L.182-2009(ss), SEC.281.
Ind. Code § 8-21-1-1 — Indiana Code / Title 8 / Article 21 / Chapter 1 / Section 8-21-1-1
Definitions
Status: in_force

Sec. 1. (a) The definitions in this section apply throughout this article.

(b) "Aeronautics" means:

(1) transportation by aircraft;

(2) the operation, construction, repair, or maintenance of aircraft, aircraft power plants and accessories, including the repair, packing, and maintenance of parachutes;

(3) the design, establishment, construction, extension, operation, improvement, repair, or maintenance of airports, landing fields, or other air navigation facilities; and

(4) air instruction.

(c) "Aircraft" means any contrivance used or designed for navigation of or flight in the air.

(d) "Public aircraft" means an aircraft used exclusively in the service of any government or of any political subdivision of a government, including the government of any state but not including any government owned aircraft engaged in carrying persons or property for commercial purposes.

(e) "Civil aircraft" means any aircraft other than a public aircraft.

(f) "Airport" means any location either on land or water which is used for the landing and taking off of aircraft.

(g) "Department" refers to the Indiana department of transportation.

(h) "Landing field" means any airport which provides neither facilities nor services other than an area designated for the landing and taking off of aircraft.

(i) "Air navigation facility" means any facility other than one owned or controlled by the federal government, used in, available for use in, or designed for use in aid of air navigation, including:

(1) airports;

(2) landing fields;

(3) any structures, mechanisms, lights, beacons, marks, communicating systems, or other instrumentalities or devices used or useful as an aid, or constituting an advantage or convenience, to the safe taking-off, navigation, and landing of aircraft, or the safe and efficient operation or maintenance of an airport or landing field; and

(4) any combination of any or all of such facilities.

(j) "Air navigation" means the operation or navigation of aircraft in the air space over this state, or upon any airport or landing field within this state.

(k) "Operation of aircraft" or "operate aircraft" means the use of aircraft for the purpose of air navigation, and includes the navigation or piloting of aircraft. Any person who causes or authorizes the operation of aircraft, whether with or without the right of legal control (in the capacity of owner, lessee, or otherwise) of the aircraft, is considered to be engaged in the operation of aircraft within the meaning of the Indiana statutes.

(l) "Airman" means any individual who engages, as the person in command, or as pilot, mechanic, or member of the crew, in the navigation of aircraft while under way and (excepting individuals employed outside the United States, any individual employed outside the United States, any individual employed by a manufacturer of aircraft, aircraft engines, propellers, or appliances to perform duties as inspector or mechanic in connection with the manufacturer's aircraft, aircraft engines, propellers, or appliances, and any individual performing inspection or mechanical duties in connection with aircraft owned or operated by the individual) any individual who is directly in charge of the inspection, maintenance, overhauling, or repair of aircraft engines, propellers, or appliances and any individual who serves in the capacity of aircraft dispatcher or air-traffic control-tower operator.

(m) "Air instruction" means the imparting of aeronautical information by any aeronautics instructor or in or by any air school or flying club.

(n) "Air school" means any person engaged in giving, or offering to give, instruction in aeronautics, either in flying or ground subjects, or both, for or without hire or reward, and advertising, representing, or professing to give or offer to give such instruction.

(o) "Aeronautics instructor" means an individual engaged in giving instruction, or offering to give instruction, in aeronautics, either in flying or ground subjects, or both, for hire or reward, without advertising such occupation, without calling the individual's facilities an air school or anything equivalent thereto, and without employing or using other instructors.

(p) "Flying club" means any person other than an individual, which, neither for profit nor reward, owns, leases, or uses one (1) or more aircraft for the purpose of instruction or pleasure, or both.

(q) "Person" means any individual, firm, partnership, corporation, company, limited liability company, association, joint stock association, or body politic. The term includes any trustee, receiver, assignee, or other similar representative.

(r) "State airway" means a route in the navigable air space over and above the lands or water of Indiana designated by the department as a route suitable for air navigation.

(s) "Navigable air space" means air space above the minimum altitudes of flight prescribed by Indiana laws or by rules of the department consistent with Indiana laws.

(t) "Municipality" means any county, city, or town of Indiana and any other political subdivision, public corporation, authority, or district in Indiana which is or may be authorized by law to acquire, establish, construct, maintain, improve, and operate airports and other air navigation facilities.

(u) "Airport protection privileges" means easements through or other interests in air space over land or water, interests in airport hazards outside the boundaries of airports or landing fields, and other protection privileges, the acquisition or control of which is necessary to ensure safe approaches to the landing areas of the airports and landing fields and the safe and efficient operation of airports and landing fields.

(v) "Airport hazard" means any structure, object of natural growth, or use of land, which obstructs the air space required for the flight of aircraft in landing or taking off at any airport or landing field or is otherwise hazardous to such landing or taking off.

(w) "CAB-certificated air carrier" means an air carrier which is operating under a valid certificate of public convenience and necessity issued by the Civil Aeronautics Board under Public Law 85-726, Title VI, Aug. 23, 1958, 72 Stat. 754, 49 U.S.C. 1371 as amended.

(x) "Adverse impact on military operations and readiness" has the meaning set forth in 32 CFR 211.3.

(y) "Energy facility" means any structure that provides for the generation or transmission of electrical energy.

Formerly: Acts 1945, c.360, s.1; Acts 1963, c.229, s.1; Acts 1975, P.L.93, SEC.1. As amended by Acts 1980, P.L.74, SEC.308; P.L.3-1989, SEC.69; P.L.18-1990, SEC.154; P.L.8-1993, SEC.147; P.L.136-2018, SEC.98; P.L.71-2020, SEC.1.
Ind. Code § 8-18-20-5 — Indiana Code / Title 8 / Article 18 / Chapter 20 / Section 8-18-20-5
Hearing on creation; notice by publication; resolution; filing; proof of establishment
Status: in_force

Sec. 5. (a) Whenever the county auditor receives a notice that:

(1) is signed by the presiding officers of the county executive, the county fiscal body, and the municipal fiscal body of the county seat;

(2) states that those bodies have agreed to hold a public hearing on and consider the creation of a county toll road authority; and

(3) fixes a time and place for that hearing;

the auditor shall give notice by publication of the hearing. The notice shall be published in accordance with IC 5-3-1, and must state the time, place, and purpose of the hearing.

(b) The members of the executive of the county and the fiscal bodies of the county and county seat shall meet at the time and place fixed in the notice. The presiding officers of each of the three (3) bodies shall elect one (1) of their number to preside as chairman at the hearing, another as vice chairman, and another as secretary.

(c) All interested citizens and taxpayers of the county may appear and are entitled to be heard at the hearing.

(d) The authority shall be established if, within sixty (60) days after the hearing, a concurrent resolution declaring a need for the authority is agreed upon and separately adopted by the county executive and county and municipal fiscal bodies.

(e) A copy of the concurrent resolution that is certified by affidavits of the county auditor and municipal clerk showing the date of adoption of the resolution by the three (3) bodies must be filed in the office of the recorder of the county for recording in the miscellaneous records. The certified and recorded copy of the resolution is admissible in evidence in any action or proceeding as proof of the establishment of the authority.

As added by P.L.386-1987(ss), SEC.20.
Ind. Code § 8-4-2-1 — Indiana Code / Title 8 / Article 4 / Chapter 2 / Section 8-4-2-1
Special meeting of shareholders
Status: in_force

Sec. 1. Whenever the board of directors of any railroad company (including any union railway corporation) organized on or after March 2, 1933, under the laws of this state or of this state and any other state or states desires to amend its charter, articles of association, articles of incorporation, or articles of consolidation, in any one (1) of the following respects, namely:

(a) to increase or decrease its capital stock;

(b) to change the number of shares of its capital stock;

(c) to increase or decrease the par value of the shares of its capital stock;

(d) to provide for shares with par value, or shares without par value, or both, with such designations, relative rights, preferences, qualifications, limitations, restrictions, voting rights, values and interests of the shares of each class as said board may specify;

(e) to provide the consideration for which the company may issue and sell its shares without par value, or to authorize the board of directors to fix such consideration from time to time;

(f) to change the shares of any class into the same or a different number of shares of any other class or classes, including a change of shares with par value into shares without par value or a change of shares without par value into shares with par value;

(g) to classify or reclassify the shares of its capital stock;

(h) to extend its corporate existence, including a term which shall extend for perpetuity;

(i) in the case of any such company which is no longer engaged in the conduct of the railroad business or in transportation by railroad, but which is engaged in leasing the railroad owned by it to a lessee which maintains and operates the same, to provide for:

(1) elimination of its powers further to construct, maintain or operate a railroad, engage in the conduct of the railroad business, and engage in transportation by railroad; and

(2) continuation of any charter powers it may, have or purport to have on March 9, 1939:

(A) first, to own a railroad for the purpose of leasing the same for a term of any duration to a lessee who or which is empowered further to construct, maintain or operate a railroad, engage in the conduct of the railroad business, or engage in transportation by railroad; and

(B) second, to acquire, own, lease, manage, operate, mortgage, and sell other real and personal property, and to operate and maintain a public stockyard, as the same is defined in 7 U.S.C. 103 (before its repeal);

provided that no lease to which such company is a party on March 9, 1939, shall be invalid in whole or in part because of the term of its duration and that no amendment to such charter, articles of association, articles of incorporation, or articles of consolidation can be made which will impair the validity of any such lease; or

(j) to make any other amendment, without limitation, so long as the charter, articles of association, articles of incorporation, or articles of consolidation of such company, as amended, have been authorized by IC 8-4-1 as an original charter, articles of association, articles of incorporation, or articles of consolidation;

said board may call a special meeting of the stockholders of said company for the purpose of submitting to a vote of such stockholders the question of the approval of such amendment or may direct that such question be submitted to the stockholders at a regular annual meeting.

