Ind. Code § 8-1-11.1-1 — Indiana Code / Title 8 / Article 1 / Chapter 11.1 / Section 8-1-11.1-1
Creation; board of trustees; directors; membership; appointment; qualifications; tenure; proceedings
Status: in_force

Sec. 1. (a) In addition to the other executive departments of a consolidated city, there is hereby created in any such city a department of public utilities, which shall have as its head and be under the general supervision and control of a board of seven (7) members, to be known as the "Board of Directors for Utilities," to be appointed annually by the board provided for and designated as the "Board of Trustees for Utilities" under this chapter.

(b) Said board of trustees for utilities shall consist of five (5) members.

(c) All such trustees and all successors of the trustees shall hold over after the expiration of their terms until their respective successors have been duly appointed and have qualified.

(d) At the expiration of the respective terms of each of the members of the board of trustees, the said board of trustees shall nominate the successors of those members to membership on such board, each of which nominees shall be appointed by the mayor of the consolidated city within ten (10) days after receiving such nominations, and such succeeding members shall serve for a term of four (4) years. In the event any person who has been appointed at any time as a member of such board of trustees shall fail to qualify within ten (10) days after the mailing to that person of notice of the person's appointment; or if any member after qualifying shall die, resign, vacate such office by becoming a nonresident of such city, or be removed as provided in this section, new members of such board of trustees shall be chosen to fill such vacancy in the same manner as is provided for the member as to whom such vacancy occurs, and the member so chosen shall serve for the remainder of the term for which the member whose place is so filled was appointed.

(e) No person shall be appointed as trustee who is less than thirty-five (35) years of age, and who has not been a resident of such city for at least five (5) years immediately preceding the person's appointment. If any such trustee shall cease to be a legal resident of said city the trustee's membership on said board shall terminate and become vacant.

(f) Each member of such board of trustees for utilities, before entering upon the member's duties, shall take and subscribe an oath of office in the usual form, to be indorsed upon the certificate of the member's appointment, which shall be promptly filed with the clerk of the city-county council.

(g) A majority of all the members of said board of trustees for utilities shall be necessary to constitute a quorum.

(h) Said board of trustees shall elect one (1) member thereof as president, one (1) as vice-president, and one (1) as secretary, who shall serve from the date of their election until one (1) year from the first day of January next following their election and until their successors are elected and have qualified.

(i) Said board of trustees shall keep a record of its proceedings. The expense of the meetings and proceedings of said board and of keeping a record of the meetings and proceedings, and the salary of the members of the board of trustees, shall be paid upon a written request of the presiding officer and secretary of the board of trustees by the board of directors for utilities out of the funds belonging to said utility district. Each member of said board of trustees for utilities shall receive as compensation for the member's services as such a salary in the sum of fifty dollars ($50) per year.

(j) The board of trustees for utilities shall meet annually on the first Monday of December of each year, at the principal office of said department of public utilities, for the purpose of transacting any business pertaining to its duties, and for the purposes of electing officers of such board of trustees and of selecting and appointing members of the board of directors for utilities, who shall serve for one (1) year from the first day of January following and until their successors are appointed and qualified.

(k) All persons so selected and appointed as such directors and all the successors of the directors appointed at any time shall be chosen by a majority vote of all the members of said board of trustees. Said board of trustees shall have power to remove summarily and at any time any director and in such event, or if a vacancy occurs in said board of directors from any cause, said board of trustees shall appoint a successor in like manner who shall serve for the balance of the term for which the member whose place is so filled was appointed.

(l) No person shall be appointed a member of said board of directors for utilities unless the person is a bona fide resident of said city and has been such for five (5) years immediately preceding such appointment, and is at least thirty-five (35) years of age. If any such director shall cease to be a legal resident of said city during the term for which the director was appointed, the director's membership on such board shall terminate and become vacant.

(m) Each member of said board of directors for utilities before entering upon the member's duties shall take and subscribe an oath, to be indorsed upon the certificate of the member's appointment, which shall be promptly filed with the clerk of the city-county council.

(n) Each of said members of said board of directors, before entering upon the member's duties, shall execute a bond payable to the state of Indiana, with surety to be approved by the mayor of said city, in the penal sum of fifteen thousand dollars ($15,000), conditioned upon the faithful performance of the duties of the member's office and the accounting for all moneys and property that may come into the member's hands or under the member's control. The cost of all such bonds shall be paid by the department of public utilities of said city.

(o) Any trustee may be removed from office for neglect of duty, incompetency, disability to perform the member's duties, or other good cause, by an order and judgment of the circuit or superior court of the county in which such city is located, in the following manner, to wit: An original complaint may be filed by either the mayor, or by a majority of the city-county council against any such trustee setting forth the charges preferred, and the cause shall be placed on the advanced calendar and be tried as other civil causes are tried, by the court, without the intervention of a jury. If such charges be sustained, the court shall declare such office vacant. The judgment of said court shall be final and no appeal shall lie therefrom by any party.

(p) Said board of trustees shall have power to adopt rules, regulations and by-laws for its own governance, and may meet regularly or specially as often as necessary to transact any business or duties imposed upon it under this chapter or any other statute.

(q) In the event such city shall acquire in any manner provided under this chapter more than one (1) such public utility and the property of the acquired utilities, said board of trustees may add to such board of directors from time to time one (1) or more additional members, increasing such board to not exceed a total of eleven (11) members; which members shall be appointed and shall serve under all the provisions of this chapter governing the appointment, terms and duties of such board of directors for utilities.

[Pre-Local Government Recodification Citation: 19-3-24-1.]

As added by Acts 1981, P.L.11, SEC.43. Amended by P.L.136-2018, SEC.61.
Ind. Code § 8-23-8-4 — Indiana Code / Title 8 / Article 23 / Chapter 8 / Section 8-23-8-4
Designation; elimination of intersections
Status: in_force

Sec. 4. (a) The department or the highway authority of a county or municipality may designate and establish limited access facilities as new and additional facilities or may designate and establish an existing street or highway as included within a limited access facility.

(b) The department, county, or municipality may provide for the elimination of intersections at grade of limited access facilities with existing state and county roads and municipal streets by:

(1) grade separation or service road; or

(2) closing off the roads and streets at the right-of-way boundary line of the limited access facility.

(c) After the establishment of a limited access facility, a highway or street that is not part of the facility may not intersect the facility at grade.

(d) A municipal street, a county or state highway, or other public way may not be opened into or connected with a limited access facility without the prior consent of the authority having jurisdiction over the facility. Consent under this subsection may be given only if the public interest is served.

As added by P.L.18-1990, SEC.217.
Ind. Code § 8-1-2.7-8 — Indiana Code / Title 8 / Article 1 / Chapter 2.7 / Section 8-1-2.7-8
Repealed
Status: repealed

As added by P.L.108-1989, SEC.1. Amended by P.L.80-1997, SEC.11; P.L.82-1997, SEC.11. Repealed by P.L.159-1999, SEC.21.
Ind. Code § 8-1-28-12 — Indiana Code / Title 8 / Article 1 / Chapter 28 / Section 8-1-28-12
Revised cost and schedule estimate for developing and implementing plan; submission to commission
Status: in_force

Sec. 12. (a) If a public utility makes a substantial change in a cost and schedule estimate for developing and implementing an environmental compliance plan or a modified environmental compliance plan after the estimate has been approved by the commission under this chapter, the public utility shall file with the commission for the commission's review and approval the revised cost and schedule estimate.

(b) To the extent the commission approves a revised cost and schedule estimate, the estimate shall be the approved cost and schedule estimate for the plan.

As added by P.L.76-1991, SEC.2.
Ind. Code § 8-1.5-4-13 — Indiana Code / Title 8 / Article 1.5 / Chapter 4 / Section 8-1.5-4-13
Bonds; application of proceeds; default
Status: in_force

Sec. 13. (a) All money received from bonds issued under this chapter shall be applied solely to the acquisition of the waterworks and the cost of the issuance of the bonds.

(b) Any holder of the bonds or of any of the coupons attached to them may, by action or other proceeding, compel performance of all duties required by this chapter of the board issuing the bonds or of any officer of the board, including the making and collecting of reasonable and sufficient rates lawfully established for service rendered by the waterworks, the segregation of the income and revenues of the utility, and the application of the respective funds created under this chapter.

(c) If there is any default in the payment of the principal or interest of any of the bonds, a court having jurisdiction of the action may:

(1) appoint an administrator or receiver to administer the waterworks on behalf of the municipality and the bondholders, with power to:

(A) charge and collect rates lawfully established sufficient to provide for the payment of the operating expenses and also to pay any bonds or obligations outstanding against the waterworks; and

(B) apply the income and revenues in conformity with this chapter and the ordinance; or

(2) declare the whole amount of the bonds due and payable and direct the sale of the waterworks.

Under a sale ordered as provided by subdivision (2), the purchaser is vested with an indeterminate permit as defined in IC 8-1-2-1 to maintain and operate the waterworks to supply water to the municipality and its citizens.

As added by Acts 1982, P.L.74, SEC.1.
Ind. Code § 8-1-26-12 — Indiana Code / Title 8 / Article 1 / Chapter 26 / Section 8-1-26-12
"Working day"
Status: in_force

Sec. 12. As used in this chapter, "working day" means every day, except Saturday, Sunday, and state and national legal holidays, from 7 a.m. to 6 p.m. prevailing time.

As added by P.L.69-1990, SEC.2. Amended by P.L.53-2024, SEC.4.
Ind. Code § 8-1-44-4 — Indiana Code / Title 8 / Article 1 / Chapter 44 / Section 8-1-44-4
"Eligible partnership"
Status: in_force

Sec. 4. As used in this chapter, "eligible partnership" means a group or entity, however organized, that:

(1) consists of:

(A) at least one (1) eligible utility; and

(B) one (1) or more other eligible partners described in section 3(1) through 3(7) of this chapter; and

(2) is formed for the purpose of developing one (1) or more SMRs at an eligible project site under the program.

As added by P.L.137-2025, SEC.1.
Ind. Code § 8-15.7-16-8 — Indiana Code / Title 8 / Article 15.7 / Chapter 16 / Section 8-15.7-16-8
Level 6 felony for violation
Status: in_force

Sec. 8. A person who knowingly or intentionally violates this chapter commits a Level 6 felony.

As added by P.L.47-2006, SEC.40. Amended by P.L.158-2013, SEC.135.
Ind. Code § 8-15.5-7-9 — Indiana Code / Title 8 / Article 15.5 / Chapter 7 / Section 8-15.5-7-9
Deadline for invoice of user fee
Status: in_force

Sec. 9. An operator must invoice a user for a user fee not later than one (1) year after the date the user incurs the toll.

As added by P.L.227-2025, SEC.4. Amended by P.L.23-2026, SEC.56.
Ind. Code § 8-3-1.5-6 — Indiana Code / Title 8 / Article 3 / Chapter 1.5 / Section 8-3-1.5-6
Disposition of property
Status: in_force

Sec. 6. The department may sell, transfer, or lease all, or any part of the rail properties acquired under the provisions of this chapter to any responsible person, firm, or corporation for continued operation of a railroad, or other public purpose, provided that approval for the continued operation, or other public purposes, is granted by the Interstate Commerce Commission of the United States, whenever approval is required. The sale, transfer, or lease shall be for a price, and subject to any further terms and conditions which the department feels are necessary and appropriate to effectuate the purposes of this chapter.

Formerly: Acts 1975, P.L.79, SEC.1. As amended by Acts 1980, P.L.74, SEC.45.
Ind. Code § 8-22-3.5-5 — Indiana Code / Title 8 / Article 22 / Chapter 3.5 / Section 8-22-3.5-5
Designation of airport development zone area; resolution; approval
Status: in_force

Sec. 5. (a) The commission may designate an area within the jurisdiction of a board of aviation commissioners under IC 8-22-2 or an airport authority under IC 8-22-3 as an airport development zone if the commission finds by resolution the following:

(1) In order to promote opportunities for the gainful employment of the citizens of the eligible entity and the attraction of a qualified airport development project to the eligible entity, an area under the jurisdiction of the board of aviation commissioners or airport authority should be declared an airport development zone.

(2) The public health and welfare of the eligible entity will be benefited by designating the area as an airport development zone.

(b) If the airport development zone will be located in a consolidated city or in a county described in section 1(3), 1(4), 1(5), or 1(6) of this chapter, the resolution adopted under subsection (a) must also include a finding that there has been proposed a qualified airport development project to be located in the airport development zone, with the proposal supported by:

(1) financial and economic data; and

(2) preliminary commitments by business enterprises that evidence a reasonable likelihood that the proposed qualified airport development project will be initiated and accomplished.

(c) If the airport development zone will be located in a city described in:

(1) section 1(2) of this chapter, the resolution adopted under subsection (a) must also include findings stating that the most recent federal decennial census for the city indicates the following:

(A) The unemployment rate for the city is at least thirteen percent (13%).

(B) The population of the city has decreased by at least ten percent (10%) as compared to the population reported in the preceding federal decennial census for the city.

(C) The median per capita income for city residents does not exceed eighty percent (80%) of the median per capita income for all residents of the United States.

(D) At least twenty-five percent (25%) of the population of the city is below the federal income poverty level (as defined in IC 12-15-2-1); or

(2) section 1(7) of this chapter, the resolution adopted under subsection (a) must also include findings stating the following:

(A) There has been proposed a qualified airport development project to be located in the airport development zone, with the proposal supported by:

(i) financial and economic data; and

(ii) preliminary commitments by business enterprises that evidence a reasonable likelihood that the proposed qualified airport development project will be initiated and accomplished.

(B) The city has Interstate Highway 69 serving the airport and the city's residents and facilitating commerce and free travel within and through the midwestern United States.

