Ind. Code § 8-22-3-10 — Indiana Code / Title 8 / Article 22 / Chapter 3 / Section 8-22-3-10
Proposal and adoption of ordinances
Status: in_force

Sec. 10. (a) A member of the board may introduce a draft of a proposed ordinance at a meeting of the board. A person who introduces a draft shall provide at the time of introduction a written copy of the draft. The board shall assign to each draft a distinguishing number and the date when introduced.

(b) Not more than seven (7) days after the introduction of a draft of an ordinance nor less than seven (7) days before the final passage of a draft of an ordinance, the board shall publish a notice that the proposed ordinance is pending final action by the board. The notice shall be published in each county within the jurisdiction of the board in accordance with IC 5-3-1. Notice of an ordinance establishing a budget must be in accordance with IC 6-1.1-17.

(c) The board shall include in the notice reference to the subject matter of the proposed ordinance and the time and place a hearing will be had and shall indicate that the proposed ordinance is available for public inspection at the office of the board. The board may include in one (1) notice a reference to the subject matter of each draft that is pending and for which notice has not already been given.

(d) An ordinance is not invalid because the reference to the subject matter of the draft was inadequate if it was sufficient to advise the public of the general subject matter of the proposed ordinance.

(e) The board shall, not later than the date of notice, place five (5) copies of the proposed draft on file in the office of the board for public inspection.

(f) At a meeting for which notice has been given as required by this section, the board may take final action on the proposed ordinance or may postpone final consideration of it to a designated meeting in the future without giving additional notice.

(g) Before adopting an ordinance, the board must give an opportunity to persons present at the meeting to give testimony, evidence, or argument for or against the proposed ordinance in person or by counsel, under reasonable rules as to the number of persons who may be heard and time limits that the board adopts.

(h) When an ordinance is adopted, the board shall also designate the effective date of the ordinance. If the board fails to designate the effective date of the ordinance in the record of the proceedings of the board, the ordinance takes effect on the fourteenth day after its passage.

(i) When the board adopts an ordinance, the board shall have copies of it made available to the public.

(j) The board may provide for the printing of the ordinances of the authority in pamphlet form or for bound volumes and may distribute them without charge, or may charge the cost of printing and distribution.

[Pre-Local Government Recodification Citations: 19-6-2-11; 19-6-2-12; 19-6-3-11; 19-6-3-12; 19-6-3-13; 19-6-3-14; 19-6-3.5-12; 19-6-3.5-13.]

As added by Acts 1980, P.L.8, SEC.73. Amended by Acts 1980, P.L.78, SEC.2.
Ind. Code § 8-1-32-1 — Indiana Code / Title 8 / Article 1 / Chapter 32 / Section 8-1-32-1
Applicability of chapter
Status: in_force

Sec. 1. This chapter applies only to a subject area located entirely or partially within:

(1) a city; or

(2) a county having a consolidated city.

As added by P.L.94-2000, SEC.2.
Ind. Code § 8-21-10-3.1 — Indiana Code / Title 8 / Article 21 / Chapter 10 / Section 8-21-10-3.1
Written authorization for installation or modification of structure within surface of public use airport; removal of structure
Status: in_force

Sec. 3.1. (a) As used in this section, "structure" does not mean a tower that is principally used for the attachment of radio communications transmission or reception equipment if the tower and its location:

(1) comply with all Federal Aviation Administration regulations;

(2) comply with section 3 of this chapter; and

(3) are approved by the local zoning board.

(b) As used in this section, "surface" means an airport's primary or approach imaginary surface established by section 8 of this chapter.

(c) Before a person may:

(1) erect;

(2) install; or

(3) modify to add to the height of;

a structure within the surface of a public use airport, the person must obtain a written authorization from the public use airport owner or operator.

(d) The written authorization may contain terms and conditions to ensure aviation safety that are considered necessary by the owner or operator of the public use airport.

(e) A person who obtains written authorization shall strictly comply with any terms and conditions required by the written authorization.

(f) The public use airport owner or operator may require the immediate removal of a structure from a surface if:

(1) the person who obtains written authorization under subsection (c) violates any part of the written authorization; or

(2) the person erecting, installing, or modifying the structure fails to obtain written authorization under subsection (c) from the owner or operator of the public use airport.

(g) Removal of a structure for violation of this section may be immediate and does not require a hearing or notification of the department. The public use airport owner or operator may enlist the aid of law enforcement officers in effecting the removal of the structure.

As added by P.L.96-1998, SEC.2.
Ind. Code § 8-1-7.9-20 — Indiana Code / Title 8 / Article 1 / Chapter 7.9 / Section 8-1-7.9-20
Generation resource submittal; required information; acquisition in accordance with approved EGR plan
Status: in_force

Sec. 20. (a) This section applies to an energy utility that submits to the commission for approval a generation resource submittal in accordance with an approved EGR plan.

(b) An energy utility may submit a generation resource submittal to the commission for approval of an acquisition that the energy utility intends to make in accordance with an approved EGR plan.

(c) In a generation resource submittal under this section, an energy utility must do the following:

(1) Describe:

(A) the type of technology used in the generation resource to be acquired;

(B) the amount of capacity and energy to be acquired;

(C) key contractual terms for the acquisition; and

(D) the estimated acquisition costs.

(2) Demonstrate that the acquisition meets the criteria set forth in the energy utility's approved EGR plan.

(3) Explain how the acquisition is consistent with or differs from the energy utility's most recent integrated resource plan.

(4) Detail the status of customer contracts and commitments that support the acquisition.

(5) Certify that at least thirty (30) days before the filing of the generation resource submittal the energy utility held a pre-filing meeting with the commission and the office of utility consumer counselor to review the acquisition.

(6) Describe how the energy utility considered implementing grid enhancing technologies to defer or minimize the need for additional investment in generation.

(7) Describe how the acquisition will support the provision of electric utility service with the attributes set forth in IC 8-1-2-0.6, including:

(A) reliability;

(B) affordability;

(C) resiliency;

(D) stability; and

(E) environmental sustainability.

(8) Describe how the acquisition reasonably protects existing and future customers and is consistent with:

(A) the provision of safe, reliable, and affordable electric utility service; and

(B) economical rates.

(9) Include supporting affidavits and exhibits.

(10) Include a proposed order for the submittal.

As added by P.L.217-2025, SEC.2.
Ind. Code § 8-1-2-37 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-37
Entry on property; testing meters and measuring instruments
Status: in_force

Sec. 37. The commission, its agents, experts, or examiners shall have power to enter upon any premises occupied by any public utility for the purpose of making the examinations and tests provided in this chapter and to set up and use on such premises any apparatus and appliances and occupy reasonable space therefor.

Formerly: Acts 1913, c.76, s.40. As amended by P.L.59-1984, SEC.20.
Ind. Code § 8-23-31-1 — Indiana Code / Title 8 / Article 23 / Chapter 31 / Section 8-23-31-1
"Department action"; "local news media organization"; notice of department action
Status: in_force

Sec. 1. (a) As used in this chapter, "department action" means one (1) or more of the following:

(1) Detour creation or implementation.

(2) Planned bridge repair.

(3) Planned road repair.

(b) As used in this chapter, "local news media organization" means any entity or organization that:

(1) broadcasts local news on television, radio, or the Internet; or

(2) distributes, prints, or publishes written local news.

(c) Beginning on January 1 of every year, the department shall release a contract let list to at least one (1) local news media organization every one hundred eighty (180) days. The contract let list described in this subsection must list all of the department's scheduled construction projects in the local transportation district for the one hundred eighty (180) day period and the projected letting date for each of the listed construction projects.

As added by P.L.165-2018, SEC.2.
Ind. Code § 8-2.1-17-5.2 — Indiana Code / Title 8 / Article 2.1 / Chapter 17 / Section 8-2.1-17-5.2
"Delivery available period"
Status: in_force

Sec. 5.2. "Delivery available period" means the period of time when a DNC driver is:

(1) logged on to a digital network;

(2) available to receive requests to provide delivery services from a DNC;

(3) operating a personal vehicle; and

(4) not providing delivery services or operating in the delivery service period.

As added by P.L.215-2023, SEC.1.
Ind. Code § 8-2.1-22-12.8 — Indiana Code / Title 8 / Article 2.1 / Chapter 22 / Section 8-2.1-22-12.8
Annual registration; effect of failure to satisfy annual registration requirement
Status: in_force

Sec. 12.8. A carrier that has been issued a certificate to transport household goods or passengers for compensation will be subject to the annual registration receipt requirements under IC 8-2.1-24-20. A carrier that fails to meet the requirements under that provision may have their certificate denied by the department.

As added by P.L.205-2025, SEC.31.
Ind. Code § 8-1-32.3-13 — Indiana Code / Title 8 / Article 1 / Chapter 32.3 / Section 8-1-32.3-13
"Wireless facility"
Status: in_force

Sec. 13. As used in this chapter, "wireless facility" means the set of equipment and network components that are:

(1) owned and operated by a communications service provider; and

(2) necessary to provide wireless communications service.

The term does not include a wireless support structure.

As added by P.L.145-2015, SEC.3. Amended by P.L.261-2017, SEC.6.
Ind. Code § 8-4-7-9 — Indiana Code / Title 8 / Article 4 / Chapter 7 / Section 8-4-7-9
Financing of operation; loans and bond issues
Status: in_force

Sec. 9. Any such union railway company shall have power to borrow money for the purpose of raising means to carry out the powers conferred by this chapter, and may issue coupon or other bonds payable to bearer, bearing interest not exceeding the highest contract rate of interest which may be allowable in this state at the time, such interest to be payable semiannually, and such company may also mortgage its franchises, property, and revenues of every kind then owned or subsequently to be acquired to secure the payment of such loan and interest or of such bonds and interest.

Formerly: Acts 1885, c.20, s.9. As amended by P.L.62-1984, SEC.51.
Ind. Code § 8-1-42-9 — Indiana Code / Title 8 / Article 1 / Chapter 42 / Section 8-1-42-9
Permit authority responsible for enforcing compliance with standards; authority to adopt less restrictive standards or to waive or make less restrictive existing standards; unit's planning and zoning powers not affected
Status: in_force

Sec. 9. (a) A permit authority for a unit described in section 1(a) of this chapter is responsible for enforcing compliance with any standards set forth in sections 10 through 20 of this chapter that apply in the unit under section 1(a) of this chapter.

(b) A unit may:

(1) adopt and enforce a commercial solar regulation that includes standards that:

(A) concern the permitting, construction, installation, siting, modification, operation, or decommissioning of CSE systems in the unit; and

(B) are less restrictive than the standards set forth in this chapter;

(2) waive or make less restrictive any standard set forth in this chapter with respect to any particular:

(A) CSE system; or

(B) project to install one (1) or more CSE systems in the unit; or

(3) waive or make less restrictive any standard that is not set forth in this chapter but that is included in a commercial solar regulation adopted by the unit with respect to any particular:

(A) CSE system; or

(B) project to install one (1) or more CSE systems in the unit.

(c) This chapter does not affect a unit's planning and zoning powers under IC 36-7 with respect to the permitting, construction, installation, or siting of one (1) or more CSE systems in the unit.

As added by P.L.90-2022, SEC.2.
Ind. Code § 8-6-6-2 — Indiana Code / Title 8 / Article 6 / Chapter 6 / Section 8-6-6-2
Repealed
Status: repealed

Formerly: Acts 1911, c.224, s.2. Repealed by Acts 1978, P.L.2, SEC.867.
Ind. Code § 8-1-40-1 — Indiana Code / Title 8 / Article 1 / Chapter 40 / Section 8-1-40-1
"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.264-2017, SEC.6.
Ind. Code § 8-20-1-66 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-66
Repealed
Status: repealed

Formerly: Acts 1905, c.167, s.75; Acts 1907, c.265, s.1; Acts 1929, c.185, s.1. As amended by P.L.66-1984, SEC.130; P.L.86-1988, SEC.212. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-9.5-7-11 — Indiana Code / Title 8 / Article 9.5 / Chapter 7 / Section 8-9.5-7-11
Treasurer; appointment; bond; term; powers and duties
Status: in_force

Sec. 11. (a) The commission shall appoint a person to act as treasurer of the district; he shall give bond in such sum and with any condition prescribed by the commission and with surety to the approval of the commission. The treasurer shall be appointed to serve for a term of one (1) year unless sooner removed for cause. All money payable to the district shall be paid to the treasurer and he shall deposit the same under the provisions of the general laws of the state relating to the deposit of public funds by municipal corporations. He shall keep an accurate account of all appropriations made and all taxes levied by the district, of all money owing or due to the district and of all money received and disbursed. He shall preserve all vouchers for payments and disbursements made.

(b) The treasurer shall issue all warrants for the payment of money from the funds of the district, but no warrant shall be issued for the payment of any claim until such claim has been allowed in accordance with the procedure prescribed by the regulations of the commission. All warrants shall be countersigned by the president. Whenever the treasurer is called upon to issue any warrant, he shall have the power to require evidence that the amount claimed is justly due and in conformity with law and for that purpose may summon before him any officer, agent or employee of the district, or other person, and examine him on oath or affirmation relating thereto, which oath or affirmation the treasurer may administer.

As added by Acts 1982, P.L.77, SEC.1.
Ind. Code § 8-23-1.1-4 — Indiana Code / Title 8 / Article 23 / Chapter 1.1 / Section 8-23-1.1-4
"Adjacent area"
Status: in_force

Sec. 4. "Adjacent area" means an area that is adjacent to and within six hundred sixty (660) feet of the nearest edge of the right-of-way of an interstate or primary highway.

As added by P.L.145-2026, SEC.37.
Ind. Code § 8-15-2-5.2 — Indiana Code / Title 8 / Article 15 / Chapter 2 / Section 8-15-2-5.2
Prohibition of sale, conveyance, or mortgage
Status: in_force

Sec. 5.2. The authority may not sell, convey, or mortgage a toll road project.

As added by P.L.47-2006, SEC.10.
Ind. Code § 8-1-46-1 — Indiana Code / Title 8 / Article 1 / Chapter 46 / Section 8-1-46-1
"Average monthly residential bill"
Status: in_force

Sec. 1. (a) As used in this chapter, "average monthly residential bill", with respect to an electricity supplier, means the average total monthly charges billed, over the course of a calendar year, to all customers receiving retail electric service under the electricity supplier's standard residential tariff.

(b) The term includes the following charges:

(1) Fixed service charges.

(2) Energy charges based on the amount of electricity provided to or consumed by the customer during the billing cycle.

(3) Additional charges or credits, including any applicable rate adjustment mechanisms approved by the commission.

(4) Taxes.

As added by P.L.36-2026, SEC.10.
Ind. Code § 8-1-31.6-16 — Indiana Code / Title 8 / Article 1 / Chapter 31.6 / Section 8-1-31.6-16
Commission to adopt rules
Status: in_force

Sec. 16. The commission shall adopt rules under IC 4-22-2 to implement this chapter.

As added by P.L.137-2020, SEC.14.
Ind. Code § 8-1-8.8-5 — Indiana Code / Title 8 / Article 1 / Chapter 8.8 / Section 8-1-8.8-5
"Costs associated with qualified utility system property"
Status: in_force

Sec. 5. As used in this chapter, "costs associated with qualified utility system property" means capital, operation, maintenance, depreciation, tax costs, and financing costs of or for qualified utility system property.

As added by P.L.159-2002, SEC.6.
Ind. Code § 8-4-10-6 — Indiana Code / Title 8 / Article 4 / Chapter 10 / Section 8-4-10-6
Certificate of organization and route description; general powers and duties
Status: in_force

Sec. 6. Such person or persons or company of persons, who shall determine to construct such lateral railroad, shall make out, under oath a certificate of the name or names of such person or persons, or company of persons, setting out the beginning, termination, and length of said proposed lateral railroad, and file the same in the recorder's office in the county or counties in which said road is located; and shall have the power and capacity to contract and be contracted with, to sue and to be sued, and generally to exercise such powers and perform such acts and duties as may be necessary and proper to carry out the purposes contemplated by this chapter; and in cases of sale or assignment, the purchasers, assignees, or lessees thereof shall file the same in such recorder's office; and such certificate of organization, sale, or assignment shall be, by the recorder, recorded in the proper record of his office; and for all services aforesaid, such recorder shall be entitled to receive fifteen cents ($.15) for each one hundred (100) words.

Formerly: Acts 1869(ss), c.46, s.6. As amended by P.L.62-1984, SEC.58.
Ind. Code § 8-1.5-1-4 — Indiana Code / Title 8 / Article 1.5 / Chapter 1 / Section 8-1.5-1-4
"Disposition"
Status: in_force

Sec. 4. "Disposition" includes the sale, lease, exchange, or other transfer of property.

As added by Acts 1982, P.L.74, SEC.1.
Ind. Code § 8-1-32-11 — Indiana Code / Title 8 / Article 1 / Chapter 32 / Section 8-1-32-11
Maintenance responsibilities
Status: in_force

Sec. 11. (a) Upon completion of a project, the local public utility shall be responsible for operating and maintaining:

(1) the mains installed; and

(2) any portion of the connecting service lines that are located in a public right-of-way.

(b) Upon completion of a project, each property owner shall be responsible for maintaining, repairing, and replacing, if necessary, the portion of the service line on the property served that is not required to be serviced by the local public utility under subsection (a).

As added by P.L.94-2000, SEC.2.
Ind. Code § 8-1-47-3 — Indiana Code / Title 8 / Article 1 / Chapter 47 / Section 8-1-47-3
"Low income customer"
Status: in_force

Sec. 3. As used in this chapter, "low income customer" refers to a residential customer who is part of a household that:

(1) has agreed to pay for utility service from an electricity supplier; and

(2) is eligible for and has applied for assistance from a home energy assistance program administered under IC 4-4-33.

As added by P.L.36-2026, SEC.11.
Ind. Code § 8-14.5-2-1 — Indiana Code / Title 8 / Article 14.5 / Chapter 2 / Section 8-14.5-2-1
Applicability of definitions
Status: in_force

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

As added by P.L.68-1988, SEC.12.
Ind. Code § 8-14-14-5 — Indiana Code / Title 8 / Article 14 / Chapter 14 / Section 8-14-14-5
Establishment of fund; administration
Status: in_force

Sec. 5. (a) The major moves construction fund is established for the purpose of:

(1) funding projects, other than passenger or freight railroad systems as described in IC 8-15.7-2-14(a)(4), under IC 8-15.7 or IC 8-15-3;

(2) funding other projects in the department's transportation plan; and

(3) funding distributions under sections 6 and 7 of this chapter.

(b) The fund shall be administered by the department.

(c) Notwithstanding IC 5-13, the treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as money is invested by the Indiana public retirement system under IC 5-10.3-5. However, the treasurer of state may not invest the money in the fund in equity securities. The treasurer of state may contract with investment management professionals, investment advisors, and legal counsel to assist in the investment of the fund and may pay the state expenses incurred under those contracts from the fund. Interest that accrues from these investments shall be deposited in the fund.

(d) The fund consists of the following:

(1) Distributions to the fund from the toll road fund under IC 8-15.5-11.

(2) Appropriations to the fund.

(3) Gifts, grants, loans, bond proceeds, and other money received for deposit in the fund.

(4) Revenues arising from:

(A) a tollway under IC 8-15-3 or IC 8-23-7-22; or

(B) a toll road under IC 8-15-2 or IC 8-23-7-23;

that the department designates as part of, and deposits in, the fund.

(5) Payments, other than payments for passenger or freight railroad systems as described in IC 8-15.7-2-14(a)(4), made to the authority or the department from operators under IC 8-15.7.

(6) Any money transferred to the fund under IC 8-14-14.1-4.

(7) Interest, premiums, or other earnings on the fund.

(e) The fund is considered a trust fund for purposes of IC 4-9.1-1-7. Money may not be transferred, assigned, or otherwise removed from the fund by the state board of finance, the budget agency, or any other state agency.

(f) Money in the fund at the end of a state fiscal year does not revert to the state general fund.

(g) Money in the fund must be appropriated by the general assembly to be available for expenditure.

As added by P.L.47-2006, SEC.5. Amended by P.L.203-2007, SEC.2; P.L.35-2012, SEC.95; P.L.201-2014, SEC.1; P.L.189-2018, SEC.73.
Ind. Code § 8-21-12-14 — Indiana Code / Title 8 / Article 21 / Chapter 12 / Section 8-21-12-14
Eminent domain; public utility property
Status: in_force

Sec. 14. (a) The authority may exercise the power of eminent domain to carry out this chapter and may award damages to landowners for real estate and property rights appropriated. If the authority cannot agree with the owners, lessees, or occupants of real estate selected by the authority for the purposes in this chapter, the authority may procure the condemnation of the property. The authority may proceed under IC 32-24-1. IC 32-24-1 applies to airports, landing fields, districts, and restricted zones adjoining them to the extent that IC 32-24-1 is not inconsistent with this chapter.

(b) If:

(1) it is necessary to establish and fix a restricted zone on and across land that:

(A) is already in use for another public purpose; or

(B) has been condemned or appropriated for a use authorized by statute; and

(2) the land is being used for that purpose by the corporation so appropriating it;

the public use or prior condemnation does not bar the right of the authority to condemn the use of ground for aviation purposes. Use by the authority does not permanently prevent the use of the land for the prior public use or by the corporation condemning or appropriating it.