Formerly: Acts 1933, c.101, s.1; Acts 1939, c.65, s.1. As amended by P.L.62-1984, SEC.44; P.L.17-1985, SEC.6; P.L.7-2015, SEC.21.
Ind. Code § 8-23-24.5-1 — Indiana Code / Title 8 / Article 23 / Chapter 24.5 / Section 8-23-24.5-1
Purpose
Status: in_force

Sec. 1. The intent of this chapter is to encourage the use of highway rights-of-way owned by the state to promote the growth and harvesting of vegetation to be used as fuels and other energy products.

As added by P.L.182-2009(ss), SEC.281.
Ind. Code § 8-1-29-1.3 — Indiana Code / Title 8 / Article 1 / Chapter 29 / Section 8-1-29-1.3
"Letter of agency" defined
Status: in_force

Sec. 1.3. As used in this chapter, "letter of agency" means a written statement that a customer signs that authorizes a change to that customer's primary interexchange carrier or primary local exchange carrier.

As added by P.L.135-1999, SEC.1.
Ind. Code § 8-14.5-6-13 — Indiana Code / Title 8 / Article 14.5 / Chapter 6 / Section 8-14.5-6-13
Bonds and notes as legal investment
Status: in_force

Sec. 13. Notwithstanding any other law, all financial institutions, investment companies, insurance companies, insurance associations, executors, administrators, guardians, trustees, and other fiduciaries may legally invest sinking funds, money, or other funds belonging to them or within their control in bonds or notes issued under this chapter.

As added by P.L.68-1988, SEC.12.
Ind. Code § 8-1-32.4-3 — Indiana Code / Title 8 / Article 1 / Chapter 32.4 / Section 8-1-32.4-3
"Basic telecommunications service"
Status: in_force

Sec. 3. As used in this chapter, "basic telecommunications service" has the meaning set forth in IC 8-1-2.6-0.1.

As added by P.L.27-2006, SEC.54.
Ind. Code § 8-22-1-4 — Indiana Code / Title 8 / Article 22 / Chapter 1 / Section 8-22-1-4
"Authority"
Status: in_force

Sec. 4. "Authority" means an airport authority established under this article or that was established under IC 19-6-3.5, IC 19-6-2, or IC 19-6-3 (before their repeal on April 1, 1980).

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

As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.3-1990, SEC.36.
Ind. Code § 8-1-39-4 — Indiana Code / Title 8 / Article 1 / Chapter 39 / Section 8-1-39-4
"Public utility"
Status: in_force

Sec. 4. As used in this chapter, "public utility" means:

(1) an energy utility (as defined in IC 8-1-2.5-2);

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

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

As added by P.L.133-2013, SEC.5.
Ind. Code § 8-20-1-27 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-27
Repealed
Status: repealed

Formerly: Acts 1905, c.167, s.36. Repealed by P.L.86-1988, SEC.227.
Ind. Code § 8-1-38-6 — Indiana Code / Title 8 / Article 1 / Chapter 38 / Section 8-1-38-6
"Regional transmission organization"
Status: in_force

Sec. 6. As used in this chapter, "regional transmission organization" refers to a regional transmission organization approved by the Federal Energy Regulatory Commission.

As added by P.L.174-2013, SEC.1.
Ind. Code § 8-2.1-22-42 — Indiana Code / Title 8 / Article 2.1 / Chapter 22 / Section 8-2.1-22-42
Intrastate carriers; identification to be displayed on each vehicle
Status: in_force

Sec. 42. (a) An intrastate motor carrier regulated under this chapter shall display identification, in the method prescribed by rules of the department, on each motor vehicle it operates.

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

As added by P.L.99-1989, SEC.13. Amended by P.L.205-2025, SEC.47.
Ind. Code § 8-15-3-32 — Indiana Code / Title 8 / Article 15 / Chapter 3 / Section 8-15-3-32
Conversion of tollways to state highways
Status: in_force

Sec. 32. Subject to any public-private agreement that applies to a tollway, including terms applicable to the financing of the tollway, the department may, after issuing an order and after receiving the governor's approval, at any time determine that a tollway under its jurisdiction should become a part of the system of state highways free of tolls.

As added by P.L.386-1987(ss), SEC.13. Amended by P.L.18-1990, SEC.141; P.L.47-2006, SEC.36.
Ind. Code § 8-16-3.5-5 — Indiana Code / Title 8 / Article 16 / Chapter 3.5 / Section 8-16-3.5-5
Not-for-profit corporations proposing to build bridges; plans and specifications
Status: in_force

Sec. 5. Not-for-profit corporations proposing to build a bridge may assist the lessee, before the execution of a contract of lease, in the preparation and acquisition of plans, specifications, and estimates for the bridge, or the lessee may prepare or otherwise acquire plans and specifications for the bridge. All plans and specifications shall be submitted to agencies as designated by law to pass on plans and specifications for bridges, and the plans and specifications shall be approved by those agencies and the lessee in writing prior to the execution of the contract of lease.

Formerly: Acts 1975, P.L.92, SEC.2. As amended by P.L.86-1988, SEC.27.
Ind. Code § 8-1-13-27 — Indiana Code / Title 8 / Article 1 / Chapter 13 / Section 8-1-13-27
Liability of members and directors
Status: in_force

Sec. 27. (a) No member of any corporation shall be liable or responsible for its debts or liabilities.

(b) A director of a distribution cooperative corporation or a director of a power supplier whose members are corporations as defined in this chapter is not personally liable while acting in good faith for the acts or omissions of the distribution cooperative corporation or the power supplier.

Formerly: Acts 1935, c.175, s.27; Acts 1939, c.106, s.3. As amended by P.L.59-1984, SEC.71; P.L.121-1987, SEC.4.
Ind. Code § 8-1-30.8-2.2 — Indiana Code / Title 8 / Article 1 / Chapter 30.8 / Section 8-1-30.8-2.2
"Independent evaluator"
Status: in_force

Sec. 2.2. As used in this chapter, "independent evaluator" means a person or entity that is qualified to assess the accuracy or validity of methodology or results of an audit under this chapter. The independent evaluator must be listed as preapproved by the authority after consultation with the department, prior to undertaking an evaluation.

As added by P.L.224-2023, SEC.2.
Ind. Code § 8-4-1-12 — Indiana Code / Title 8 / Article 4 / Chapter 1 / Section 8-4-1-12
Certificate of capitalization
Status: in_force

Sec. 12. The president and a majority of the directors, within thirty (30) days after the payment of the last instalment of the capital stock so fixed and limited by the company, shall make a certificate, stating the amount of capital stock so fixed and paid in, which certificate shall be signed by the president and a majority of the directors, and sworn to by the president and secretary, and they shall, within the said thirty (30) days, file and record the same in the office of the secretary of state.

Formerly: Acts 1852, 1RS, c.83, s.11.
Ind. Code § 8-3-1-2 — Indiana Code / Title 8 / Article 3 / Chapter 1 / Section 8-3-1-2
"Railroad" defined
Status: in_force

Sec. 2. The term "railroad" as used in this chapter shall mean and include any railroad whether its locomotives are powered by steam, combustion-type fuel or electricity other than a hobby, tourist, amusement, and non-freight-carrying railroad.

Formerly: Acts 1905, c.53, s.3a; Acts 1963, c.182, s.1. As amended by Acts 1976, P.L.26, SEC.1.
Ind. Code § 8-23-32-13 — Indiana Code / Title 8 / Article 23 / Chapter 32 / Section 8-23-32-13
Worksite speed control system operators; qualifications; training
Status: in_force

Sec. 13. (a) The department shall employ worksite speed control system operators to operate a worksite speed control system at a worksite.

(b) A worksite speed control system operator must be:

(1) an employee of the department or a police officer employed by the state police department; and

(2) trained and certified to operate a worksite speed control system under subsection (c).

(c) A worksite speed control system operator must complete training by the manufacturer of the worksite speed control system in the procedures for:

(1) deploying;

(2) testing; and

(3) operating;

a worksite speed control system.

(d) The manufacturer of the worksite speed control system shall issue a certificate of training to a worksite speed control system operator upon the successful completion of the training required under subsection (c).

As added by P.L.120-2023, SEC.2.
Ind. Code § 8-15-2-2 — Indiana Code / Title 8 / Article 15 / Chapter 2 / Section 8-15-2-2
Pledge state faith and credit
Status: in_force

Sec. 2. (a) Toll road revenue bonds issued under the provisions of this chapter:

(1) shall not be deemed to constitute a debt of the state or of any political subdivision thereof or a pledge of the faith and credit of the state or of any such political subdivision; and

(2) shall be payable soley from an allocation of money from the rural transportation road fund under IC 8-9.5-8-16 or from the funds pledged for their payment as authorized by this chapter, unless such bonds are refunded by refunding bonds issued under the provisions of this chapter, which refunding bonds shall be payable solely from funds pledged for their payment as authorized by this chapter.

(b) All such revenue bonds shall contain on the face thereof a statement to the effect that the bonds, as to both principal and interest, are not an obligation of the state of Indiana, or of any political subdivision thereof, but are payable solely from funds pledged for their payment, as authorized by this chapter.

(c) All expenses incurred in carrying out the provisions of this chapter shall be payable solely from an allocation of money from the rural transportation road fund under IC 8-9.5-8-16 or from funds provided under this chapter and nothing contained in this chapter shall be construed to authorize the authority to incur indebtedness or liability on behalf of or payable by the state or any political subdivision thereof.