(d) The resolution adopted under subsection (a) must describe the boundaries of the area. The description may be by reference to the area's location in relation to public ways or streams, or otherwise, as determined by the commission.

(e) If the airport development zone will be located in a county described in section 1(4), 1(5), or 1(6) of this chapter, the resolution adopted under subsection (a) and any qualified airport development project to be located in the airport development zone, must be approved by the executive of:

(1) the county, if the entire airport development zone or qualified airport development project will be located outside the boundaries of any municipality located in the county;

(2) a municipality located in the county, if the entire airport development zone or qualified airport development project will be located within the boundary of the municipality; or

(3) the county and a municipality located in the county, if the airport development zone or qualified airport development project will be located within the boundary of the county and in part within the boundary of the municipality.

As added by P.L.86-1991, SEC.1. Amended by P.L.108-1993, SEC.6; P.L.115-1995, SEC.7; P.L.85-1996, SEC.5; P.L.91-1997, SEC.7; P.L.165-2003, SEC.2; P.L.124-2006, SEC.5; P.L.182-2009(ss), SEC.275.
Ind. Code § 8-23-20-13 — Indiana Code / Title 8 / Article 23 / Chapter 20 / Section 8-23-20-13
Enforcement of chapter
Status: in_force

Sec. 13. (a) The department shall enforce this chapter.

(b) When the department is notified by a governmental agency of a possible violation of this chapter, the department shall determine whether a violation exists. Whenever the department determines a violation exists, the department shall enter a resolution setting out the nature, extent, and location of the violation and refer the resolution to the attorney general.

As added by P.L.18-1990, SEC.229.
Ind. Code § 8-2-16-3 — Indiana Code / Title 8 / Article 2 / Chapter 16 / Section 8-2-16-3
Scope of law
Status: in_force

Sec. 3. The provisions of this chapter shall apply to any bridge or bridges constructed by or paid for by, in whole or in part, any agency, commission or administrative body of the state of Indiana acting alone or in conjunction with any agency, commission or administrative body of any other state or with any agency, commission or administrative body of the Federal Government.

Formerly: Acts 1961, c.334, s.3. As amended by Acts 1978, P.L.56, SEC.3.
Ind. Code § 8-1.5-4-16 — Indiana Code / Title 8 / Article 1.5 / Chapter 4 / Section 8-1.5-4-16
Lands, rights-of-way, or other property; ownership in name of municipality; remonstrances
Status: in_force

Sec. 16. (a) All lands, rights-of-way, or other property, when acquired, either by purchase or appropriation, shall be taken and held in the name of the municipality.

(b) 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 land, 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 waterworks district.

(c) The board shall hear all persons interested in the proceedings, hear all the remonstrances that have been filed, and take final action on the resolution. The final action shall be recorded.

As added by Acts 1982, P.L.74, SEC.1.
Ind. Code § 8-1-2.7-11 — Indiana Code / Title 8 / Article 1 / Chapter 2.7 / Section 8-1-2.7-11
Petition to return to commission jurisdiction; referendum; ballot form
Status: in_force

Sec. 11. (a) Whenever the members or shareholders of a utility desire to return to commission jurisdiction, they must petition the commission. A petition signed by:

(1) at least fifteen percent (15%) of the members or shareholders; or

(2) the board of directors of the utility;

must first be submitted to the commission, informing that body of the utility's intent to conduct a referendum concerning the return to commission jurisdiction. The procedures outlined in sections 2 through 7 of this chapter must be followed when conducting a referendum under this section, except that the form of the ballots must be as follows:

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

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

(b) The question of returning to commission jurisdiction may not be submitted to the members or shareholders within four (4) years after the date the utility withdrew from commission jurisdiction.

As added by P.L.108-1989, SEC.1. Amended by P.L.80-1997, SEC.14; P.L.82-1997, SEC.14; P.L.159-1999, SEC.13.
Ind. Code § 8-1-46-5 — Indiana Code / Title 8 / Article 1 / Chapter 46 / Section 8-1-46-5
"Customer average interruption duration index"
Status: in_force

Sec. 5. As used in this chapter, "customer average interruption duration index", or "CAIDI", means an index that:

(1) indicates the average time required to restore electric service to an electricity supplier's customers affected by sustained service interruptions; and

(2) is calculated by determining the quotient of:

(A) the sum of sustained service interruption durations in minutes for a specified period; divided by

(B) the total number of customers affected by the sustained service interruptions;

in accordance with IEEE 1366.

As added by P.L.36-2026, SEC.10.
Ind. Code § 8-1-2-86.5 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-86.5
Repealed
Status: repealed

As added by P.L.79-1988, SEC.1. Amended by P.L.175-2007, SEC.10. Repealed by P.L.213-2014, SEC.3.
Ind. Code § 8-17-5-5 — Indiana Code / Title 8 / Article 17 / Chapter 5 / Section 8-17-5-5
Bond; power to negotiate contracts
Status: in_force

Sec. 5. The county highway engineer shall work under the direction of the county executive and shall, under IC 5-4-1, give bond for the faithful performance of the engineer's duties. The county highway engineer may not enter into agreements to provide engineering services for pay to other local governmental units. However, an engineer may enter into contracts to provide engineering services for pay with the county executives of any two (2) or more counties, acting jointly. The county highway engineer may perform, at the direction of the executive, highway engineering work for municipalities within the county.

Formerly: Acts 1963, c.131, s.5. As amended by Acts 1981, P.L.47, SEC.11; P.L.86-1988, SEC.126.
Ind. Code § 8-1.5-4-0.3 — Indiana Code / Title 8 / Article 1.5 / Chapter 4 / Section 8-1.5-4-0.3
Effective date of certain amendments made to section 14 of this chapter
Status: in_force

Sec. 0.3. Notwithstanding the amendments made to section 14 of this chapter by P.L.93-1993, in the case of a public utility that is described in IC 8-1-2-103(c), as amended by P.L.93-1993, the effective date for the implementation of the amendments made to section 14 of this chapter by P.L.93-1993 is July 1, 1993.

As added by P.L.220-2011, SEC.188.
Ind. Code § 8-8-10-4 — Indiana Code / Title 8 / Article 8 / Chapter 10 / Section 8-8-10-4
Repealed
Status: repealed

Formerly: Acts 1901, c.99, s.4. Repealed by Acts 1977, P.L.106, SEC.3.
Ind. Code § 8-16-1-2 — Indiana Code / Title 8 / Article 16 / Chapter 1 / Section 8-16-1-2
Power and authority; "bridge" defined
Status: in_force

Sec. 2. (a) The authority is authorized and empowered to construct, to acquire by purchase or otherwise, or to condemn in the manner prescribed by IC 8-23-7 highway bridges and the approaches thereto over and across any river or stream forming the boundary between Indiana and any adjoining state whenever the bridge or any part thereof or the approach thereto will extend within Indiana, and to enlarge, extend and improve such bridges. This chapter shall apply although such river may be located either partially or solely within the territorial limits of such adjoining state.

(b) The authority is further authorized and empowered to construct toll roads or highways, together with such approaches, avenues of access, fills, causeways, connecting bridges, or ferries, as shall be necessary, appurtenant, or incidental to such bridge, ferry, or ferries, from or to any place or places within the state of Indiana, or to places in adjoining states, and to enlarge, extend, and improve such toll roads or highways. Any toll road or highway shall be deemed to be necessary, appurtenant, or incidental to such bridge if it connects any such bridge with either a federal interstate highway, a federal highway, or a state highway, or any one (1) or more of such highways. Said toll roads or highways may be constructed:

(1) as separate projects or as combined projects; or

(2) in conjunction with the construction or acquisition of an interstate bridge or bridges authorized by this chapter, as a combined project.

(c) The authority may enter into agreements with the department for the construction or operation or maintenance of any such necessary, appurtenant, or incidental toll road or highway.

(d) The authority may enter into contracts or agreements with the department and any combination of the appropriate departments of any other states, whereby the department will assume the control, management, maintenance, upkeep and repair of any bridge, as defined in this section, and levy and collect tolls for the use thereof, whenever:

(1) any such bridge has been constructed by an agency of the state or an agency of the state as a joint project with any other state or states; and

(2) such bridge has been constructed by participation with the federal government under such terms as shall permit the state or states to recover its contribution of the cost of the bridge by the collection of tolls for the use thereof.

(e) The authority may also provide in such contracts or agreements as provided in subsection (d) to:

(1) retain from the tolls so collected an amount sufficient to cover its administrative costs, the costs of the repair, maintenance, and upkeep of the bridge; and

(2) pay the remainder of the tolls to the participating states as reimbursement of their contribution of the cost of the bridge.

(f) Whenever the term "bridge" is used in this chapter, said term shall mean such interstate bridges or such toll roads or highways severally as separate projects or collectively to any two (2) or more of such interstate bridges or toll roads or highways as combined projects. All of the provisions of this chapter relating to bridges shall apply fully to such interstate bridges or such toll roads or highways as separate projects or to any combination of two (2) or more of such interstate bridges or toll roads or highways as combined projects. However, any engineers appointed or employed in connection with any toll roads or highways shall be designated by the authority or department subject to such approval of the purchasers of any revenue bonds issued pursuant to this chapter as may be provided in the proceedings authorizing the issuance of such revenue bonds.

Formerly: Acts 1939, c.79, s.2; Acts 1941, c.217, s.1; Acts 1951, c.296, s.1; Acts 1959, c.191, s.1; Acts 1971, P.L.100, SEC.1. As amended by Acts 1980, P.L.74, SEC.261; P.L.109-1983, SEC.32; P.L.18-1990, SEC.144.
Ind. Code § 8-6-2.1-1 — Indiana Code / Title 8 / Article 6 / Chapter 2.1 / Section 8-6-2.1-1
Separation or alteration of grade levels of public highway
Status: in_force

Sec. 1. The board of public works or board of public works and safety, referred to in this chapter as the board, of a city may, by resolution, require the separation or alteration of the grade levels of any public highway in the city and of any railroad crossing the public highway, either by carrying the public highway under or over the railroad, or by carrying the railroad under or over the public highway, or by any combination of these means.

[Pre-Local Government Recodification Citation: 19-5-14-1.]

As added by Acts 1980, P.L.8, SEC.70.
Ind. Code § 8-1-17.5-12 — Indiana Code / Title 8 / Article 1 / Chapter 17.5 / Section 8-1-17.5-12
Board of directors; election of directors; terms; districts; remuneration for services; reimbursement; officers
Status: in_force

Sec. 12. (a) Each surviving corporation or successor corporation formed under this chapter must have a board of directors that constitutes the governing body of the surviving corporation or successor corporation. Unless otherwise provided in the surviving corporation's or successor corporation's bylaws, or in the surviving corporation's or successor corporation's articles of incorporation, a director of the surviving corporation or successor corporation must be:

(1) a member of the surviving corporation or successor corporation;

(2) an officer, a director, or a partner of a member of the surviving corporation or successor corporation; or

(3) an owner of a member of the surviving corporation or successor corporation, if the member is a sole proprietorship.

(b) Directors, other than those named in the surviving corporation's or successor corporation's bylaws or articles of incorporation, shall be elected by those members entitled to vote for the surviving corporation's or successor corporation's directors. Unless the surviving corporation's or successor corporation's bylaws or articles of incorporation provide otherwise, the directors shall be elected annually.

(c) The surviving corporation's or successor corporation's bylaws or articles of incorporation may provide the following:

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

(2) That the directors shall be elected so that the terms of one (1) or more directors expire at any specified time.

(3) That only the number of directors needed to succeed those whose terms are about to expire or to fill vacancies shall be elected in any given year.

(4) That the areas in which the members of the surviving corporation or successor corporation reside shall be apportioned into districts. If the bylaws or articles of incorporation provide for the creation of districts under this subdivision:

(A) the bylaws or articles of incorporation must prescribe the procedure by which the members residing in any one (1) district may nominate a director; and

(B) the bylaws or articles of incorporation may provide that the person receiving the most votes in an election for a director representing a district is the winner of the election, regardless of whether the person receives a majority of the total votes cast by members eligible to vote and voting in the election.

(5) That a fair remuneration may or shall be paid for the time actually spent by the:

(A) officers;

(B) directors; or

(C) members of the executive committee;

of the surviving corporation or successor corporation in the performance of their duties.

(d) The:

(1) officers;

(2) directors; or

(3) members of the executive committee;

of the surviving corporation or successor corporation are entitled to reimbursement for expenses actually incurred in the performance of their duties, regardless of whether the surviving corporation's or successor corporation's bylaws or articles of incorporation provide for remuneration for the performance of those duties under subsection (c)(5).

(e) The board of directors of the surviving corporation or successor corporation shall annually designate and elect those officers the board considers necessary.

As added by P.L.18-2010, SEC.1.
Ind. Code § 8-5-15-22 — Indiana Code / Title 8 / Article 5 / Chapter 15 / Section 8-5-15-22
Agreements between district and system; service profile
Status: in_force

Sec. 22. Any agreement between the district and the system must include a service profile describing passenger service levels. The service profile shall be described with terms and conditions that are objective and measurable.

As added by P.L.385-1987(ss), SEC.14.
Ind. Code § 8-1-2-0.7 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-0.7
State policy recognizing natural gas and propane as clean energy or green energy for state or federal funding or incentive programs; existing definitions not affected
Status: in_force

Sec. 0.7. (a) Except as provided in subsection (c), as used in this section, "clean energy" or "green energy" means an energy resource:

(1) with respect to which the emissions produced or released, when the energy resource is used as a generation source or in any other application:

(A) do not exceed the standard emissions levels associated with pipeline quality natural gas; and

(B) release reduced air pollutants, relative to one (1) or more types of fossil fuels; or

(2) that is recognized as:

(A) a "clean energy" resource; or

(B) a "green energy" resource;

or by another similar designation, by the United States Environmental Protection Agency.