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

As added by P.L.28-1991, SEC.2. Amended by P.L.2-2002, SEC.45.
Ind. Code § 8-1.5-5-17 — Indiana Code / Title 8 / Article 1.5 / Chapter 5 / Section 8-1.5-5-17
Proposed projects; resolution; notice to property owners; preadoption contracts for purchase
Status: in_force

Sec. 17. (a) If, upon investigation, the board finds that:

(1) the storm water system is insufficient to furnish the necessary collection and disposal of storm water to properly protect the public health and welfare and safeguard the property within the district; or

(2) it is necessary to acquire, construct, rebuild, repair, extend, and improve the storm water system and equipment, to acquire lands, or to construct, erect, or acquire other systems and other structures and equipment appurtenant to them;

the board shall prepare maps, plans, specifications, and drawings with full details and descriptions for the proposed work, together with an estimate of the cost. The board shall also prepare a description of all property rights necessary to be acquired in connection with the proposed work and the manner in which the rights are to be acquired, whether by purchase or appropriation, along with a description of any other property that may be injuriously affected, together with the estimated cost.

(b) The board shall then adopt a resolution approving the project by:

(1) declaring that it is necessary for the protection of the public health and welfare of the inhabitants of the storm water district and the safeguarding of the property within the district;

(2) declaring that it is of public utility and benefit;

(3) appropriating the property described in the resolution;

(4) stating the maximum proposed cost of any land to be purchased; and

(5) adopting plans, maps, specifications, drawings, details, descriptions, and estimates.

(c) If the resolution is adopted, the board shall publish a notice in accordance with IC 5-3-1 of the adoption of the resolution and of the fact that plans, specifications, and estimates have been prepared and can be inspected. The notice must also name a date, not less than ten (10) days after the date of the last publication, when the board will receive or hear remonstrances from the persons interested in, or affected by, the resolution, and when it will determine the public utility and benefit of the project. Notice shall be mailed to the owners of all property appropriated by the resolution. If a landowner is a nonresident and the landowner's place of residence is known, a notice shall be mailed to the nonresident owner. If the nonresident owner's residence is unknown to the board, then the owner is considered notified of the pendency of the proceedings by the publication of notice.

(d) Separate descriptions of each piece or parcel of land are not required in the resolution and notice, but it is a sufficient description of the property purchased or to be purchased, or to be appropriated or damaged, to give a description of the entire tract, whether it is one (1) or more lots or parcels and whether it is owned by one (1) or more persons.

(e) All persons affected by the proceedings, including all taxpayers in the storm water district, are considered to be notified of the proceedings and all subsequent acts, hearings, adjournments, and orders of the board by the original publication of notice.

(f) The board may, before adoption of the resolution, obtain from the owners of the property an option for its purchase or may enter into a contract for its purchase after an appraisal by two (2) qualified land appraisers. An option or contract is subject to the final action of the board confirming, modifying, or rescinding the resolution.

As added by P.L.125-1987, SEC.1.
Ind. Code § 8-23-18-4 — Indiana Code / Title 8 / Article 23 / Chapter 18 / Section 8-23-18-4
Tax delinquent lands; acquisition
Status: in_force

Sec. 4. Whenever the real property or right in real property sought to be acquired by the department is real property, or a right or interest in real property that was acquired by the county, municipality, or political subdivision after the real property or right had been unsuccessfully offered for sale for delinquent taxes, and had been acquired by or for the county for the delinquent taxes under the law the purchase price or condemnation award paid by the department to the county, municipality, or political subdivision may not exceed the amount of the delinquent and general taxes due at the time it was acquired by the county, municipality, or political subdivision, excluding penalties and not including any current taxes becoming due and payable in the year in which acquired by the state for highway use. A county shall convey and transfer real property, a right or interest in real property to the state for the use of the department for consideration whenever requested to do so by the department. The consideration paid by the department shall be distributed among the several subdivisions of government in the manner provided by IC 6-1.1, as other collections of delinquent taxes are distributed.

As added by P.L.18-1990, SEC.227.
Ind. Code § 8-6-2.1-31 — Indiana Code / Title 8 / Article 6 / Chapter 2.1 / Section 8-6-2.1-31
Special tax levy
Status: in_force

Sec. 31. (a) In order to raise money to pay all bonds issued under section 29 of this chapter, including interest, the common council of the city shall levy each year a special tax upon all of the taxable property, both real and personal, located within the territorial limits of the special taxing district, in such manner as to pay the principal of the bonds as they severally mature, together with all accruing interest.

(b) The tax levied shall be collected by the county treasurer in the same manner as other taxes are collected. As the tax is distributed to the controller or clerk-treasurer it shall be deposited in a separate fund, to be known as the grade separation or railroad relocation and reconstruction bond fund, and shall be applied to the payment of the special taxing district bonds and interest as they severally mature, and to no other purposes. All accumulation of the fund prior to its use for the payment of the bonds and interest shall be deposited in the depository or depositories of other public funds in the city.

[Pre-Local Government Recodification Citation: 19-5-14-31.]

As added by Acts 1980, P.L.8, SEC.70.
Ind. Code § 8-15.7-14-3 — Indiana Code / Title 8 / Article 15.7 / Chapter 14 / Section 8-15.7-14-3
Payment of amounts owed from available funds
Status: in_force

Sec. 3. The authority or the department may pay the costs incurred under a public-private agreement entered into under this article from any funds legally available to the authority or the department under this article or any other statute.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-21-1-11 — Indiana Code / Title 8 / Article 21 / Chapter 1 / Section 8-21-1-11
Repealed
Status: repealed

Formerly: Acts 1945, c.360, s.11; Acts 1975, P.L.93, SEC.11. As amended by Acts 1980, P.L.74, SEC.314. Repealed by Acts 1982, P.L.1, SEC.71.
Ind. Code § 8-22-3-13 — Indiana Code / Title 8 / Article 22 / Chapter 3 / Section 8-22-3-13
Damages for breach of agreements; penalties for violations; injuries to properties; publication of rules and regulations
Status: in_force

Sec. 13. The board may take action to recover damages for the breach of an agreement, express or implied, relating to the operation, control, leasing, management, or improvement of the property under its control, to impose the penalties for the violation of ordinances or of its rules or regulations, and for injury to the personal or real property under its control, and to recover possession of any such property. All rules and regulations that the board adopts under this chapter shall be published in accordance with IC 5-3-1.

[Pre-Local Government Recodification Citations: 19-6-2-15; 19-6-3-18; 19-6-3.5-17.]

As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.81-1996, SEC.11.
Ind. Code § 8-1-19-2 — Indiana Code / Title 8 / Article 1 / Chapter 19 / Section 8-1-19-2
Verified showing; hearing; order for receivership
Status: in_force

Sec. 2. If any telephone company shall violate any provision of law, or any rule or order of the commission or of any other lawful authority or shall fail to perform any duty imposed upon it by law or by any such rule or order, then, and in that event, in addition to all other remedies provided by law, the commission may, in a proper case, file a verified showing in any circuit court, superior court, or probate court in this state wherein is located the main or principal office or place of business of any telephone company, that such telephone company has failed, neglected, or refused to comply with such provision of law or with an order or requirement of said commission or other lawful authority and that the users of the telephone service furnished by such telephone company, or the public, will be damaged or injured by the continued noncompliance with such law, order or requirement, and that it would be to the interest of the public, that on ten (10) days notice to such telephone company the court should appoint a receiver to operate said telephone company and to render such service or to comply with such law, order, or requirement of the said commission or other lawful authority. Such court may, upon such showing, appoint a receiver for such purpose who shall thereupon qualify as other receivers are qualified and shall thereupon have and exercise the same rights and be subject to the same duties and obligations as now provided by law for public utilities. Such receivership shall be continued, until it is found by the court that said telephone company will, in all reasonable probability, comply in the future with all rules and orders applicable thereto. Such finding shall be entered only after hearing upon notice to the commission. In construing and enforcing the provisions of this section, the act, omission, or failure of any officer, agent, or other person acting for or employed by any public utility acting within the scope of the officer's, agent's, or person's employment shall in every case be deemed to be the act, omission, or failure of such public utility.

Formerly: Acts 1947, c.270, s.2. As amended by P.L.23-1988, SEC.57; P.L.84-2016, SEC.34.
Ind. Code § 8-10-1-15 — Indiana Code / Title 8 / Article 10 / Chapter 1 / Section 8-10-1-15
Refunding bonds
Status: in_force

Sec. 15. The ports of Indiana is hereby authorized to provide by resolution for the issuance of refunding bonds of the state payable solely from revenues for the purpose of refunding any bonds then outstanding which shall have been issued under the provisions of section 13 of this chapter or IC 8-10-4-2, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such bonds, and, if deemed advisable by the ports of Indiana, for the additional purpose of constructing improvements, extensions, or enlargements of the port or project in connection with which the bonds to be refunded shall have been issued. The issuance of such bonds, the maturities and other details thereof, the rights of the holders thereof and the rights, duties and obligations of the ports of Indiana in respect of the same, shall be governed by the provisions of this article insofar as the same may be applicable.

Formerly: Acts 1961, c.11, s.15. As amended by P.L.66-1984, SEC.6; P.L.224-2003, SEC.215 and P.L.271-2003, SEC.15; P.L.98-2008, SEC.25.
Ind. Code § 8-2.1-22-23 — Indiana Code / Title 8 / Article 2.1 / Chapter 22 / Section 8-2.1-22-23
Tariffs showing rates and services; filing and publication; compliance; change in fare or practice
Status: in_force

Sec. 23. (a) Every intrastate common carrier by motor vehicle shall file with the department, and print and keep open to public inspection, tariffs showing all rates, fares, charges for transportation, and all service in connection therewith, of passengers or household goods in intrastate commerce between points:

(1) on its own route; or

(2) on the route of any other common carrier;

when and as through routes and joint rates are established.

(b) The department may prescribe the form and manner in which the tariffs shall be published and may reject any tariff filed with it that is not in compliance with this section. When so rejected, the tariff is void, and its use shall be unlawful.

(c) A common carrier by motor vehicle shall not charge, demand, collect, or receive a greater or less or different compensation for transportation or for any service in connection therewith between points enumerated in the tariff than the rates, fares, and charges specified in the tariffs in effect at the time. A carrier shall not refund or remit in any manner or by any device, directly or indirectly, personally or by agent, any portion of rates, fares, or charges so specified, and shall not extend to any person any facilities for transportation except as are specified in its tariffs.

(d) A change may not be made in any fare, charge, rule or practice for or in connection with the transportation of passengers or household goods except after thirty (30) days notice of the proposed change. The notice must plainly state the change proposed to be made and the effective date of the change. The department, upon complaint or upon the department's own motion, may suspend any tariff making any changes provided in this chapter within twenty (20) days after the filing of the tariff and not thereafter.

(e) The department may, for good cause shown, allow changes upon notice in less time than specified and permit tariffs to be filed and become effective in particular instances on shorter notice than stated in subsection (d).

(f) Whenever the carrier operating a local transportation system wholly within one (1) county files a tariff or schedule of increased rates or fares affecting its patrons in any municipality in which the carrier renders service, the carrier shall give notice by registered mail, on the date the tariff is filed with the department, to the executive and legislative body of the municipality and shall enclose a copy of the tariff filed with the department.

(g) A common carrier by motor vehicle shall not engage in the transportation of passengers or household goods unless the tariffs have been filed and published in accordance with this chapter.

As added by P.L.99-1989, SEC.13. Amended by P.L.110-1995, SEC.18; P.L.205-2025, SEC.38.
Ind. Code § 8-8-7-6 — Indiana Code / Title 8 / Article 8 / Chapter 7 / Section 8-8-7-6
Violations
Status: in_force

Sec. 6. A common carrier that violates this chapter commits a Class C infraction.

Formerly: Acts 1911, c.60, s.6. As amended by Acts 1978, P.L.2, SEC.829.
Ind. Code § 8-10-5-4 — Indiana Code / Title 8 / Article 10 / Chapter 5 / Section 8-10-5-4
Surveys and examinations; dissolution of authority
Status: in_force

Sec. 4. Any municipal corporation or county creating or participating in the creation of a port authority may expend funds not otherwise appropriated to defray the expense of surveys and examinations incidental to the purposes of the port authority so created.

Subject to making due provisions for payment and performance of its obligations, a port authority may be dissolved by the subdivision or subdivisions creating it, and in such event the properties of the port authority shall be transferred to the subdivision creating it, or if created by more than one subdivision, to the subdivision creating it in such manner as may be agreed upon between such subdivisions.

Formerly: Acts 1959, c.343, s.4.
Ind. Code § 8-15.7-14-6 — Indiana Code / Title 8 / Article 15.7 / Chapter 14 / Section 8-15.7-14-6
Impairment of public-private agreement prohibited
Status: in_force

Sec. 6. The authority or the department may not take any action under this chapter that would impair the public-private agreement entered into under this article.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-1-42-12 — Indiana Code / Title 8 / Article 1 / Chapter 42 / Section 8-1-42-12
Fencing
Status: in_force

Sec. 12. Except as otherwise allowed by IC 36-7-4-1109, if a project owner installs a CSE system in a unit, the project owner shall completely enclose the CSE system with fencing that is at least six (6) feet high.

As added by P.L.90-2022, SEC.2.
Ind. Code § 8-14.5-1-1 — Indiana Code / Title 8 / Article 14.5 / Chapter 1 / Section 8-14.5-1-1
Findings of fact
Status: in_force

Sec. 1. The general assembly makes the following findings of fact:

(1) That there exists in Indiana a need for construction, acquisition, reconstruction, improvement, and extension of transportation systems in order to provide for the public welfare and safety by providing safe, dependable, and reliable transportation systems for vehicular traffic.

(2) That the development and maintenance of Indiana's economy requires an adequate transportation system in order to provide for the public welfare and to facilitate the creation and maintenance of jobs, the increase and stabilization of the tax base, and the general economic welfare of the state and its citizens.

(3) That it is necessary to serve the public interest and to provide for the public welfare by adopting this article for the purposes described in this article.

As added by P.L.68-1988, SEC.12.
Ind. Code § 8-1-7.9-11 — Indiana Code / Title 8 / Article 1 / Chapter 7.9 / Section 8-1-7.9-11
"Office"
Status: in_force

Sec. 11. As used in this chapter, "office" refers to the Indiana office of energy development established by IC 4-3-23-3.

As added by P.L.217-2025, SEC.2.
Ind. Code § 8-16-11-3 — Indiana Code / Title 8 / Article 16 / Chapter 11 / Section 8-16-11-3
Repealed
Status: repealed

Formerly: Acts 1911, c.256, s.3. As amended by P.L.66-1984, SEC.78. Repealed by P.L.86-1988, SEC.227.
Ind. Code § 8-14-15.1-15 — Indiana Code / Title 8 / Article 14 / Chapter 15.1 / Section 8-14-15.1-15
Violations; attorney general petitions
Status: in_force

Sec. 15. (a) This section applies to the authority, the board, the treasurer of state, and any other person that does any of the following with respect to the trust established under this chapter:

(1) Commits a breach of the trust.

(2) Violates the mandate of the trust or the trust agreement.

(3) Violates a duty imposed by this chapter or the trust agreement.

(b) The attorney general may petition a court to impose one (1) or more of the following remedies for a breach or violation enumerated in subsection (a):

(1) Injunctive relief.

(2) Appointment of temporary receivers.

(3) Permanent removal of any person serving on the board.

(4) Appointment of a permanent replacement for any person serving on the board pending approval of a replacement by the governor.

Any remedy under this subsection is in addition to any other remedy available at law or in equity.

As added by P.L.217-2017, SEC.69.
Ind. Code § 8-25-7-3 — Indiana Code / Title 8 / Article 25 / Chapter 7 / Section 8-25-7-3
Establishment of foundation; purposes
Status: in_force

Sec. 3. The board shall establish a foundation that is organized as a nonprofit corporation that is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code to solicit and accept private funding, gifts, donations, bequests, devises, and contributions to meet the requirements of IC 8-25-3-6(a).

As added by P.L.153-2014, SEC.17.
Ind. Code § 8-6-7.7-4 — Indiana Code / Title 8 / Article 6 / Chapter 7.7 / Section 8-6-7.7-4
Warning signals; costs; installation; time; civil penalties
Status: in_force

Sec. 4. (a) The Indiana department of transportation, whenever it orders the construction, installation, replacement, relocation, modernization, or improvement of automatic train-activated warning signals, may prescribe the division of the costs of the equipment, the installation of the equipment, the construction, and the operation and maintenance of the equipment between the railroad and the public. The share of the costs allocated to the public shall be paid with funds appropriated to the department for such purpose. In allotting the costs, IC 8-23-5-2 applies except as provided in subsections (b) through (c).

(b) Whenever a grade crossing not protected by automatic warning signals is ordered so protected, the department shall prescribe the division of the cost of the equipment, its installation, its operation and maintenance, and its construction between the railroad involved and the public, giving due regard to the net benefits received by the parties, and the causes creating the need for signals at the crossing.

(c) The physical work of constructing, installing, replacing, relocating, modernizing, or improving, and thereafter operating and maintaining automatic warning signals under order of the department shall be performed by the railroad involved. All orders of the department relating to the signals shall provide for allocation among the parties involved for the extraordinary costs of signal repair or replacement if they are damaged or destroyed by accident or external causes.

(d) When the department orders the railroad to proceed with the construction, installation, relocation, modernization, or replacement of automatic signals at a grade crossing, the department shall order the railroad involved to complete the construction, installation, relocation, modernization, or replacement of signals not later than twelve (12) months after the date of the order.

(e) A railroad may request the department for additional time to complete the construction, installation, relocation, modernization, or replacement of signals specified in the department's order under subsection (d). The railroad shall submit the request for additional time in writing to the department. The request shall specifically set forth the basis for the railroad's need for additional time to complete the work. The department's decision to grant or deny a request for additional time is not subject to review under IC 4-21.5.

(f) If the railroad fails to complete the construction, installation, relocation, modernization, or replacement of signals by the date specified:

(1) in the department's order under subsection (d); or

(2) by the department if a request for additional time is granted by the department under subsection (e);

the department may assess a civil penalty against the railroad of not more than one thousand dollars ($1000) for each day the construction, installation, relocation, modernization, or replacement of signals is late.

(g) All civil penalties collected under this section shall be deposited with the treasurer of state to be deposited by the treasurer of state in the railroad grade crossing fund created under IC 8-6-7.7-6.1.

Formerly: Acts 1973, P.L.66, SEC.1. As amended by P.L.97-1985, SEC.1; P.L.384-1987(ss), SEC.68; P.L.18-1990, SEC.78; P.L.87-1997, SEC.3.
Ind. Code § 8-15.7-11-3 — Indiana Code / Title 8 / Article 15.7 / Chapter 11 / Section 8-15.7-11-3
Application of traffic and motor vehicle laws
Status: in_force

Sec. 3. (a) The traffic and motor vehicle laws of Indiana or, if applicable, any local jurisdiction apply to conduct on a qualifying project to the same extent as they apply to conduct on similar projects in Indiana or the local jurisdiction.

(b) Punishment for infractions and offenses shall be as prescribed by law for conduct occurring on similar projects in Indiana or the local jurisdiction.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-10-9-6 — Indiana Code / Title 8 / Article 10 / Chapter 9 / Section 8-10-9-6
Board of directors; members
Status: in_force

Sec. 6. (a) The district shall be governed by a board of directors consisting of seven (7) members, four (4) of whom are appointed by the executive of the city in which the district is formed, two (2) of whom are appointed by the governor, and one (1) of whom is appointed by the legislative body of the city in which the district is formed.

(b) Members of the board serve terms of three (3) years. A member's term may be extended by any partial term to which the member was appointed to fill a vacancy.

(c) Five (5) members of the board of directors must be qualified electors of the city in which the district is formed. Two (2) members need not be residents of the city in which the district is formed but shall be representatives of property owners of land that borders waterways within the district. One (1) of the two (2) members shall be among the members appointed by the mayor, and one (1) shall be among the members appointed by the governor.

(d) The appointing authority shall fill all vacancies of members appointed by that authority.

As added by P.L.56-1994, SEC.2.
Ind. Code § 8-1.5-5-12 — Indiana Code / Title 8 / Article 1.5 / Chapter 5 / Section 8-1.5-5-12
Assumption and payment of liability upon acquisition of storm water system
Status: in_force

Sec. 12. (a) If the board acquires a storm water system and assumes the liability incurred by the seller to construct the storm water system, the principal and interest on the liability so assumed shall be paid from the bond and interest redemption account in the same manner as bonds of the district would be paid, and the board shall set aside sufficient revenues to comply with the requirements of the instrument creating the liability.

(b) A unit acquiring a storm water system may not assume any liability for the payment of a secured debt or charge other than the obligation to apply the revenues in the manner prescribed in the ordinance.

(c) The board may issue bonds in exchange for, or satisfaction of, the liability assumed in the acquisition of a storm water system. The bonds so issued may not be issued at less than ninety-seven percent (97%) of the par value thereof in exchange for, or satisfaction of, the liability. Notwithstanding section 13(c) of this chapter, bonds issued in exchange for, or satisfaction of, the liability need not be sold in accordance with IC 5-1-11. However, the interest rate on such bonds may not exceed the average yield on municipal revenue bonds of comparable credit rating and maturity as of the end of the week immediately preceding the issuance of the bonds.