Formerly: Acts 1951, c.281, s.2. As amended by Acts 1980, P.L.74, SECS.224, 225; P.L.109-1983, SEC.5; P.L.386-1987(ss), SEC.7.
Ind. Code § 8-1-6-1 — Indiana Code / Title 8 / Article 1 / Chapter 6 / Section 8-1-6-1
Public policy; computation; disposition
Status: in_force

Sec. 1. (a) It is declared to be the public policy of this state that in order to maintain and foster the effective regulation of the public utilities, in the interests of the people of the state of Indiana and the public utilities as well, the public utilities subject to regulation and which enjoy the privilege of operating as public utilities in this state shall bear the expense of administering the provisions of IC 8-1-1 and IC 8-1-2 by means of a public utility fee on such privilege measured by the annual gross revenue of such public utilities in the manner provided in this chapter. That expense shall be determined by totaling the budgets, approved by the general assembly in its appropriation act for the years to be billed, of the commission and the utility consumer counselor, including expert witness fees. The sum of two hundred fifty thousand dollars ($250,000) shall be added to that total for the use of the commission and the utility consumer counselor as a contingency fund, with expenditures from that fund subject to prior approval of the governor and state budget agency. The proceeds from the public utility fee shall be paid to the commission and deposited in the state general fund for appropriation to the regulation of public utilities. If the reports required to be submitted to the commission under section 5 of this chapter reveal that the amounts to be collected for the fiscal year from the public utilities, when added together, plus the amount deposited in the state general fund under this section at the end of the fiscal year will exceed the total of the expenses plus the contingency fund, the commission shall compute the amount of each public utility's proportionate share of the excess sum. The commission shall, as promptly as possible, notify each public utility of the amount of its proportionate share of such excess and that amount shall be deducted from the subsequent payment of any fees imposed on such utility under section 4 of this chapter.

(b) If the sum of the actual expenditures of the commission and the utility consumer counselor are less than the appropriations therefor by the general assembly, the difference between the actual expenditures and the appropriations shall be subject to the credit provision provided in this section and each utility's proportionate share of that difference shall be deducted from the subsequent payment of any fee imposed on that utility under section 4 of this chapter.

Formerly: Acts 1969, c.360, s.1; Acts 1974, P.L.28, SEC.1; Acts 1975, P.L.77, SEC.1. As amended by Acts 1977, P.L.101, SEC.1; P.L.23-1988, SEC.37; P.L.213-2025, SEC.98.
Ind. Code § 8-23-9.5-20 — Indiana Code / Title 8 / Article 23 / Chapter 9.5 / Section 8-23-9.5-20
Replacing subcontractors
Status: in_force

Sec. 20. (a) A CMGC or PDB may not replace a person identified as a person with which the CMGC or PDB proposes to enter into a subcontract for services under a contract without:

(1) the approval of the department; and

(2) a written determination by the department that a legitimate reason exists for the replacement.

(b) If a CMGC or a PDB violates subsection (a), the department may cancel the award of or may terminate the contract.

As added by P.L.60-2023, SEC.2.
Ind. Code § 8-9.5-7-18 — Indiana Code / Title 8 / Article 9.5 / Chapter 7 / Section 8-9.5-7-18
Formula for use of increased property tax revenues
Status: in_force

Sec. 18. This section provides a formula for a portion of increased property tax revenues resulting from increases in assessed valuation to be used for the automated transit district. For the first ten (10) complete calendar years after the establishment of an automated transit district, any property taxes levied on the property geographically within the automated transit district, by another political subdivision, shall be divided each year as follows:

(1) That portion of the taxes which are produced by the rate at which the tax is levied by or for each of the political subdivisions upon the total sum of the assessed value of the taxable property in the district, as that assessed value stands on the date of the establishment of the automated transit district, is allocated to the respective political subdivisions for their usual purposes.

(2) Twenty-five percent (25%) of that portion of the property taxes collected each year in excess of the amount referred to in subdivision (1) is allocated to the respective taxing agencies for their usual purposes in proportion to the tax rate of each taxing agency.

(3) Seventy-five percent (75%) of that portion of the property taxes collected each year in excess of the amount referred to in subdivision (1) is allocated to, and when collected shall be paid into a special fund of the automated transit district to pay the principal and the interest on loans, to repay money advanced to, or to repay indebtedness of the district. When such loans, advances, and indebtedness, if any, and the interest thereon has been paid in full, all money thereafter received from property taxes upon the taxable property in the district shall be paid solely into the funds of the respective political subdivisions.

(4) That portion of the taxes referred to in subdivision (3), and the special fund into which they shall be paid, may be irrevocably pledged by the automated transit district for the payment of the principal and interest on loans or for repayment of advances or indebtedness, of the district.

As added by Acts 1982, P.L.77, SEC.1.
Ind. Code § 8-2.1-24-20 — Indiana Code / Title 8 / Article 2.1 / Chapter 24 / Section 8-2.1-24-20
Unified carrier registration system
Status: in_force

Sec. 20. Before a motor carrier engaged in the transportation of property or passengers for compensation may operate a motor vehicle upon a public highway providing intrastate transportation, the motor carrier must be properly registered as required under the unified carrier registration system in accordance with rules adopted by the department under IC 4-22-2. This section does not apply to a person exclusively engaged in the private transportation of nonhazardous property.

As added by P.L.110-1995, SEC.29. Amended by P.L.176-2006, SEC.10; P.L.42-2007, SEC.16.
Ind. Code § 8-1-22.5-8 — Indiana Code / Title 8 / Article 1 / Chapter 22.5 / Section 8-1-22.5-8
Appeals, commission decision, ruling, or order
Status: in_force

Sec. 8. Any person adversely affected by any final decision, ruling, or order of the commission pursuant to this chapter may appeal such decision, ruling, or order. Any such appeal shall be taken in the manner provided for appeals from any final decision, ruling, or order of the commission as provided in IC 8-1-3.

Formerly: Acts 1971, P.L.84, SEC.1. As amended by P.L.59-1984, SEC.90.
Ind. Code § 8-16-1-11 — Indiana Code / Title 8 / Article 16 / Chapter 1 / Section 8-16-1-11
Repealed
Status: repealed

Formerly: Acts 1939, c.79, s.7c; Acts 1941, c.217, s.6. Repealed by Acts 1980, P.L.74, SEC.434.
Ind. Code § 8-1-40-15 — Indiana Code / Title 8 / Article 1 / Chapter 40 / Section 8-1-40-15
Electricity supplier's duty to procure customers' excess distributed generation; amounts credited to customers to be recognized in fuel adjustment proceedings
Status: in_force

Sec. 15. An electricity supplier shall procure the excess distributed generation produced by a customer at a rate approved by the commission under section 17 of this chapter. Amounts credited to a customer by an electricity supplier for excess distributed generation shall be recognized in the electricity supplier's fuel adjustment proceedings under IC 8-1-2-42.

As added by P.L.264-2017, SEC.6.
Ind. Code § 8-15.5-11-4 — Indiana Code / Title 8 / Article 15.5 / Chapter 11 / Section 8-15.5-11-4
Allocations to accounts and other funds
Status: in_force

Sec. 4. (a) Before any allocations are made from the fund under this chapter, the authority shall determine:

(1) the extent to which outstanding bonds issued by the authority under IC 8-14.5-6 or IC 8-15-2 should be repaid, defeased, or otherwise retired;

(2) the total amount necessary to repay, defease, or otherwise retire the bonds selected by the authority for repayment, defeasance, or retirement; and

(3) the total amount necessary to pay the amounts owed by the authority related to the execution and performance of a public-private agreement under this article, including establishing reserves, plus the amount necessary to establish an escrow account to implement a written agreement entered into under IC 8-15.5-7-6 to fund reductions in, or refunds of, user fees imposed on Class 2 vehicles.

The authority shall make a separate determination of the amount described in subdivision (3) for each public-private agreement. The amount described in subdivision (3) is payable solely from money received by the authority under the public-private agreement for which the amounts owed were incurred, and are not payable from lease payments received under IC 8-9.5 or IC 8-14.5.

(b) Before making any allocations from the fund under subsection (c) or (d), the authority shall allocate the amount determined under subsection (a)(2) to the bond retirement account. Money in this account may be used only for the purpose described in section 3(a)(1) of this chapter.

(c) After making the allocation required by subsection (b) and before making the allocations required by subsection (d), the authority shall allocate the amount determined under subsection (a)(3) to the administration account. Money in this account may be used only for the purpose described in section 3(a)(2) of this chapter.

(d) After making the allocations required by subsections (b) and (c), the remaining money received during each state fiscal year under a public-private agreement under this article shall be allocated to the eligible project account. Money in this account may be used only for the purposes described in section 3(a)(3) of this chapter. Within thirty (30) days after a public-private agreement concerning the Indiana Toll Road has been executed and the closing for each financing transaction required to provide funding to carry out the agreement has been conducted, the authority shall transfer the money in the eligible project account to the major moves construction fund. In addition, any amounts transferred to the fund under section 3(i) of this chapter after the date described in this subsection shall be transferred to the major moves construction fund.

As added by P.L.47-2006, SEC.39. Amended by P.L.189-2018, SEC.97.
Ind. Code § 8-1-8.2-4 — Indiana Code / Title 8 / Article 1 / Chapter 8.2 / Section 8-1-8.2-4
"Permit"
Status: in_force

Sec. 4. As used in this chapter, "permit" has the meaning set forth in IC 36-7-4-1109.

As added by P.L.202-2025, SEC.1.
Ind. Code § 8-20-1-56 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-56
Repealed
Status: repealed

Formerly: Acts 1905, c.167, s.65. Repealed by P.L.86-1988, SEC.227.
Ind. Code § 8-16-1-24 — Indiana Code / Title 8 / Article 16 / Chapter 1 / Section 8-16-1-24
Repealed
Status: repealed

Formerly: Acts 1939, c.79, s.15a. Repealed by Acts 1980, P.L.74, SEC.434.
Ind. Code § 8-1-32.4-4 — Indiana Code / Title 8 / Article 1 / Chapter 32.4 / Section 8-1-32.4-4
"Exiting provider"
Status: in_force

Sec. 4. As used in this chapter, "exiting provider" means a provider that:

(1) holds a certificate of territorial authority issued by the commission;

(2) is the predominant local exchange carrier in a defined geographic area and provides telecommunications service using the provider's own facilities; and

(3) ceases operation in all or part of the service area covered by the certificate of territorial authority.