The term includes natural gas and propane, wind energy, solar energy, photovoltaic cells and panels, hydropower, fuel cells, hydrogen, geothermal energy, and nuclear energy.

(b) The general assembly declares that it is the continuing policy of the state to recognize natural gas and propane as clean energy or green energy for purposes of any state or federal program that provides funding or other incentives for:

(1) clean energy initiatives or projects;

(2) green energy initiatives or projects; or

(3) any similarly designated initiatives or projects;

in Indiana.

(c) This section does not affect the following:

(1) The definition of "clean energy vehicle" set forth in IC 5-22-5-8.5.

(2) The definition of "clean energy projects" set forth in IC 8-1-8.8-2.

(3) The definition of "renewable energy resources" set forth in IC 8-1-8.8-10.

(4) The definition of "clean energy resource" set forth in IC 8-1-37-4.

As added by P.L.46-2025, SEC.1.
Ind. Code § 8-23-2-18 — Indiana Code / Title 8 / Article 23 / Chapter 2 / Section 8-23-2-18
Nursery stock and wildflower seed sales
Status: in_force

Sec. 18. (a) This section does not apply to the following:

(1) The sale or distribution of nursery stock or wildflower seeds to the following:

(A) An individual who resides in Indiana.

(B) A governmental entity.

(C) A nonprofit organization or an educational institution.

(D) An agricultural research program.

(2) The exchange of nursery stock or wildflower seeds with a person or an entity.

(b) As used in this section, "nursery stock" has the meaning set forth in IC 14-8-2-184(1).

(c) The department may not sell or distribute nursery stock or wildflower seeds to the following:

(1) An individual who resides in a state other than Indiana, unless the individual:

(A) owns land in Indiana; and

(B) submits an affidavit that affirms that the nursery stock or wildflower seeds will be planted in Indiana.

(2) A retail business that sells nursery stock or wildflower seeds.

(3) A wholesale business that sells nursery stock or wildflower seeds.

As added by P.L.82-2007, SEC.1.
Ind. Code § 8-1-8.9-20 — Indiana Code / Title 8 / Article 1 / Chapter 8.9 / Section 8-1-8.9-20
SNG property interest; SNG seller rights
Status: in_force

Sec. 20. If an energy utility makes a true sale of an SNG property interest to an SNG seller under section 15 of this chapter, the SNG seller:

(1) retains title to all substitute natural gas distributed by the energy utility to the energy utility's retail end use customers;

(2) is entitled to all amounts collected by the energy utility from its retail end use customers for the distribution of the substitute natural gas, subject to the terms of the qualified contract; and

(3) has the same rights to payments made by the energy utility's retail end use customers as does the energy utility that provides the substitute natural gas to those customers.

As added by P.L.175-2007, SEC.21.
Ind. Code § 8-1-6-5 — Indiana Code / Title 8 / Article 1 / Chapter 6 / Section 8-1-6-5
Report of annual gross revenue
Status: in_force

Sec. 5. On or before May 1 of each year, public utilities subject to the provisions of this chapter shall file with the commission a report of their annual gross revenue for the preceding calendar year and a statement of the amount of public utility fee due on the basis of said report. Forms for said report or returns shall be devised and supplied by the commission.

Formerly: Acts 1969, c.360, s.5. As amended by Acts 1979, P.L.84, SEC.5.
Ind. Code § 8-1-13-17 — Indiana Code / Title 8 / Article 1 / Chapter 13 / Section 8-1-13-17
Services, facilities, and charges; sinking fund; REA borrowers
Status: in_force

Sec. 17. (a) A corporation shall furnish reasonably adequate services and facilities. The charge made by any corporation for any service rendered or to be rendered, either directly or in connection therewith, shall be nondiscriminatory, reasonable, and just, and every discriminatory, unjust, or unreasonable charge for the service is prohibited.

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

(1) to pay all legal and other necessary expense incident to the operation of its system, to include maintenance cost, operating charges, upkeep, depreciation and amortization, repairs, and interest charges on bonds or other obligations;

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

(3) to provide adequate funds to be used as working capital, as well as funds for making extensions and replacements (to the extent not provided for through depreciation);

(4) to meet reasonable financial agreements entered into by the corporation in the process of securing capital; and

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

(c) The purpose of this section is to ensure that the charges produce an income sufficient to maintain the corporation property in a sound physical and financial condition to render adequate and efficient service. Any rate too low to meet the requirements of this section is unlawful.

(d) Revenues and receipts not needed for the purposes of this section shall be returned to the members on an equitable basis, either in cash or in abatement of current charges for energy, as the board may decide.

(e) As used in subsections (g) and (h), "financial assistance" means:

(1) a loan or loan guarantee; or

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

that is made by the Rural Electrification Administration of the United States Department of Agriculture (REA).

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

(g) In determining rates under this section, once the commission determines that property of an REA borrower is reasonably necessary for the provision of electric service and has been placed in service, the commission shall approve rates to be charged by the REA borrower sufficient to enable the REA borrower to:

(1) satisfy its reasonable expenses and obligations; and

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

(h) So long as there remains any unpaid portion of any financial assistance associated with the property of an REA borrower determined under subsection (g) to be reasonably necessary and placed in service, the rates of the REA borrower shall be set at a level sufficient to repay the financial assistance, regardless of any change in the regulatory status of the property, including, without limitation, the full or partial retirement of the property or any other change in the status of the property as reasonably necessary or used and useful.

(i) Subsections (g) and (h) do not apply to a corporation that is not created under this chapter, whether or not the rates of the corporation are set by the commission under this section.

Formerly: Acts 1935, c.175, s.17. As amended by P.L.121-1987, SEC.2; P.L.109-1989, SEC.4; P.L.74-1991, SEC.2; P.L.1-1992, SEC.31.
Ind. Code § 8-1.5-2-25 — Indiana Code / Title 8 / Article 1.5 / Chapter 2 / Section 8-1.5-2-25
Special utility account; establishment by municipality; use
Status: in_force

Sec. 25. (a) The municipal legislative body, after providing for the:

(1) payment of operation and maintenance expenses of the utility;

(2) payment of the interest and principal on revenue bonds and creation of reserves for them;

(3) payment of the interest and principal on general obligation bonds and creation of reserves for them; and

(4) payment of assessed taxes;

shall set aside a sufficient remainder of the earnings into a separate and special account to be identified as the special utility account, to be used and applied in the extension, replacement in whole or in part, repair, and operation and maintenance of the utility.

(b) The remaining earnings may be applied to:

(1) the general fund of the municipality in accordance with IC 8-1.5-3-11, outstanding bond ordinances, and contract provisions under IC 8-1-2.2;

(2) the payment of the interest on a loan made for utility construction; or

(3) the creation of a sinking fund for the liquidation of the debt;

as the legislative body determines.

As added by Acts 1982, P.L.74, SEC.1.
Ind. Code § 8-22-2-8 — Indiana Code / Title 8 / Article 22 / Chapter 2 / Section 8-22-2-8
Sale of aviation land or improvements; ordinances
Status: in_force

Sec. 8. (a) If the board wishes to sell part or the whole of the aviation land or improvements owned by the eligible entity, it may prepare an ordinance authorizing the sale and submit it to the fiscal body of the entity. If the fiscal body passes the ordinance, the land or improvements shall be sold as other lands or improvements of the entity are sold, and the proceeds of the sale shall be deposited in the aviation fund of the entity.

(b) If the board negotiates an agreement to sell trees situated in woods or forest areas owned by the board, the trees are considered to be personal property of the board for severance or sale.

[Pre-Local Government Recodification Citation: 19-6-1-9.]

As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.98-2001, SEC.1.
Ind. Code § 8-22-3.5-6 — Indiana Code / Title 8 / Article 22 / Chapter 3.5 / Section 8-22-3.5-6
Notice; adoption of resolution; hearings
Status: in_force

Sec. 6. (a) After adoption of the resolution under section 5 of this chapter, the commission shall:

(1) publish notice of the adoption and substance of the resolution in accordance with IC 5-3-1; and

(2) file the following information with each taxing unit that has authority to levy property taxes in the geographic area where the airport development zone is located:

(A) A copy of the notice required by subdivision (1).

(B) A statement disclosing the impact of the airport development zone, including the following:

(i) The estimated economic benefits and costs incurred by the airport development zone, as measured by increased employment and anticipated growth of real property assessed values.

(ii) The anticipated impact on tax revenues of each taxing unit.

The notice must state the general boundaries of the area designated as an airport development zone and must state that written remonstrances may be filed with the commission until the time designated for the hearing. The notice must also name the place, date, and time when the commission will receive and hear remonstrances and objections from persons interested in or affected by the proceedings pertaining to the proposed airport development zone designation and will determine the public utility and benefit of the proposed airport development zone designation. The commission shall file the information required by subdivision (2) with the officers of the taxing unit who are authorized to fix budgets, tax rates, and tax levies under IC 6-1.1-17-5 at least ten (10) days before the date of the public hearing. All persons affected in any manner by the hearing, including all taxpayers within the taxing district of the airport authority, shall be considered notified of the pendency of the hearing and of subsequent acts, hearings, adjournments, and orders of the commission affecting the airport development zone if the commission gives the notice required by this section.

(b) At the hearing, which may be recessed and reconvened from time to time, the commission shall hear all persons interested in the proceedings and shall consider all written remonstrances and objections that have been filed. After considering the evidence presented, the commission shall take final action determining the public utility and benefit of the proposed airport development zone designation and confirming, modifying and confirming, or rescinding the resolution. The final action taken by the commission shall be recorded and is final and conclusive, except that an appeal may be taken in the manner prescribed by section 7 of this chapter.

(c) If the commission confirms, or modifies and confirms, the resolution, the commission shall file a copy of the resolution with both the auditor of the county in which the airport development zone is located and the department of local government finance, together with any supporting documents that are relevant to the computation of assessed values in the airport development zone, within thirty (30) days after the date on which the commission takes final action on the resolution.

As added by P.L.86-1991, SEC.1. Amended by P.L.25-1995, SEC.59; P.L.214-2019, SEC.29; P.L.257-2019, SEC.80.
Ind. Code § 8-6-1-9 — Indiana Code / Title 8 / Article 6 / Chapter 1 / Section 8-6-1-9
Consent to construction
Status: in_force

Sec. 9. No railroad shall construct a railroad across a public highway at grade outside of the limits of any city or town without obtaining the written consent of the department required by section 7 of this chapter and by IC 8-6-7.7-3.4.

Formerly: Acts 1913, c.182, s.10. As amended by P.L.384-1987(ss), SEC.62; P.L.81-1996, SEC.3.
Ind. Code § 8-2.1-24-18 — Indiana Code / Title 8 / Article 2.1 / Chapter 24 / Section 8-2.1-24-18
Compliance with federal motor carrier safety regulations
Status: in_force

Sec. 18. (a) 49 CFR Parts 40, 375, 380, 382 through 387, 390 through 393, and 395 through 398 are incorporated into Indiana law by reference, and, except as provided in subsections (d), (e), (f), (g), and (j), must be complied with by an interstate and intrastate motor carrier of persons or property throughout Indiana. Intrastate motor carriers subject to compliance reviews under 49 CFR 385 shall be selected according to criteria determined by the superintendent which must include but are not limited to factors such as previous history of violations found in roadside compliance checks and other recorded violations. However, the provisions of 49 CFR 395 that regulate the hours of service of drivers, including requirements for the maintenance of logs, do not apply to a driver of a truck that is registered by the bureau of motor vehicles and used as a farm truck under IC 9-18 (before its expiration) or IC 9-18.1-7 or a vehicle operated in intrastate construction or construction related service, or the restoration of public utility services interrupted by an emergency. Except as provided in subsection (i) and (j):

(1) intrastate motor carriers not operating under authority issued by the United States Department of Transportation shall comply with the requirements of 49 CFR 390.21(b)(3) by registering with the department of state revenue as an intrastate motor carrier and displaying the certification number issued by the department of state revenue preceded by the letters "IN"; and

(2) all other requirements of 49 CFR 390.21 apply equally to interstate and intrastate motor carriers.

(b) 49 CFR 107 subpart (F) and subpart (G), 171 through 173, 177 through 178, and 180, are incorporated into Indiana law by reference, and every:

(1) private carrier;

(2) common carrier;

(3) contract carrier;

(4) motor carrier of property, intrastate;

(5) hazardous material shipper; and

(6) carrier otherwise exempt under section 3 of this chapter;

must comply with the federal regulations incorporated under this subsection, whether engaged in interstate or intrastate commerce.

(c) Notwithstanding subsection (b), nonspecification bulk and nonbulk packaging, including cargo tank motor vehicles, may be used only if all the following conditions exist:

(1) The maximum capacity of the vehicle is less than three thousand five hundred (3,500) gallons.

(2) The shipment of goods is limited to intrastate commerce.

(3) The vehicle is used only for the purpose of transporting fuel oil, kerosene, diesel fuel, gasoline, gasohol, or any combination of these substances.

Maintenance, inspection, and marking requirements of 49 CFR 173.8 and Part 180 are applicable. In accordance with federal hazardous materials regulations, new or additional nonspecification cargo tank motor vehicles may not be placed in service under this subsection.

(d) For the purpose of enforcing this section, only:

(1) a state police officer or state police motor carrier inspector who:

(A) has successfully completed a course of instruction approved by the United States Department of Transportation; and

(B) maintains an acceptable competency level as established by the state police department; or

(2) an employee of a law enforcement agency who:

(A) before January 1, 1991, has successfully completed a course of instruction approved by the United States Department of Transportation; and

(B) maintains an acceptable competency level as established by the state police department;

on the enforcement of 49 CFR, may, upon demand, inspect the books, accounts, papers, records, memoranda, equipment, and premises of any carrier, including a carrier exempt under section 3 of this chapter.