As added by P.L.125-1987, SEC.1. Amended by P.L.282-2003, SEC.11.
Ind. Code § 8-15.7-9-3 — Indiana Code / Title 8 / Article 15.7 / Chapter 9 / Section 8-15.7-9-3
Sources for payment of lease rentals by department
Status: in_force

Sec. 3. The department shall pay lease rentals for leases that the department has entered into under this chapter that secure bonds issued under this chapter from any legally available revenues, including:

(1) payments received from an operator;

(2) federal highway revenues, subject to the limitations in IC 8-14.5-7;

(3) distributions from the state highway fund; and

(4) other funds available to the department for such purpose.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-1-42-19 — Indiana Code / Title 8 / Article 1 / Chapter 42 / Section 8-1-42-19
CSE system's failure to generate electricity; presumed abandonment; required removal of project assets; project owner's failure to remove assets; removal of assets by permit authority; recovery of costs
Status: in_force

Sec. 19. (a) If a CSE system installed in a unit does not generate electricity for eighteen (18) consecutive months:

(1) the CSE system is considered abandoned as of the date that is five hundred forty (540) days after the date on which the CSE system last generated electricity; and

(2) all CSE system project assets shall be removed in accordance with section 18(c) of this chapter not later than one (1) year after the date of abandonment specified in subdivision (1).

(b) In the case of abandonment, as described in subsection (a), if the project owner fails to remove the CSE system project assets not later than one (1) year after the date of abandonment, as required by subsection (a)(2), the permit authority may engage qualified contractors to:

(1) enter the project site;

(2) remove the CSE system project assets;

(3) sell any assets removed; and

(4) remediate the site;

and may initiate proceedings to recover any costs incurred.

As added by P.L.90-2022, SEC.2.
Ind. Code § 8-1.5-5-3.5 — Indiana Code / Title 8 / Article 1.5 / Chapter 5 / Section 8-1.5-5-3.5
"District" defined
Status: in_force

Sec. 3.5. As used in this chapter, "district" means the special taxing district established by section 5 of this chapter.

As added by P.L.93-1993, SEC.5 and P.L.98-1993, SEC.3.
Ind. Code § 8-4-26-1 — Indiana Code / Title 8 / Article 4 / Chapter 26 / Section 8-4-26-1
Notice; procedure
Status: in_force

Sec. 1. If any railroad company has heretofore executed, or may hereafter execute, any mortgage upon the whole or any portion of their road, it shall be lawful for such company, with the consent of persons owning a majority of the capital stock of such company, to settle and compromise with such mortgagees, and release and convey to such mortgagees or creditors for whose benefit such mortgage is or may be held such part of the road mortgaged, and upon such terms as may be agreed upon; and thereafter such vendees, by such name as they may assume, shall possess, own, and enjoy all the rights, privileges and immunities of said company over the part of the road so conveyed; and no act or omission of the company making the conveyance shall work a forfeiture of their franchises over that part of the road so conveyed. And such vendees, by the name by them assumed, shall be a body corporate and politic, with the rights, privileges, franchises and immunities as aforesaid, and may issue stock not exceeding twenty thousand dollars ($20,000) per mile, and sell the same, and issue certificates therefor, which shall be assignable upon such terms as they may prescribe; and if from any cause there shall be any failure of the title to any right of way, or when the title thereto has not been acquired, upon which any railroad of this state is now constructed, it shall be lawful for the company owning the road, or for the party owning such lands upon which any part of the road is constructed, to apply to the proper court for the writ of assessment or damages, and have the damages which the owner of said property has sustained or may sustain by reason of the taking, use and occupancy thereof by the company for the construction and maintenance of said road; and upon assessment and payment by the company of the damages which may be assessed or awarded, the title to such property shall vest absolutely in the company for the purposes of said railroad; and the business of no road actually constructed shall be obstructed by reason of any such defect of title to any part of the property upon which it may be built, unless there shall be default in the payment of money awarded after the verdict shall have been rendered and judgment thereon; but every company, having actually constructed and having in operation said road shall be entitled to maintain the same and avail itself of the privilege of this section, whenever, from any cause, its right of way for the track occupied is not perfect and absolute: Provided, That no such compromise or conveyance shall be made until thirty (30) days' notice has been given of the intention so to do, by publication in some newspaper published in this state in the county in which the principal office of such company is kept.

Formerly: Acts 1855, c.81, s.1.
Ind. Code § 8-9.5-7-13 — Indiana Code / Title 8 / Article 9.5 / Chapter 7 / Section 8-9.5-7-13
Audit of records of account
Status: in_force

Sec. 13. The treasurer shall annually, and more often if required by the commission, submit his records of account as treasurer of the district to such person or firm, being a certified public accountant or firm of certified public accountants, as designated or selected by the commission, for audit. Such person or firm shall prepare and submit a certified report of such records of accounts to the board exhibiting the revenues, receipts and disbursements and the sources from which the revenues and funds are derived and in what manner the same have been disbursed.

As added by Acts 1982, P.L.77, SEC.1.
Ind. Code § 8-16-1-0.1 — Indiana Code / Title 8 / Article 16 / Chapter 1 / Section 8-16-1-0.1
Definitions
Status: in_force

Sec. 0.1. As used in this chapter:

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

"Department" refers to the Indiana department of transportation.

As added by Acts 1980, P.L.74, SEC.259. Amended by P.L.109-1983, SEC.30; P.L.68-1988, SEC.15; P.L.18-1990, SEC.143; P.L.235-2005, SEC.117; P.L.189-2018, SEC.100.
Ind. Code § 8-1-1.1-6 — Indiana Code / Title 8 / Article 1 / Chapter 1.1 / Section 8-1-1.1-6
Repealed
Status: repealed

As added by Acts 1981, P.L.104, SEC.3. Amended by P.L.43-1983, SEC.13; P.L.16-1984, SEC.6; P.L.384-1987(ss), SEC.4; P.L.3-1989, SEC.47; P.L.99-1989, SEC.5. Repealed by P.L.1-1990, SEC.96.
Ind. Code § 8-1-8.9-16 — Indiana Code / Title 8 / Article 1 / Chapter 8.9 / Section 8-1-8.9-16
SNG property interest; security interests
Status: in_force

Sec. 16. (a) An SNG property interest does not constitute an account or a general intangible under IC 26-1-9.1-102. The creation, granting, perfection, and enforcement of liens and security interests in SNG property interests are governed by this chapter and not by IC 26-1-9.1.

(b) A valid and enforceable lien and security interest in an SNG property interest may be created only by the execution and delivery of a security agreement with a financing entity in connection with the issuance of indebtedness. The security interest attaches automatically from the time that value is received for the indebtedness secured by the SNG property interest and, upon perfection through the filing of notice with the secretary of state:

(1) constitutes a continuously perfected lien and security interest in the SNG property interest and all proceeds of the SNG property interest, whether or not accrued;

(2) has priority in the order of its filing; and

(3) takes precedence over any subsequent judicial lien or other creditor's lien.

If notice is filed with the secretary of state not later than ten (10) days after value is received for the indebtedness, the security interest is perfected retroactive to the date the value was received. If notice is not filed with the secretary of state within ten (10) days after value is received for the indebtedness, the security interest is perfected as of the date of filing.

(c) Transfer of an SNG property interest to an assignee is perfected against all third parties, including subsequent judicial or other lien creditors, upon:

(1) the delivery of transfer documents to the assignee; and

(2) the filing of notice with the secretary of state in accordance with subsection (b).

However, if notice of the transfer is not filed with the secretary of state within ten (10) days after the delivery of the transfer documentation, the transfer of the SNG property interest is not perfected against third parties until the notice is filed.

(d) The priority of a lien and security interest under this section is not impaired by either of the following:

(1) A later modification of the qualified order creating the SNG property interest being transferred.

(2) The commingling of other funds with funds collected in connection with a qualified contract. Any other security interest that may apply to funds collected in connection with a qualified contract terminates when the funds are transferred to a segregated account for the benefit of the assignee or a financing entity. If an SNG property interest has been transferred to an assignee, any proceeds from the SNG property interest shall be held in trust for the assignee.

(e) If a default or termination occurs in connection with a financing secured by an SNG property interest, the financing entity or its representative may foreclose on or otherwise enforce its lien and security interest in the SNG property interest as if the financing entity were a secured party under IC 26-1-9.1. Amounts arising from the qualified contract that is the basis of the SNG property interest shall be transferred to a separate account for the financing entity's benefit and are subject to the financing entity's security interest and lien.

As added by P.L.175-2007, SEC.21.
Ind. Code § 8-1-9-1 — Indiana Code / Title 8 / Article 1 / Chapter 9 / Section 8-1-9-1
Public policy
Status: in_force

Sec. 1. Recognizing that (a) part of the national system of interstate and defense highways located in Indiana are used by persons residing throughout Indiana and the United States for intrastate and interstate travel; (b) the cost of relocation of utility facilities necessitated by construction, reconstruction, change or modification of said highways is presently subject to being borne by utility rate payers only; and (c) existing federal legislation makes available a substantial portion of the funds with which said highways will be constructed, reconstructed, changed or modified, it is hereby declared that it is inequitable for rate payers of utilities to bear the cost of relocation of utility facilities necessitated by said highway construction, reconstruction, change or modification and that such cost of relocation of utility facilities should constitute a cost of construction of all of said highway projects in Indiana.

Formerly: Acts 1961, c.112, s.1.
Ind. Code § 8-10-5-22 — Indiana Code / Title 8 / Article 10 / Chapter 5 / Section 8-10-5-22
Application of section; annual watercraft fee; watercraft fee decal
Status: in_force

Sec. 22. (a) This section applies to a city that:

(1) creates; or

(2) participates in the creation of;

a port authority created under this chapter that includes a channel that is ordinarily navigable to Lake Michigan.

(b) The fiscal body of a city described in subsection (a) may impose an annual docking fee upon each watercraft that is docked for more than twenty-nine (29) days during a year in waters that are under the jurisdiction of a port authority under this chapter.

(c) An annual docking fee imposed under this section shall be:

(1) not more than seventy-five cents ($0.75) per foot for watercraft of thirty (30) feet or less; and

(2) not more than one dollar and fifty cents ($1.50) per foot for watercraft over thirty (30) feet.

(d) A marina, dock, or port:

(1) located on waters that are under the jurisdiction of a port authority created by a city under this chapter; and

(2) where a watercraft is docked;

shall collect the annual docking fee imposed on the watercraft under this section. Not later than the fifteenth day of each month, each marina, dock, or port shall remit to the city fiscal officer the amount of fees collected under this section during the immediately preceding month.

(e) Annual docking fees imposed under this section by a city described in subsection (a) shall be deposited in the cumulative channel maintenance fund established under section 17 of this chapter.

(f) Upon collecting an annual docking fee imposed on a watercraft under this section, a marina, dock, or port shall issue to the owner of the watercraft a decal that indicates the year for which the fee under this section has been paid.

(g) The decal issued under subsection (f) must be displayed on the watercraft during the year for which the decal is issued. A watercraft that displays a valid annual docking fee decal under this subsection is not subject to:

(1) annual docking fees imposed at other marinas, docks, or ports under this section; and

(2) marina launch fees imposed under section 23 of this chapter.

(h) The general assembly finds that in port authorities that include a channel that is ordinarily navigable to Lake Michigan there exist unique problems related to necessary dredging and cleaning of channels used by boats that operate on the Great Lakes. These unique problems may be alleviated by the authorization of a docking fee under this section.

As added by P.L.60-1992, SEC.2. Amended by P.L.170-2002, SEC.64; P.L.34-2004, SEC.2.
Ind. Code § 8-22-3.7-11 — Indiana Code / Title 8 / Article 22 / Chapter 3.7 / Section 8-22-3.7-11
Refund of bonds; lease back
Status: in_force

Sec. 11. (a) Bonds issued under IC 8-22-3 may be refunded as provided in this section.

(b) The authority may lease all or a portion of an airport project to the development authority, which may be at a nominal lease rental with a lease back to the authority, conditioned upon the development authority assuming bonds issued under IC 8-22-3 and issuing its bonds to refund those bonds.

As added by P.L.108-1993, SEC.11.
Ind. Code § 8-23-32-19 — Indiana Code / Title 8 / Article 23 / Chapter 32 / Section 8-23-32-19
Application of administrative procedures
Status: in_force

Sec. 19. IC 4-21.5 applies to:

(1) a determination;

(2) a notice;

(3) a hearing; and

(4) an appeal;

under this chapter.

As added by P.L.120-2023, SEC.2.
Ind. Code § 8-4.5-6-7 — Indiana Code / Title 8 / Article 4.5 / Chapter 6 / Section 8-4.5-6-7
Determination by governmental entity
Status: in_force

Sec. 7. A governmental entity shall determine that the requirements for approval of a recreational trail under this chapter have been satisfied before the governmental entity may do either of the following:

(1) Participate in the operation of a recreational trail.

(2) Spend or grant money under its control for a recreational trail.

As added by P.L.40-1995, SEC.3.
Ind. Code § 8-15-2-17 — Indiana Code / Title 8 / Article 15 / Chapter 2 / Section 8-15-2-17
Power to adopt rules and regulations
Status: in_force

Sec. 17. The authority shall have power to adopt bylaws and, under IC 4-22-2, rules and regulations as it may deem advisable for:

(1) the control and regulation of traffic on any toll road project;

(2) the protection and preservation of property under its jurisdiction and control; and

(3) the maintenance and preservation of good order within the property under its control.

However, such rules and regulations shall provide that public police officers shall be afforded ready access, while in the performance of their official duty, to all property under the jurisdiction of the authority without the payment of tolls.

Formerly: Acts 1951, c.281, s.17. As amended by Acts 1978, P.L.2, SEC.855; Acts 1980, P.L.74, SEC.248; P.L.109-1983, SEC.22.
Ind. Code § 8-14.5-4-2 — Indiana Code / Title 8 / Article 14.5 / Chapter 4 / Section 8-14.5-4-2
Mandatory contract provisions
Status: in_force

Sec. 2. A contract under this chapter must:

(1) provide for the construction and ownership of the project; and

(2) describe the project or projects, setting forth in general terms principal features such as geographic location, widths of rights-of-way, number of lanes in each direction, width of traffic lanes, widths of shoulders, location and nature of tunnels, overpasses, underpasses, interchanges, bridges, approaches, and connecting highways.

As added by P.L.68-1988, SEC.12.
Ind. Code § 8-1.5-5-13 — Indiana Code / Title 8 / Article 1.5 / Chapter 5 / Section 8-1.5-5-13
District bonds; nature
Status: in_force

Sec. 13. (a) The bonds of the district are:

(1) a valid claim of the holders only against the bond and interest redemption account and the revenues of the storm water system; and

(2) exempt from taxation in Indiana as provided by IC 6-8-5.

(b) The bonds may be issued either as registered bonds or as coupon bonds payable to the bearer.

(c) Except as provided in this chapter or IC 5-1-5, bonds shall be sold in accordance with IC 5-1-11. The registration of bonds does not affect negotiability.

As added by P.L.125-1987, SEC.1.
Ind. Code § 8-23-24.5-2 — Indiana Code / Title 8 / Article 23 / Chapter 24.5 / Section 8-23-24.5-2
"Highway rights-of-way"
Status: in_force

Sec. 2. As used in this chapter, "highway rights-of-way" refer to highway rights-of-way for which responsibility is assigned to the department.

As added by P.L.182-2009(ss), SEC.281.
Ind. Code § 8-1-2.7-14.5 — Indiana Code / Title 8 / Article 1 / Chapter 2.7 / Section 8-1-2.7-14.5
Failure to follow procedures for withdrawal from or return to commission's jurisdiction
Status: in_force

Sec. 14.5. (a) This section applies when a utility fails to follow the procedures provided in this chapter for withdrawal from or return to the commission's jurisdiction.

(b) To contest compliance with this chapter:

(1) parties aggrieved by the decision to withdraw from or return to commission jurisdiction; or

(2) other interested parties;

must file an action in the circuit or superior court with jurisdiction in the county where the utility has its principal office.

(c) An action filed under this section must be filed not later than thirty (30) days after the date of the meeting at which the vote regarding commission jurisdiction over the utility is conducted.

As added by P.L.159-1999, SEC.17. Amended by P.L.60-2024, SEC.8.
Ind. Code § 8-1-6-9 — Indiana Code / Title 8 / Article 1 / Chapter 6 / Section 8-1-6-9
Deposit with treasurer of state
Status: in_force

Sec. 9. All sums collected by the commission under the provisions of this chapter shall be paid not less than fifteen (15) days after receipt of the same, accompanied by a detailed statement thereof to the treasurer of the state of Indiana and deposited into the state general fund.

Formerly: Acts 1969, c.360, s.9. As amended by P.L.59-1984, SEC.57; P.L.213-2025, SEC.102.
Ind. Code § 8-1-13-29 — Indiana Code / Title 8 / Article 1 / Chapter 13 / Section 8-1-13-29
Rates, tolls, and charges; schedules; filing; approval
Status: in_force

Sec. 29. (a) Every corporation shall file with the commission, within a time fixed by the commission, schedules showing all rates, tolls, and charges that it has established and that are enforced at the time for any service performed by it within the state, or for any service in connection with the rates, tolls, and charges.

(b) The schedules of rates, tolls, and charges shall be open for public inspection.

(c) Every corporation shall file, with and as a part of the schedule, all rules that in any manner affect the rates charged or to be charged for any service.

(d) It is unlawful for a corporation to charge any amount for any service that varies from the schedules approved by the commission.

As added by P.L.121-1987, SEC.6.
Ind. Code § 8-1-2-111 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-111
Repealed
Status: repealed

Formerly: Acts 1913, c.76, s.120. Repealed by Acts 1978, P.L.2, SEC.867.
Ind. Code § 8-14-8-4 — Indiana Code / Title 8 / Article 14 / Chapter 8 / Section 8-14-8-4
Loan; application; requisites
Status: in_force

Sec. 4. (a) A qualified county which:

(1) has adopted the county vehicle excise tax under IC 6-3.5-4 and the county wheel tax under IC 6-3.5-5;

(2) is imposing the county vehicle excise tax at:

(A) the maximum allowable rate, if the qualified county sets a county vehicle excise tax rate under IC 6-3.5-4-2(b)(1) or IC 6-3.5-4-2(c)(1); or

(B) the maximum allowable amount, if the qualified county sets the county vehicle excise tax at a specific amount under IC 6-3.5-4-2(b)(2) or IC 6-3.5-4-2(c)(2); and

(3) has not issued bonds under IC 8-14-9;

may apply to the Indiana department of transportation for a loan from the distressed road fund. At the time of the application, the county shall notify the department of local government finance that it has made the application.

(b) The application must include, at a minimum:

(1) a map depicting all roads and streets in the system of the applicant; and

(2) a copy of that county's proposed program of work covering the current and the immediately following calendar year.

As added by Acts 1981, P.L.88, SEC.12. Amended by P.L.18-1990, SEC.114; P.L.255-1996, SEC.6; P.L.90-2002, SEC.315; P.L.146-2016, SEC.14; P.L.256-2017, SEC.90.
Ind. Code § 8-14-9-17 — Indiana Code / Title 8 / Article 14 / Chapter 9 / Section 8-14-9-17
Expenditures not subject to Geometric Design Guide for Local Roads and Streets
Status: in_force

Sec. 17. Notwithstanding any other law, expenditures made from the local county road and bridge district construction fund are not subject to the provisions of the Geometric Design Guide for Local Roads and Streets.

As added by Acts 1982, P.L.79, SEC.3. Amended by P.L.86-1988, SEC.16.
Ind. Code § 8-20-1-47 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-47
Errors in proceedings
Status: in_force

Sec. 47. A person may not challenge any proceedings under this chapter because of an error unless the party is affected by the error.

Formerly: Acts 1905, c.167, s.57. As amended by P.L.66-1984, SEC.122; P.L.86-1988, SEC.198.
Ind. Code § 8-2.1-17-8 — Indiana Code / Title 8 / Article 2.1 / Chapter 17 / Section 8-2.1-17-8
"Household mover"
Status: in_force

Sec. 8. "Household mover" means any person who undertakes, whether directly or by a lease or other arrangement, to transport household goods by motor vehicle for compensation on any public highway between two (2) or more points in Indiana, whether over regular or irregular routes, in excess of one thousand (1,000) pounds per shipment for a single shipper regardless of the number of trips or movements made for the same shipper.

As added by P.L.99-1989, SEC.8.
Ind. Code § 8-1-13-39 — Indiana Code / Title 8 / Article 1 / Chapter 13 / Section 8-1-13-39
Distribution cooperatives with less than 5,000 customers; rate orders; hearing requirement
Status: in_force

Sec. 39. (a) Except as provided in subsection (b), an order affecting rates of service may be entered by the commission without a formal public hearing in the case of a distribution cooperative with less than five thousand (5,000) customers.

(b) The commission shall require a formal public hearing on any petition or complaint filed concerning a distribution cooperative with less than five thousand (5,000) customers upon motion of any of the following:

(1) The utility consumer counselor.

(2) A public or municipal corporation.

(3) Ten (10) individuals, firms, corporations, limited liability companies, or associations.

(4) Ten (10) complainants of any class described in subdivision (3).