As added by P.L.27-2006, SEC.54.
Ind. Code § 8-23-26-5 — Indiana Code / Title 8 / Article 23 / Chapter 26 / Section 8-23-26-5
Reimbursement of extraordinary costs of relocation
Status: in_force

Sec. 5. The department may negotiate an agreement with a utility to reimburse the utility for extraordinary costs of facilities relocation caused by a highway or bridge construction or improvement project or a combination of highway or bridge construction or improvement projects.

As added by P.L.63-1992, SEC.4. Amended by P.L.80-2001, SEC.1.
Ind. Code § 8-15-3-33 — Indiana Code / Title 8 / Article 15 / Chapter 3 / Section 8-15-3-33
Studies of tollway; additional interchanges
Status: in_force

Sec. 33. (a) The department may expend any funds available for the study of a tollway and may use the department's engineering and other resources, including consulting engineers and traffic engineers, to conduct this study.

(b) The department shall make studies of the feasibility of construction of additional interchanges along tollways near population and traffic generating centers. These studies shall be made by consulting engineers and traffic engineers who are retained by the department in connection with its other duties under this chapter.

As added by P.L.386-1987(ss), SEC.13. Amended by P.L.18-1990, SEC.142.
Ind. Code § 8-22-3-6 — Indiana Code / Title 8 / Article 22 / Chapter 3 / Section 8-22-3-6
Appointment of board members; staggered terms; vacancies; reappointment; impeachment
Status: in_force

Sec. 6. (a) The board members shall be appointed as soon as possible after the adoption of an ordinance establishing an authority under this chapter. The term of each member starts at noon on the day the authority is established, at which time the board members shall meet and organize as the board.

(b) Members of the board shall be appointed as follows:

(1) One (1) member for an initial term of one (1) year.

(2) One (1) for an initial term of two (2) years.

(3) If a third or fourth appointment is required, one (1) for an initial term of three (3) years and one (1) for an initial term of four (4) years.

(4) If a fifth appointment is required, one (1) for an initial term of four (4) years.

(5) If a sixth appointment is necessary, one (1) for an initial term of four (4) years.

At the expiration of the respective terms, a member or members shall be appointed to fill the vacancies caused by the expiration. The members so appointed hold office for a term of four (4) years and until their successors are appointed and qualified. If the authority was established under IC 19-6-3 (before its repeal on April 1, 1980), at the expiration of the members' terms the mayor or the board of county commissioners shall appoint a member or members to fill the vacancies caused by the expiration. The members so appointed hold office for a term of three (3) years and until their successors are appointed and qualified.

(c) If a vacancy occurs in the board by resignation or otherwise, a member shall be appointed for the remainder of the term.

(d) A board member is eligible for reappointment to successive terms.

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

[Pre-Local Government Recodification Citations: 19-6-2-6; 19-6-2-7; 19-6-3-6; 19-6-3-7; 19-6-3.5-7; 19-6-3.5-8.]

As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.3-1990, SEC.38; P.L.116-1995, SEC.6; P.L.134-2005, SEC.7.
Ind. Code § 8-17-1-29 — Indiana Code / Title 8 / Article 17 / Chapter 1 / Section 8-17-1-29
Repealed
Status: repealed

Formerly: Acts 1919, c.112, s.30. As amended by P.L.66-1984, SEC.87. Repealed by P.L.86-1988, SEC.227.
Ind. Code § 8-21-11-1 — Indiana Code / Title 8 / Article 21 / Chapter 11 / Section 8-21-11-1
"Airport" defined
Status: in_force

Sec. 1. Notwithstanding IC 8-21-1-1, as used in this chapter, "airport" means a public use airport (as defined in 49 U.S.C. 47102).

As added by P.L.34-1990, SEC.2. Amended by P.L.1-1999, SEC.22.
Ind. Code § 8-22-3.5-17 — Indiana Code / Title 8 / Article 22 / Chapter 3.5 / Section 8-22-3.5-17
Repealed
Status: repealed

As added by P.L.91-1997, SEC.12. Repealed by P.L.124-2006, SEC.11.
Ind. Code § 8-1.5-5-4 — Indiana Code / Title 8 / Article 1.5 / Chapter 5 / Section 8-1.5-5-4
Board of storm water management; directors
Status: in_force

Sec. 4. (a) This section applies to all municipalities except a consolidated city.

(b) If the legislative body of a municipality adopts the provisions of this chapter by ordinance, a department of storm water management is established and is controlled by a board of directors.

(c) Except as provided in subsections (f) and (g), the board consists of three (3) directors. The executive of the municipality shall appoint the directors.

(d) Except as provided in subsections (f) and (g), the legislative body shall prescribe, by ordinance, the terms of the directors. However, the legislative body must prescribe the initial terms of the directors so that they will be staggered.

(e) The executive may remove a director at any time when, in the judgment of the executive, it is for the best interest of the department.

(f) If a second class city has a department of public sanitation under IC 36-9-25, the executive of the city may appoint the members of the board of sanitary commissioners as the board of directors of the department of storm water management. The terms of the members of the board of directors are the same as the terms of the members of the board of sanitary commissioners under IC 36-9-25-4.

(g) If a third class city:

(1) has a board that controls the city's municipally owned utilities under IC 8-1.5-3-3(a); and

(2) 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;

the members of the board that controls the city's municipally owned utilities shall serve as the board of directors of the department of storm water management, subject to any transition procedure specified in the ordinance under IC 8-1.5-3-3(b). The terms of the members of the board of directors are the same as the terms of the members of the board that controls the city's municipally owned utilities under IC 8-1.5-3-3(a), subject to the completion of any transition procedure specified in the ordinance under IC 8-1.5-3-3(b).

(h) A member of the board of directors of the department of storm water management who:

(1) is appointed under subsection (f); or

(2) is a member of the board under subsection (g) and receives a salary as a member of the board that controls the third class city's municipally owned utilities;

is not entitled to a salary for serving as a member of the board of directors of the department of storm water management. However, a member shall be reimbursed for necessary expenses incurred by the member in the performance of official duties.

As added by P.L.125-1987, SEC.1. Amended by P.L.93-1993, SEC.6; P.L.98-1993, SEC.4; P.L.5-1998, SEC.1; P.L.282-2003, SEC.6; P.L.164-2019, SEC.4.
Ind. Code § 8-1-42-16 — Indiana Code / Title 8 / Article 1 / Chapter 42 / Section 8-1-42-16
Sound level limitations; waiver of requirement with consent of owners of adjacent nonparticipating properties
Status: in_force

Sec. 16. (a) Subject to subsection (b), and except as otherwise allowed by IC 36-7-4-1109, a project owner may not install or locate a CSE system in a unit unless the project owner demonstrates to the permit authority that the CSE system will operate in a manner such that the sound attributable to the CSE system will not exceed an hourly average sound level of fifty (50) A-weighted decibels, as modeled at the outer wall of a dwelling located on an adjacent nonparticipating property.

(b) The requirement set forth in subsection (a) may be waived with respect to any one (1) CSE system, subject to the written consent of the owner of each adjacent nonparticipating property.

As added by P.L.90-2022, SEC.2.
Ind. Code § 8-23-9.5-28 — Indiana Code / Title 8 / Article 23 / Chapter 9.5 / Section 8-23-9.5-28
Expiration
Status: in_force

Sec. 28. This chapter expires July 1, 2028.

As added by P.L.60-2023, SEC.2.
Ind. Code § 8-3-22-5 — Indiana Code / Title 8 / Article 3 / Chapter 22 / Section 8-3-22-5
Officers
Status: in_force

Sec. 5. (a) The commission shall annually elect from among its members:

(1) a chair;

(2) a vice chair, who may not be a resident of the state represented by the chair; and

(3) any other officers approved in the commission bylaws.

(b) The officers shall perform the functions and exercise the powers specified in the commission bylaws.

As added by P.L.131-2000, SEC.1.
Ind. Code § 8-16-2-7 — Indiana Code / Title 8 / Article 16 / Chapter 2 / Section 8-16-2-7
Tax levy
Status: in_force

Sec. 7. For the purpose of raising money to pay said bonds and interest thereon, as provided in this chapter, the proper officers of every county issuing bonds under authority of this chapter shall, as soon as said bonds are sold and annually thereafter at the time the general tax levy is made, levy a tax, in addition to all other taxes authorized by law to be levied by such county, upon the property within said county subject to taxation, in such manner as to meet the principal and interest of said bonds as they become due, and such tax shall be levied and collected as other taxes are levied and collected, and shall be applied to the payment of such bonds and interest provided, that if any other funds provided by law for the payment of said bonds and interest shall come to the hands of the proper officer of said county and be available for payment on said bonds and interest, the tax in this section provided for may be abated to the extent only that such other funds provided by law may be actually available for payment of such bonds and interest at the time for making any such annual tax levy.

Formerly: Acts 1927, c.10, s.7. As amended by P.L.66-1984, SEC.60.
Ind. Code § 8-6-2.1-18 — Indiana Code / Title 8 / Article 6 / Chapter 2.1 / Section 8-6-2.1-18
Contracts; bidding; validity of proceedings and orders of board and contract
Status: repealed

Sec. 18. Any portion or portions of the work of improvement under the resolution which is allotted to the city shall be done by contract or contracts, and all contracts shall be let under statutes governing the letting of contracts by the city. In event of the execution of a contract for the work, the validity of the contract may not subsequently be questioned by any person, except in a suit to enjoin the performance of the contract instituted within ten (10) days after its execution. All proceedings and orders of the board preliminary and prior to the contract, and the contract, are considered valid, conclusive and binding upon all persons and are not subject to attack for any cause after the ten (10) day period after its execution has expired.

[Pre-Local Government Recodification Citation: 19-5-14-18.]