(e) A person hired before September 1, 1985, who operates a motor vehicle intrastate incidentally to the person's normal employment duties and who is not employed to operate a motor vehicle for hire is exempt from 49 CFR 391 as incorporated by this section.

(f) Notwithstanding any provision of 49 CFR 391 to the contrary, a person at least eighteen (18) years of age and less than twenty-one (21) years of age may be employed as a driver to operate a commercial motor vehicle intrastate. However, a person employed under this subsection is not exempt from any other provision of 49 CFR 391.

(g) Notwithstanding subsection (a) or (b), the following provisions of 49 CFR do not apply to private carriers of property operated only in intrastate commerce or any carriers of property operated only in intrastate commerce while employed in construction or construction related service:

(1) Subpart 391.41(b)(3) as it applies to physical qualifications of a driver who has been diagnosed as an insulin dependent diabetic, if the driver has applied for and been granted an intrastate medical waiver by the bureau of motor vehicles pursuant to this subsection. The same standards and the following procedures shall apply for this waiver whether or not the driver is required to hold a commercial driver's license. An application for the waiver shall be submitted by the driver and completed and signed by a certified endocrinologist, the driver's treating physician, or the driver's treating advanced practice registered nurse attesting that the driver:

(A) is not otherwise physically disqualified under Subpart 391.41 to operate a motor vehicle, whether or not any additional disqualifying condition results from the diabetic condition, and is not likely to suffer any diminution in driving ability due to the driver's diabetic condition;

(B) is free of severe hypoglycemia or hypoglycemia unawareness and has had less than one (1) documented, symptomatic hypoglycemic reaction per month;

(C) has demonstrated the ability and willingness to properly monitor and manage the driver's diabetic condition;

(D) has agreed to and, to the endocrinologist's, treating physician's, or treating advanced practice registered nurse's knowledge, has carried a source of rapidly absorbable glucose at all times while driving a motor vehicle, has self monitored blood glucose levels one (1) hour before driving and at least once every four (4) hours while driving or on duty before driving using a portable glucose monitoring device equipped with a computerized memory; and

(E) has submitted the blood glucose logs from the monitoring device to the endocrinologist, treating physician, or treating advanced practice registered nurse at the time of the annual medical examination.

A copy of the blood glucose logs shall be filed along with the annual statement from the endocrinologist, treating physician, or treating advanced practice registered nurse with the bureau of motor vehicles for review by the driver licensing medical advisory board established under IC 9-14-11. A copy of the annual statement shall also be provided to the driver's employer for retention in the driver's qualification file, and a copy shall be retained and held by the driver while driving for presentation to an authorized federal, state, or local law enforcement official. Notwithstanding the requirements of this subdivision, the endocrinologist, the treating physician, the treating advanced practice registered nurse, the advisory board of the bureau of motor vehicles, or the bureau of motor vehicles may, where medical indications warrant, establish a short period for the medical examinations required under this subdivision.

(2) Subpart 396.9 as it applies to inspection of vehicles carrying or loaded with a perishable product. However, this exemption does not prohibit a law enforcement officer from stopping these vehicles for an obvious violation that poses an imminent threat of an accident or incident. The exemption is not intended to include refrigerated vehicles loaded with perishables when the refrigeration unit is working.

(3) Subpart 396.11 as it applies to driver vehicle inspection reports.

(4) Subpart 396.13 as it applies to driver inspection.

(h) For purposes of 49 CFR 395.1(k)(2), "planting and harvesting season" refers to the period between January 1 and December 31 of each year. The intrastate commerce exception set forth in 49 CFR 395.1(k), as it applies to the transportation of agricultural commodities and farm supplies, is restricted to single vehicles and cargo tank motor vehicles with a capacity of not more than five thousand four hundred (5,400) gallons.

(i) The requirements of 49 CFR 390.21 do not apply to an intrastate motor carrier or a guest operator not engaged in interstate commerce and operating a motor vehicle as a farm vehicle in connection with agricultural pursuits usual and normal to the user's farming operation or for personal purposes unless the vehicle is operated either part time or incidentally in the conduct of a commercial enterprise.

(j) This section does not apply to private carriers that operate using only the type of motor vehicles specified in IC 8-2.1-24-3(6).

(k) The superintendent of state police may adopt rules under IC 4-22-2 governing the parts and subparts of 49 CFR incorporated by reference under this section.

As added by P.L.110-1995, SEC.29. Amended by P.L.61-1996, SEC.10; P.L.84-1997, SEC.1; P.L.85-1997, SEC.1; P.L.98-1999, SEC.1; P.L.92-2000, SEC.1; P.L.75-2003, SEC.1; P.L.219-2003, SEC.1; P.L.208-2003, SEC.2; P.L.210-2005, SEC.4; P.L.21-2007, SEC.1; P.L.1-2010, SEC.44; P.L.9-2010, SEC.3; P.L.215-2013, SEC.1; P.L.198-2016, SEC.62; P.L.118-2022, SEC.3.
Ind. Code § 8-15-2-16 — Indiana Code / Title 8 / Article 15 / Chapter 2 / Section 8-15-2-16
Rights of bondholders
Status: in_force

Sec. 16. Any holder of bonds issued under the provisions of this chapter or any of the coupons appertaining thereto, and the trustee under any trust agreement, except to the extent the rights granted by this chapter may be restricted by any applicable trust agreement, may:

(1) either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the state or granted by this chapter or under any applicable trust agreement or the resolution authorizing the issuance of such bonds; and

(2) enforce and compel the performance of all duties required by this chapter or by any applicable trust agreement or resolution to be performed by the authority or by any officer thereof, including the fixing, charging, and collecting of tolls.

Formerly: Acts 1951, c.281, s.16; Acts 1971, P.L.99, SEC.5. As amended by Acts 1980, P.L.74, SEC.247; P.L.109-1983, SEC.21.
Ind. Code § 8-1-26-7 — Indiana Code / Title 8 / Article 1 / Chapter 26 / Section 8-1-26-7
"Facility"
Status: in_force

Sec. 7. As used in this chapter, "facility" means a line or system used for producing, storing, conveying, transmitting, or distributing communication, information, electricity, gas, petroleum, petroleum products, hazardous liquids, carbon dioxide fluids, water, steam, or sewerage. The term includes pipeline facilities.

As added by P.L.69-1990, SEC.2. Amended by P.L.62-2009, SEC.7.
Ind. Code § 8-1-2.2-28 — Indiana Code / Title 8 / Article 1 / Chapter 2.2 / Section 8-1-2.2-28
Liability of officers
Status: in_force

Sec. 28. Liability of Officers. No officer of any municipality or joint agency or person or persons acting in their behalf, while acting within the scope of their authority, shall be subject to any personal liability or accountability by reason of his carrying out any of the powers expressly or impliedly given in this chapter.

As added by Acts 1980, P.L.68, SEC.1.
Ind. Code § 8-23-9.5-17 — Indiana Code / Title 8 / Article 23 / Chapter 9.5 / Section 8-23-9.5-17
Evaluation committee; selection panel
Status: in_force

Sec. 17. (a) Before entering into a contract under this chapter, the department must appoint an evaluation committee.

(b) The evaluation committee shall rank the proposals submitted to the department by assigning a score to each proposal based on the evaluation criteria specified in the request for proposals. The three (3) persons that submit the proposals with the highest scores given by the evaluation committee must be interviewed and scored by a selection panel established under this section.

(c) The department shall appoint a selection panel to interview and score the three (3) persons that submit the proposals with the highest scores chosen by the evaluation committee under subsection (b).

(d) After conducting the interviews required under subsection (c), the selection panel shall score the three (3) proposals using the submitted proposals and information learned during the interview process.

(e) The selection panel shall provide a written comprehensive score for each proposal under subsection (d) and submit a recommendation for an award to the commissioner. The commissioner shall make the final selection of the CMGC or PDB.

(f) A person selected to perform work for a project under this chapter may not delegate or subcontract preconstruction services, design services, or construction services under a contract to a member of the evaluation committee or the selection panel.

(g) A meeting of a selection panel convened for the purpose of interviewing a person that submits a proposal under this chapter is not open to the public.

As added by P.L.60-2023, SEC.2.
Ind. Code § 8-20-1-60 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-60
Repealed
Status: repealed

Formerly: Acts 1905, c.167, s.69; Acts 1973, P.L.23, SEC.11. As amended by P.L.86-1988, SEC.209. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-15.5-2-5 — Indiana Code / Title 8 / Article 15.5 / Chapter 2 / Section 8-15.5-2-5
"Operator"
Status: in_force

Sec. 5. "Operator" means a private entity that has entered into a public-private agreement with the authority.

As added by P.L.47-2006, SEC.39.
Ind. Code § 8-4-32-5 — Indiana Code / Title 8 / Article 4 / Chapter 32 / Section 8-4-32-5
Judgment upon hearing; order to appear; answer; deposit in court pending final judgment
Status: in_force

Sec. 5. (a) After the hearing of the cause under this chapter, the court or jury trying the cause shall give judgment for the plaintiff or plaintiffs for the value of the animal or animals killed or the injury done, without regard to the question whether the killing or injury was the result of willful misconduct, negligence, or unavoidable accident.

(b) If the cause is commenced in the county specified under section 2 of this chapter, the court shall, on motion of the plaintiff or plaintiffs, on the rendition of the judgment, or afterward, at any time, after notice is served on the railroad company defendant, order a writ to issue, directed to the sheriff of the proper county, for any agent, conductor, or employee of the railroad company or the lessee, a receiver, or an assignee of the company, named in the motion, to appear and answer upon oath as to:

(1) the amount of money in their hands, if any, belonging to the company or the assignee, lessee, or receiver; and

(2) the probable amount of money receivable by the agent, conductor, or employee belonging to the railroad company, lessee, assignee, or receivers.

(c) If an agent, a conductor, or an employee ordered to appear under subsection (b) answers that the agent, conductor, or employee has any money, or is in constant receipt of money as agent, conductor, or employee, the court shall order the agent, conductor, or employee to pay into the clerk's office of the court, at the times named by the court, the portions of the money held or received, not exceeding one-half (1/2) the amount held or received, as may be determined just by the court, until the judgment and costs are fully paid and satisfied.

Formerly: Acts 1863, c.25, s.5. As amended by P.L.1-1990, SEC.121.
Ind. Code § 8-14-11-15 — Indiana Code / Title 8 / Article 14 / Chapter 11 / Section 8-14-11-15-b
Agreement; terms
Status: in_force

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

Sec. 15. The department and each county for which a grant has been approved under this chapter shall enter into an agreement specifying the purposes for which the grant may be used. The terms of the agreement must be consistent with the purposes of this chapter.

As added by P.L.117-1989, SEC.1. Amended by P.L.152-2026, SEC.84.
Ind. Code § 8-14-14.2-1 — Indiana Code / Title 8 / Article 14 / Chapter 14.2 / Section 8-14-14.2-1
Establishment of fund; uses
Status: in_force

Sec. 1. (a) The toll road lease amendment proceeds fund is established.

(b) The fund consists of the following:

(1) Distributions to the fund from the major moves construction fund under IC 8-14-14-7(c).

(2) Appropriations to the fund.

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

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

(c) Money in the fund may be used only for the construction, reconstruction, improvement, maintenance, and repair, including design and right-of-way acquisition, of state highways that have a direct or indirect nexus with the Indiana toll road in the following counties:

(1) Elkhart.

(2) LaGrange.

(3) Lake.

(4) LaPorte.

(5) Porter.

(6) Steuben.

(7) St. Joseph.

(d) The department of transportation shall administer the fund.

(e) 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 may be 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.

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

As added by P.L.108-2019, SEC.154.
Ind. Code § 8-1-31-15.5 — Indiana Code / Title 8 / Article 1 / Chapter 31 / Section 8-1-31-15.5
Municipally owned utilities and not-for-profit utilities; resetting of adjustment amount upon approval of new basic rates and charges that include eligible infrastructure improvements
Status: in_force

Sec. 15.5. (a) This section applies only to an eligible utility that is:

(1) a municipally owned utility; or

(2) a not-for-profit utility.

(b) An eligible utility's adjustment amount approved under section 8 or 10 of this chapter shall be reset to zero (0) upon the approval of new basic rates and charges for the eligible utility by the commission in a general rate case that results in the inclusion of eligible infrastructure improvements in the eligible utility's basic rates and charges. However, an adjustment amount approved under this chapter shall not be reset to zero (0) to the extent infrastructure improvement costs approved previously by the commission have not been fully collected.

As added by P.L.61-2022, SEC.11. Amended by P.L.39-2023, SEC.7.
Ind. Code § 8-20-1-64 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-64
Repealed
Status: repealed

Formerly: Acts 1905, c.167, s.73. As amended by Acts 1981, P.L.57, SEC.27; P.L.86-1988, SEC.211. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-1.5-5-25 — Indiana Code / Title 8 / Article 1.5 / Chapter 5 / Section 8-1.5-5-25
Use of bond payment revenues; pledge of user fees; reductions in fees
Status: in_force

Sec. 25. (a) Revenues received by the department may be used to pay for bonds issued to acquire, construct, install, operate, and maintain facilities and land for storm water collection and disposal systems.