As added by P.L.121-1987, SEC.16. Amended by P.L.8-1993, SEC.126.
Ind. Code § 8-14.5-7-6 — Indiana Code / Title 8 / Article 14.5 / Chapter 7 / Section 8-14.5-7-6
Revenue declaration
Status: in_force

Sec. 6. (a) Before grant anticipation revenue bonds or notes may be issued under this chapter, the department shall prepare a revenue declaration that includes the department's determination that the amount of federal highway revenues received by the state in a particular state fiscal year will exceed the amount specified in subsection (c)(2) by at least eighteen percent (18%). Grant anticipation revenue bonds or notes may not be issued under this chapter unless the department makes the determination required under this subsection.

(b) The revenue declaration prepared under this section must provide a specified amount or percentage of federal highway revenues received by the state during a state fiscal year to be deposited in the grant anticipation fund and the number of years the deposits shall be made. A revenue declaration prepared under this section is subject to approval of the budget agency and the authority.

(c) The total amount of lease rentals securing grant anticipation revenue bonds or notes issued under this chapter and scheduled to be paid during any state fiscal year, determined as of the date of issuance of each series of grant anticipation revenue bonds or notes, may not exceed an amount equal to twenty-five percent (25%) of the remainder of:

(1) the total amount of federal highway revenues apportioned or allocated to the department during the federal fiscal year immediately preceding the state fiscal year in which the series of bonds or notes is issued; minus

(2) seven hundred thirty-four million eight hundred fifty thousand three hundred ninety dollars ($734,850,390), which is the total amount of federal highway revenues apportioned or allocated to the department during the federal fiscal year beginning October 1, 2003, and ending September 30, 2004.

As added by P.L.246-2005, SEC.83.
Ind. Code § 8-1-8.7-9 — Indiana Code / Title 8 / Article 1 / Chapter 8.7 / Section 8-1-8.7-9
Dispatching priority
Status: in_force

Sec. 9. After the commission has made a finding under section 4(b)(4) of this chapter as to the dispatching priority of a facility utilizing clean coal technology, the utility receiving the certificate under this chapter may dispatch the facility for which the certificate is issued in accordance with such finding, and such dispatch shall not be considered to be in conflict with the provisions of IC 8-1-2-42.

As added by P.L.105-1989, SEC.4.
Ind. Code § 8-14-15.1-4 — Indiana Code / Title 8 / Article 14 / Chapter 15.1 / Section 8-14-15.1-4
"Trustee"
Status: in_force

Sec. 4. As used in this chapter, "trustee" refers to the trustee of the trust designated under sections 7 and 9 of this chapter.

As added by P.L.217-2017, SEC.69.
Ind. Code § 8-4.5-6-5 — Indiana Code / Title 8 / Article 4.5 / Chapter 6 / Section 8-4.5-6-5
Liability for injury
Status: in_force

Sec. 5. (a) A property owner has no duty of care to any person who is using a recreational trail.

(b) This section does not relieve a property owner from liability for injury that is a direct result of the property owner's:

(1) own use of a recreational trail; or

(2) gross negligence or willful or wanton misconduct.

As added by P.L.40-1995, SEC.3.
Ind. Code § 8-23-17-10 — Indiana Code / Title 8 / Article 23 / Chapter 17 / Section 8-23-17-10
"Owner" defined
Status: in_force

Sec. 10. As used in this chapter, "owner" as applied to real property means the person or persons holding legal title to the property as shown by the records of the county recorder of the county in which the real property is situated, or the person or persons entitled as vendee under a land contract to receive conveyance of the legal title upon payment of a specified purchase price.

As added by P.L.18-1990, SEC.226.
Ind. Code § 8-1-22.6-3 — Indiana Code / Title 8 / Article 1 / Chapter 22.6 / Section 8-1-22.6-3
"Construction"
Status: in_force

Sec. 3. (a) As used in this chapter, "construction" means the physical work involved in the construction, reconstruction, improvement, maintenance, or extension of a pipeline project.

(b) The term includes the following:

(1) The preparation of the construction site.

(2) Disassembling and removing a structure.

(3) Related work.

As added by P.L.110-2007, SEC.1.
Ind. Code § 8-23-9-13 — Indiana Code / Title 8 / Article 23 / Chapter 9 / Section 8-23-9-13
Trust bids
Status: in_force

Sec. 13. (a) This section applies whenever a contract is awarded under this chapter by acceptance of bids, proposals, or quotations.

(b) A bid, proposal, or quotation submitted by a trust (as defined in IC 30-4-1-1(a)) must identify each:

(1) beneficiary of the trust; and

(2) settlor empowered to revoke or modify the trust.

As added by P.L.18-1990, SEC.218.
Ind. Code § 8-1-22.6-2 — Indiana Code / Title 8 / Article 1 / Chapter 22.6 / Section 8-1-22.6-2
"Affected landowner"
Status: in_force

Sec. 2. As used in this chapter, "affected landowner" means an owner of an interest in property that:

(1) is located in Indiana; and

(2) meets one (1) or more of the conditions set forth in 18 CFR 157.6(d)(2).

As added by P.L.110-2007, SEC.1.
Ind. Code § 8-22-2-2 — Indiana Code / Title 8 / Article 22 / Chapter 2 / Section 8-22-2-2
Members of board of aviation commissioners; qualifications; restrictions
Status: in_force

Sec. 2. (a) This subsection applies only in counties that contain a consolidated city or at least one (1) second class city. To be eligible to be a member of the board of aviation commissioners, a person must:

(1) be at least eighteen (18) years of age;

(2) be a resident of the county in which the eligible entity is located;

(3) not be actively engaged as:

(A) a principal owner;

(B) a majority member or majority shareholder;

(C) a director;

(D) an officer; or

(E) an employee with managerial or supervisory responsibilities;

of any entity engaged in commercial aeronautics;

(4) not hold any other governmental office (by appointment or election) that has statutory fiscal or management review of the board's actions; and

(5) not serve as a member of any other agency, board, commission, department, or other governmental entity that:

(A) is located within the jurisdiction of the department of aviation; and

(B) has statutory fiscal or management review of the board's actions.

(b) This subsection does not apply to a county if the county contains a consolidated city or a second class city. To be eligible to be a member of the board of aviation commissioners, a person must:

(1) be at least eighteen (18) years of age;

(2) be a resident of the county in which the eligible entity is located; and

(3) not be actively engaged as:

(A) a principal owner;

(B) a majority member or majority shareholder;

(C) a director;

(D) an officer; or

(E) an employee with managerial or supervisory responsibilities;

of any entity engaged in commercial aeronautics in a county that the board serves.

[Pre-Local Government Recodification Citation: 19-6-1-3.]

As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.129-1987, SEC.1; P.L.5-1988, SEC.53; P.L.134-2005, SEC.2; P.L.61-2012, SEC.1.
Ind. Code § 8-23-1.1-13 — Indiana Code / Title 8 / Article 23 / Chapter 1.1 / Section 8-23-1.1-13
"County arterial highway system"
Status: in_force

Sec. 13. "County arterial highway system" means a system of highways designated by the county highway authority as having the greatest general importance to the county and for which responsibility is assigned to the county highway authority.

As added by P.L.145-2026, SEC.37.
Ind. Code § 8-21-12-5 — Indiana Code / Title 8 / Article 21 / Chapter 12 / Section 8-21-12-5
"District"
Status: in_force

Sec. 5. As used in this chapter, "district" means an airport district established under section 11(9) of this chapter.

As added by P.L.28-1991, SEC.2.
Ind. Code § 8-15.7-3.5-1 — Indiana Code / Title 8 / Article 15.7 / Chapter 3.5 / Section 8-15.7-3.5-1
Government requests for information regarding public facility projects
Status: in_force

Sec. 1. The authority or the department, or both, may issue a request for information for any of the following purposes:

(1) To consider the factors involved in, the feasibility of, or the potential consequences of a contemplated project.

(2) To prepare a request for proposals.

(3) To evaluate any aspect of an existing public-private agreement and an associated project.

As added by P.L.217-2017, SEC.73.
Ind. Code § 8-25-7-8 — Indiana Code / Title 8 / Article 25 / Chapter 7 / Section 8-25-7-8
Necessary agreements authorized
Status: in_force

Sec. 8. The fiscal body of Marion County or the board, if authorized to carry out a public transportation project under IC 8-25-4, may enter into any agreement necessary with the foundation to meet the requirements of IC 8-25-3-6(a) and carry out the purposes of this chapter.

As added by P.L.153-2014, SEC.17.
Ind. Code § 8-1-30-5 — Indiana Code / Title 8 / Article 1 / Chapter 30 / Section 8-1-30-5
Issuance of orders to provide for acquisition or appointment of receivers
Status: in_force

Sec. 5. (a) As used in this section, "subject utility company" refers to a utility company that is the subject of a finding by the commission under section 4 of this chapter.

(b) If the commission makes a finding under section 4 of this chapter, the commission may, after notice and hearing, make appropriate orders to do any of the following:

(1) Provide for the acquisition of the subject utility company by another utility company, a municipally owned utility, or by another person that has the ability to operate the subject utility company:

(A) in compliance with law and the commission's orders; and

(B) to remedy any deficiencies found by the commission.

(2) Provide for the appointment of a receiver to operate the subject public utility:

(A) in compliance with law and the commission's orders; and

(B) to remedy any deficiencies found by the commission.

(c) Before making an order under subsection (b), the commission shall give notice of the hearing to the following:

(1) The subject utility company.

(2) Other utility companies in Indiana.

(3) Appropriate public agencies and political subdivisions, including all municipalities, located in the subject utility company's service territory.

(d) An order under subsection (b)(1) must provide:

(1) that the person acquiring the subject utility company must pay the fair market value of the subject utility company at the time of acquisition; and

(2) the specific accounting methods and appraisal procedures and terms by which the fair market value of the subject utility company is to be determined.

(e) An order under subsection (b)(1) may provide cost recovery mechanisms for costs associated with improvements to the acquired system that are immediate and necessary to remedy deficiencies, including any of the following:

(1) A mechanism for expediting any adjustments to the rate base and rates of the person acquiring the subject utility company.

(2) Surcharges on customers of the acquired utility company system to pay for extraordinary costs.

(3) A plan for deferring certain improvement costs and recovering costs in phases.

(4) A plan for equalizing rates of the subject utility company with the rates of the person acquiring the subject utility company, if necessary.

(5) Other incentives to the person acquiring the subject utility company, including adjustments to the allowed rate of return.

(f) If the commission makes an order under subsection (b)(2), the attorney general shall file an action in a court with jurisdiction on behalf of the commission for the appointment of a receiver under IC 32-30-5. The receiver appointed by the court:

(1) has the same rights and duties under Indiana law as a utility company providing water or sewer service; and

(2) shall continue to operate the subject utility company until the court finds that the subject utility company:

(A) has the ability to comply and will comply with Indiana law and the commission's orders relating to the operation of the utility company; and

(B) has the ability to operate without any of the deficiencies found by the commission.

As added by P.L.145-1999, SEC.7. Amended by P.L.2-2002, SEC.37.
Ind. Code § 8-1-2.5-8 — Indiana Code / Title 8 / Article 1 / Chapter 2.5 / Section 8-1-2.5-8
Commencement of proceedings
Status: in_force

Sec. 8. A proceeding before the commission under section 5 or 6, or both, of this chapter may be commenced only by an energy utility that elects to become subject to the applicable section.

As added by P.L.108-1995, SEC.3.
Ind. Code § 8-15-3-22 — Indiana Code / Title 8 / Article 15 / Chapter 3 / Section 8-15-3-22
Power of department
Status: in_force

Sec. 22. (a) The department has any power with respect to tollways that it has in connection with state highways.

(b) The department may do all acts and things necessary or proper to carry out this chapter.

As added by P.L.386-1987(ss), SEC.13.
Ind. Code § 8-22-3.7-9 — Indiana Code / Title 8 / Article 22 / Chapter 3.7 / Section 8-22-3.7-9
Purposes of authority
Status: in_force

Sec. 9. The development authority is organized for the following purposes:

(1) Financing, constructing, and leasing airport projects to the authority.

(2) Financing and constructing additional improvements to airport projects owned by the development authority and leasing them to the authority.

(3) Acquiring all or a portion of one (1) or more airport projects from the authority by purchase or lease and leasing these airport projects back to the authority, with any additional improvements that may be made to them.

(4) Acquiring all or a portion of one (1) or more airport projects from the authority by purchase or lease to fund or refund indebtedness incurred on account of those airport projects to enable the authority to make a savings in debt service obligations or lease rental obligations or to obtain relief from covenants that the authority considers to be unduly burdensome.

As added by P.L.108-1993, SEC.11.
Ind. Code § 8-1-27-14 — Indiana Code / Title 8 / Article 1 / Chapter 27 / Section 8-1-27-14
Plan exceeding Clean Air Act Amendments of 1990 requirements; credits or additional benefits
Status: in_force

Sec. 14. If the commission finds that an environmental compliance plan or a modified environmental compliance plan approved by the commission under this chapter exceeds the applicable requirements of the Clean Air Act Amendments of 1990 by means of early or over compliance, the commission shall, in the order approving the plan, determine the manner and timing of the applicable ratemaking and regulatory treatment of any emission credits or other additional benefits expected to result from the early or over compliance.

As added by P.L.76-1991, SEC.1.
Ind. Code § 8-1-7.9-2 — Indiana Code / Title 8 / Article 1 / Chapter 7.9 / Section 8-1-7.9-2
"Acquisition costs"
Status: in_force

Sec. 2. As used in this chapter, "acquisition costs" means the total costs of an acquisition made under an EGR plan, including:

(1) planning;

(2) construction; and

(3) operating;

costs related to the acquisition.

As added by P.L.217-2025, SEC.2.
Ind. Code § 8-6-2.1-29 — Indiana Code / Title 8 / Article 6 / Chapter 2.1 / Section 8-6-2.1-29
Bonds
Status: in_force

Sec. 29. (a) In order to raise money to pay the city's portion of the total cost of an improvement and in anticipation of the special benefit tax to be levied, the board shall issue, in the name of the city, at one (1) time, or from time to time as the proceeds are needed, the bonds of the grade separation or railroad relocation and reconstruction district not to exceed in aggregate amount the balance of the city's portion of the total cost after deducting from the city's portion the total amount of benefits, if any, which have been assessed by the board and finally confirmed or adjudged against lots and parcels of land exclusive of improvements lying within two thousand (2,000) feet of any grade crossing eliminated or altered by the improvement, or within two thousand (2,000) feet of any lands or rights-of-way abandoned in whole or in part for railroad use or from which railroad facilities are to be removed.

(b) The bonds may be issued in any denomination not exceeding one thousand dollars ($1,000) each in not less than forty (40) nor more than sixty (60) equal series, as the board determines, and shall be payable one (1) series each six (6) months beginning on the first day of July of the first year following the date of their issue. If the bond issue is ordered in any calendar year after the date of the annual tax levy, then the first series shall mature on the first day of July of the second year and the balance of the bonds at the designated regular intervals. The bonds shall be negotiable as inland bills of exchange and shall bear interest payable on the first days of January and July of each year, the first interest to be payable on the first maturity date of the bonds.

(c) Upon adoption of a resolution ordering bonds, the board shall certify a copy of the resolution to the controller or clerk-treasurer of the city in which the grade separation district is located; that officer shall prepare the bonds, and the mayor of the city shall execute the bonds and the city controller or clerk-treasurer shall attest the execution. The bonds shall be exempt from taxation for all purposes. All bonds issued by the board shall be sold by the city controller or clerk-treasurer to the highest bidder, but not at less than par and accrued interest to date of delivery, after giving notice of sale of the bonds by publication in accordance with IC 5-3-1. The publication shall be made not less than fifteen (15) days prior to the date fixed for the sale of the bonds.

(d) The bonds are not a corporate obligation or indebtedness of the city, but constitute an indebtedness of the district as a special taxing district, and the bonds and interest shall be payable only out of a special tax levied upon all property of the special taxing district, as in this chapter provided, and the bonds shall recite the terms upon their face, together with the purposes for which they are issued.

(e) No suit to question the validity of the bonds issued for the special taxing district, or to prevent their issue, may be maintained after the date set for the sale of the bonds, and all bonds after that date are incontestable for any cause.

[Pre-Local Government Recodification Citation: 19-5-14-29.]

As added by Acts 1980, P.L.8, SEC.70. Amended by Acts 1980, P.L.73, SEC.1.
Ind. Code § 8-1-13-38 — Indiana Code / Title 8 / Article 1 / Chapter 13 / Section 8-1-13-38
Complaints by corporation affecting its own rates or service; notice and hearing requirements; consent orders
Status: in_force

Sec. 38. (a) Any corporation may make complaint as to any matter affecting its own rates or service. The corporation shall publish a notice of the filing of the petition or complaint in a newspaper of general circulation published in any county in which the corporation renders service. An order affecting rates or service may be entered by the commission without a formal public hearing, if the corporation has obtained written consent to obtain an order affecting its rates from the commission without a formal hearing from any agency of the federal government with which the corporation has outstanding evidence of indebtedness to the federal government. The commission may, however, on its own motion require a formal public hearing, and shall, upon a motion filed by the utility consumer counselor, by any public or municipal corporation, by ten (10) individuals, firms, corporations, limited liability companies, or associations, or by ten (10) complainants of any or all of these classes, hold a formal public hearing with respect to any petition or complaint.

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

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

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

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

As added by P.L.121-1987, SEC.15. Amended by P.L.8-1993, SEC.125; P.L.87-2024, SEC.17.
Ind. Code § 8-17-5-6 — Indiana Code / Title 8 / Article 17 / Chapter 5 / Section 8-17-5-6
Powers
Status: in_force

Sec. 6. The county highway engineer shall, subject to the policies of the county executive, perform the following functions:

(1) Prepare and publish a county-wide inventory and classification of the county highway system so that the total county federal aid secondary system is included in the county primary or arterial system of roads.

(2) Prepare and keep a perpetual inventory of all bridges and culverts serving the county highway system. The inventory must show the location, dimensions, condition, and the year of construction for all bridges and major culverts.

(3) Prepare and publish standards of design, construction, and maintenance of the county arterial, feeder, and local roads that make the best and most economical use of local road materials.

(4) Prepare a long-range county-wide program of road and bridge construction and improvements, with the proposed projects arranged in order of priority. The program of proposed projects must cover a period of at least four (4) years.

(5) Investigate requests and petitions for road or bridge improvements that are received either by the county executive or at public hearings, and make recommendations to the county executive.

(6) Prepare surveys, designs, plans, and specifications for all county road and bridge construction projects, prepare contracts, and advertise for bids.

(7) Make construction and materials inspection of all county road and bridge construction projects, inform the executive of the status of construction work, and certify completed construction projects.

(8) Develop a county-wide program of traffic safety that provides for traffic control signs, signals, and speed limits, warning protection at railroad crossings, load limits, and detour routings.

(9) Inspect and approve the construction of subdivision streets that are to be taken into the county highway system, and recommend appropriate action to the executive when roads and streets in subdivisions are being taken into the county highway system.

(10) Prepare engineering estimates and make recommendations to the executive concerning the materials and equipment needed in the annual budgeting of both construction and maintenance funds.

Formerly: Acts 1963, c.131, s.6. As amended by P.L.86-1988, SEC.127.
Ind. Code § 8-25-6-10 — Indiana Code / Title 8 / Article 25 / Chapter 6 / Section 8-25-6-10
County fiscal body; township fiscal body in Hendricks County; required to impose taxes on taxpayers residing in a township that opts in to a public transportation project
Status: in_force

Sec. 10. (a) If the voters of a township described in section 2(a)(2)(A)(i) or 2(a)(2)(B)(i) of this chapter approve a local public question under this chapter, the fiscal body of the eligible county in which the township is located shall adopt an ordinance under IC 6-3.6-6 to impose an additional local income tax rate, as permitted by IC 6-3.6-7-27, upon the local taxpayers residing in the township for the public transportation project in the township.

(b) This subsection applies if the voters of a township described in section 2(a)(2)(A)(ii) or 2(a)(2)(B)(ii) of this chapter approve a local public question under this chapter and the voters in:

(1) the eligible county described in section 2(a)(2)(A) of this chapter approve a local public question under IC 8-25-2; or

(2) the township described in section 2(a)(2)(B) of this chapter approve a local public question under this chapter.

The fiscal body of the eligible county in which the township is located shall adopt an ordinance under IC 6-3.6-6 to impose an additional local income tax rate, as permitted by IC 6-3.6-7-27, upon the local taxpayers residing in the township for the public transportation project in the township.

(c) This subsection applies to Guilford Township in Hendricks County. If the voters of the township approve a local public question under this chapter, the township fiscal body shall adopt a resolution to impose an additional local income tax rate upon the local taxpayers residing in the township for the public transportation project in the township. A resolution adopted under this subsection must comply with the requirements of the department of local government finance and specify an additional tax rate to be imposed in the township of at least one-tenth percent (0.1%), but not more than twenty-five hundredths percent (0.25%). If a resolution is adopted under this subsection, the amount of the certified distribution attributable to the additional tax rate imposed under this subsection must be:

(1) retained by the county auditor;

(2) deposited in the county public transportation project fund established under IC 8-25-3-7; and

(3) used for the purpose provided in this subsection instead of as a property tax replacement distribution.

The tax rate under this subsection plus the tax rate under IC 6-3.6-6 may not exceed the tax rate specified in IC 6-3.6-6-2. Notwithstanding IC 6-3.6-7-27, the Hendricks County fiscal body is not required under this section to adopt an ordinance under IC 6-3.6-7-27.