As added by Acts 1980, P.L.8, SEC.70.
Ind. Code § 8-1-46-17 — Indiana Code / Title 8 / Article 1 / Chapter 46 / Section 8-1-46-17
"System average interruption frequency index"
Status: in_force

Sec. 17. As used in this chapter, "system average interruption frequency index", or "SAIFI", means an index that:

(1) indicates the number of sustained service interruptions an electricity supplier's average customer experiences over a specified period; and

(2) is calculated by determining the quotient of:

(A) the total number of customers that experienced sustained service interruptions over the specified period; divided by

(B) the total number of customers;

in accordance with IEEE 1366.

As added by P.L.36-2026, SEC.10.
Ind. Code § 8-1-2-82 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-82
Franchise; sale; transfer; assignment or encumbrance
Status: in_force

Sec. 82. Any person or association of persons other than an existing public service corporation, which is or may become the owner or assignee of the rights, powers, privileges and franchises of any public utility created or organized by or under the law of this state, by purchase under a mortgage sale, sale in bankrupt proceedings, or sale under any judgment, order, decree or proceedings of any court in Indiana, including the courts of the United States sitting in Indiana, shall within sixty (60) days after such purchase or assignment, organize anew by filing articles of incorporation as provided by law, and upon filing the articles of incorporation shall have the rights, privileges and franchises which such utility had, or was entitled to have, at the time of such purchase and sale. The new corporation may issue stock, certificates of stock, bonds, notes or other evidences of indebtedness for the property of the former corporation thus acquired, in an amount not to exceed the true value of such property, as found and determined by the commission, in accordance with this chapter.

Formerly: Acts 1913, c.76, s.94. As amended by P.L.136-2018, SEC.48.
Ind. Code § 8-14-1-3 — Indiana Code / Title 8 / Article 14 / Chapter 1 / Section 8-14-1-3
Allocations; basis for distribution
Status: in_force

Sec. 3. The money collected for the motor vehicle highway account fund and remaining after refunds and the payment of all expenses incurred in the collection of the money and after transferring three hundred twenty-five thousand dollars ($325,000) each month to the motor carrier regulation fund (IC 8-2.1-23), shall be allocated to and distributed among the department and subdivisions designated as follows:

(1) Of the net amount in the motor vehicle highway account the state comptroller shall set aside for the cities and towns of the state twelve and thirteen hundredths percent (12.13%). This sum shall be allocated to the cities and towns upon the basis that the population of each city and town bears to the total population of all the cities and towns and shall be used for the construction or reconstruction and maintenance of streets and alleys and shall be annually budgeted as now provided by law. However, no part of such sum shall be used for any other purpose than for the purposes defined in this chapter. If any funds allocated to any city or town shall be used by any officer or officers of such city or town for any purpose or purposes other than for the purposes as defined in this chapter, such officer or officers shall be liable upon their official bonds to such city or town in such amount so used for other purposes than for the purposes as defined in this chapter, together with the costs of said action and reasonable attorney fees, recoverable in an action or suit instituted in the name of the state of Indiana on the relation of any taxpayer or taxpayers resident of such city or town. A monthly distribution thereof of funds accumulated during the preceding month shall be made by the state comptroller.

(2) Of the net amount in the motor vehicle highway account, the state comptroller shall set aside for the counties of the state twenty-five and eighty-seven hundredths percent (25.87%). However, as to the allocation to cities and towns under subdivision (1) and as to the allocation to counties under this subdivision, in the event that the amount in the motor vehicle highway account fund remaining after refunds and after the payment of all expenses incurred in the collection thereof is less than twenty-two million six hundred fifty thousand dollars ($22,650,000) in any fiscal year, then the amount so set aside in the next calendar year for distributions to counties shall be reduced fifty-four percent (54%) of such deficit and the amount so set aside for distribution in the next calendar year to cities and towns shall be reduced thirteen percent (13%) of such deficit. Such reduced distributions shall begin with the distribution January 1 of each year.

(3) The amount set aside for the counties of the state under the provisions of subdivision (2) shall be allocated monthly upon the following basis:

(A) Five percent (5%) of the amount allocated to the counties to be divided equally among the ninety-two (92) counties.

(B) Sixty-five percent (65%) of the amount allocated to the counties to be divided on the basis of the ratio of the actual miles, now traveled and in use, of county roads in each county to the total mileage of county roads in the state, which shall be annually determined, accurately, by the department and submitted to the state comptroller before April 1 of each year.

(C) Thirty percent (30%) of the amount allocated to the counties to be divided on the basis of the ratio of the motor vehicle registrations of each county to the total motor vehicle registration of the state. The bureau of motor vehicles shall annually determine the number of motor vehicle registrations by county under this clause and submit its determination to the state comptroller before April 1 each year.

All money so distributed to the several counties of the state shall constitute a special road fund for each of the respective counties and shall be under the exclusive supervision and direction of the board of county commissioners in the construction, reconstruction, maintenance, or repair of the county highways or bridges on such county highways within such county.

(4) Each month the remainder of the net amount in the motor vehicle highway account shall be credited to the state highway fund for the use of the department.

(5) Money in the fund may not be used for any toll road or toll bridge project.

(6) Notwithstanding any other provisions of this section, money in the motor vehicle highway account fund may be appropriated to the Indiana department of transportation from the amounts distributed to the political subdivisions of the state to pay the costs incurred by the department in providing services to those subdivisions.

(7) Notwithstanding any other provisions of this section or of IC 8-14-8, for the purpose of maintaining a sufficient working balance in accounts established primarily to facilitate the matching of federal and local money for highway projects, money may be appropriated to the Indiana department of transportation as follows:

(A) One-half (1/2) from the amounts set aside under subdivisions (1) and (2) for counties and for those cities and towns with a population greater than five thousand (5,000).

(B) One-half (1/2) from the distressed road fund under IC 8-14-8.

Formerly: Acts 1941, c.168, s.3; Acts 1943, c.221, s.1; Acts 1945, c.275, s.1; Acts 1949, c.270, s.1; Acts 1965, c.223, s.1. As amended by Acts 1980, P.L.74, SEC.215; Acts 1981, P.L.41, SEC.49; P.L.113-1983, SEC.1; P.L.18-1990, SEC.107; P.L.2-1990, SEC.10; P.L.205-2013, SEC.134; P.L.261-2013, SEC.40; P.L.2-2014, SEC.33; P.L.218-2017, SEC.61; P.L.185-2018, SEC.21; P.L.108-2019, SEC.152; P.L.9-2024, SEC.286; P.L.141-2024, SEC.1.
Ind. Code § 8-1-46-13 — Indiana Code / Title 8 / Article 1 / Chapter 46 / Section 8-1-46-13
"Service interruption"
Status: in_force

Sec. 13. As used in this chapter, "service interruption" means the loss of electric service to one (1) or more customers connected to the distribution portion of an electricity supplier's system.

As added by P.L.36-2026, SEC.10.
Ind. Code § 8-1-2-5 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-5
Joint use of facilities; failure of parties to agree; resolution by commission
Status: in_force

Sec. 5. (a) Every public utility, every communications service provider, every municipality, and every person, association, limited liability company, or corporation having tracks, conduits, subways, poles, or other equipment on, over, or under any street or highway shall for a reasonable compensation, permit the use of the same by any other public utility or communications service provider or by a municipality owning or operating a utility, whenever public convenience and necessity require such use, and such use will not result in irreparable injury to the owner or other users of such equipment, nor in any substantial detriment to the service to be rendered by such owners or other users. If any prospective consumers or patrons of any public utility for the production, transmission, delivery, or furnishing of light or power, living in territory outside of cities and towns, and within not to exceed one-half (1/2) mile of the transmission line of such utility, shall agree to and shall construct and install the necessary equipment, in compliance with plans and specifications prescribed by such utility, such public utility shall permit the necessary physical connection or connections to be made and service to be furnished to the person or persons who have constructed and installed such equipment.

(b) In case of failure to agree upon such use or the terms and conditions or compensations for such use, any public utility, any communications service provider, or any person, association, limited liability company, or corporation interested may apply to the commission and if after investigation the commission shall ascertain that public convenience and necessity require such use, and that such use would not result in irreparable injury to the owner or other users of such equipment or the facilities of such public utilities, nor in any substantial detriment to the service to be rendered by such owner or other public utilities or other users of such equipment or facilities, it shall by order direct that such use be permitted and prescribe reasonable conditions and compensations for such joint use.

(c) Such use so ordered shall be permitted, and such conditions and compensation so prescribed for such use shall be lawful conditions and compensations for such use, to be observed, followed, and paid, subject to recourse to the courts upon the complaint of any interested party as provided in sections 73 and 74 of this chapter and IC 8-1-3, and such statute so far as applicable shall apply to any action arising on such complaint so made. Any such order of the commission may be from time to time revised by the commission upon application of any interested party or upon its own motion.

(d) This section does not affect the commission's authority under IC 8-1-2.6.

Formerly: Acts 1913, c.76, s.8; Acts 1933, c.190, s.3; Acts 1935, c.293, s.2. As amended by P.L.59-1984, SEC.11; P.L.8-1993, SEC.106; P.L.145-2015, SEC.2.
Ind. Code § 8-16-1-1 — Indiana Code / Title 8 / Article 16 / Chapter 1 / Section 8-16-1-1
Powers of authority
Status: in_force

Sec. 1. (a) The authority shall have the power:

(1) to make and enter into all contracts or agreements; and

(2) to do all things necessary or incidental to the performance of its duties and the execution of its powers under this chapter.

(b) The authority may employ engineering, architectural, and construction experts, inspectors, and such other employees as may be necessary in its opinion to implement this chapter and fix their compensation, all of whom shall do such work as the authority may direct. All expenses so incurred by the authority shall be paid solely from funds provided under the authority of this chapter.

(c) This chapter:

(1) applies to the authority only when acting for the purposes set forth in this chapter; and

(2) does not apply to the authority when acting under any other statute for any other purpose.