(b) If there are bonds outstanding for which user fees were pledged, the board may not rescind user fees or reduce them below a rate that would produce one hundred twenty-five percent (125%) of the highest annual debt service on the bonds issued under this chapter to their final maturity, based on an average of the immediately preceding three (3) years of user fee collections, if the user fees have been levied for the preceding three (3) years. If the user fees have not been levied for the preceding three (3) years, the board may not reduce user fees below a rate that would produce one hundred twenty-five percent (125%) of the highest debt service, based upon a study by a qualified public accountant or financial adviser.

As added by P.L.125-1987, SEC.1.
Ind. Code § 8-23-17-9 — Indiana Code / Title 8 / Article 23 / Chapter 17 / Section 8-23-17-9
"Person" and "owner" defined
Status: in_force

Sec. 9. As used in this chapter, "person" and "owner" include any individual, partnership, corporation, limited liability company, or association.

As added by P.L.18-1990, SEC.226. Amended by P.L.8-1993, SEC.163.
Ind. Code § 8-1-22.6-4 — Indiana Code / Title 8 / Article 1 / Chapter 22.6 / Section 8-1-22.6-4
"Division"
Status: in_force

Sec. 4. As used in this chapter, "division" refers to the pipeline safety division of the Indiana utility regulatory commission established by IC 8-1-22.5-2.

As added by P.L.110-2007, SEC.1.
Ind. Code § 8-9.5-7-1.1 — Indiana Code / Title 8 / Article 9.5 / Chapter 7 / Section 8-9.5-7-1.1
Dissolution by ordinance or resolution; obligations of dissolved districts
Status: in_force

Sec. 1.1. (a) An automated transit district may be dissolved by an ordinance adopted by the legislative body on a date that is at least three (3) years later than the date the ordinance was adopted.

(b) An automated transit district may dissolve itself by resolution on a date that is at least two (2) years later than the date of adoption of the resolution creating the district.

(c) A dissolution of a district under this section requires the city to assume the obligations incurred by the district.

As added by P.L.343-1989(ss), SEC.5.
Ind. Code § 8-10-1-3 — Indiana Code / Title 8 / Article 10 / Chapter 1 / Section 8-10-1-3
Ports of Indiana; commission membership; term of office; official bond; compensation
Status: in_force

Sec. 3. (a) The ports of Indiana is created as a body both corporate and politic in the state of Indiana, and the exercise of the powers conferred by this article in the construction, operation, and maintenance of a port or project shall be deemed and held to be essential governmental functions of the state.

(b) The ports of Indiana shall be governed by a commission consisting of seven (7) members, appointed by the governor, no more than four (4) of whom shall be members of the same political party. The members shall be residents of the state, and shall have been qualified electors therein for a period of at least five (5) years next preceding their appointment. The members of the commission first appointed shall continue in office for terms expiring, in the case of two (2) members, on July 1, 1962, and in the case of three (3) members, on July 1, 1963, July 1, 1964, and July 1, 1965, and the first two (2) members appointed after January 1, 1975, shall continue in office for terms expiring July 1, 1977, for one (1) member and July 1, 1979, for the other member, respectively, and until their respective successors shall be duly appointed and qualified. The term of any member of the commission first appointed shall be designated by the governor. The successor of each such member shall be appointed for a term of four (4) years, except that any person appointed to fill a vacancy shall be appointed to serve only for the unexpired term and until a successor is duly appointed and qualified, and a member of the commission shall be eligible for reappointment. The governor may at any time remove any member of the commission for misfeasance, nonfeasance, or malfeasance in office. The members of the commission shall, within ten (10) days after their appointment, meet and qualify by subscribing an oath to discharge honestly and faithfully the duties of their office as members of the commission. The commission shall elect one (1) of the members as chairman and another as vice-chairman, and shall appoint a secretary-treasurer who need not be a member of the commission. Four (4) members of the commission shall constitute a quorum, and the affirmative vote of four (4) members shall be necessary for any official action taken by the commission. A vacancy in the membership of the commission does not impair the rights of a quorum to exercise all the rights and perform all the duties of the commission.

(c) Before the issuance of any revenue bonds under the provisions of this article:

(1) each appointed member of the commission;

(2) the secretary-treasurer; and

(3) any other employee or agent of the ports of Indiana authorized by resolution of the commission to handle funds or sign checks;

shall give a surety bond to the state in the penal sum of fifty thousand dollars ($50,000). Each such surety bond must be conditioned upon the faithful performance of the individual's duties, to be executed by a surety company authorized to transact business in the state as surety and to be approved by the governor and filed in the office of the secretary of state.

(d) Each appointed member of the commission shall receive an annual salary of seven thousand five hundred dollars ($7,500), payable in monthly instalments.

(e) Each member shall be reimbursed for the member's actual expenses necessarily incurred in the performance of the member's duties.

(f) All expenses incurred in carrying out the provisions of this article shall be payable solely from funds provided under the authority of this article and no liability or obligation shall be incurred by the ports of Indiana hereunder beyond the extent to which moneys shall have been provided under the authority of this article.

(g) The commission:

(1) is responsible for implementing the powers and duties of the ports of Indiana under this article; and

(2) may adopt bylaws for the regulation of the affairs of the commission and the conduct of the business of the ports of Indiana.

The commission may delegate to staff, including the chief executive, such administrative functions as the commission deems necessary or desirable to accomplish the purposes of the ports of Indiana under this article. The chief executive may delegate the chief executive's authority to the appropriate staff.

Formerly: Acts 1961, c.11, s.3; Acts 1975, P.L.84, SEC.1. As amended by P.L.224-2003, SEC.203 and P.L.271-2003, SEC.3; P.L.235-2005, SEC.109; P.L.98-2008, SEC.11.
Ind. Code § 8-2.1-27-6 — Indiana Code / Title 8 / Article 2.1 / Chapter 27 / Section 8-2.1-27-6
Compliance with applicable rules concerning transportation of food
Status: in_force

Sec. 6. A person may not operate a motor vehicle for the transportation of food upon a public highway unless the motor vehicle is in compliance with applicable rules adopted by the Indiana department of health concerning the transportation of food.

As added by P.L.108-2012, SEC.1. Amended by P.L.56-2023, SEC.57.
Ind. Code § 8-1-22.6-7 — Indiana Code / Title 8 / Article 1 / Chapter 22.6 / Section 8-1-22.6-7
"Pipeline company"
Status: in_force

Sec. 7. (a) As used in this chapter, "pipeline company" means a person (as defined in IC 8-1-22.5-1(e)) that:

(1) constructs; or

(2) proposes to construct;

a pipeline.

(b) The term includes any:

(1) employee;

(2) agent;

(3) contractor;

(4) subcontractor; or

(5) other person;

that is employed by, or acts on behalf of, a pipeline company.

As added by P.L.110-2007, SEC.1.
Ind. Code § 8-23-4-8 — Indiana Code / Title 8 / Article 23 / Chapter 4 / Section 8-23-4-8
Changes in location of state highways
Status: in_force

Sec. 8. The department may change the location of a state highway for the following reasons:

(1) To reduce the length of the highway.

(2) To eliminate steep grades or sharp turns.

(3) To widen narrow parts.

(4) To promote public convenience and safety.

As added by P.L.18-1990, SEC.213.
Ind. Code § 8-25-4-4 — Indiana Code / Title 8 / Article 25 / Chapter 4 / Section 8-25-4-4
Fiscal body authorization to carry out a public transportation project through a public-private partnership
Status: in_force

Sec. 4. The fiscal body of an eligible county may adopt an ordinance authorizing the executive of the county to enter into one (1) or more public-private partnership contracts under which a public transportation project is carried out, in whole or in part, by one (1) or more nongovernmental entities.

As added by P.L.153-2014, SEC.17.
Ind. Code § 8-10-5-20 — Indiana Code / Title 8 / Article 10 / Chapter 5 / Section 8-10-5-20
Contracts; purchase, lease, or acquisition of land or other property
Status: in_force

Sec. 20. The board of directors of a port authority may enter into such contracts or other arrangements with the United States government, or any department thereof, with persons, railroads, or other corporations, with public corporations, and with the state government of this or other states, with counties, municipalities, townships, or other governmental agencies created by or under the authority of the laws of the state of Indiana, including sewerage, drainage, conservation, conservancy, or other improvement districts in this or other states as may be necessary or convenient for the exercise of powers granted by the provisions of this chapter, including the making of surveys, investigations, or reports thereon, provided that such contracts or arrangements shall not be in violation of the Indiana Constitution. The board of directors may purchase, lease, or acquire land or other property in any county of the state of Indiana and in adjoining states for the accomplishment of an authorized purpose of the port authority, or for the improvement of the harbor and port facilities over which the port authority may have jurisdiction, and may let contracts or spend money for making such improvements or development of port facilities in adjoining states.

Formerly: Acts 1959, c.343, s.19. As amended by P.L.66-1984, SEC.26.
Ind. Code § 8-9.5-9-1 — Indiana Code / Title 8 / Article 9.5 / Chapter 9 / Section 8-9.5-9-1
Construction and application of chapter
Status: in_force

Sec. 1. This chapter applies notwithstanding any other law and shall be liberally construed.

As added by P.L.55-1994, SEC.1.
Ind. Code § 8-21-9-32 — Indiana Code / Title 8 / Article 21 / Chapter 9 / Section 8-21-9-32
Repealed
Status: repealed

Formerly: Acts 1971, P.L.105, SEC.2. Repealed by Acts 1980, P.L.74, SEC.434.
Ind. Code § 8-2.1-17-14 — Indiana Code / Title 8 / Article 2.1 / Chapter 17 / Section 8-2.1-17-14
"Public highway"
Status: in_force

Sec. 14. "Public highway" means a street, alley, road, highway, or thoroughfare in Indiana used by the traveling public.

As added by P.L.99-1989, SEC.8.
Ind. Code § 8-25-4-5 — Indiana Code / Title 8 / Article 25 / Chapter 4 / Section 8-25-4-5
Process for entering into a public-private partnership
Status: in_force

Sec. 5. If an ordinance authorizing public-private partnership contracts is adopted under section 4 of this chapter, the executive of the eligible county shall issue a request for proposals with respect to each proposed public-private partnership contract and award each contract under IC 5-22-9.

As added by P.L.153-2014, SEC.17.
Ind. Code § 8-16-2-18 — Indiana Code / Title 8 / Article 16 / Chapter 2 / Section 8-16-2-18
Retirement of tolls
Status: in_force

Sec. 18. Whenever such county, either from moneys derived from net tolls as aforesaid or from moneys paid by an adjoining state, or from both of such sources, shall have been repaid an amount equal to the amount of money contributed by such county to said state highway funds in aid of the construction of such bridge, including principal and interest, and when the state highway fund, either from money derived from net tolls as aforesaid, or from money paid by an adjoining state, or from both sources, shall have been paid an amount equal to the amount contributed by such county in aid of the construction of such bridge, plus interest thereon to the time of such repayment, then the right to take tolls on such bridge shall immediately cease and such bridge shall thereupon be declared to be and shall be a free bridge for use in interstate commerce between the state of Indiana and such adjoining state. In no event, however, shall tolls be collected for a longer period of time than is permitted by any law of congress now in force or hereafter enacted regulating the collection of tolls on interstate bridges.

Formerly: Acts 1927, c.10, s.18.
Ind. Code § 8-1-41-10 — Indiana Code / Title 8 / Article 1 / Chapter 41 / Section 8-1-41-10
Setback requirements; airport; public use highway, street, or road; nonparticipating property; utility transmission or distribution line; undeveloped residential land; state park; corporate boundaries of municipality; blade tip height limitations; waiver of restrictions by nonparticipating party
Status: in_force

Sec. 10. (a) Subject to subsection (h), and except as otherwise allowed by IC 36-7-4-1109, a project owner may not install or locate a wind power device on property in a unit unless the distance, measured as a straight line, from the vertical centerline of the base of the wind power device to:

(1) the centerline of any:

(A) runway located on a public use airport, private use airport, or municipal airport;

(B) public use highway, street, or road; or

(C) railroad easement or right-of-way; or

(2) the property line of any nonparticipating property;

is equal to a distance that is at least one and one-tenth (1.1) times the wind power device's blade tip height, as measured from the ground to the tip of the blade.

(b) Subject to subsection (h), and except as otherwise allowed by IC 36-7-4-1109, a project owner may not install or locate a wind power device on property in a unit unless the distance, measured as a straight line, from the vertical centerline of the base of the wind power device to the nearest point on the outer wall of a dwelling located on a nonparticipating property is equal to a distance that is at least three (3) times the wind power device's blade tip height, as measured from the ground to the tip of the blade.

(c) Except as otherwise allowed by IC 36-7-4-1109, a project owner may not install or locate a wind power device on property in a unit unless the distance, measured as a straight line, from the vertical centerline of the base of the wind power device to the nearest edge of the right-of-way for any utility transmission or distribution line is equal to a distance that is at least one and two-tenths (1.2) times the wind power device's blade tip height, as measured from the ground to the tip of the blade.

(d) Except as otherwise allowed by IC 36-7-4-1109, a project owner may not install or locate a wind power device on property in a unit unless the distance, measured as a straight line, from the vertical centerline of the base of the wind power device to the property line of any undeveloped land within the unit that is zoned or platted for residential use is equal to a distance that is at least two (2) times the wind power device's blade tip height, as measured from the ground to the tip of the blade.

(e) Except as otherwise allowed by IC 36-7-4-1109, a project owner may not install or locate a wind power device on property in a unit unless the distance, measured as a straight line, from the vertical centerline of the base of the wind power device to the property line of a state park is equal to a distance of at least one (1) mile.

(f) A project owner may not install or locate a wind power device within a county unless the distance, measured as a straight line, from the vertical centerline of the base of the wind power device to the corporate boundaries of any municipality within the county is equal to a distance of at least one (1) mile. However, a municipality may waive or reduce the minimum distance prescribed by this subsection with respect to the installation of one (1) or more wind power devices.