As added by P.L.153-2014, SEC.17. Amended by P.L.203-2016, SEC.23; P.L.197-2016, SEC.98; P.L.247-2017, SEC.31.
Ind. Code § 8-15.5-11-2 — Indiana Code / Title 8 / Article 15.5 / Chapter 11 / Section 8-15.5-11-2
"Fund"
Status: in_force

Sec. 2. As used in this chapter, "fund" refers to the toll road fund established by section 3 of this chapter.

As added by P.L.47-2006, SEC.39.
Ind. Code § 8-3-1-19 — Indiana Code / Title 8 / Article 3 / Chapter 1 / Section 8-3-1-19
Repealed
Status: repealed

Formerly: Acts 1905, c.53, s.21; Acts 1907, c.241, s.18. As amended by Acts 1976, P.L.26, SEC.2; P.L.384-1987(ss), SEC.27. Repealed by P.L.50-2011, SEC.5.
Ind. Code § 8-1-13-16 — Indiana Code / Title 8 / Article 1 / Chapter 13 / Section 8-1-13-16
Consolidation or merger; mutual benefit corporations
Status: in_force

Sec. 16. (a) Any corporation created under the provisions of this chapter may enter into an agreement for the consolidation or merger of such a corporation with:

(1) any other corporation organized under this chapter; or

(2) any mutual benefit corporation that was organized before 1964 under Acts 1935, c. 157, that engages in the generation, transmission, or distribution of electric energy.

(b) An agreement under subsection (a) must set forth the terms and conditions of the consolidation or merger, the name of the proposed consolidated or merged corporation, the number of its directors, not less than five (5), the time of the annual election and the names of the persons, not less than five (5), to be directors upon completing the consolidation or merger. The agreement must specify the terms the directors will serve. A corporation organized under this chapter shall duly call and hold a meeting of its members, as provided in section 8 of this chapter, at which the proposal of such consolidation or merger shall be presented. A mutual benefit corporation must approve the merger in accordance with IC 23-17-19-3. With respect to such a merger, the agreement may provide that the surviving corporation may have one (1) or more members that are incorporated under the laws of a state other than Indiana. If at each such meeting, the agreement is approved by a resolution duly adopted and receiving the affirmative vote of at least a majority of the total number of members of the respective corporation who either are present and voting at the meeting or, as authorized under section 8(f) of this chapter, cast a vote before the date of the meeting, the directors named in the agreement shall subscribe and acknowledge articles conforming substantially to the original articles of incorporation, except that it shall be entitled and endorsed "Articles of consolidation (merger) of _______" (the blank space being filled in with the names of the corporations being consolidated or merged) and shall state:

(1) The names of the corporations being consolidated or merged.

(2) The name of the consolidated or merged corporation.

(3) The other items required or permitted to be stated in original articles of incorporation.

(c) Articles of consolidation or merger under this section or a certified copy or copies of the articles of consolidation or merger shall be filed in the office of the secretary of state and thereupon the proposed consolidated or merged corporation, under its designated name, shall be and constitute a body corporate with all the powers of a corporation as originally formed under this chapter. In the case of a merger of a corporation organized under this chapter and a mutual benefit corporation, IC 23-17-19-5 applies.

Formerly: Acts 1935, c.175, s.16; Acts 1937, c.258, s.9. As amended by Acts 1977, P.L.102, SEC.5; P.L.83-1997, SEC.1; P.L.49-2018, SEC.2; P.L.136-2018, SEC.69.
Ind. Code § 8-1-29-5 — Indiana Code / Title 8 / Article 1 / Chapter 29 / Section 8-1-29-5
Unauthorized switching of providers or billing for services
Status: in_force

Sec. 5. A customer of a telecommunications provider may not be:

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

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

As added by P.L.92-1998, SEC.2.
Ind. Code § 8-15.5-7-0.5 — Indiana Code / Title 8 / Article 15.5 / Chapter 7 / Section 8-15.5-7-0.5
Applicability
Status: in_force

Sec. 0.5. This chapter applies only to a toll road project or a facility project and not to a freeway project.

As added by P.L.213-2015, SEC.114.
Ind. Code § 8-2.1-17-5.7 — Indiana Code / Title 8 / Article 2.1 / Chapter 17 / Section 8-2.1-17-5.7
"DNC driver"
Status: in_force

Sec. 5.7. "DNC driver" means an individual who provides delivery services using a personal vehicle through a digital network.

As added by P.L.215-2023, SEC.6.
Ind. Code § 8-1-31.6-12 — Indiana Code / Title 8 / Article 1 / Chapter 31.6 / Section 8-1-31.6-12
Petition for change in initial adjustment amount by municipally owned utility
Status: in_force

Sec. 12. (a) Except as provided in subsection (b), a municipally owned utility may, but is not required to, file a petition for a change in its initial adjustment amount not more often than one (1) time every twelve (12) months. Section 10 of this chapter applies to a petition to change an adjustment rider.

(b) Except as provided in section 15 of this chapter, a municipally owned utility may not file a petition described in subsection (a) in the same calendar year in which the utility has filed a request for a general increase in the basic rates and charges of the utility.

As added by P.L.137-2020, SEC.10.
Ind. Code § 8-1-30.9-1 — Indiana Code / Title 8 / Article 1 / Chapter 30.9 / Section 8-1-30.9-1
"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.99-2025, SEC.1.
Ind. Code § 8-1-42-4 — Indiana Code / Title 8 / Article 1 / Chapter 42 / Section 8-1-42-4
"Dwelling"
Status: in_force

Sec. 4. As used in this chapter, "dwelling" means any building, structure, or part of a building or structure that is occupied as, or is designed or intended for occupancy as, a residence by one (1) or more families or individuals.

As added by P.L.90-2022, SEC.2.
Ind. Code § 8-4-33-5 — Indiana Code / Title 8 / Article 4 / Chapter 33 / Section 8-4-33-5
Farm crossings; constructing gates and bars
Status: in_force

Sec. 5. All gates and bars at farm crossings, shall, in the absence of a contract or agreement to the contrary, be constructed and maintained and kept closed by the owner of such farm crossing.

Formerly: Acts 1885(ss), c.91, s.5.
Ind. Code § 8-4-12-5 — Indiana Code / Title 8 / Article 4 / Chapter 12 / Section 8-4-12-5
Evidence of abandonment
Status: in_force

Sec. 5. Any such railroad company whose road is incomplete who shall fail to complete the same, or who shall fail to expend at least twenty-five thousand dollars ($25,000) towards the completion thereof in each year, shall be taken and held to come within the purview of this chapter.

Formerly: Acts 1867, c.80, s.5. As amended by P.L.62-1984, SEC.63.
Ind. Code § 8-1-8.7-8 — Indiana Code / Title 8 / Article 1 / Chapter 8.7 / Section 8-1-8.7-8
Review of completed construction; costs exceeding estimated and approved costs
Status: in_force

Sec. 8. A public utility may elect to forgo any commission review of the construction and cost until completion of the clean coal technology system. If the commission has annually approved the continuing need for the project under section 5 of this chapter, and to the extent the public utility seeks to add to the rate base an amount that does not exceed that filed under section 4(a) of this chapter, the inclusion of that amount may be challenged only on the basis of inadequate quality controls. However, inclusion of costs in excess of those approved by the commission under section 4(b)(2) of this chapter is not permitted unless the public utility shows those costs to be necessary and prudent.

As added by P.L.105-1989, SEC.4.
Ind. Code § 8-1-47-8 — Indiana Code / Title 8 / Article 1 / Chapter 47 / Section 8-1-47-8
Enrollment of eligible customers
Status: in_force

Sec. 8. If a customer:

(1) applies for assistance under an electricity supplier's low income customer assistance program; and

(2) qualifies as a low income customer under section 3(2) of this chapter;

the electricity supplier shall enroll the customer in the program, to the extent the electricity supplier is able to do so under any per customer funding limits, enrollment limits, or other limits, caps, or restrictions established by the electricity supplier under section 5(b) of this chapter and applicable at the time of the customer's application.

As added by P.L.36-2026, SEC.11.
Ind. Code § 8-6-7.7-3.1 — Indiana Code / Title 8 / Article 6 / Chapter 7.7 / Section 8-6-7.7-3.1
Duty of department to specify criteria; considerations in applying criteria
Status: in_force

Sec. 3.1. (a) The Indiana department of transportation shall adopt rules under IC 4-22-2 specifying criteria for:

(1) the department to use in determining whether to open a new public railroad grade crossing; and

(2) the department or a unit (as defined in IC 36-1-2-23) to use in determining whether to abolish a public railroad grade crossing.

(b) In applying criteria required by subsection (a) to determine whether to open a new public railroad grade crossing, deny a public grade crossing closure, or abolish a public railroad grade crossing, the department or unit shall consider the following:

(1) Timetable speed of passenger trains operated through the crossing.

(2) Distance to an alternate crossing.

(3) Accident history of the crossing for the five (5) years preceding the department's or the unit's consideration.

(4) Amount of vehicular traffic and posted speed limits for the crossing.

(5) Amount of freight trains and their timetable speeds operated through the crossing.

(6) Type of warning device present at the crossing, if any.

(7) Alignment of the roadway and the railroad, and the angle of the intersection of an alignment at the crossing.

(8) Use of the crossing by:

(A) trucks carrying hazardous materials;

(B) vehicles carrying passengers for hire;

(C) school buses; and

(D) emergency vehicles.

(9) Other appropriate criteria as determined by the department.

As added by P.L.81-1996, SEC.6.
Ind. Code § 8-20-1-31 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-31
Repealed
Status: repealed

Formerly: Acts 1905, c.167, s.41. As amended by Acts 1981, P.L.57, SEC.24; P.L.86-1988, SEC.183. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-1.5-3.5-3 — Indiana Code / Title 8 / Article 1.5 / Chapter 3.5 / Section 8-1.5-3.5-3
Utility's discretion to adjust unusually large bill when excess usage caused by undetectable damage to equipment
Status: in_force

Sec. 3. Notwithstanding IC 8-1-2-103(a), a utility may adjust an unusually large bill if the excess usage reflected in the bill is caused by physical damage to any facility or equipment supplying water to the premises and the damage:

(1) is not visible or detectable on the customer's premises except upon excavation or some other disturbance of the property; and

(2) is not the result of an act of the customer, or of any agent or contractor hired by the customer.

As added by P.L.53-2004, SEC.1.
Ind. Code § 8-6-7.5-2 — Indiana Code / Title 8 / Article 6 / Chapter 7.5 / Section 8-6-7.5-2
Successive train movements
Status: in_force

Sec. 2. It shall be unlawful for a railroad corporation to permit successive train movements to obstruct vehicular traffic at a railroad-highway grade crossing until all vehicular traffic previously delayed by such train movements has been cleared or a period of five (5) minutes has elapsed between train movements.

Formerly: Acts 1972, P.L.63, SEC.4.
Ind. Code § 8-23-1.1-41 — Indiana Code / Title 8 / Article 23 / Chapter 1.1 / Section 8-23-1.1-41
"Transportation plan"
Status: in_force

Sec. 41. "Transportation plan" means a statement evaluating transportation policy objectives and projecting specific long range comprehensive actions to accomplish policy objectives.

As added by P.L.145-2026, SEC.37.
Ind. Code § 8-1-2-61.8 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-61.8
"Rental unit community"
Status: in_force

Sec. 61.8. (a) As used in this section, "rental unit community" has the meaning set forth in IC 36-1-20-1.5.

(b) As used in this section, "utility" refers to a wastewater utility, whether or not the utility is under the jurisdiction of the commission for the approval of rates and charges.

(c) If a utility charges different rates for different classes of property based at least partially on consumption, the utility must charge a rental unit community a rate based at least partially on consumption.

(d) A rate for a rental unit community required by subsection (c) takes effect as follows:

(1) If the utility is not under the jurisdiction of the commission for the approval of rates and charges, the first date after June 30, 2016, that a change in the utility's rate structure becomes effective.

(2) If the utility is under the jurisdiction of the commission for the approval of rates and charges, the first date that a change in the utility's rate structure becomes effective after either of the following has occurred:

(A) The commission began review of the utility's rates after June 30, 2016.

(B) The utility sought a change in the utility's rates after June 30, 2016.

As added by P.L.107-2016, SEC.1.
Ind. Code § 8-3-1.5-23 — Indiana Code / Title 8 / Article 3 / Chapter 1.5 / Section 8-3-1.5-23
Rules and regulations
Status: repealed

Sec. 23. The department shall, subject to IC 8-9.5-2-6(7) (repealed), promulgate rules and regulations consistent with and for the purpose of adequately implementing the foregoing sections of this chapter.

Formerly: Acts 1975, P.L.79, SEC.1. As amended by Acts 1980, P.L.74, SEC.62; P.L.1-2009, SEC.68.
Ind. Code § 8-22-3.5-1.5 — Indiana Code / Title 8 / Article 22 / Chapter 3.5 / Section 8-22-3.5-1.5
Allocation area limitation
Status: in_force

Sec. 1.5. (a) This section does not apply to a parcel that is included in more than one (1) allocation area established by:

(1) an ordinance adopted under section 5 of this chapter and confirmed under section 6 of this chapter;

(2) a resolution adopted under IC 6-1.1-39-2 and confirmed under IC 6-1.1-39-3;

(3) a resolution establishing an allocation provision under IC 36-7-14-39 that is adopted and approved under IC 36-7-14-15, IC 36-7-14-16, and IC 36-7-14-17;

(4) a resolution establishing an allocation provision under IC 36-7-15.1-26 that is adopted and approved under IC 36-7-15.1-8, IC 36-7-15.1-9, and IC 36-7-15.1-10;

(5) a resolution establishing an allocation provision under IC 36-7-30-25 that is adopted and approved under IC 36-7-30-10, IC 36-7-30-11, and IC 36-7-30-12;

(6) a resolution establishing an allocation provision under IC 36-7-30.5-30 that is adopted and approved under IC 36-7-30.5-16, IC 36-7-30.5-17, and IC 36-7-30.5-18; or

(7) a resolution designating a certified technology park as an allocation area that is approved and adopted under IC 36-7-32-15;

on or before May 1, 2021. In addition, a new allocation area may not be established under this chapter that includes a parcel that is located in an allocation area described in this subsection.

(b) Except as provided in subsection (a), but notwithstanding any other provision, for the purpose of the allocation of property taxes under this chapter, a parcel may not be included in more than one (1) allocation area established under this chapter or under:

(1) IC 6-1.1-39;

(2) IC 36-7-14;

(3) IC 36-7-15.1;

(4) IC 36-7-30;

(5) IC 36-7-30.5;

(6) IC 36-7-32; or

(7) IC 36-7-32.5.

As added by P.L.38-2021, SEC.54. Amended by P.L.135-2022, SEC.21.
Ind. Code § 8-1-45-1 — Indiana Code / Title 8 / Article 1 / Chapter 45 / Section 8-1-45-1
"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.49-2025, SEC.1.
Ind. Code § 8-10-4-3 — Indiana Code / Title 8 / Article 10 / Chapter 4 / Section 8-10-4-3
Charges of lessees
Status: in_force

Sec. 3. Any lease of a project may provide that the lessee, as its reasonable portion of the ports of Indiana's administrative expense incurred by the ports of Indiana during the term of the lease which the lessee is required to pay by IC 8-10-1-10, shall pay to the ports of Indiana for the use of the harbor, the public docking facilities and public wharves and piers, all harbor, dockage, and wharfage charges established by the ports of Indiana.

Formerly: Acts 1969, c.292, s.3. As amended by P.L.66-1984, SEC.20; P.L.224-2003, SEC.228 and P.L.271-2003, SEC.28; P.L.98-2008, SEC.47.
Ind. Code § 8-23-1.1-2 — Indiana Code / Title 8 / Article 23 / Chapter 1.1 / Section 8-23-1.1-2
Application of additional definitions
Status: in_force

Sec. 2. The definitions in IC 36-1-2 apply to this article.

As added by P.L.145-2026, SEC.37.
Ind. Code § 8-1.5-2-12 — Indiana Code / Title 8 / Article 1.5 / Chapter 2 / Section 8-1.5-2-12
Sale of heat, light, water, or power to municipality
Status: in_force

Sec. 12. (a) Upon the approval by resolution of the municipal legislative body, a municipally owned utility may sell or furnish heat, light, water, or power to the municipality to be used exclusively for the furnishing of utility service to the municipality for its own municipal purposes.

(b) This section is not intended to permit the sale or furnishing of power to the municipality where the sale would affect the obligation of any contract or franchise.

As added by Acts 1982, P.L.74, SEC.1.
Ind. Code § 8-18-20-7 — Indiana Code / Title 8 / Article 18 / Chapter 20 / Section 8-18-20-7
Expiration of trustee's term; successor
Status: in_force

Sec. 7. (a) As the term of a trustee expires, a successor shall be appointed by the same appointing authority, for a term of four (4) years.

(b) A trustee holds over after the expiration of the trustee's term until a successor is appointed and qualified.

As added by P.L.386-1987(ss), SEC.20.
Ind. Code § 8-19-7-1 — Indiana Code / Title 8 / Article 19 / Chapter 7 / Section 8-19-7-1
Request for equipment and employees; charges
Status: in_force

Sec. 1. (a) Any resident taxpayer may petition the executive of the county where the taxpayer resides to use county highway equipment and employees for ditching, grading, or hauling gravel or stone or other services on the taxpayer's premises.

(b) The executive may order the county highway superintendent to do the work requested, if the county equipment is being used in the vicinity of the taxpayer's premises, and if the equipment is not needed for county business. The equipment may not be used for contractual work in any municipality or subdivision of the municipality.

(c) The county executive shall fix the charges for the work, which may not be less than the actual cost. The charge for hauling material may not be less than the actual cost per yard mile, or less than the private prevailing contract price in the community.

Formerly: Acts 1943, c.96, s.1. As amended by P.L.86-1988, SEC.164.
Ind. Code § 8-21-11-10 — Indiana Code / Title 8 / Article 21 / Chapter 11 / Section 8-21-11-10
Repayment of loans; source
Status: in_force

Sec. 10. As set forth in IC 5-1-14, an applicant may use any source of revenue to repay a loan under this chapter. This section constitutes complete authority for an applicant to borrow from the loan fund.

As added by P.L.34-1990, SEC.2.
Ind. Code § 8-1-28-14 — Indiana Code / Title 8 / Article 1 / Chapter 28 / Section 8-1-28-14
Recovery of costs incurred by utility in implementing measure set forth in plan but disapproved by commission upon review
Status: in_force

Sec. 14. 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 15 or 16 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, or gross mismanagement, 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 7(2) of this chapter unless the commission finds that the additional costs were necessary and prudent.

As added by P.L.76-1991, SEC.2.
Ind. Code § 8-2-17-5 — Indiana Code / Title 8 / Article 2 / Chapter 17 / Section 8-2-17-5
Rates and schedules; appeals
Status: in_force

Sec. 5. The rates of ferriage, reasonable rules for operation, and the schedule upon which the ferry shall be operated shall be fixed by the legislative body at the time of licensing the ferry, and from time to time thereafter as the body shall think proper. A list of rates, rules, and schedules shall be posted at one (1) or more conspicuous places on each ferryboat and at the place of landing. If the ferrykeeper, or any user of the ferry, is aggrieved by the establishing of the rates, rules, or schedules, the ferrykeeper or user shall have the right to appeal to the circuit court, superior court, or probate court of the proper county upon filing a bond, within thirty (30) days after the fixing of the rates, payable to the state, with security to be approved by the court, and conditioned for the due prosecution of the appeal, and the payment of all costs if judgment is rendered against the appellant. Upon appeal, the circuit court, superior court, or probate court shall have the power to review the rates of ferriage, rules, or schedules and fix the rates, rules, or schedules as may be just and proper.

Formerly: Acts 1921, c.137, s.5; Acts 1959, c.235, s.5. As amended by P.L.8-1989, SEC.46; P.L.84-2016, SEC.36.
Ind. Code § 8-25-1-1 — Indiana Code / Title 8 / Article 25 / Chapter 1 / Section 8-25-1-1
Purpose
Status: in_force

Sec. 1. The purpose of this article is to provide a flexible means of planning, designing, acquiring, constructing, enlarging, improving, renovating, maintaining, equipping, financing, operating, and supporting public transportation systems that can be adapted to the unique circumstances existing in central Indiana.

As added by P.L.153-2014, SEC.17.
Ind. Code § 8-1-2.6-2 — Indiana Code / Title 8 / Article 1 / Chapter 2.6 / Section 8-1-2.6-2
Rules and orders of the commission; notice and hearing; underlying policies; determination of public interest
Status: in_force

Sec. 2. (a) This section applies to rules and orders that:

(1) concern telecommunications service or providers of telecommunications service; and

(2) may be adopted or issued by the commission under the authority of state or federal law.

(b) Rules and orders described in this section:

(1) may be adopted or issued only after notice and hearing, unless:

(A) the commission acts in accordance with IC 8-1-2-113 during a disaster emergency that is declared by the governor and that requires the commission or a provider to take immediate action to:

(i) prevent injury to the business or interests of the citizens of Indiana; or

(ii) maintain a provider's financial integrity and ability to provide adequate basic telecommunications service;

(B) the commission is authorized under IC 8-1-2 to adopt a particular rule or issue a particular order without the necessity of a hearing; or

(C) after receiving notice of the commission's proposed action, all parties to a proceeding consent to the commission taking action without a hearing; and

(2) must be:

(A) consistent with this chapter; and

(B) in the public interest, as determined by the commission under subsection (d).