Formerly: Acts 1939, c.79, s.1; Acts 1965, c.249, s.1. As amended by Acts 1980, P.L.74, SEC.260; P.L.109-1983, SEC.31; P.L.235-2005, SEC.118.
Ind. Code § 8-1-1.5-4 — Indiana Code / Title 8 / Article 1 / Chapter 1.5 / Section 8-1-1.5-4
Term of office; reappointment
Status: in_force

Sec. 4. A member of the nominating committee serves until his successor is appointed. No committee member is eligible for successive reappointment, unless he has been appointed to fill a vacancy on the committee for less than three (3) years in which case he is eligible, upon the expiration of that term, for a succeeding term.

As added by P.L.43-1983, SEC.8.
Ind. Code § 8-14-15.2-3 — Indiana Code / Title 8 / Article 14 / Chapter 15.2 / Section 8-14-15.2-3
"Trust"
Status: in_force

Sec. 3. As used in this chapter, "trust" refers to the next generation trust fund established under this chapter.

As added by P.L.189-2018, SEC.79.
Ind. Code § 8-1-8.7-7 — Indiana Code / Title 8 / Article 1 / Chapter 8.7 / Section 8-1-8.7-7
Ongoing review of construction and costs
Status: in_force

Sec. 7. (a) This section does not apply if the utility elects the review described in section 8 of this chapter.

(b) In addition to the review of the continuing need for the clean coal technology system under construction prescribed in section 5 of this chapter, the commission shall at the request of the public utility maintain an ongoing review of that construction as the construction proceeds. The applicant shall submit each year during construction, or at other times as the commission and the public utility mutually agree, a progress report and any revisions in the cost estimates for the construction. The commission must hold a public hearing before it may approve or deny a proposed increase in the cost estimates for the implementation, construction, or use of clean coal technology.

(c) If the commission approves the construction and the cost of the part of the clean coal technology system under review, the approval forecloses subsequent challenges to the inclusion of that part of the clean coal technology system in the public utility's rate base on the basis of excessive cost, inadequate quality control, or inability to employ the technology.

(d) If the commission disapproves of all or part of the construction or cost of the part of the clean coal technology system under review, the commission may modify or revoke the certificate. If the public utility cancels construction of the clean coal technology system as a result of the modification or revocation of the certificate, the utility may recover over a reasonable period of time through rates, absent fraud, concealment, or gross mismanagement, the amount of its investment in the clean coal technology system along with a reasonable return on the unamortized balance to the extent the construction and the cost were approved previously by the commission.

As added by P.L.105-1989, SEC.4.
Ind. Code § 8-1-32.3-22 — Indiana Code / Title 8 / Article 1 / Chapter 32.3 / Section 8-1-32.3-22
Application for collocation; requirements; conformance with building permit requirements; consolidated application; review for completeness; notification of approval or denial; additional time for review
Status: in_force

Sec. 22. (a) An application for a permit for collocation must include only the following:

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

(2) Evidence of conformance with applicable building permit requirements.

(b) An application for a permit for collocation:

(1) is not required to comply with zoning or land use requirements; and

(2) is not subject to public hearing.

(c) A permit authority shall allow an applicant to submit a single consolidated application to collocate multiple wireless service facilities that are located within the jurisdiction of the permit authority. The permit authority shall issue a single permit for all wireless service facilities included in the application rather than individual permits for each wireless service facility.

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

(e) An applicant that receives a written notice under subsection (d) may cure the defects set forth in the notice and resubmit the corrected application to the permit authority within fifteen (15) days of receiving the notice. If an applicant is unable to cure the defects within the fifteen (15) day period, the applicant shall notify the permit authority of the additional time the applicant requires to cure the defects.

(f) Not more than forty-five (45) days after making an initial determination of completeness under subsection (d), a permit authority shall:

(1) review the application to determine its conformity with applicable building permit requirements; and

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

However, if the applicant requested additional time under subsection (e) to cure defects in the application, the forty-five (45) day period is extended for a corresponding amount of time.

As added by P.L.145-2015, SEC.3.
Ind. Code § 8-15.7-14-5 — Indiana Code / Title 8 / Article 15.7 / Chapter 14 / Section 8-15.7-14-5
Powers under tollway statute; delegation of powers to authority; eminent domain
Status: in_force

Sec. 5. (a) Subject to subsection (b), the department may exercise any of its powers under IC 8-15-3 as necessary or desirable for the performance of its duties and the execution of its powers under this article. In connection with or in anticipation of the exercise by the authority of any powers granted to the authority by this article, the department may authorize the authority to exercise all or part of the powers of the department under this article as necessary or desirable to accomplish the purposes of this article.

(b) For purposes of subsection (a):

(1) the department's or the authority's use of the power of eminent domain to acquire property or interests in property for a project under this article; and

(2) the rights of property owners who are affected by the authority's use of the power of eminent domain for a project under this article;

are governed by IC 8-15-3, IC 8-23-7, IC 32-24, and any other applicable provision of the Indiana Code as in effect on January 1, 2010, and are not affected by amendments to those statutes enacted after December 31, 2009.

As added by P.L.47-2006, SEC.40. Amended by P.L.85-2010, SEC.21.
Ind. Code § 8-23-9.5-24 — Indiana Code / Title 8 / Article 23 / Chapter 9.5 / Section 8-23-9.5-24
Negotiations with another CMGC or PDB; terminating projects
Status: in_force

Sec. 24. The department may proceed to negotiate a contract under this chapter with another CMGC or PDB, or terminate a project if any of the following occur:

(1) A contract is terminated under section 23 of this chapter.

(2) The department and the selected CMGC or PDB are unable to reach agreement on a contract.

(3) The CMGC or PDB selected under section 18 of this chapter does not provide the required bonds as described in the request for proposals.

As added by P.L.60-2023, SEC.2.
Ind. Code § 8-23-29-5 — Indiana Code / Title 8 / Article 23 / Chapter 29 / Section 8-23-29-5
Payment for study
Status: in_force

Sec. 5. The department shall pay the amount necessary for the study out of any funds available for the purpose.

As added by P.L.208-2014, SEC.1.
Ind. Code § 8-1-8.4-3 — Indiana Code / Title 8 / Article 1 / Chapter 8.4 / Section 8-1-8.4-3
"Energy utility"
Status: in_force

Sec. 3. As used in this chapter, "energy utility" has the meaning set forth in IC 8-1-2.5-2.

As added by P.L.150-2011, SEC.1.
Ind. Code § 8-1-17.5-1 — Indiana Code / Title 8 / Article 1 / Chapter 17.5 / Section 8-1-17.5-1
"Commission"
Status: in_force

Sec. 1. 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.18-2010, SEC.1.
Ind. Code § 8-1-30.8-1 — Indiana Code / Title 8 / Article 1 / Chapter 30.8 / Section 8-1-30.8-1
"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.15-2019, SEC.7.
Ind. Code § 8-6-2.1-2 — Indiana Code / Title 8 / Article 6 / Chapter 2.1 / Section 8-6-2.1-2
Agreements for removal of railroad facilities; relocation and reconstruction of facilities
Status: in_force

Sec. 2. The board may enter into an agreement or agreements with any railroad company for the removal of any track, roadbed, yard, station or other railroad facilities, and provide for the relocation and reconstruction of those facilities or any part of them if the board determines it necessary in connection with an improvement to provide for the abandonment for railroad purposes of any right-of-way, land or other property owned and used or occupied for railroad purposes by any railroad company.

[Pre-Local Government Recodification Citation: 19-5-14-2.]

As added by Acts 1980, P.L.8, SEC.70.
Ind. Code § 8-23-1.1-34 — Indiana Code / Title 8 / Article 23 / Chapter 1.1 / Section 8-23-1.1-34
"Safety rest area"
Status: in_force

Sec. 34. "Safety rest area" means an area or site established and maintained within adjacent areas by or under public supervision or control for the convenience of the traveling public.

As added by P.L.145-2026, SEC.37.
Ind. Code § 8-8-1-14 — Indiana Code / Title 8 / Article 8 / Chapter 1 / Section 8-8-1-14
Employees; death or personal injury; assumption of risk; contributory negligence
Status: in_force

Sec. 14. Any employee of any such common carrier who may be killed or injured by any locomotive, tender, car, similar vehicle, or train in use contrary to the provisions of this chapter, or who shall be killed or injured on account of any of the structures forbidden in sections 11 and 12 of this chapter, shall not be deemed thereby to have assumed the risk thereby occasioned, although continuing in the employment of such carrier after the unlawful use of such locomotive, tender, car, similar vehicle, or train, or the maintenance of such unlawful structures named in sections 11 and 12 of this chapter had been brought to his knowledge, nor shall any such employee be held as having contributed to his injury in any case where the carrier shall have violated any of the provisions of this chapter when such violation contributed to the death or injury of any such employee.

Formerly: Acts 1907, c.118, s.14. As amended by P.L.62-1984, SEC.112.
Ind. Code § 8-23-9-29 — Indiana Code / Title 8 / Article 23 / Chapter 9 / Section 8-23-9-29
Claims against contractors; allowance or rejection
Status: in_force

Sec. 29. Within twenty (20) days of the receipt of a copy under section 27 of this chapter, the contractor shall either allow or reject the claim. The contractor shall notify the department in writing of the allowance or rejection.

As added by P.L.18-1990, SEC.218.
Ind. Code § 8-9.5-9-6 — Indiana Code / Title 8 / Article 9.5 / Chapter 9 / Section 8-9.5-9-6
Investment powers
Status: in_force

Sec. 6. The provisions of this chapter shall not be construed as limiting or restricting the investment powers otherwise provided to the authority.

As added by P.L.55-1994, SEC.1.
Ind. Code § 8-1-2-66 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-66
Investigations; transcript of evidence; admissibility
Status: in_force

Sec. 66. A transcript copy of the evidence and proceedings, or any specific part thereof, on any investigation, taken by the court reporter appointed by the commission, being certified under oath by such court reporter to be a true and correct transcript of all the testimony on the investigation, of a particular witness or of other specific part thereof, carefully prepared by the court reporter from the court reporter's original notes, and to be a correct statement of the evidence and proceedings had on such investigations so purporting to be taken and transcribed, shall be received in evidence with the same effect as if such court reporter were present and testified to the fact so certified.