(g) Except as otherwise allowed by IC 36-7-4-1109, a permit authority, with respect to the permitting, construction, installation, or siting of any wind power device within the unit, may not set a blade tip height limitation, through a wind power regulation or otherwise, that is more restrictive than the standards of the Federal Aviation Administration under 14 CFR Part 77 concerning the safe, efficient use and preservation of the navigable airspace.

(h) The distance requirements set forth in subsections (a)(2) and (b) may be waived with respect to the siting of 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 § 8-1-31.5-15 — Indiana Code / Title 8 / Article 1 / Chapter 31.5 / Section 8-1-31.5-15
Utility must reconcile difference between adjustment amount and adjustment revenues
Status: in_force

Sec. 15. At the same time an eligible utility files a petition under section 13 of this chapter, the eligible utility shall reconcile the difference between:

(1) the adjustment amount approved by the commission for a previous twelve (12) month period; and

(2) the adjustment revenues received by the eligible utility during the same twelve (12) month period.

The eligible utility may recover from or credit to customers the reconciliation amount through a system integrity adjustment by filing a petition under section 12 of this chapter.

As added by P.L.104-2016, SEC.3.
Ind. Code § 8-1-13-24 — Indiana Code / Title 8 / Article 1 / Chapter 13 / Section 8-1-13-24
Commission decisions or orders; appeal
Status: in_force

Sec. 24. Any person or legal entity adversely affected by any final decision, ruling, or order of the commission made pursuant to this chapter may appeal that decision, ruling, or order under the same appeal procedures as in IC 8-1-3.

Formerly: Acts 1935, c.175, s.22. As amended by Acts 1977, P.L.102, SEC.7; P.L.23-1988, SEC.53.
Ind. Code § 8-25-8-6 — Indiana Code / Title 8 / Article 25 / Chapter 8 / Section 8-25-8-6
Terms of foundation board members
Status: in_force

Sec. 6. The members appointed under section 5 of this chapter shall be appointed for a term of three (3) years but may be removed by the board for cause.

As added by P.L.153-2014, SEC.17.
Ind. Code § 8-6-4-5 — Indiana Code / Title 8 / Article 6 / Chapter 4 / Section 8-6-4-5
Fines and penalties; disposition
Status: in_force

Sec. 5. All fines and penalties collected under the provisions of this chapter shall be appropriated to the benefit of the common school fund of the state, and the clerk of the court wherein such fines and penalties may be assessed and recovered shall, upon receipt thereof, pay the same over to the treasurer of said county, for the purpose aforesaid.

Formerly: Acts 1879(ss), c.77, s.5. As amended by P.L.62-1984, SEC.102.
Ind. Code § 8-18-20-13 — Indiana Code / Title 8 / Article 18 / Chapter 20 / Section 8-18-20-13
Vacancies on board of directors
Status: in_force

Sec. 13. If a vacancy occurs on the board of directors, the trustees shall, by a majority vote, appoint a new director to serve the remainder of the term.

As added by P.L.386-1987(ss), SEC.20.
Ind. Code § 8-10-1-17 — Indiana Code / Title 8 / Article 10 / Chapter 1 / Section 8-10-1-17
Rates and charges; fixing; surplus net revenues; disposition
Status: in_force

Sec. 17. The ports of Indiana shall be authorized to fix, review, charge, and collect fees, tolls, rentals, and other charges for the use of the ports, projects, terminal facilities, and lands under the jurisdiction or control of the ports of Indiana or services rendered by the ports of Indiana, and the aggregate thereof shall provide revenues at least sufficient to pay the cost of operation, maintenance, and repair of the port or project and terminal facilities, including the administration expenses of the ports of Indiana, and in case revenue bonds are issued, sufficient to pay the interest on and principal of the bonds in accordance with their terms, and also sufficient to establish and maintain reserves created for all such purposes and for depreciation purposes. The fixing and collection of such fees, tolls, rentals and other charges and the expenditure of the revenues derived therefrom shall not be subject to the supervision or regulation by any other officer, commission, board, bureau, or agency of the state. After such bonds have been fully paid and discharged and all obligations under any trust agreement securing the same have been performed or satisfied, any remaining surplus net revenues and all surplus net revenues thereafter derived from the operation of the port or project shall be paid into the state general fund.

Formerly: Acts 1961, c.11, s.17. As amended by P.L.224-2003, SEC.217 and P.L.271-2003, SEC.17; P.L.98-2008, SEC.27.
Ind. Code § 8-22-3.7-18 — Indiana Code / Title 8 / Article 22 / Chapter 3.7 / Section 8-22-3.7-18
Law governing issuance; bonds as legal investment
Status: in_force

Sec. 18. (a) This chapter contains full and complete authority for the issuance of bonds. No law, procedure, proceedings, publications, notices, consents, approvals, orders, or acts by the board of any other officer, department, agency, or instrumentality of the state or of any political subdivision are required to issue any bonds, except as prescribed in this chapter.

(b) Bonds issued under this chapter are legal investments for private trust funds and the funds of banks, trust companies, insurance companies, building and loan associates, credit unions, banks of discount and deposit, savings banks, private banks, loan and trust and safe deposit companies, rural loan and savings associations, guaranty loan and savings associations, mortgage guaranty companies, small loan companies, industrial loan and investment companies, and other financial institutions organized under Indiana law.

As added by P.L.108-1993, SEC.11.
Ind. Code § 8-25-5-15 — Indiana Code / Title 8 / Article 25 / Chapter 5 / Section 8-25-5-15
State moral obligation not created
Status: in_force

Sec. 15. Bonds issued under this chapter do not create a moral obligation of the state to pay all or part of the debt.

As added by P.L.153-2014, SEC.17.
Ind. Code § 8-2-17-6 — Indiana Code / Title 8 / Article 2 / Chapter 17 / Section 8-2-17-6
Vacation of ferry; appeals
Status: repealed

Sec. 6. If any ferry is not faithfully maintained and operated according to the terms of the recognizance provided for in section 4 of this chapter, the legislative body on complaint to them shall cause the proprietor of the ferry to be summoned before the legislative body to show cause why the ferry shall not be discontinued. The legislative body shall vacate the ferry or dismiss the complaint, according to the testimony, and may award costs against the complainant if such complaint is dismissed, or against the proprietor if the ferry be vacated. The vacation of the ferry shall not prevent the city or town, or any interested person, from recovering damages for any breach of the bond provided for in section 4 of this chapter. The ferrykeeper or any user of the ferry shall have the right to appeal from the decision of the legislative body to the circuit court, superior court, or probate court of the proper county upon filing therein a bond, within thirty (30) days thereafter, 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 be rendered against the appellant. Upon appeal, the circuit court, superior court, or probate court shall have the power to try the question of whether cause for the discontinuance of the ferry has been established.

Formerly: Acts 1921, c.137, s.6; Acts 1959, c.235, s.6. As amended by P.L.59-1984, SEC.113; P.L.8-1989, SEC.47; P.L.84-2016, SEC.37.
Ind. Code § 8-1-1.5-10 — Indiana Code / Title 8 / Article 1 / Chapter 1.5 / Section 8-1-1.5-10
Compensation; expenses
Status: in_force

Sec. 10. Each member of the nominating committee is entitled to receive the minimum salary per diem as provided in IC 4-10-11-2.1(b) while performing his duties. Such a member is also entitled to reimbursement for traveling expenses and other expenses actually incurred in connection with his duties, as provided in the state travel policies and procedures established by the department of administration and approved by the state budget agency.

As added by P.L.43-1983, SEC.8. Amended by P.L.87-1985, SEC.4.
Ind. Code § 8-8-8-1 — Indiana Code / Title 8 / Article 8 / Chapter 8 / Section 8-8-8-1
Headlights and red rear electric lights; violation; offense
Status: in_force

Sec. 1. A person operating or controlling any railroad shall equip each of its track motor cars used, during the period from thirty (30) minutes before sunset to thirty (30) minutes after sunrise, with an electric head-light of such construction and with sufficient candlepower to render plainly visible, at a distance of not less than three hundred (300) feet in advance of the track motor car, any track obstruction, landmark, warning sign, or grade crossing, and also shall equip each track motor car with a red rear electric light of such construction and with sufficient candlepower as to be plainly visible at a distance of three hundred (300) feet. It is a Class C infraction for such a person to operate or use any track motor car from thirty (30) minutes before sunset to thirty (30) minutes after sunrise if it is not equipped with lights of the candlepower, construction, and utility described in this section. Each day of operation or use in violation of this section constitutes a separate offense.

Formerly: Acts 1955, c.141, s.1. As amended by Acts 1978, P.L.2, SEC.830.
Ind. Code § 8-1-37-7 — Indiana Code / Title 8 / Article 1 / Chapter 37 / Section 8-1-37-7
"Participating electricity supplier"
Status: in_force

Sec. 7. As used in this chapter, "participating electricity supplier" refers to an electricity supplier that has been approved by the commission under section 11 of this chapter to participate in the program.

As added by P.L.150-2011, SEC.16.
Ind. Code § 8-6-7.6-4 — Indiana Code / Title 8 / Article 6 / Chapter 7.6 / Section 8-6-7.6-4
Unobstructed views at other crossings
Status: in_force

Sec. 4. (a) A railroad shall provide and maintain within the railroad's right-of-way an unobstructed view in each quadrant of a public rail-highway crossing that is under the control of the railroad as follows:

(1) If the crossing is equipped with a passive warning device, as follows:

(A) For tracks with a maximum authorized speed limit of not more than thirty (30) miles per hour, an unobstructed view of three hundred fifty (350) feet.

(B) For tracks with a maximum authorized speed limit of more than thirty (30) miles per hour and not more than sixty (60) miles per hour, an unobstructed view of six hundred fifty (650) feet.

(C) For tracks with a maximum authorized speed limit of more than sixty (60) miles per hour, an unobstructed view of nine hundred (900) feet.

If the crossing includes multiple tracks with different maximum authorized speed limits, the track with the highest authorized maximum speed limit shall be used to determine the unobstructed view under this subdivision.

(2) If the crossing is equipped with a train-activated warning device, two hundred fifty (250) feet.

(b) If a railroad is unable to provide or maintain an unobstructed view under subsection (a) due to a variance in terrain, elevation, track curvature, rolling stock, or permanent improvements at or near the public rail-highway grade crossing, the railroad shall provide and maintain an unobstructed view in each quadrant of the public rail-highway grade crossing to the furthest achievable unobstructed view.

As added by P.L.198-2016, SEC.69.
Ind. Code § 8-15-2-17.2 — Indiana Code / Title 8 / Article 15 / Chapter 2 / Section 8-15-2-17.2
Scope of rules; violations; offenses; penalties
Status: in_force

Sec. 17.2. (a) Notwithstanding IC 9, the authority may adopt rules:

(1) Establishing weight and size limitations for vehicles using a toll road project, subject to the following:

(A) The operator of any vehicle exceeding any of the maximum allowable dimensions or weights as set out by the authority in rules and regulations shall apply to the authority in writing, for an application for a special hauling permit, which application must be in compliance with all the terms thereof, and which application must be received at least seven (7) days prior to the time of permitted entry should such permit be granted. Such permit, if granted, will be returned to the applicant in duplicate, properly completed and numbered, and the driver of the vehicle shall have a copy to present to the toll attendant on duty at the point of entry.

(B) The authority shall assess a fee for issuing a special hauling permit. In assessing the fee, the authority shall take into consideration the following factors:

(i) The administrative cost of issuing the permit.

(ii) The potential damage the vehicle represents to the project.

(iii) The potential safety hazard the vehicle represents.

(2) Establishing the minimum speed that a motor vehicle may be driven on the interstate defense network of dual highways.

(3) Designating one-way traffic lanes on a toll road project.

(4) Determining the manner of operation of motor vehicles entering and leaving traffic lanes on a toll road project.

(5) Determining the regulation of U-turns, of crossing or entering medians, of stopping, parking, or standing, and of passing motor vehicles on a toll road project.

(6) Determining the establishment and enforcement of traffic control signs and signals for motor vehicles in traffic lanes, acceleration and deceleration lanes, toll plazas, and interchanges on a toll road project.

(7) Determining the limitation of entry to and exit from a toll road project to designated entrances and exits.

(8) Determining the limitation on use of a toll road project by pedestrians and aircraft and by vehicles of a type specified in such rules and regulations.

(9) Regulating commercial activity on a toll road project, including but not limited to:

(A) the offering or display of goods or services for sale;

(B) the posting, distributing, or displaying of signs, advertisements, or other printed or written material; and

(C) the operation of a mobile or stationary public address system.

(10) Establishing enforcement procedures and making assessments for the failure to pay required tolls. For any public-private agreement to which the authority is a party under IC 8-15.5 and that was originally entered into before January 1, 2010, the authority may adopt rules under this subdivision in the manner provided in IC 5-1.2-4-1(a)(2).

(b) A person who violates a rule adopted under this section commits a Class C infraction. However, a violation of a weight limitation established by the authority under this section is:

(1) a Class B infraction if the total of all excesses of weight under those limitations is more than five thousand (5,000) pounds but not more than ten thousand (10,000) pounds; and

(2) a Class A infraction if the total of all excesses of weight under those limitations is more than ten thousand (10,000) pounds.

(c) It is a defense to the charge of violating a weight limitation established by the authority under this section that the total of all excesses of weight under those limitations is less than one thousand (1,000) pounds.

(d) The court may suspend the registration of a vehicle that violated:

(1) a size or weight limitation established by the authority under this section; or

(2) a rule adopted under subsection (a)(10);

for a period of not more than ninety (90) days.