(c) Rules and orders described in this section must promote one (1) or more of the following:

(1) Cost minimization for providers to the extent that a provider's quality of service and facilities are not diminished.

(2) A more accurate evaluation by the commission of a provider's physical or financial conditions or needs as well as a less costly regulatory procedure for either the provider, the provider's customers, or the commission.

(3) Consumer access to affordable basic telecommunications service.

(4) Development of depreciation guidelines and procedures that recognize technological obsolescence.

(5) Increased provider management efficiency beneficial to customers.

(6) Regulation consistent with a competitive environment.

(d) In determining whether the public interest will be served, as required under subsection (b), the commission shall consider:

(1) whether technological change, competitive forces, or regulation by other state and federal regulatory bodies render the exercise of jurisdiction by the commission unnecessary or wasteful;

(2) whether the exercise of commission jurisdiction produces tangible benefits to the customers of providers; and

(3) whether the exercise of commission jurisdiction inhibits a regulated entity from competing with unregulated providers of functionally similar telecommunications services or equipment.

As added by P.L.92-1985, SEC.1. Amended by P.L.27-2006, SEC.19; P.L.107-2014, SEC.2; P.L.36-2026, SEC.6.
Ind. Code § 8-10-1-9 — Indiana Code / Title 8 / Article 10 / Chapter 1 / Section 8-10-1-9
Rules and regulations; adoption; publication; access by public officers; violation; offense
Status: in_force

Sec. 9. (a) The ports of Indiana shall have power to adopt such by-laws, rules and regulations as the ports of Indiana may deem advisable for the control and regulation of any port or project or traffic on any port or project, for the protection of and preservation of property under its jurisdiction and control, and for the maintenance and preservation of good order within the property under its control, and such by-laws, rules and regulations shall be published in a newspaper of general circulation in Marion County, Indiana, and in such other manner as the ports of Indiana shall prescribe; however, such rules and regulations shall provide that public officers shall be afforded ready access, while in performance of their official duty, to all property under the jurisdiction or control of the ports of Indiana without the payment of tolls.

(b) Such rules and regulations adopted under this section shall be adopted under IC 4-22-2.

(c) A person who violates a rule or regulation of the ports of Indiana commits a Class C infraction.

Formerly: Acts 1961, c.11, s.9. As amended by Acts 1976, P.L.28, SEC.2; Acts 1978, P.L.2, SEC.839; Acts 1980, P.L.75, SEC.1; P.L.224-2003, SEC.209 and P.L.271-2003, SEC.9; P.L.98-2008, SEC.19.
Ind. Code § 8-8-1-1 — Indiana Code / Title 8 / Article 8 / Chapter 1 / Section 8-8-1-1
Power driving wheel brakes; connections
Status: in_force

Sec. 1. It shall be unlawful for any common carrier engaged in moving traffic by railroad between points within this state to use on its line any locomotive in moving such traffic not equipped with power driving wheel brakes and appliances for operating the train brake system, or to run any train in such traffic that has not seventy-five (75) per cent of the cars in such train equipped with power or train brakes, and having the brakes used and operated by the engineer of the locomotive drawing such train, and all power brake cars in such train shall be associated together and have their brakes used and operated: Provided, That this section shall not apply to the handling of trains or cars in yard service, or to a local train while engaged in performing switching service.

Formerly: Acts 1907, c.118, s.1.
Ind. Code § 8-17-1-1.2 — Indiana Code / Title 8 / Article 17 / Chapter 1 / Section 8-17-1-1.2
"Highway" defined
Status: in_force

Sec. 1.2. As used in this chapter, "highway" includes highways, roads, streets, bridges, tunnels, and approaches.

As added by P.L.113-1989, SEC.3.
Ind. Code § 8-2.1-19.1-20 — Indiana Code / Title 8 / Article 2.1 / Chapter 19.1 / Section 8-2.1-19.1-20
Violation
Status: in_force

Sec. 20. A person that violates this chapter commits a Class A infraction.

As added by P.L.175-2015, SEC.10.
Ind. Code § 8-1-8-1 — Indiana Code / Title 8 / Article 1 / Chapter 8 / Section 8-1-8-1
Limitations on power
Status: in_force

Sec. 1. (a) A public utility, except in cities of the third class, engaged in the production, transmission, delivery, or furnishing of heat, light, water, or power or for the collection, treatment, purification, and disposal in a sanitary manner of liquid and solid sewage or furnishing facilities for transmission of intelligence by electricity to towns and cities and to the public in general or for the furnishing of elevator or warehouse service, either directly or indirectly, to or for the public, for the purpose of enabling it to perform its functions, may appropriate and condemn lands of individuals and private corporations, or any easement in any lands, necessary to the carrying out of its objects, whether the same be for its building, structures, dams, line of poles, wires, mains, conduits, and pipelines, or right-of-way to accommodate railway siding or switch tracks connecting its plant or plants with the tracks of any common carrier, overflowage by backwater from its dams, waste, or sluiceways.

(b) However, within the limits of any incorporated town or city, the authority to appropriate does not:

(1) extend to lands situated in any city block in which more than fifty percent (50%) of the frontage is devoted to residence purposes;

(2) extend to common carriers engaged in the transportation of freight or passengers; or

(3) give to any public utility any right or authority to:

(A) appropriate any land or easement within the corporate limits of any city for overflowage by backwater from any dam;

(B) appropriate or acquire any dam, race, or sluiceway existing on May 31, 1921, or any interest in either, except to use water for condensation purposes;

(C) appropriate or acquire any pipeline laid or contained within the limits of private property; or

(D) authorize any corporation developing hydroelectric power to unreasonably interfere with or disturb the natural flow of the stream from which power may be derived. Lands or easements in lands acquired by appropriation and condemnation shall be held and enjoyed by the company for those purposes as though the land or easement had been acquired by purchase.

(c) If a not-for-profit sewer utility (as described in IC 8-1-2-125(a)) appropriates or condemns land to acquire an easement or right-of-way necessary to carry out the not-for-profit sewer utility's objectives, the easement or right-of-way may not exceed fifty (50) feet in width.

(d) The appropriation and condemnation of lands and easements in lands authorized by this section must be done under the terms and conditions and in the manner prescribed by IC 32-24-1.

Formerly: Acts 1921, c.98, s.1; Acts 1961, c.195, s.1. As amended by P.L.59-1984, SEC.59; P.L.2-2002, SEC.36; P.L.97-2012, SEC.2.
Ind. Code § 8-21-3-3 — Indiana Code / Title 8 / Article 21 / Chapter 3 / Section 8-21-3-3
Report of accidents
Status: in_force

Sec. 3. (a) Any person who, while operating any aircraft, shall have been involved in any aircraft accident in this state resulting in bodily injury or death, or in damage to property of another in excess of seven thousand five hundred dollars ($7,500) or the owner of such aircraft, shall within ten (10) days following such aircraft accident report the same to the department.

(b) A report of an aircraft accident under this section must include the following information:

(1) Name of the operator of the aircraft.

(2) Name of the owner of the aircraft.

(3) Means of financial responsibility and financial assurance.

(4) Date of the accident.

(5) Location of the accident.

(6) Federal Aviation Administration registration number.

(c) The owner or operator of an aircraft shall, upon request, provide the information required in subsection (b) to a damaged or injured party or a damaged or injured party's representative.

Formerly: Acts 1951, c.267, s.3; Acts 1953, c.85, s.2. As amended by Acts 1980, P.L.74, SEC.318; P.L.50-2024, SEC.2.
Ind. Code § 8-14-1-7 — Indiana Code / Title 8 / Article 14 / Chapter 1 / Section 8-14-1-7
Short title
Status: in_force

Sec. 7. This chapter shall be known as the "Motor Vehicle Highway Account Act". The distribution herein set out under section 3 of this chapter is hereby declared to be equitable.

Formerly: Acts 1941, c.168, s.7. As amended by P.L.66-1984, SEC.55.
Ind. Code § 8-15.5-6-5 — Indiana Code / Title 8 / Article 15.5 / Chapter 6 / Section 8-15.5-6-5
Agreements for maintenance and other services
Status: in_force

Sec. 5. An operator may enter into agreements for maintenance or other services under this article with the authority, the department, or other state agencies. The authority may:

(1) with the assistance of all applicable state agencies, establish a unified permitting and licensing process for the processing and issuance of all necessary permits and licenses for projects under this article, including, but not limited to, all environmental permits and business and tax licenses; and

(2) provide other services for which the authority is reimbursed, including, but not limited to, preliminary planning, environmental certification (including the procurement of all necessary environmental permits), and preliminary design of projects under this article.

As added by P.L.47-2006, SEC.39. Amended by P.L.205-2013, SEC.160.
Ind. Code § 8-1.5-3.5-1 — Indiana Code / Title 8 / Article 1.5 / Chapter 3.5 / Section 8-1.5-3.5-1
"Unusually large bill"
Status: in_force

Sec. 1. As used in this chapter, "unusually large bill" means a residential water bill that reflects monthly water usage, in whatever units measured, that is at least two (2) times the customer's average monthly usage at the premises.

As added by P.L.53-2004, SEC.1. Amended by P.L.2-2005, SEC.26.
Ind. Code § 8-1-8.5-12 — Indiana Code / Title 8 / Article 1 / Chapter 8.5 / Section 8-1-8.5-12
Coal transition workers; priority for awarding high value workforce ready credit-bearing grants
Status: in_force

Sec. 12. (a) As used in this section, "coal industry employment" means employment:

(1) at a commercial coal mine in Indiana;

(2) at a coal fired electric generating unit in Indiana; or

(3) in an Indiana based manufacturing or transportation supply chain serving:

(A) a commercial coal mine in Indiana; or

(B) a coal fired electric generating unit in Indiana.

(b) As used in this section, "coal transition worker" means:

(1) an individual who:

(A) has been laid off or terminated from the individual's coal industry employment; or

(B) has received a notice of termination or layoff from the individual's coal industry employment;

as a result of the permanent closure of, or a substantial layoff at, a commercial coal mine in Indiana or a coal fired electric generating unit in Indiana; or

(2) an individual who:

(A) has:

(i) been laid off or terminated, for a reason other than cause; or

(ii) received a notice of termination or layoff, for a reason other than cause;

from the individual's coal industry employment; and

(B) is unlikely to obtain employment in an industry described in subsection (a)(1) through (a)(3) because of market forces or other factors affecting the industry.

(c) In awarding high value workforce ready credit-bearing grants under IC 21-12-8, the commission for higher education, in conjunction with the department of workforce development, shall give priority to an applicant who is a coal transition worker if the applicant is otherwise eligible for a grant under IC 21-12-8-9.

As added by P.L.165-2020, SEC.2.
Ind. Code § 8-23-9-52 — Indiana Code / Title 8 / Article 23 / Chapter 9 / Section 8-23-9-52
Contracts specifying borrow or clearing and grubbing; standards
Status: in_force

Sec. 52. (a) A department contract that specifies borrow or clearing and grubbing must require the contractor to conform to the department's manual of standard specifications and must include standards for the following:

(1) Borrow pit back-slopes.

(2) Control of drainage water.

(3) Degree of restoration.

(b) Restoration of borrow areas and disposal areas must meet or exceed the standards for seeding and sodding of roadside areas.

(c) Final cleanup provisions of the contract apply to the removal and disposal of perishable materials and debris from the highway right-of-way to an off-road site.

As added by P.L.18-1990, SEC.218.
Ind. Code § 8-23-9-3 — Indiana Code / Title 8 / Article 23 / Chapter 9 / Section 8-23-9-3
Lowest and best bidder; letting of contract; determination
Status: in_force

Sec. 3. Except as provided in sections 4 and 4.5 of this chapter, the commissioner shall let the contract for the construction, improvement, or maintenance of the road to the lowest and best bidder. The determination of the lowest and best bidder must include any requirement imposed under section 13 of this chapter. The lowest and best bid may not be for a greater sum than the estimated cost of the project.

As added by P.L.18-1990, SEC.218. Amended by P.L.89-1991, SEC.1.
Ind. Code § 8-1-47-2 — Indiana Code / Title 8 / Article 1 / Chapter 47 / Section 8-1-47-2
"Eligible program costs"
Status: in_force

Sec. 2. (a) As used in this chapter, "eligible program costs" means costs that are associated with an electricity supplier's low income customer assistance program and that:

(1) have been incurred, or are reasonably estimated to be incurred, by the electricity supplier in administering the low income customer assistance program, including administrative activities involving:

(A) customer eligibility verification;

(B) billing services; and

(C) contribution management; and

(2) have not been and will not be recovered by the electricity supplier through contributions of any money, services, or property that have been or will be provided at no cost to the electricity supplier by or through any:

(A) governmental agency or program; or

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

in support of the program.

(b) The term does not include lost revenues associated with an electricity supplier's low income customer assistance program.

As added by P.L.36-2026, SEC.11.
Ind. Code § 8-1-40.5-15 — Indiana Code / Title 8 / Article 1 / Chapter 40.5 / Section 8-1-40.5-15
Lien on and security interest in securitization property
Status: in_force

Sec. 15. (a) A valid and enforceable lien and security interest in securitization property may be created only by a financing order and the execution and delivery of a security agreement with a financing entity in connection with the issuance of securitization bonds.

(b) The lien and security interest attach automatically from the time that value is received for the securitization bonds, and:

(1) constitute a continuously perfected lien and security interest in the securitization property and all proceeds of the property, whether or not accrued;

(2) have priority in the order of their filing, if a financing statement is filed with respect to the security interest in accordance with IC 26-1; and

(3) take precedence over any subsequent:

(A) judicial lien; or

(B) other creditor's lien.

In addition to the rights and remedies provided by this chapter, all rights and remedies provided by IC 26-1 with respect to a security interest apply with respect to securitization property.

(c) Transfer of an interest in securitization property to an assignee is perfected against all third parties, including subsequent judicial or other lien creditors, if a financing statement is filed with respect to the transfer in accordance with IC 26-1.

(d) The priority of a lien and security interest under this section is not impaired by the following:

(1) A later modification of the financing order under which the securitization property arises.

(2) The commingling of other funds with funds arising from the collection of securitization charges. Any other security interest that may apply to funds arising from the collection of securitization charges terminates when the funds are transferred to a segregated account for the benefit of the assignee or a financing entity. If securitization property has been transferred to an assignee, any proceeds from that property shall be held in trust for the assignee.

(e) If the electric utility or any of its successors default in paying revenues arising with respect to the securitization property, the commission or a court having jurisdiction shall, upon application of the financing party, and without limiting any other remedies available to the financing party, order the:

(1) sequestration; and

(2) payment to the financing party;

of revenues arising with respect to the securitization property. An order under this subsection remains in full force and effect notwithstanding any bankruptcy, reorganization, or other insolvency proceedings with respect to the debtor or any pledger or transferor of the securitization property.

(f) Securitization property constitutes an account as defined in IC 26-1-9.1-102.

(g) For purposes of this chapter and IC 26-1, securitization property is considered to exist regardless of whether:

(1) the revenue or proceeds with respect to the property have accrued; or

(2) the value of the property right is dependent on the customers of an electric utility receiving service.

(h) Changes in a financing order or in customers' securitization charges do not affect the validity, perfection, or priority of the security interest in the related securitization property.

(i) The description of securitization property in a security agreement, in another agreement, or in a financing statement is sufficient if it refers to this chapter and the financing order under which the securitization property arises.

(j) This chapter controls in any conflict between this chapter and any other Indiana law regarding:

(1) the attachment and perfection;

(2) the effect of perfection; and

(3) the priority;

of any security interest in securitization property.

As added by P.L.80-2021, SEC.1.
Ind. Code § 8-20-1-50.1 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-50.1
Repealed
Status: repealed

As added by P.L.86-1988, SEC.201. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-8-3-2 — Indiana Code / Title 8 / Article 8 / Chapter 3 / Section 8-8-3-2
Enforcement orders
Status: in_force

Sec. 2. If, after investigation, it is found that the engines are not constructed and operated as set out in section 1 of this chapter, the Indiana department of transportation may make and enforce against the railroad companies an order or orders as necessary to require the equipment of the locomotive engines to comply with section 1 of this chapter.

Formerly: Acts 1913, c.291, s.2. As amended by P.L.62-1984, SEC.116; P.L.384-1987(ss), SEC.77; P.L.18-1990, SEC.87.
Ind. Code § 8-1.5-4-15 — Indiana Code / Title 8 / Article 1.5 / Chapter 4 / Section 8-1.5-4-15
Construction, extension, or improvement; procedure
Status: in_force

Sec. 15. (a) If, upon investigation, the board finds:

(1) that the waterworks, plant, system, or equipment is insufficient to furnish the necessary supply of water to properly protect the public health and welfare and safeguard the property within the waterworks district; or

(2) that it is necessary to rebuild, repair, extend, and improve the waterworks, plant, systems, and equipment and to acquire lands, construct, erect, or acquire other plants, reservoirs, systems, and other structures and equipment appurtenant to them;

the board shall prepare maps, plans, specifications, and drawings with full details and descriptions for the proposed work, together with an estimate of the cost. The board shall also prepare a description of all property rights necessary to be acquired in connection with the proposed work and the manner in which the rights are to be acquired, whether by purchase or appropriation, along with a description of any other lands that may be injuriously affected, together with the estimated cost.

(b) The board shall then adopt a resolution:

(1) declaring that it is necessary for the protection of the public health and welfare of the inhabitants of the waterworks district and the safeguarding of the property within the district;

(2) declaring that it is of public utility and benefit;

(3) appropriating the property described in the resolution;

(4) stating the maximum proposed cost of any land to be purchased; and

(5) adopting plans, maps, specifications, drawings, details, descriptions, and estimates.

(c) If the resolution is adopted, the board shall publish a notice in accordance with IC 5-3-1 of the adoption, the resolution, and the fact that plans, specifications, and estimates have been prepared and can be inspected. The notice must also name a date, not less than ten (10) days after the date of the last publication, when the board will receive or hear remonstrances from the persons interested in, or affected by, the resolution, and when it will determine their public utility and benefit. Notice shall be mailed to the owners of all lands appropriated by the resolution. If a landowner is a nonresident and his place of residence is known, a notice shall be mailed to the nonresident owner. If the nonresident owner's residence is unknown to the board, then he is considered notified of the pendency of the proceedings by the publication of notice.

(d) In the resolution and notice, separate descriptions of each piece or parcel of land are not required, but it is a sufficient description of the property purchased or to be purchased, or to be appropriated or damaged, to give a description of the entire tract, whether it is one (1) or more lots or parcels and whether it is owned by one (1) or more persons.

(e) All persons affected by the proceedings, including all taxpayers in the waterworks district, are considered to be notified of the proceedings and all subsequent acts, hearings, adjournments, and orders of the board by the original publication of notice.

(f) The board may, before adoption of the resolution, obtain from the owners of the land an option for its purchase or may enter into a contract for its purchase after an appraisal by two (2) qualified land surveyors. Such an option or contract is subject to the final action of the board confirming, modifying, or rescinding the resolution.

As added by Acts 1982, P.L.74, SEC.1.
Ind. Code § 8-25-5-14 — Indiana Code / Title 8 / Article 25 / Chapter 5 / Section 8-25-5-14
Certain procedures for issuance of bonds inapplicable
Status: in_force

Sec. 14. IC 6-1.1-20 does not apply to the issuance of bonds under this chapter.

As added by P.L.153-2014, SEC.17.
Ind. Code § 8-1-8.7-5 — Indiana Code / Title 8 / Article 1 / Chapter 8.7 / Section 8-1-8.7-5
Modification or revocation of certificate
Status: in_force

Sec. 5. When, in the opinion of the commission, changes in the estimate of the cost or the need for clean coal technology occur, the commission shall immediately commence a review of the certificate granted under this chapter to determine if public convenience and necessity will be served by the implementation of the technology. If the commission finds that implementation of the technology will not serve the public convenience and necessity, the commission may modify or revoke the certificate.

As added by P.L.105-1989, SEC.4.
Ind. Code § 8-10-5-8.7 — Indiana Code / Title 8 / Article 10 / Chapter 5 / Section 8-10-5-8.7
Bonding
Status: in_force

Sec. 8.7. (a) The board of directors may, by resolution, recommend to the governing body of the municipality or municipalities creating the port authority that they authorize general obligations, mortgage, or revenue bonds for any one (1) or more of the following purposes:

(1) To acquire or improve port or harbor sites.

(2) To acquire, construct, extend, alter, or improve structures, ways, facilities, or equipment necessary for the proper operation of the port authority or the port or harbor within its jurisdiction.

(3) To refund outstanding bonds and matured interest coupons and issue and sell refunding bonds for that purpose.

(b) Before making a recommendation authorized by subsection (a), the board shall give notice of a public hearing at which time the board shall disclose the purpose for which the bond issue is proposed, the amount of the proposed issue, and all other pertinent data. At least ten (10) days before the date set for hearing, the board shall publish in two (2) newspapers of general circulation in the city, county, counties, or other municipalities involved, a notice of the date, time, place, and purpose of the hearing. If there is only one (1) newspaper, one (1) notice is sufficient.