Formerly: Acts 1913, c.76, s.70. As amended by P.L.9-2025, SEC.7.
Ind. Code § 8-15.7-3-2 — Indiana Code / Title 8 / Article 15.7 / Chapter 3 / Section 8-15.7-3-2
Powers of operator; regulation of user fees
Status: in_force

Sec. 2. An operator has:

(1) all powers allowed by law generally to a private entity having the same form of organization as the operator; and

(2) the power to develop, finance, and operate the qualifying project and impose user fees in connection with the use of the qualifying project.

Tolls or user fees may not be imposed by the operator except as set forth in a public-private agreement. User fees and the setting of user fee rates are not subject to supervision or regulation by any commission, board, bureau, or agency of the state or any municipality, other than the department to the extent set forth in the public-private agreement.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-1-26-18 — Indiana Code / Title 8 / Article 1 / Chapter 26 / Section 8-1-26-18
Operator's duties; notice of intent; design information notice; electronic positive response and acknowledging receipt; color coding of markings; pipeline facilities; alteration of markings; notice of operator's inability to locate and mark facilities
Status: in_force

Sec. 18. (a) Subject to subsection (m), an operator to which the association provides a notice of intent under section 16 of this chapter shall comply with subsection (b) not later than:

(1) 7 a.m. prevailing time on the next working day that follows the elapse of two (2) full working days after the operator receives the notice of intent; or

(2) the starting date and time of the excavation or demolition stated in the notice of intent;

whichever is later.

(b) Subject to subsection (m), an operator to which the association provides a notice of intent under section 16 of this chapter shall do the following:

(1) Supply to the person responsible for the excavation or demolition the following information:

(A) The approximate location and a description of all the operator's underground facilities that may be damaged as a result of the excavation or demolition.

(B) The location and description of all facility markers indicating the approximate location of the underground facilities.

(C) Any other information that would assist that person in locating and avoiding damage to the underground facilities, including providing adequate temporary markings indicating the approximate location of the underground facility and locations where permanent facility markers do not exist.

(2) Provide to the association an electronic positive response.

(c) An operator that receives a notice of intent under section 16 of this chapter and that has underground facilities in the location of the proposed excavation or demolition shall provide an electronic positive response to the association, in the manner prescribed by the association, when the operator has provided the marking information required by this chapter. The association shall provide an operator's electronic positive response under this subsection to the person responsible for the excavation or demolition.

(d) An operator to which the association provides notice under section 16.5 of this chapter of preliminary engineering studies or construction planning activities shall, not later than 7 a.m. prevailing time on the next working day that follows the elapse of ten (10) full working days after the operator receives the notice, do the following:

(1) Do one (1) or more of the following, in accordance with section 16.5(e) of this chapter:

(A) Provide to the person serving the design information notice the approximate location and a description of all the operator's underground facilities that are located in the project area that will be affected by the proposed excavation or demolition.

(B) Allow:

(i) the person serving the design information notice; or

(ii) another authorized person;

to inspect, at a location that is acceptable to the operator, drawings or other records for all of the operator's underground facilities within the project area that will be affected by the proposed excavation or demolition.

(C) Designate with temporary facility markers the location of all of the operator's underground facilities within the project area that will be affected by the proposed excavation or demolition, as identified in the design information notice.

(2) Using maps when appropriate, provide to the person serving the design information notice the location and a description of all facility markers indicating the approximate location of the underground facilities, if applicable.

(3) Using maps when appropriate, provide to the person serving the design information notice any other information that would assist a person in locating the underground facilities during the engineering studies or construction planning activities.

(4) Provide an electronic positive response to the association.

(e) Facility locate markings must consist of paint, flags, or stakes or any combination that mark the approximate location of the underground facilities. The method of marking must be appropriate for the location of the underground facilities.

(f) Color coding of facility locate markings indicating the type of underground facility must conform to the following color coding:

Facility and Type of Product

Specific Group

Identifying Color

(1)

Electric power distribution

and transmission

Safety red

(2)

Municipal electric systems

Safety red

(3)

Gas distribution and

transmission

High visibility

safety yellow

(4)

Oil distribution and

transmission

High visibility

safety yellow

(5)

Dangerous materials, product

lines, steam lines

High visibility

safety yellow

(6)

Communications service

systems

Safety alert orange

(7)

Cable television

Safety alert orange

(8)

Police and fire

communications

Safety alert orange

(9)

Water systems

Safety precaution blue

(10)

Sewer systems

Safety green

(11)

Proposed excavation

White

(g) An operator to which the association provides a notice of intent under section 16 of this chapter and that has no underground facilities in the location of the proposed excavation or demolition shall, not later than:

(1) 7 a.m. prevailing time on the next working day that follows the elapse of two (2) full working days after the operator receives the notice of intent; or

(2) the starting date and time of the excavation or demolition stated in the notice of intent;

whichever is later, provide an electronic positive response to the association indicating that the operator has no underground facilities in the location of the proposed excavation or demolition. The association shall provide the operator's electronic positive response to the person responsible for the excavation or demolition.

(h) An operator to which the association provides notice under section 16.5 of this chapter of preliminary engineering studies or construction planning activities and that has no underground facilities located in the project area that will be affected by the proposed excavation or demolition shall, not later than 7 a.m. prevailing time on the next working day that follows the elapse of ten (10) full working days after the operator receives the notice, provide an electronic positive response to the association indicating that the operator has no underground facilities located in the project area that will be affected by the proposed excavation or demolition. The association shall provide the operator's electronic positive response to the person that served the design information notice.

(i) This section does not apply to an operator making an emergency repair to its own underground facility.

(j) This subsection applies if all of the following occur:

(1) An operator of a pipeline facility is required to supply information, including facility locate markings, under subsection (b) to a person responsible for an excavation or demolition.

(2) The operator of the pipeline facility fails to supply the:

(A) information, including facility locate markings, under subsection (b) to a person responsible for an excavation or demolition; or

(B) electronic positive response to the association under subsection (c).

(3) The operator's pipeline facility is damaged during the excavation or demolition for which the operator was required to supply the information described in subdivision (1).

The operator of the pipeline facility may be subject to a civil penalty in an amount recommended by the advisory committee and approved by the commission, not to exceed one thousand dollars ($1,000).

(k) Subsection (j) does not apply to an operator that:

(1) is repairing its own underground facilities; or

(2) fails to supply required information or provide facility locate markings due to factors beyond the control of the operator.

(l) A person that knowingly moves, removes, damages, or otherwise alters a facility locate marking supplied under this section may be subject to a civil penalty in an amount recommended by the advisory committee and approved by the commission, not to exceed ten thousand dollars ($10,000). This subsection does not apply to a person that moves, removes, damages, or otherwise alters a facility locate marking as part of the excavation or demolition for which the facility locate markings were supplied.

(m) If an operator receives, under section 16 of this chapter, notice of an excavation or demolition and determines that the operator is unable to do either or both of the following, the operator shall notify the person responsible for the excavation or demolition of the operator's determination and shall provide additional information and, if requested, onsite assistance to the person responsible for the excavation or demolition:

(1) Locate and mark the operator's affected underground facilities in the time required by subsection (a).

(2) Mark the approximate location of the operator's affected underground facilities.

(n) A person responsible for an excavation or demolition shall, before commencing the excavation or demolition, provide an affirmative response to the association, in the manner prescribed by the association, acknowledging the person's receipt of the information provided under subsections (c) and (g).

(o) An operator to which the association provides notice under section 16 or 16.5 of this chapter shall provide to the association an electronic positive response:

(1) in the manner prescribed by the association; and

(2) including relevant codes detailing work status;

acknowledging the operator's resolution of the notice. The association shall promptly provide the operator's electronic positive response to the person that served the notice under section 16 or 16.5 of this chapter.

As added by P.L.69-1990, SEC.2. Amended by P.L.62-2009, SEC.15; P.L.200-2014, SEC.5; P.L.122-2017, SEC.6; P.L.53-2024, SEC.8.
Ind. Code § 8-1-8-3 — Indiana Code / Title 8 / Article 1 / Chapter 8 / Section 8-1-8-3
Construction of chapter
Status: in_force

Sec. 3. This chapter shall be construed as supplemental legislation and not as repealing any statutes in force on May 31, 1921.

Formerly: Acts 1921, c.98, s.3. As amended by P.L.59-1984, SEC.61.
Ind. Code § 8-4.5-3-2 — Indiana Code / Title 8 / Article 4.5 / Chapter 3 / Section 8-4.5-3-2
Repealed
Status: repealed

As added by P.L.40-1995, SEC.3. Repealed by P.L.133-2012, SEC.57.
Ind. Code § 8-1-44-17 — Indiana Code / Title 8 / Article 1 / Chapter 44 / Section 8-1-44-17
Expiration
Status: in_force

Sec. 17. This chapter expires July 1, 2035.

As added by P.L.137-2025, SEC.1.
Ind. Code § 8-10-1-30 — Indiana Code / Title 8 / Article 10 / Chapter 1 / Section 8-10-1-30
Rights of bondholders not to be impaired
Status: in_force

Sec. 30. The state pledges and agrees with the holders of any bonds issued under this article that the state will not limit or alter the rights vested in the ports of Indiana to fulfill the terms of any agreements made with the holders or in any way impair the rights or remedies of the holders until the bonds, together with the interest, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of the holders, are fully met and discharged. The ports of Indiana is authorized to include this pledge and agreement of the state in any agreement with the holders of the bonds.