(e) Upon the conviction of a person for a violation of a weight or size limitation established by the authority under this section, the court may recommend suspension of the person's current chauffeur's license only if the violation was committed knowingly.

As added by Acts 1980, P.L.74, SEC.250. Amended by P.L.109-1983, SEC.23; P.L.151-2005, SEC.1; P.L.47-2006, SEC.15; P.L.140-2013, SEC.8; P.L.93-2024, SEC.82; P.L.44-2026, SEC.22.
Ind. Code § 8-1-32.4-15 — Indiana Code / Title 8 / Article 1 / Chapter 32.4 / Section 8-1-32.4-15
Commission's order to expedite availability of voice service during declared disaster emergency; provider authorized to offer service through any available technology
Status: in_force

Sec. 15. (a) The commission may act in accordance with IC 8-1-2-113 during a disaster emergency that is declared by the governor and that includes an area in Indiana that is not served by any communications service provider offering voice service through any technology or medium. If the commission acts in accordance with IC 8-1-2-113 during a declared disaster emergency, the commission may issue any order necessary to protect the health, safety, and welfare of affected residents or businesses and may expedite the availability of voice service to the affected residents or businesses.

(b) If the commission authorizes a communications service provider to offer voice service under this section, the commission shall permit the communications service provider to offer the voice service through any available technology or medium determined by the communications service provider.

As added by P.L.27-2006, SEC.54. Amended by P.L.8-2012, SEC.8; P.L.36-2026, SEC.8.
Ind. Code § 8-15.5-8-3 — Indiana Code / Title 8 / Article 15.5 / Chapter 8 / Section 8-15.5-8-3
Sales tax on purchases by operator
Status: in_force

Sec. 3. An operator or any other person purchasing tangible personal property for incorporation into or improvement of a structure or facility constituting or becoming part of the land included in the project is not exempt from the application of the gross retail or use tax under IC 6-2.5 with respect to such a purchase.

As added by P.L.47-2006, SEC.39. Amended by P.L.205-2013, SEC.162.
Ind. Code § 8-23-9-6 — Indiana Code / Title 8 / Article 23 / Chapter 9 / Section 8-23-9-6
Spending limit when no satisfactory proposal received
Status: in_force

Sec. 6. The commissioner may not expend more than eighty-five percent (85%) of the amount of the lowest and best proposal submitted for the kind of improvement proposed to be made when acting under section 5 of this chapter.

As added by P.L.18-1990, SEC.218.
Ind. Code § 8-4-24-8 — Indiana Code / Title 8 / Article 4 / Chapter 24 / Section 8-4-24-8
Amendment or repeal of chapter
Status: repealed

Sec. 8. This chapter may be amended or repealed at the discretion of the legislature.

Formerly: Acts 1861, c.78, s.8. As amended by P.L.62-1984, SEC.79.
Ind. Code § 8-1.5-2-20 — Indiana Code / Title 8 / Article 1.5 / Chapter 2 / Section 8-1.5-2-20
Bonds; payment from revenues not derived from particular utility; restriction
Status: in_force

Sec. 20. Except as provided by section 22 of this chapter, the municipal legislative body may not adopt an ordinance, or enter into or ratify a contract, for the payment, directly or indirectly, of a bond or bonds by revenues derived by the municipality from the levy of taxes, from the issuance of any bonds other than from the issuance of bonds specifically authorized by this chapter or by a refunding statute, or from any source except the revenues derived from that particular utility.

As added by Acts 1982, P.L.74, SEC.1.
Ind. Code § 8-18-21-18 — Indiana Code / Title 8 / Article 18 / Chapter 21 / Section 8-18-21-18
Public records
Status: in_force

Sec. 18. The records of a toll road authority are public records.

As added by P.L.386-1987(ss), SEC.21.
Ind. Code § 8-23-17-1 — Indiana Code / Title 8 / Article 23 / Chapter 17 / Section 8-23-17-1
"Agency" defined
Status: in_force

Sec. 1. As used in this chapter, "agency" means a department, board, commission, office, or instrumentality of the state, including a state supported college or university, or of a political subdivision of the state.

As added by P.L.18-1990, SEC.226.
Ind. Code § 8-1-9-5 — Indiana Code / Title 8 / Article 1 / Chapter 9 / Section 8-1-9-5
Certain projects; payment of initial cost
Status: in_force

Sec. 5. Notwithstanding any other provisions of this chapter, the Indiana department of transportation may pay the initial cost of relocating a utility facility if all of the following conditions have been met:

(1) The utility facility is owned by a political subdivision of this state.

(2) The removal of the utility facility is incurred as the result of a federally funded highway or railroad-highway improvement project.

(3) The relocation qualifies for initial cost of construction with state funds as a part of the federal-aid project cost.

(4) A federal-aid project agreement is entered into with the Federal Highway Administration.

(5) The department has been assured reimbursement for all costs by the Federal Highway Administration, the political subdivision, or both.

As added by Acts 1982, P.L.73, SEC.1. Amended by P.L.18-1990, SEC.26.
Ind. Code § 8-22-3.7-8 — Indiana Code / Title 8 / Article 22 / Chapter 3.7 / Section 8-22-3.7-8
Bylaws and rules
Status: in_force

Sec. 8. The development board may adopt the bylaws and rules that it considers necessary for the proper conduct of its duties and the safeguarding of the funds and property entrusted to its care.

As added by P.L.108-1993, SEC.11.
Ind. Code § 8-1-28-4 — Indiana Code / Title 8 / Article 1 / Chapter 28 / Section 8-1-28-4
"Safe Drinking Water Act" defined
Status: in_force

Sec. 4. As used in this chapter, "Safe Drinking Water Act" refers to the federal Safe Drinking Water Act (Public Health Service Act, 42 U.S.C. 300f et seq.) and regulations adopted under the Safe Drinking Water Act.

As added by P.L.76-1991, SEC.2.
Ind. Code § 8-23-21-2 — Indiana Code / Title 8 / Article 23 / Chapter 21 / Section 8-23-21-2
Maintenance of unofficial detour route
Status: in_force

Sec. 2. (a) When a state highway that was temporarily closed is reopened to traffic as a public thoroughfare, the department shall place the official detour route in the condition agreed to in writing by the department and the county before the official detour route was designated by the department.

(b) When a state highway that was temporarily closed is reopened to traffic as a public thoroughfare, the department shall restore the route that has been determined as an unofficial detour route to a condition that:

(1) is at least as good as the condition the unofficial detour route was in before it was determined by the department to be an unofficial detour route; or

(2) satisfies specifications of a written agreement between the department and the county in which the unofficial detour route is located.

(c) The department is required to restore only one (1) unofficial detour route for each official detour route under this section.

(d) Except as provided in section 4 of this chapter and if the establishment of run arounds is determined to be the most cost effective alternative of all available alternatives, the department shall establish run arounds instead of detours and may install temporary structures or other facilities to render the run arounds usable by persons traveling over the highway.

As added by P.L.18-1990, SEC.230. Amended by P.L.78-1990, SEC.1; P.L.120-1995, SEC.4.
Ind. Code § 8-1.5-5-16 — Indiana Code / Title 8 / Article 1.5 / Chapter 5 / Section 8-1.5-5-16
Charge for services in a municipality; deposit of funds
Status: in_force

Sec. 16. (a) This section applies to a municipality.

(b) The reasonable cost and value of any service rendered to the municipality by the storm water system by furnishing storm water collection and disposal shall be:

(1) charged against the municipality; and

(2) paid for as the service accrues out of:

(A) the current revenues of the municipality, collected or in process of collection; or

(B) the tax levy of the municipality made by it to raise money to meet its necessary current expenses.

(c) The compensation for the service provided to the municipality shall, in the manner prescribed by this chapter, be treated as revenues of the system and paid into the funds created under this chapter.

As added by P.L.125-1987, SEC.1. Amended by P.L.282-2003, SEC.13.
Ind. Code § 8-15.7-7-2 — Indiana Code / Title 8 / Article 15.7 / Chapter 7 / Section 8-15.7-7-2
Sales tax exemption for certain purchases
Status: in_force

Sec. 2. An operator or any other person purchasing tangible personal property for incorporation into or improvement of a structure or facility constituting or becoming part of the land included in a project is entitled to the exemption from gross retail tax and use tax provided under IC 6-2.5-4-9(c) and IC 6-2.5-3-2(c), respectively, with respect to that tangible personal property.

As added by P.L.47-2006, SEC.40. Amended by P.L.181-2016, SEC.36.
Ind. Code § 8-17-7-7 — Indiana Code / Title 8 / Article 17 / Chapter 7 / Section 8-17-7-7
Attendance at schools or courses conducted for local officials
Status: in_force

Sec. 7. (a) Each member of the county executive elected for the first time after October 31, 2020, shall attend any school or course conducted for local officials under IC 8-23-9-56 not later than two (2) years after the date of the member's election to the county executive.

(b) A member of the county executive not described in subsection (a) may attend any school or course conducted for local officials under IC 8-23-9-56.

(c) The fiscal body of each county shall appropriate sufficient funds to pay each member of the county executive a per diem for expenses for each day or part of a day the member is in attendance at any school or course conducted for local officials under IC 8-23-9-56, and to pay the member a sum for mileage at a rate determined by the county fiscal body for each mile traveled to attend the school.

Formerly: Acts 1959, c.331, s.7; Acts 1975, P.L.15, SEC.9. As amended by Acts 1980, P.L.74, SEC.306; P.L.86-1988, SEC.134; P.L.18-1990, SEC.152; P.L.1-1994, SEC.36; P.L.10-1997, SEC.15; P.L.18-2021, SEC.1.
Ind. Code § 8-2.1-24-5 — Indiana Code / Title 8 / Article 2.1 / Chapter 24 / Section 8-2.1-24-5
Inspection of records; examination of officers, agents, and employees; adoption of motor vehicle inspection rules
Status: in_force

Sec. 5. The department may require the filing of annual and other reports and the submission of all records and information necessary to aid the department in the exercise of the powers granted by this chapter. The department, a member of the department, or an authorized representative of the department, may:

(1) upon demand, inspect the books, accounts, papers, records, memoranda, equipment, and premises of a motor carrier;

(2) examine, under oath, any officer, agent, or employee of a motor carrier in relation to the motor carrier's business affairs; and

(3) prescribe rules for inspection of motor vehicles used by the motor carrier.

As added by P.L.110-1995, SEC.29.
Ind. Code § 8-15.7-4-2 — Indiana Code / Title 8 / Article 15.7 / Chapter 4 / Section 8-15.7-4-2
Competitive proposal procedure; request for qualifications; public hearing on preliminary selection and agreement
Status: in_force

Sec. 2. (a) This section establishes the competitive proposal procedure that the department shall use to enter into a public-private agreement with an operator under this article.

(b) The department may pursue a competitive proposal procedure using a request for qualifications and a request for proposals process or proceed directly to a request for proposals.

(c) If the department elects to use a request for qualifications phase, it must provide a public notice of the request for qualifications, for the period considered appropriate by the department, before the date set for receipt of submittals in response to the solicitation. The department shall provide the notice by posting in a designated public area and publication in a newspaper of general circulation, in the manner provided by IC 5-3-1. In addition, submittals in response to the solicitation may be solicited directly from potential offerors.

(d) The department shall evaluate qualification submittals based on the requirements and evaluation criteria set forth in the request for qualifications.

(e) If the department has undertaken a request for qualifications phase resulting in one (1) or more prequalified or shortlisted offerors, the request for proposals shall be limited to those offerors that have been prequalified or shortlisted.

(f) If the department has not issued a request for qualifications and intends to use only a one (1) phase request for proposals procurement, the department must provide a public notice of the request for proposals for the period considered appropriate by the department, before the date set for receipt of proposals. The department shall provide the notice by posting in a designated public area and publication in a newspaper of general circulation, in the manner provided by IC 5-3-1. In addition, proposals may be solicited directly from potential offerors.

(g) The department shall submit a draft of the request for proposals to the budget committee for its review before the issuance by the department of the request for proposals to potential offerors. The request for proposals must:

(1) indicate in general terms the scope of work, goods, and services sought to be procured;

(2) contain or incorporate by reference the specifications and contractual terms and conditions applicable to the procurement and the qualifying project;

(3) specify the factors, criteria, and other information that will be used in evaluating the proposals;

(4) specify any requirements or goals for use of:

(A) minority business enterprises and women's business enterprises certified under IC 4-13-16.5;

(B) disadvantaged business enterprises under federal or state law;

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

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

(5) if all or part of the project will consist of a tollway, require any offeror to submit a proposal based upon that part of the project that will consist of a tollway, as set forth in the request for proposals, and permit any offeror to submit one (1) or more alternative proposals based upon the assumption that a different part or none of the project will consist of a tollway;

(6) contain or incorporate by reference the other applicable contractual terms and conditions; and

(7) contain or incorporate by reference any other provisions, materials, or documents that the department considers appropriate.

If the draft of the request for proposals submitted for review provides for any tolls, the budget committee shall hold a meeting and conduct a review of the draft of the request for proposals not later than ninety (90) days after the date the draft request for proposals is submitted for review.

(h) The department shall determine the evaluation criteria that are appropriate for each project and shall set those criteria forth in the request for proposals. The department may use a selection process that results in selection of the proposal offering the best value to the public, a selection process that results in selection of the proposal offering the lowest price or cost or the highest payment to, or revenue sharing with, the department, or any other selection process that the department determines is in the best interests of the state and the public.

(i) The department shall evaluate proposals based on the requirements and evaluation criteria set forth in the request for proposals.