(c) The governing body shall review the proposal of the board of directors of the port authority and if it approves shall provide for the advertisement and sale of the issue in compliance with IC 5-1-11. For purposes of this chapter, IC 5-1-11 applies as fully to mortgage bonds as to general obligation or revenue bonds.

(d) Bonds issued under the authority of this chapter are not subject to limitations on interest rates.

(e) The governing body shall fix the date, time, and place of payment of principal and interest, but no issue may have a maturity date later than:

(1) forty (40) years after date of issue, in the case of bonds issued before July 1, 2011; or

(2) twenty-five (25) years after date of issue, in the case of bonds issued after June 30, 2011.

(f) Bonds issued under this chapter, together with the interest thereon, are tax exempt.

(g) The governing body shall apply the proceeds from the sale of bonds exclusively to the purposes for which the bonds were issued and only to the extent necessary therefor. Any remaining balance shall be placed in a sinking fund for the payment of the bonds and the interest on the bonds.

(h) This chapter does not affect obligations existing before July 1, 2010, on outstanding bonds. If a board of directors or a port authority is discontinued, as provided in section 4 of this chapter, the primary obligations on its bonds remain unaffected. In addition, the city or county or municipalities involved in the issuance of bonds shall assume liability for the payment of the bonds according to their terms and in relation to their interest or proportion in the bonds.

As added by P.L.49-2010, SEC.4. Amended by P.L.229-2011, SEC.101.
Ind. Code § 8-21-11-12 — Indiana Code / Title 8 / Article 21 / Chapter 11 / Section 8-21-11-12
Deposit of repayments
Status: in_force

Sec. 12. The department shall deposit repayments of principal and interest on loans in the loan fund to increase the amount that is available for new loans.

As added by P.L.34-1990, SEC.2.
Ind. Code § 8-9-8-1 — Indiana Code / Title 8 / Article 9 / Chapter 8 / Section 8-9-8-1
Passing examination of flagging rules; violation
Status: in_force

Sec. 1. It is a Class C infraction for a steam railroad company to permit any foreman or person having charge of sectionmen employed for the purpose of building, constructing, and repairing railroad tracks to operate with the sectionmen outside of yard limits without the foreman or person having two (2) persons in the section who are capable of passing the examination of flagging rules of the company.

Formerly: Acts 1911, c.233, s.1; Acts 1975, P.L.34, SEC.5. As amended by Acts 1977, P.L.2, SEC.42; Acts 1978, P.L.2, SEC.838.
Ind. Code § 8-4-33-3 — Indiana Code / Title 8 / Article 4 / Chapter 33 / Section 8-4-33-3
Maintenance and repair
Status: in_force

Sec. 3. When such fence, barrier and cattle-guards are completed, such railroad corporation, lessee, assignee, receiver or other person or corporation operating and controlling the same shall keep the same in good repair and sufficient to answer the purposes for which constructed, and if any such corporation, lessee, assignee, receiver or other person or corporation shall permit any part of the fence, barrier or cattle-guards to get out of repair so that it will not turn cattle, horses, mules, sheep, hogs or other stock, the owner of the land abutting upon the land or right of way of such railroad may notify the agent, in writing, for receiving and shipping freight at the station nearest the tract of land so owned by such person, that a portion of the fence is out of repair, stating where the same is out of repair, and the probable cost of making such repair, and if such railroad corporation, lessee, assignee, receiver or other person or corporation shall fail, for thirty (30) days, to make or commence such repairs, such abutting landowner shall have the right to enter upon the land, right of way and railroad track, and make such repairs, and shall furnish a sworn itemized account of the cost of such repairs, including the material necessarily used and the labor, to the agent aforesaid, and if such bill is not paid within sixty (60) days from the time the same was so furnished to such agent, the said party so making such repairs may recover the reasonable value of such repairs so made from such railroad corporation, lessee, assignee, receiver, or other person or corporation so controlling and operating the same, together with reasonable attorney's fees: Provided, That in case the said railroad corporation or person operating the same, liable for such repairs, shall, within said sixty (60) days, tender to such person so making such repairs a sum of money in satisfaction of such repairs made by him, and such person shall refuse to accept the same, and shall sue for the recovery of the value of such repairs, and shall not recover more than was so tendered, he shall not recover attorney's fees in such suit.

Formerly: Acts 1885(ss), c.91, s.3.
Ind. Code § 8-6-4-1.3 — Indiana Code / Title 8 / Article 6 / Chapter 4 / Section 8-6-4-1.3
Legalization of certain ordinances; review of crossing safety levels; program to increase crossing safety
Status: in_force

Sec. 1.3. (a) An ordinance that would be permitted under section 1(e) of this chapter, as added by P.L.101-1993, that was adopted before April 27, 1993:

(1) is legalized; and

(2) may be enforced on May 12, 1993.

(b) The Indiana department of transportation shall conduct a review of crossing safety levels at all crossings to which an ordinance legalized under this section applies.

(c) If the Indiana department of transportation finds, based upon the results of the department's review under subsection (b), that the crossing safety level at a crossing to which an ordinance legalized under this section applies creates an undue risk of harm to the public, the department shall, after consulting with the railroad and the municipality, develop a program to increase crossing safety to an acceptable level, as determined by the department, at the crossing.

(d) A program to increase crossing safety under subsection (c) must be decided after an evaluation of all remedies available to the Indiana department of transportation and the costs and benefits of each remedy. The department must consider the following in an evaluation of the costs and benefits of each remedy upon the municipality:

(1) The degree to which the remedy is likely to increase safety at the crossing.

(2) The economic impact of the cost of the remedy, including possible cost-sharing mechanisms.

(3) The impact of the remedy upon the environment in the municipality.

As added by P.L.220-2011, SEC.194. Amended by P.L.69-2013, SEC.3.
Ind. Code § 8-23-1.1-12 — Indiana Code / Title 8 / Article 23 / Chapter 1.1 / Section 8-23-1.1-12
"Commissioner"
Status: in_force

Sec. 12. "Commissioner" refers to the commissioner of the department.

As added by P.L.145-2026, SEC.37.
Ind. Code § 8-1-32.3-3 — Indiana Code / Title 8 / Article 1 / Chapter 32.3 / Section 8-1-32.3-3
"Business day"
Status: in_force

Sec. 3. As used in this chapter, "business day" means a day other than a Saturday, a Sunday, or a legal holiday (as defined in IC 1-1-9-1).

As added by P.L.145-2015, SEC.3.
Ind. Code § 8-1-2.2-14 — Indiana Code / Title 8 / Article 1 / Chapter 2.2 / Section 8-1-2.2-14
Trust funds
Status: in_force

Sec. 14. Trust Funds. Notwithstanding any other provisions of law to the contrary, all moneys received pursuant to the authority of this chapter, whether as proceeds from the sale of bonds or as revenues, shall be considered trust funds to be held and applied solely as provided in this chapter. The resolution authorizing the bonds of any issue, or the trust agreement securing such bonds, may provide that any of those moneys may be temporarily invested and reinvested pending the disbursements of those moneys in securities and other investments as shall be provided in the resolution or trust agreement, and shall also provide that any officer with whom, or any bank or trust company with which, such moneys shall be deposited shall act as trustee of those moneys and shall hold and apply them as directed, subject to such regulation as this chapter and the resolution or trust agreement may provide.

As added by Acts 1980, P.L.68, SEC.1.
Ind. Code § 8-1-2.6-4.1 — Indiana Code / Title 8 / Article 1 / Chapter 2.6 / Section 8-1-2.6-4.1
Biennial review of rules
Status: in_force

Sec. 4.1. (a) Not later than:

(1) July 1, 2007; and

(2) July 1 of each odd-numbered year after July 1, 2007;

the commission shall, through a rulemaking proceeding under IC 4-22-2 or another commission proceeding, identify and eliminate rules and policies concerning telecommunications service and telecommunications service providers if the rules or policies are no longer necessary in the public interest or for the protection of consumers as the result of meaningful economic competition between providers of telecommunications services.

(b) A rule adopted under subsection (b) (as subsection (b) was in effect before its expiration on June 30, 2013) is void after June 30, 2013.

As added by P.L.27-2006, SEC.21. Amended by P.L.256-2013, SEC.7; P.L.53-2014, SEC.77.
Ind. Code § 8-23-12-6 — Indiana Code / Title 8 / Article 23 / Chapter 12 / Section 8-23-12-6
Supplements to reports
Status: in_force

Sec. 6. Notwithstanding any other provisions of this chapter, the department shall annually prepare and publish a supplement to the report containing appropriate financial data and status of projects financed from the state's primary highway system fund.

As added by P.L.18-1990, SEC.221.
Ind. Code § 8-15-3-3 — Indiana Code / Title 8 / Article 15 / Chapter 3 / Section 8-15-3-3
"Owner"
Status: in_force

Sec. 3. As used in this chapter, "owner" includes any individual, partnership, association, limited liability company, or corporation having title or interest in any property right, easement, or interest acquired by this chapter.

As added by P.L.386-1987(ss), SEC.13. Amended by P.L.8-1993, SEC.146.
Ind. Code § 8-14.5-3-7 — Indiana Code / Title 8 / Article 14.5 / Chapter 3 / Section 8-14.5-3-7
Contracts and agreements
Status: in_force

Sec. 7. The authority may make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this article or any other law. These contracts or agreements are not subject to any approvals other than the approval of the authority and may be for any term of years and contain any terms that are considered reasonable by the authority.

As added by P.L.68-1988, SEC.12.
Ind. Code § 8-1-2.2-21 — Indiana Code / Title 8 / Article 1 / Chapter 2.2 / Section 8-1-2.2-21
Tax exempt status
Status: in_force

Sec. 21. Tax Exempt Status. Bonds, their transfer and the income therefrom (including any profit made on the sale thereof), shall at all times be free from taxation by the state or any political subdivision or any agency of either thereof, excepting inheritance or gift taxes.

As added by Acts 1980, P.L.68, SEC.1.
Ind. Code § 8-22-3-4.2 — Indiana Code / Title 8 / Article 22 / Chapter 3 / Section 8-22-3-4.2
Authority established under IC 8-22-3-1.1; members of board
Status: in_force

Sec. 4.2. In the event that an authority is established under section 1.1 of this chapter, the board consists of six (6) members. Three (3) members of the board shall be appointed by the board of commissioners of the county, and three (3) members of the board shall be appointed by the mayor of the second class city. Not more than two (2) members appointed by the board of commissioners of the county may be members of the same political party and not more than two (2) members appointed by the mayor of the second class city may be members of the same political party.

As added by P.L.100-1985, SEC.2.
Ind. Code § 8-17-5-8 — Indiana Code / Title 8 / Article 17 / Chapter 5 / Section 8-17-5-8
County highway engineer appropriation
Status: in_force

Sec. 8. There is annually appropriated from the counties' share of the April distribution of the motor vehicle highway account the amount necessary to make the distributions under this chapter for assisting the counties in the employment of a full-time county highway engineer.

Formerly: Acts 1963, c.131, s.8. As amended by Acts 1980, P.L.77, SEC.1; P.L.86-1988, SEC.129; P.L.120-2019, SEC.1.
Ind. Code § 8-1-2.2-17 — Indiana Code / Title 8 / Article 1 / Chapter 2.2 / Section 8-1-2.2-17
Agreement of state with bondholders
Status: in_force

Sec. 17. Agreement of the State. The state hereby covenants and agrees with the holders of any bonds that so long as any bonds of a municipality or joint agency issued under this chapter are outstanding and unpaid, the state will not limit or alter the rights vested in such municipality or joint agency to acquire, construct, reconstruct, improve, enlarge, extend, own, operate and maintain its electric system or any project or interest in any project, or to establish, maintain, revise, charge, and collect the rents, rates, fees and charges referred to in this chapter and to fulfill the terms of any agreements made with the holders of the bonds or in any way impair the rights and remedies of the bondholders, until the bonds, together with interest thereon, interest on any unpaid installment of interest, and all costs and expenses in connection with any action or proceedings by or on behalf of the bondholders, are fully paid, met and discharged.

As added by Acts 1980, P.L.68, SEC.1.
Ind. Code § 8-3-1.5-7 — Indiana Code / Title 8 / Article 3 / Chapter 1.5 / Section 8-3-1.5-7
Interstate commerce commission certificate
Status: in_force

Sec. 7. After acquiring any railroad lines within the State, the department shall assist any responsible person, firm, or corporation to secure, as promptly as possible, any order or certificate required by the Interstate Commerce Commission for the performance of railroad service. The department shall also give any assurances or guarantees which are necessary or desirable to carry out the purposes of this chapter.

Formerly: Acts 1975, P.L.79, SEC.1. As amended by Acts 1980, P.L.74, SEC.46.
Ind. Code § 8-10-4-1 — Indiana Code / Title 8 / Article 10 / Chapter 4 / Section 8-10-4-1
"Self-liquidating or nonrecourse project"
Status: in_force

Sec. 1. (a) As used in this chapter, "self-liquidating or nonrecourse project" means:

(1) a project for which a lease or leases have been executed providing for payment in an amount the ports of Indiana determines to be sufficient to pay:

(A) the interest and principal of the bonds to be issued to finance the cost of the project; and

(B) all costs of maintenance, repair, and insurance of the project; or

(2) a project that is structured in such a manner that the ports of Indiana determines there is no recourse against the state or the ports of Indiana.

(b) Other words and terms used in this chapter shall have the same meaning as in IC 8-10-1-2 and the other provisions of this article, unless otherwise specifically provided.

Formerly: Acts 1969, c.292, s.1. As amended by P.L.66-1984, SEC.18; P.L.224-2003, SEC.226 and P.L.271-2003, SEC.26; P.L.232-2005, SEC.8; P.L.98-2008, SEC.45.
Ind. Code § 8-18-8-5 — Indiana Code / Title 8 / Article 18 / Chapter 8 / Section 8-18-8-5
Maintenance of county highways; payment of expenses
Status: in_force

Sec. 5. All expenses incurred in the maintenance of county highways shall first be paid out of funds from the gasoline tax, special fuel tax, and the motor vehicle registration fees that are paid to the counties by the state. In addition, a county may use funds derived from the:

(1) county vehicle excise tax;

(2) county wheel tax;

(3) local income tax (IC 6-3.6);

(4) riverboat admission tax (IC 4-33-12);

(5) riverboat wagering tax (IC 4-33-13); or

(6) property taxes and miscellaneous revenue deposited in the county general fund.

Formerly: Acts 1932(ss), c.16, s.5. As amended by P.L.66-1984, SEC.111; P.L.99-1985, SEC.1; P.L.86-1988, SEC.157; P.L.76-1990, SEC.2; P.L.90-1997, SEC.1; P.L.30-2012, SEC.1; P.L.197-2016, SEC.83; P.L.256-2017, SEC.95.
Ind. Code § 8-1-11.1-17 — Indiana Code / Title 8 / Article 1 / Chapter 11.1 / Section 8-1-11.1-17
Examination and audit of books and accounts
Status: in_force

Sec. 17. The books, accounts, records and transactions of said utility district and of the board of directors thereof shall be subject to examination, audit and supervision by the state board of accounts to the same extent as the books, accounts, records and transactions of other municipal governments or officers or departments of municipal governments are subject thereto.

[Pre-Local Government Recodification Citation: 19-3-24-17.]

As added by Acts 1981, P.L.11, SEC.43.
Ind. Code § 8-1-13-12 — Indiana Code / Title 8 / Article 1 / Chapter 13 / Section 8-1-13-12
Sale, encumbrance, or other disposition of property
Status: in_force

Sec. 12. (a) No corporation may sell, lease, or otherwise dispose of all, or substantially all, the property of the corporation unless (1) the same shall be authorized by a resolution duly adopted at a meeting of its members duly called and held as provided in section 8 of this chapter, which resolution shall have received the affirmative vote of at least a majority of all its members and unless (2) the same shall be approved by the commission.

(b) The board of directors of a corporation shall have full power and authority, without authorization by the members thereof, to authorize the execution and delivery of a mortgage, or mortgages, or a deed or deeds of trust of, or the pledging or encumbering of, any of or all the property, assets, rights, privileges, licenses, franchises and permits of the corporation, whether acquired or to be acquired and wherever situated, as well as the revenues therefrom, for the purpose of financing the construction or maintenance of the corporations' distribution or transmission system or systems, and for general plant as defined in the uniform system of accounts prescribed by the commission, all upon such terms and conditions as the board of directors shall determine, to secure any indebtedness of the corporation to any federal agency or to any financial institution, which action of the board of directors shall not be subject to the approval of the commission if the corporation has a mortgage with any federal agency.

Formerly: Acts 1935, c.175, s.12; Acts 1937, c.258, s.8; Acts 1953, c.47, s.1; Acts 1969, c.117, s.1; Acts 1971, P.L.83, SEC.1. As amended by Acts 1977, P.L.102, SEC.3; P.L.23-1988, SEC.49.
Ind. Code § 8-25-1-5 — Indiana Code / Title 8 / Article 25 / Chapter 1 / Section 8-25-1-5
"Light rail"
Status: in_force

Sec. 5. "Light rail" means a streetcar type vehicle railway operated on city streets, semi-private rights-of-way, or exclusive private rights-of-way using step-entry vehicles or level boarding.

As added by P.L.153-2014, SEC.17.
Ind. Code § 8-14-8-3 — Indiana Code / Title 8 / Article 14 / Chapter 8 / Section 8-14-8-3
"Qualified county"
Status: in_force

Sec. 3. For purposes of this chapter, "qualified county" refers to any of the following counties:

(1) A county having a population of more than sixty thousand (60,000) and less than sixty-five thousand (65,000).

(2) A county having a population of more than forty-three thousand five hundred (43,500) and less than forty-five thousand (45,000).

(3) A county having a population of more than thirty-three thousand (33,000) and less than thirty-three thousand one hundred (33,100).

(4) A county having a population of more than thirty-three thousand three hundred (33,300) and less than thirty-four thousand (34,000).

(5) A county having a population of more than twenty-five thousand (25,000) and less than twenty-six thousand (26,000).

(6) A county having a population of more than nineteen thousand (19,000) and less than nineteen thousand eight hundred (19,800).

(7) A county having a population of more than nineteen thousand eight hundred (19,800) and less than nineteen thousand eight hundred fifty (19,850).

(8) A county having a population of more than twelve thousand two hundred (12,200) and less than twelve thousand five hundred (12,500).

(9) A county having a population of more than nine thousand eight hundred (9,800) and less than ten thousand (10,000).

(10) A county having a population of more than ten thousand (10,000) and less than twelve thousand (12,000).

As added by Acts 1981, P.L.88, SEC.12. Amended by Acts 1982, P.L.1, SEC.26; P.L.12-1992, SEC.64; P.L.170-2002, SEC.66; P.L.119-2012, SEC.90; P.L.104-2022, SEC.66.
Ind. Code § 8-17-4.1-9 — Indiana Code / Title 8 / Article 17 / Chapter 4.1 / Section 8-17-4.1-9
Distribution to municipalities
Status: in_force

Sec. 9. The record system provided herein shall be distributed with an explanation by the state board of accounts to the municipalities in adequate time for the municipalities to use the system to keep a record beginning with the 1972 calendar year.

Formerly: Acts 1971, P.L.103, SEC.1.
Ind. Code § 8-21-12-17 — Indiana Code / Title 8 / Article 21 / Chapter 12 / Section 8-21-12-17
Loan contracts; tax exemptions
Status: in_force

Sec. 17. Any loan contract issued under this chapter is issued by a body corporate and politic of this state, but not a state agency, and for essential public and governmental purposes. A loan contract, the interest on it, the proceeds received by a holder from the sale of a loan contract to the extent of the holder's cost of acquisition, the proceeds received upon redemption before maturity, the proceeds received at maturity, and the receipt of the interest and proceeds are exempt from taxation as provided in IC 6-8-5.

As added by P.L.28-1991, SEC.2.
Ind. Code § 8-2.1-17-9 — Indiana Code / Title 8 / Article 2.1 / Chapter 17 / Section 8-2.1-17-9
"Household goods"
Status: in_force

Sec. 9. (a) "Household goods" means:

(1) personal effects and property used or to be used in a dwelling when the effects and property are parts of the equipment or supply of that dwelling;

(2) furniture, fixtures, equipment and the property of stores, offices, museums, institutions, hospitals, or other establishments when these items are parts of the stock, equipment, or supply of those stores, offices, museums, institutions, hospitals, or other establishments; and

(3) articles including objects of art, displays, and exhibits that because of their unusual nature or value require the specialized handling and equipment usually employed in moving household goods.

(b) Subsection (a)(1) does not include property moving from a factory or store, except property that the householder has purchased with intent to use in the dwelling and that is transported at the request of, and the transportation charges paid to the carrier by, the householder. Subsection (a)(2) does not include the stock-in-trade of any establishment, whether consignor or consignee, other than used furniture and used fixtures, except when transported as an incident to the removal of the establishment, or a portion thereof, from one (1) location to another. Subsection (a)(3) does not include any article, whether crated or uncrated, that does not, because of its unusual nature or value, require the specialized handling and equipment usually employed in moving household goods.