As added by P.L.224-2003, SEC.224 and P.L.271-2003, SEC.24. Amended by P.L.98-2008, SEC.38.
Ind. Code § 8-1.5-5-23 — Indiana Code / Title 8 / Article 1.5 / Chapter 5 / Section 8-1.5-5-23
Approval of bond issuance by unit served by the department; applicability of IC 6-1.1-20
Status: in_force

Sec. 23. (a) The board may not issue any bonds authorized by this chapter until it has secured the approval for the issuance of the bonds from the fiscal body of the unit served by the department.

(b) IC 6-1.1-20 applies to the issuance of bonds under this chapter which are or may be payable from the special benefit property tax.

As added by P.L.125-1987, SEC.1. Amended by P.L.282-2003, SEC.18.
Ind. Code § 8-4-1-2 — Indiana Code / Title 8 / Article 4 / Chapter 1 / Section 8-4-1-2
Shareholders; preemptive rights
Status: in_force

Sec. 2. The shareholders of any railroad company, now organized or to be organized under the laws of this state, shall have no preemptive rights to subscribe to or purchase any additional issues of shares of the capital stock of the corporation of any class nor any shares of the corporation purchased or acquired by the corporation and not canceled but held as treasury stock except to the extent, if any, that such rights shall be fixed and stated in the articles of association.

Formerly: Acts 1852, 1RS, c.83, s.1a; Acts 1957, c.69, s.1. As amended by P.L.136-2018, SEC.85.
Ind. Code § 8-1-27-17 — Indiana Code / Title 8 / Article 1 / Chapter 27 / Section 8-1-27-17
Recovery of costs incurred by utility in implementing measure set forth in plan but disapproved by commission upon review
Status: in_force

Sec. 17. If a public utility cancels the implementation of a measure set forth in an environmental compliance plan as a result of an order issued by the commission under section 18 or 19 of this chapter that withdraws the commission's approval of the inclusion of the measure in the environmental compliance plan, the public utility may, absent fraud, concealment, gross mismanagement, or inadequate quality control, recover:

(1) over a reasonable time; and

(2) through the rates of the public utility;

the costs incurred by the public utility in implementing the measure and a reasonable return on the unamortized balance, to the extent the implementation and the costs were approved previously by the commission. 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.

As added by P.L.76-1991, SEC.1.
Ind. Code § 8-8-10-3 — Indiana Code / Title 8 / Article 8 / Chapter 10 / Section 8-8-10-3
Repealed
Status: repealed

Formerly: Acts 1901, c.99, s.3. Repealed by Acts 1977, P.L.106, SEC.3.
Ind. Code § 8-1-2.2-1 — Indiana Code / Title 8 / Article 1 / Chapter 2.2 / Section 8-1-2.2-1
Findings and purpose
Status: in_force

Sec. 1. Municipalities owning facilities for the distribution of electric power and energy are required by law to provide, and serve a public purpose by providing, customers with an adequate, a reliable, and an economical supply of electric power and energy. Individually, such municipalities or joint agencies are not financially capable of providing the planning, financing, locating, and building of needed new facilities for generation and transmission or operating or managing these facilities. Therefore, the general assembly finds it necessary and proper to provide a method for certain of those municipalities to jointly finance, develop, own, manage, and operate, either by themselves or with public utilities, electric generation and transmission facilities appropriate to the present and projected electric energy needs of such municipalities and to the changes in the electric utility industry affecting these municipalities or joint agencies.

As added by Acts 1980, P.L.68, SEC.1. Amended by P.L.54-1992, SEC.1; P.L.81-1997, SEC.1.
Ind. Code § 8-14.5-2-6 — Indiana Code / Title 8 / Article 14.5 / Chapter 2 / Section 8-14.5-2-6
Costs
Status: in_force

Sec. 6. "Costs" as applied to any project includes any item or cost of a capital nature incurred in the construction of a project, including:

(1) the cost of construction;

(2) the cost of acquisition of all land, rights-of-way, property, rights, easements, and any other legal or equitable interests acquired by the authority for the construction, including the cost of any relocations incident to the acquisition;

(3) the cost of demolishing or removing any buildings, structures, or improvements on property acquired by the authority including the cost of:

(A) acquiring any property to which the buildings, structures, or improvements may be moved; or

(B) acquiring any property which may be exchanged for property acquired by the authority;

(4) financing charges;

(5) costs of issuance of bonds or notes, including costs of credit enhancement, such as bond or note insurance;

(6) remarketing or conversion fees;

(7) bond or note discount;

(8) capitalized interest;

(9) the cost of funding any reserves to secure the payment of bonds or notes;

(10) engineering and legal expenses, costs of plans, specifications, surveys, estimates, and any necessary feasibility studies;

(11) other expenses necessary or incident to determining the feasibility or practicability of constructing any project;

(12) administrative expenses of the authority or the department relating to any project financed by bonds or notes;

(13) reimbursement of the department for:

(A) any cost, obligation, or expense incurred by the department relating to a project;

(B) advances relating to a project from the department to the authority for surveys, borings, preparation of plans and specifications, or engineering services; or

(C) any other cost of construction incurred by the department or paid from advances; and

(14) other expenses the authority finds necessary or incident to the construction of the project, the financing of the construction, and the placing of the project in operation.

As added by P.L.68-1988, SEC.12.
Ind. Code § 8-20-1-35 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-35
Bridges across streams forming county boundary lines
Status: in_force

Sec. 35. (a) Whenever public convenience requires the erection, repair, or purchase of any bridge across a stream forming the boundary line between two (2) or more counties (and in all cases where a stream crosses a public highway forming the boundary line between two (2) or more counties, and where the stream requires a bridge of more than twenty (20) feet in length) the executive of either county may aid in the erection, repair, or purchase of the bridge and shall notify the other county of its intent.

(b) If the executive of the other county also agrees to provide aid, both executives shall, by concurrent resolution, order the preparation of a survey, an estimate, plans, and specifications for presentation at a joint session. The executives shall place the plans and specifications agreed upon at the meeting on file with the auditor of the county that first offered to aid in the erection or repair of the bridge. The auditor shall keep a complete record of all the proceedings relating to the bridge.

(c) If an executive fails, for a period of thirty (30) days after receiving notice, to join in the building, repair, or purchase of the bridge, then the executive of the first county may build, repair, or purchase the bridge, after first obtaining the written consent of the landowner in the adjoining county whose land will be occupied by any part of the bridge.

(d) The county executives shall jointly appoint a person who will supervise the erection or repair of the bridge, subject to rules adopted by the executives. The executives may require the individual supervising the work to give bond in the manner prescribed by IC 5-4-1.

(e) The executives shall fix the appropriation to pay the cost of the improvement in a joint resolution.

(f) If any county refuses to join in the improvement of the bridge, the county desiring the improvements may proceed on its own, and when the cost does not exceed ten thousand dollars ($10,000), the county making the improvement may recover from each adjoining county affected by the improvement the amount that the county should have paid had it joined in the improvement. If the claim is litigated, the judgment shall include a reasonable fee for the plaintiff's attorney.

(g) All executives in advertising for bids, letting contracts, and requiring affidavits and bonds for bidders and contractors shall proceed under IC 36-1-12. Each county shall be the owner of an interest in any bridge erected, repaired, or purchased under this section.

Formerly: Acts 1905, c.167, s.45; Acts 1911, c.220, s.1; Acts 1913, c.74, s.1. As amended by Acts 1981, P.L.57, SEC.25; P.L.86-1988, SEC.187; P.L.113-1989, SEC.10.
Ind. Code § 8-1-3-7 — Indiana Code / Title 8 / Article 1 / Chapter 3 / Section 8-1-3-7
Determination of appeal; remand of proceedings for rehearing; injunctions
Status: in_force

Sec. 7. (a) Upon determination of the appeal, the court shall have jurisdiction to affirm or set aside such decision, ruling, or order of the commission, in whole or in part, or remand the proceeding to the commission with instructions. No evidence beyond that contained in the record of the proceedings before the commission shall be considered or received by the court, except that in cases where issues of confiscation or of constitutional right are involved, the court, on its own motion or verified petition of a party, may order such additional evidence as it deems necessary for the determination of such issues to be taken before the commission and to be received at the hearing before the commission in such manner and upon such terms and conditions as the court shall order.

(b) If a new hearing is ordered under subsection (a), the commission is not required to receive any evidence as to facts which were in existence at the time of the prior commission hearing or hearings, except upon a showing, either to the court in the first instance, or the commission, upon the hearing, that:

(1) the evidence was not available for presentation to the commission prior to the entry of its final decision, ruling, or order, or prior to the determination of the commission upon the petition for rehearing, if a petition for rehearing was filed; and

(2) due diligence was exercised by the party offering the evidence to procure and present the evidence to the commission prior to the entry of its final decision, ruling, or order, or its determination upon the petition for rehearing, if any was filed.

(c) Whenever the court shall order additional evidence to be taken the commission shall promptly hear and report the evidence to the court so that the proof may be brought as nearly as reasonably possible down to the date of its report to the court. The commission may, after hearing such evidence, modify its findings as to facts and its original decision, ruling, or order, and it shall file with the court the amended decision or orders and any modified or new findings.

(d) If the commission modifies or amends its original decision or orders, the appealing party or any other party aggrieved by the modified or amended decision or order may file with the court, within the time allowed by the court, a specification of any errors of law claimed to have been made by the commission in the modified decision or orders. A specification of errors shall be considered by the court in addition to the errors of law asserted in the assignment or assignments of error.

(e) The supreme court and the court of appeals, as the case may be, have jurisdiction, upon application of the commission or any party, to order or enjoin temporarily or permanently the enforcement of any determination, ruling, or order of the commission made in the cause.

(f) The supreme court and the court of appeals, as the case may be, also have jurisdiction upon application of a public utility to issue temporary injunctions protecting the utility in the collection of rates determined by the court to be nonconfiscatory during the pendency of the proceeding and until nonconfiscatory rates are fixed by the commission if existing rates are finally determined to be confiscatory, with appropriate provisions as to bonds and refunds.

Formerly: Acts 1957, c.189, s.7. As amended by P.L.3-1989, SEC.54.