As added by P.L.99-1989, SEC.8.
Ind. Code § 8-3-14-1 — Indiana Code / Title 8 / Article 3 / Chapter 14 / Section 8-3-14-1
Abandonment or relocation; damages
Status: in_force

Sec. 1. If, at any time after the location of the line of any railroad chartered by this state, and the filing of the map thereof, it shall appear to the directors of such company that the line thereof is necessarily dangerous, inconvenient, or expensive to operate, by reason of unavoidable causes, grades, or serious errors in location, such directors may make local alteration of the line, and cause a new map to be filed in the office where the map showing the first location is filed, and may thereupon take possession of the lands embraced in such new location which may be necessary for the construction and maintenance of such road on such altered line, either by agreement of the owner or by such proceedings as are authorized by the charter of such company, and may use such new line in place of the one for which it is substituted; but nothing in this chapter shall be so construed as to confer upon such railroad company any power to locate its road on any route which would not have been authorized by its charter; and nothing in this chapter contained shall authorize such company to make a location of its track within any city without the consent of the common council of such city, nor to change its road so as to avoid any point named in its charter. And any change so made by any railroad company shall subject said railroad company to the payment of all damages that may be sustained by any person, persons, or corporation on account of such change; provided, that if any railroad company change or relocate any part of its track for a distance of one (1) mile or more, thereby abandoning any part of its track or road as previously located, constructed, and operated, for a distance of one (1) mile or more, such railroad company shall, previous to such change, relocation, or abandoning, pay to the owner or owners of any real estate lying upon, along or near the route or line of said road from which such track is proposed to be taken all damages which may accrue to such owner or owners on account of such removal; such damages shall be assessed in the same manner as lands taken for railroad purposes in pursuance of the statute in force on April 23, 1903, in this state; and said damages, when so assessed, shall be paid to the owner or owners of said lands, or paid into the office of the clerk of the county in which said lands are located, for the use of said owner or owners, previous to the relocation or abandonment of said track; provided, further, that in all cases where any railroad company has made, before or after April 23, 1903, any such alterations as are provided for in this chapter, the board of county commissioners of the county in which such alterations are made may locate a public highway on the old line or route of such railroad for which such new line is substituted by the same proceedings and on the same terms as public highways are on or after April 23, 1903, located.

Formerly: Acts 1865(ss), c.23, s.1; Acts 1903, c.121, s.1; Acts 1907, c.211, s.1. As amended by P.L.62-1984, SEC.30.
Ind. Code § 8-15.5-13-6 — Indiana Code / Title 8 / Article 15.5 / Chapter 13 / Section 8-15.5-13-6
Certain contributions attributed to operator
Status: in_force

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

As added by P.L.47-2006, SEC.39.
Ind. Code § 8-15.5-11-5 — Indiana Code / Title 8 / Article 15.5 / Chapter 11 / Section 8-15.5-11-5
Distributions from eligible project account
Status: in_force

Sec. 5. The money allocated to the eligible project account must be used to make distributions to the next generation trust fund and the major moves construction fund, as provided by section 4 of this chapter.

As added by P.L.47-2006, SEC.39.
Ind. Code § 8-1.5-5-18 — Indiana Code / Title 8 / Article 1.5 / Chapter 5 / Section 8-1.5-5-18
Remonstrances
Status: in_force

Sec. 18. (a) At the time fixed for the hearing or before the hearing, the following persons may file a written remonstrance with the board:

(1) The owner of real property, rights-of-way, or other property to be appropriated under the resolution.

(2) A person injuriously affected by the appropriation.

(3) A person owning real or personal property within the storm water district.

(b) The board shall:

(1) hear all persons interested in the proceedings;

(2) hear all the remonstrances that have been filed; and

(3) take action to confirm, modify, or reject the resolution.

As added by P.L.125-1987, SEC.1.
Ind. Code § 8-23-18-6 — Indiana Code / Title 8 / Article 23 / Chapter 18 / Section 8-23-18-6
Validation grants and conveyances by political entities
Status: in_force

Sec. 6. All grants and conveyances made before March 11, 1959, by a municipality or subdivision of government, public corporation, instrumentality, or agency supported in whole or in part by taxation are hereby declared to be valid and of full force and effect.

As added by P.L.18-1990, SEC.227.
Ind. Code § 8-18-22-1 — Indiana Code / Title 8 / Article 18 / Chapter 22 / Section 8-18-22-1
Applicability of chapter
Status: in_force

Sec. 1. This chapter applies to the issuance of bonds by counties for purposes authorized by IC 8-16-3, IC 8-16-3.1, IC 8-16-5, and IC 8-17 through IC 8-20. This chapter does not apply to bonds issued under IC 8-18-21.

As added by P.L.113-1989, SEC.9.
Ind. Code § 8-1-41-11 — Indiana Code / Title 8 / Article 1 / Chapter 41 / Section 8-1-41-11
Shadow flicker; limits with respect to nonparticipating property; mitigation efforts; waiver of requirement with consent of nonparticipating property owners
Status: in_force

Sec. 11. (a) Subject to subsection (c), and except as otherwise allowed by IC 36-7-4-1109, a project owner may not install or locate one (1) or more wind power devices in a unit unless the project owner demonstrates to the permit authority that with respect to each wind power device that the project owner seeks to install or locate in the unit:

(1) the project owner has used shadow flicker computer modeling to estimate the amount of shadow flicker anticipated to be caused by the wind power device; and

(2) the wind power device has been designed such that industry standard computer modeling indicates that any dwelling on a nonparticipating property within the unit will not experience more than thirty (30) hours per year of shadow flicker under planned operating conditions for the wind power device.

(b) After a project owner installs or locates a wind power device in a unit, the project owner shall work with the owner of any affected dwelling on a nonparticipating property to mitigate the effects of shadow flicker to the extent reasonably practicable.

(c) The requirement set forth in subsection (a)(2) may be waived with respect to any one (1) wind power device, subject to the written consent of the owner of each affected nonparticipating property.

As added by P.L.90-2022, SEC.1.
Ind. Code § 8-19-7-2 — Indiana Code / Title 8 / Article 19 / Chapter 7 / Section 8-19-7-2
Records
Status: in_force

Sec. 2. The county highway supervisor shall keep a record of the services performed under section 1 of this chapter, and when the work is completed, the highway supervisor shall prepare an itemized statement of the work and the charges. The highway supervisor shall send one (1) copy to the petitioner, and one (1) copy to the county auditor. The county highway supervisor shall, at the regular monthly meeting of the executive, report work done during the month, and the charges made for the work. The county auditor shall bill the petitioners for the services, and shall credit the money collected to the county highway fund.

Formerly: Acts 1943, c.96, s.2. As amended by P.L.86-1988, SEC.165.
Ind. Code § 8-3-2-4 — Indiana Code / Title 8 / Article 3 / Chapter 2 / Section 8-3-2-4
Consignee; time for freight delivery; forfeitures
Status: in_force

Sec. 4. All carriers subject to the provisions of this chapter shall deliver to a consignee on a private track, a track used by the consignee for loading or unloading, or on their public delivery track, and receive from a connecting carrier, at any terminal point in this state, for the purpose of delivery to points located on its line at the terminal or points reached over or through its line at the terminal, all carload freight tendered it by a connecting line, and shall deliver the same to the consignee on a private track, or on its tracks, or to the connecting line on its tracks at the terminal, within twenty-four (24) hours after the freight is tendered. If a carrier fails to deliver a car, it shall pay to the consignee the sum of five dollars ($5) for each twenty-four (24) hours or major part thereof that it fails to make delivery as required by this section. Wrecks, strikes, or accidents to tracks are a sufficient excuse for failure to make delivery. The sum due because of a forfeiture may be deducted from the freight charges following a shipment. The Indiana department of transportation, after a full hearing of all parties interested, may relieve a carrier from switching carload freight at terminal points which is to be delivered upon its public delivery tracks at a terminal when it appears that the facilities of the carrier at the point are only sufficient to care for the business originating and terminating on its line at the point. Each carrier may impose and collect a reasonable transportation charge for the performance of the service required by this section.

Formerly: Acts 1907, c.231, s.4. As amended by P.L.62-1984, SEC.16; P.L.384-1987(ss), SEC.34; P.L.18-1990, SEC.42.
Ind. Code § 8-15-2-27 — Indiana Code / Title 8 / Article 15 / Chapter 2 / Section 8-15-2-27
Funds generated by tolls; exclusive uses
Status: in_force

Sec. 27. (a) Except as provided in subsection (b), and notwithstanding any other provision of this chapter, funds generated by tolls or any other means from a toll road project that was in existence and in use on or before January 1, 1986, shall be used exclusively for purposes that are authorized and described in this chapter.

(b) If the authority enters into a public-private agreement with respect to a toll road project under IC 8-15.5, funds generated by tolls or any other means from that project shall be used as provided in IC 8-15.5.

As added by P.L.48-1986, SEC.6. Amended by P.L.47-2006, SEC.17.
Ind. Code § 8-23-3-4 — Indiana Code / Title 8 / Article 23 / Chapter 3 / Section 8-23-3-4
Departmental action on grants
Status: in_force

Sec. 4. The department shall do the following:

(1) Review as soon as possible all applications for grants described in section 1 of this chapter.

(2) Approve or disapprove those applications.

As added by P.L.18-1990, SEC.212.
Ind. Code § 8-6-15-1 — Indiana Code / Title 8 / Article 6 / Chapter 15 / Section 8-6-15-1
Requests to determine abandoned or unused crossings
Status: in_force

Sec. 1. The department shall determine whether a railroad grade crossing is abandoned or unused after receiving a request for the determination from:

(1) the railroad; or

(2) the state highway district or local road authority that has jurisdiction over the roadway.

As added by P.L.87-2003, SEC.1.
Ind. Code § 8-1-9-2 — Indiana Code / Title 8 / Article 1 / Chapter 9 / Section 8-1-9-2
Definitions
Status: in_force

Sec. 2. When used in this chapter, the term:

(a) "Utility" shall include all privately, municipally, publicly, or cooperatively owned systems for supplying communications, power, light, heat, electricity, gas, water, pipeline, sewer, sewage disposal, drain, or like service, directly or indirectly, to the public.

(b) "Cost of relocation" shall include the entire amount paid by a utility properly attributable to such relocation, after deducting therefrom any increase in the value of the new facility and any salvage value derived from the old facility.

(c) "Highway" when used in this chapter shall mean only those routes which are included within the national system of interstate and defense highways.

Formerly: Acts 1961, c.112, s.2. As amended by P.L.59-1984, SEC.62.
Ind. Code § 8-3-15-2 — Indiana Code / Title 8 / Article 3 / Chapter 15 / Section 8-3-15-2
Repealed
Status: repealed

Formerly: Acts 1865(ss), c.21, s.2. Repealed by Acts 1972, P.L.8, SEC.3.
Ind. Code § 8-15.7-7-1 — Indiana Code / Title 8 / Article 15.7 / Chapter 7 / Section 8-15.7-7-1
Property tax exemption
Status: in_force

Sec. 1. A project under this article and tangible personal property used exclusively in connection with a project that are:

(1) owned by the authority or the department and leased, licensed, financed, or otherwise conveyed to an operator; or

(2) acquired, constructed, or otherwise provided by an operator on behalf of the authority or the department;

under the terms of a public-private agreement are considered to be public property devoted to an essential public and governmental function and purpose. The property, and an operator's leasehold estate or interests in the property, are exempt from all ad valorem property taxes and special assessments levied against property by the state or any political subdivision of the state.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-4-27-1 — Indiana Code / Title 8 / Article 4 / Chapter 27 / Section 8-4-27-1
Authority for purchase
Status: reserved

Sec. 1. Whenever any railroad, situated partly in this state and partly in an adjoining state, shall be owned by a corporation formed by the consolidation of a railroad corporation or corporations of this state with a railroad corporation or corporations of such adjoining state, and which consolidated corporation shall have its principal office and the greater part of its railroad in such other state, shall be sold under a decree or decrees of foreclosure or sale of any court of competent jurisdiction, any lines of such railroad situated in the state of Indiana may be purchased, together with the connecting lines or a connecting line in such adjoining state, by any corporation organized under the laws of such adjoining state, and authorized and empowered by the laws of such adjoining state to purchase, own, operate and maintain any railroad sold or transferred under such decree of foreclosure or sale.

Formerly: Acts 1921, c.11, s.1.
Ind. Code § 8-9.5-7-8 — Indiana Code / Title 8 / Article 9.5 / Chapter 7 / Section 8-9.5-7-8
Actions by the commission; publication of regulations
Status: in_force

Sec. 8. The commission may take any action which it deems proper to recover damages for the breach of any agreement, express or implied, relating to or growing out of the operation, control, leasing, management, or improvement of the property under its control, and for the penalties for the violation of any ordinances or of any of its regulations and for injury to the personal or real property under its control and to recover possession of any such property. All regulations which said commission shall at any time adopt under and in pursuance of the provisions of this chapter shall be published for at least ten (10) days in a newspaper of general circulation printed in such city.

As added by Acts 1982, P.L.77, SEC.1.
Ind. Code § 8-6-7-1 — Indiana Code / Title 8 / Article 6 / Chapter 7 / Section 8-6-7-1
Petition for installation; hearings
Status: in_force

Sec. 1. The Indiana department of transportation shall, upon proper petition by:

(1) five (5) or more citizens of this state; or

(2) a board of county commissioners;

conduct a hearing to declare as dangerous or extra hazardous any grade crossing in this state that the department finds to be of such a character as that the safety of the users of the highway requires the installation of automatic train-activated warning signals or other crossing safety devices. The petition, hearing, and all proceedings must conform with IC 4-21.5.

Formerly: Acts 1931, c.89, s.1; Acts 1933, c.61, s.1; Acts 1935, c.234, s.1; Acts 1965, c.200, s.1. As amended by P.L.384-1987(ss), SEC.64; P.L.18-1990, SEC.74.
Ind. Code § 8-15.7-4-0.5 — Indiana Code / Title 8 / Article 15.7 / Chapter 4 / Section 8-15.7-4-0.5
Tolling; budget committee review
Status: in_force

Sec. 0.5. If the governor pursues tolling on an interstate highway, the governor shall submit to the budget committee for review any:

(1) request submitted to the United States Department of Transportation for a waiver to toll existing interstate highways; or

(2) plan to implement the tolling of an interstate highway;

before issuing a request for proposals on a specific highway.

As added by P.L.218-2017, SEC.76.
Ind. Code § 8-1-2-101.5 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-101.5
Compliance by municipal water or wastewater utility with Indiana utility regulatory commission rules regarding main extensions; dispute resolution
Status: in_force

Sec. 101.5. (a) This section applies to:

(1) a water main extension;

(2) a wastewater main extension; or

(3) an agreement that:

(A) is for a water main extension or a wastewater main extension; and

(B) is entered into after June 30, 2020, by a utility and the person requesting the extension.

(b) As used in this section, "utility" means a municipally owned utility (as defined in IC 8-1-2-1(h)) that provides water service or wastewater service, or both, to the public.

(c) With respect to any water main extension or wastewater main extension, a utility shall comply with the commission's rules governing water main extensions or wastewater main extensions, as applicable, including:

(1) 170 IAC 6-1.5, in the case of a water main extension; or

(2) 170 IAC 8.5-4, in the case of a wastewater main extension;

as may be amended by the commission, regardless of whether the utility is subject to the jurisdiction of the commission for the approval of rates and charges. However, a utility is not required to comply with any provisions in the commission's main extension rules that require reporting to the commission.

(d) Disputes arising under this section may be submitted as informal complaints to the commission's consumer affairs division, in accordance with IC 8-1-2-34.5(b) and the commission's rules under 170 IAC 16, including provisions for referrals and appeals to the full commission, regardless of whether the person requesting the extension is a customer of the utility.

(e) The commission shall adopt by:

(1) order; or

(2) rule under IC 4-22-2;

other procedures not inconsistent with this section that the commission determines to be reasonable or necessary to administer this section.

(f) If the commission determines that it requires additional staff to handle the volume of informal complaints submitted under this section, the commission may impose a fee under this section. Any fee charged by the commission under this section may:

(1) not exceed:

(A) the commission's actual costs in administering this section; or

(B) seven hundred fifty dollars ($750);

whichever is less; and

(2) be assessed against the party against whom a decision is rendered under this section.

As added by P.L.160-2020, SEC.4. Amended by P.L.93-2024, SEC.64.
Ind. Code § 8-1-3-2 — Indiana Code / Title 8 / Article 1 / Chapter 3 / Section 8-1-3-2
Petition for rehearing; time for ruling; actions for mandate; termination of right of appeal
Status: in_force

Sec. 2. (a) If a petition for rehearing is filed with the commission by a party to the proceeding before the commission, within the time allowed by the rules of the commission, the commission must rule on the petition within a reasonable period of time after the filing of the final pleading filed in support of or opposition to the petition. If the commission fails to rule on the petition within a reasonable period of time, the petitioner may bring an action for mandate under IC 34-27 to compel the commission to make the ruling. However, notwithstanding IC 34-27 or any other law or rule, the action for mandate may only be filed in the court of appeals. For the purposes of IC 1-1-1-8, if any part of this subsection is held invalid, the entire subsection is void.

(b) If a petition for rehearing is filed with the commission by any party to the proceeding before the commission, within the time allowed by the rules of the commission, and prior to the filing of the commission record with the clerk of the supreme court, the right to appeal under this chapter terminates thirty (30) days after the determination by the commission on such petition for rehearing. The appeal shall not be submitted prior to that determination of the petition for rehearing, and the decision of the commission on the petition shall not be assigned as error unless the final decision, ruling, or order of the commission is modified or amended as a result of the petition without further hearing ordered.

Formerly: Acts 1957, c.189, s.2. As amended by P.L.3-1989, SEC.51; P.L.106-1989, SEC.2; P.L.1-1998, SEC.87.
Ind. Code § 8-1-34-3 — Indiana Code / Title 8 / Article 1 / Chapter 34 / Section 8-1-34-3
"Commission"
Status: in_force

Sec. 3. 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.27-2006, SEC.58.
Ind. Code § 8-1-26-2 — Indiana Code / Title 8 / Article 1 / Chapter 26 / Section 8-1-26-2
"Approximate location"
Status: in_force

Sec. 2. As used in this chapter, "approximate location" means a strip of land at least four (4) feet wide but not wider than the width of the underground facility plus two (2) feet on either side of the outer limits of the physical plant.

As added by P.L.69-1990, SEC.2. Amended by P.L.54-1994, SEC.1.
Ind. Code § 8-4.5-3-7 — Indiana Code / Title 8 / Article 4.5 / Chapter 3 / Section 8-4.5-3-7
Transportation corridor fund
Status: in_force

Sec. 7. (a) The transportation corridor fund is established to provide money for the purposes of this article. The fund shall be administered by the Indiana department of transportation.

(b) Expenses of administering the fund shall be paid from money in the fund. The fund consists of the following:

(1) All federal money received by the state that may be used for the purposes of this article and that is allocated by the Indiana department of transportation.

(2) Revenue derived from recreational trails under IC 8-4.5-6.

(3) Contributions made for the purposes of this article.

(4) Appropriations made by the general assembly.

(c) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested. Interest earned from these investments shall be credited to the fund.

(d) Except for money appropriated from the state general fund, money in the fund at the end of a state fiscal year does not revert to the state general fund. Unexpended appropriations from the state general fund revert to the state general fund at the end of a state fiscal year.

(e) Money in the fund is appropriated for the purposes of this article.

As added by P.L.40-1995, SEC.3.
Ind. Code § 8-16-1-20 — Indiana Code / Title 8 / Article 16 / Chapter 1 / Section 8-16-1-20
Bridge revenue bonds; reimbursing bridge fund
Status: in_force

Sec. 20. Subject to IC 8-9.5-8-8, the authority is authorized to issue from time to time its bridge revenue bonds for the purpose of reimbursing, in whole or in part, the Indiana interstate bridge fund and any other fund or funds of the state, for sums disbursed for the construction, acquisition, enlargement, extension, or improvement of a bridge under this chapter or for such purpose in combination with any one (1) or more of the purposes authorized by section 14 of this chapter. Such bonds shall be issued in the manner, shall be of the character, and shall be secured and paid as set out in section 14 of this chapter. The authority may sell such bonds in the manner provided in section 14 of this chapter.

Formerly: Acts 1939, c.79, s.13c; Acts 1947, c.340, s.3; Acts 1955, c.323, s.6. As amended by Acts 1980, P.L.74, SEC.276; P.L.109-1983, SEC.47.
Ind. Code § 8-6-2.1-13 — Indiana Code / Title 8 / Article 6 / Chapter 2.1 / Section 8-6-2.1-13
Remonstrances; appeals
Status: in_force

Sec. 13. (a) At the time fixed for the hearing, or at any time prior to that, any owner of land, right-of-way or other property to be appropriated under the resolution, and any railroad company or companies, any street railway company, and any person owning real or personal property situated within the city, may file a written remonstrance with the board.

(b) At the hearing, which may be adjourned from time to time, the board shall hear all persons interested in the proceedings and consider all remonstrances that have been filed, and after considering them, the board shall take final action and determine the public necessity and convenience of the proposed improvement, and confirm, or modify and confirm, or rescind the resolution. The final action shall be duly entered of record, and is conclusive upon all persons, except as provided in sections 4 through 8 of this chapter. Any person who has remonstrated in writing and who is aggrieved by the decision of the board may take an appeal to the circuit court, superior court, or probate court in the county in which the city is located.

[Pre-Local Government Recodification Citation: 19-5-14-13.]

As added by Acts 1980, P.L.8, SEC.70. Amended by P.L.84-2016, SEC.42.