(j) The department may select one (1) or more offerors for negotiations based on the evaluation criteria set forth in the request for proposals. If the department believes that negotiations with the selected offeror or offerors are not likely to result in a public-private agreement, or, in the case of a best value selection process, no longer reflect the best value to the state and the public, the department may commence negotiations with other responsive offerors, if any, and may suspend, terminate, or continue negotiations with the original offeror or offerors. If negotiations are unsuccessful, the department shall terminate the procurement, may not award the public-private agreement, and may commence a new procurement for a public-private agreement. If the department determines that negotiations with an offeror have been successfully completed, the department shall, subject to the other requirements of this article, award the public-private agreement to the offeror.

(k) Before awarding a public-private agreement to an operator, the department shall schedule a public hearing on the preliminary selection of the operator and the terms of the proposed public-private agreement. The hearing shall be conducted in the county seat of the county that would be an affected jurisdiction for purposes of the proposed project. The department shall do the following:

(1) At least ten (10) days before the public hearing, post on the department's website:

(A) the proposal submitted by the offeror that has been preliminarily selected as the operator for the project, except for those parts of the proposal that are confidential under this article; and

(B) the proposed public-private agreement for the project.

(2) At least ten (10) days before the public hearing:

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

(B) publish notice of the hearing one (1) time in accordance with IC 5-3-1 in two (2) newspapers of general circulation in the county that would be an affected jurisdiction for purposes of the proposed project.

(3) Include the following in the notices required by subdivision (2):

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

(B) The subject matter of the hearing.

(C) A description of the agreement to be awarded.

(D) The recommendation that has been made to award the agreement to an identified offeror or offerors.

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

(F) A statement indicating that, subject to section 6 of this chapter, and except for those portions that are confidential under IC 5-14-3, the following are available on the department's website and are also available for public inspection and copying at the principal office of the department during regular business hours:

(i) The selected offer.

(ii) An explanation of the basis upon which the preliminary selection was made.

(iii) The proposed public-private agreement for the project.

(l) At the hearing, the department shall allow the public to be heard on the preliminary selection of the operator and the terms of the proposed public-private agreement.

(m) When the terms and conditions of multiple awards are specified in the request for proposals, awards may be made to more than one (1) offeror.

As added by P.L.47-2006, SEC.40. Amended by P.L.85-2010, SEC.17; P.L.163-2011, SEC.12; P.L.1-2025, SEC.130.
Ind. Code § 8-1-2-79 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-79
Securities; issuance; approval; fraud; offense
Status: in_force

Sec. 79. (a) Whenever a public utility desires to issue bonds, notes, or other evidences of indebtedness, payable more than one (1) year from the execution thereof, or preferred or common stock, it shall file with the commission a petition verified by its president or vice-president, and secretary or assistant secretary, or by two (2) of its incorporators, if it has no such officers, setting forth:

(1) the principal amount of bonds, notes, or other evidences of indebtedness, and the par value or number of shares of preferred and common stock;

(2) the minimum price for which said securities are to be disposed of or sold;

(3) the purposes for which said securities are to be disposed of or sold;

(4) the description, cost, or value of any property acquired or to be acquired from the proceeds of the disposal or sale of said securities;

(5) a balance sheet and income account; and

(6) all other information that may be relevant or that may be required by the commission.

For the purpose of enabling it to determine whether the proposed issue is in the public interest, in accordance with laws touching the issuance of securities by public utilities, and reasonably necessary in the operation and management of the business of the utility in order that the utility may provide adequate service and facilities, the commission also may consider the total outstanding capitalization of the utility, including the proposed issue, in relation to the total value of or investment in the property of the utility, including the property to be acquired by the proposed issue, as shown by the balance sheet, accounts, or reports of the utility, the records of the commission, or other evidence, and the character and proportionate amount of each kind of security, including the proposed issue, and the unamortized discount suffered by the utility in the sale of the outstanding securities. The commission shall make such further inquiry or investigation, hold such hearing or hearings, and examine such witnesses, books, papers, documents, or contracts as it may deem of importance in enabling it to reach a decision.

(b) An owner, officer, or agent of any public utility who knowingly violates this section, or knowingly makes any material misrepresentation or misstatements in connection with this section, commits a Level 6 felony.

Formerly: Acts 1913, c.76, s.91; Acts 1933, c.190, s.8. As amended by Acts 1978, P.L.2, SEC.801; P.L.158-2013, SEC.130.
Ind. Code § 8-22-3.5-14 — Indiana Code / Title 8 / Article 22 / Chapter 3.5 / Section 8-22-3.5-14
Repealed
Status: repealed

As added by P.L.108-1993, SEC.9. Amended by P.L.115-1995, SEC.10; P.L.85-1996, SEC.6; P.L.90-2002, SEC.334; P.L.192-2002(ss), SEC.148; P.L.4-2005, SEC.117; P.L.124-2006, SEC.10; P.L.146-2008, SEC.366; P.L.182-2009(ss), SEC.277. Repealed by P.L.288-2013, SEC.70.
Ind. Code § 8-5-15-5.6 — Indiana Code / Title 8 / Article 5 / Chapter 15 / Section 8-5-15-5.6
Covenants with bond purchasers; distributions from electric rail service fund
Status: repealed

Sec. 5.6. (a) The general assembly covenants with the purchasers of any bonds issued pursuant to the authority of this chapter that the taxes providing the amounts to be distributed to the district from the electric rail service fund (IC 8-3-1.5-20.6) and the commuter rail service fund (IC 8-3-1.5-20.5), which amounts are pledged to the payment of those bonds, shall not be repealed, amended, or altered in any manner that would adversely affect the levy and collection of those taxes, or change the method of fixing the rates of those taxes, so long as the principal of, or interest on, any such bonds is unpaid.

(b) The board, on behalf of the state and the district, is hereby authorized to make a similar pledge or covenant in any agreement with the purchasers of any bonds issued pursuant to the authority of this chapter.

(c) For purposes of this section, the principal of or interest on bonds or notes shall be considered paid if provision has been made for their payment in such a manner that the bonds or notes are not considered to be outstanding under the provisions of the resolution or trust agreement pursuant to which the bonds or notes are issued.

As added by Acts 1981, P.L.67, SEC.9. Amended by P.L.385-1987(ss), SEC.6.
Ind. Code § 8-16-5-3 — Indiana Code / Title 8 / Article 16 / Chapter 5 / Section 8-16-5-3
Appropriation of funds
Status: in_force

Sec. 3. After action by the county executive certified to the county fiscal body, the county fiscal body shall appropriate, out of the money raised by taxation or realized from the sale of bonds under IC 8-18-22 or obligations, one-half (1/2) of the necessary money to build and maintain the bridge.

Formerly: Acts 1920(2ss), c.25, s.3. As amended by P.L.86-1988, SEC.36; P.L.113-1989, SEC.2.
Ind. Code § 8-1-31.7-3 — Indiana Code / Title 8 / Article 1 / Chapter 31.7 / Section 8-1-31.7-3
"Eligible utility"
Status: in_force

Sec. 3. As used in this chapter, "eligible utility" means:

(1) a public utility;

(2) a municipally owned utility; or

(3) a not-for-profit utility;

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

As added by P.L.137-2020, SEC.15.
Ind. Code § 8-15.5-6-4 — Indiana Code / Title 8 / Article 15.5 / Chapter 6 / Section 8-15.5-6-4
Authority to include freeway and toll road projects in the state highway system
Status: in_force

Sec. 4. Each freeway project or toll road project constructed or operated in the state of Indiana under this article may be determined by the department to be part of the state highway system designated under IC 8-23-4-2 for purposes of identification, maintenance standards, and enforcement of traffic laws.

As added by P.L.47-2006, SEC.39. Amended by P.L.205-2013, SEC.159; P.L.91-2014, SEC.29; P.L.213-2015, SEC.113.
Ind. Code § 8-3-1-24 — Indiana Code / Title 8 / Article 3 / Chapter 1 / Section 8-3-1-24
Repealed
Status: repealed

As added by P.L.84-1988, SEC.1. Repealed by P.L.82-1991, SEC.1.
Ind. Code § 8-3-17-4 — Indiana Code / Title 8 / Article 3 / Chapter 17 / Section 8-3-17-4
Badge; exhibition upon demand and before making arrest
Status: in_force

Sec. 4. Every policeman so appointed and commissioned shall, when on duty, as herein provided, wear a metallic badge, with the word "Police" and the name of the railroad company for which he is appointed, inscribed thereon, and he shall exhibit such badge, on demand, and before making an arrest.

Formerly: Acts 1927, c.18, s.4.
Ind. Code § 8-17-1-3 — Indiana Code / Title 8 / Article 17 / Chapter 1 / Section 8-17-1-3
Rights-of-way
Status: in_force

Sec. 3. If a highway is constructed under this chapter, the right-of-way, or any required drainage courses, approaches, or any land necessary for the construction of a highway, or land necessary to build a bridge or a culvert shall be acquired by the county, either by donation by the owners of the land through which the highway passes or by agreement between the owner and the county executive, through eminent domain, or the public may acquire the property as is necessary in the same manner as provided for the construction of public highways. The entire cost of the right-of-way shall be paid by the county.

Formerly: Acts 1919, c.112, s.4. As amended by P.L.66-1984, SEC.79; P.L.86-1988, SEC.69.
Ind. Code § 8-1-8.3-3 — Indiana Code / Title 8 / Article 1 / Chapter 8.3 / Section 8-1-8.3-3
"Public utility"
Status: in_force

Sec. 3. As used in this chapter, "public utility" has the meaning set forth in IC 8-1-2-1(a).

As added by P.L.42-2004, SEC.1.
Ind. Code § 8-1-27-11 — Indiana Code / Title 8 / Article 1 / Chapter 27 / Section 8-1-27-11
Modification of previously approved plan; review by commission
Status: in_force

Sec. 11. If a public utility:

(1) chooses to; or

(2) because of action by a federal or state government environmental agency, is required to;

modify a part of an environmental compliance plan that has previously been approved by the commission to comply with the requirements of the Clean Air Act, the public utility shall submit a modified environmental compliance plan to the commission for the commission's review. The conflict provisions of section 10 of this chapter apply to a modified environmental compliance plan submitted under this section.

As added by P.L.76-1991, SEC.1.
Ind. Code § 8-25-1-6 — Indiana Code / Title 8 / Article 25 / Chapter 1 / Section 8-25-1-6
"Public transportation project"
Status: in_force

Sec. 6. "Public transportation project" refers to an action taken to:

(1) plan;

(2) design;

(3) acquire;

(4) construct;

(5) enlarge;

(6) improve;

(7) renovate;

(8) maintain;

(9) equip; or

(10) operate;

a public transportation system in an eligible county.

As added by P.L.153-2014, SEC.17.
Ind. Code § 8-1-29.5-4 — Indiana Code / Title 8 / Article 1 / Chapter 29.5 / Section 8-1-29.5-4
"Commission"
Status: in_force

Sec. 4. 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.53.
Ind. Code § 8-18-20-3 — Indiana Code / Title 8 / Article 18 / Chapter 20 / Section 8-18-20-3
"Toll road" defined
Status: in_force

Sec. 3. As used in this chapter and IC 8-18-21, "toll road" includes:

(1) the land required for a toll road right-of-way; and

(2) any highway constructed under this chapter, including all bridges, tunnels, interchanges, entrance plazas, approaches, tollhouses, and buildings required for administrative and maintenance purposes.

As added by P.L.386-1987(ss), SEC.20.
Ind. Code § 8-23-24.5-4 — Indiana Code / Title 8 / Article 23 / Chapter 24.5 / Section 8-23-24.5-4
Authorization for vegetation leases
Status: in_force

Sec. 4. To the extent permitted by federal law and when consistent with public safety, the department may enter into leases with appropriate persons for the persons to plant, maintain, and harvest vegetation on the highway rights-of-way for use in production of energy.

As added by P.L.182-2009(ss), SEC.281.
Ind. Code § 8-16-3.5-9 — Indiana Code / Title 8 / Article 16 / Chapter 3.5 / Section 8-16-3.5-9
Tax exemption
Status: in_force

Sec. 9. All bridges leased by a lessor corporation contracting with a county under this chapter are exempt from all state, county, and other taxes.

Formerly: Acts 1975, P.L.92, SEC.2. As amended by P.L.86-1988, SEC.32.
Ind. Code § 8-1-1.5-11 — Indiana Code / Title 8 / Article 1 / Chapter 1.5 / Section 8-1-1.5-11
Reporting requirement
Status: in_force

Sec. 11. On or before July 1, 2027, and July 1 biennially thereafter, the committee shall submit a report to the executive director of the legislative services agency, in an electronic format under IC 5-14-6, for review by the interim committee on government in accordance with IC 1-1-15.5-4 and IC 2-5-1.3-13(g). The report shall describe:

(1) official action taken; and

(2) actionable items considered;

by the committee during the preceding two (2) years.

As added by P.L.161-2025, SEC.11.
Ind. Code § 8-18-21-11 — Indiana Code / Title 8 / Article 18 / Chapter 21 / Section 8-18-21-11
Trust indentures
Status: in_force

Sec. 11. (a) The board of directors of an authority may secure bonds issued or loans made under this chapter by a trust indenture between the authority and a corporate trustee, which may be any trust company or national or state bank within Indiana that has trust powers.

(b) The trust indenture may:

(1) mortgage all or part of the toll road facility for which the bonds are issued or loan is made;

(2) contain reasonable and proper provisions for protecting and enforcing the rights and remedies of the bondholders or lenders, including covenants setting forth the duties of the authority and board concerning:

(A) the construction, operation, repair, maintenance, and insurance of the toll road facility; and

(B) the custody, safeguarding, and application of all money received or to be received by the authority on account of the toll road facility financed by the bonds or loan;

(3) set forth the rights and remedies of the bondholders or lenders and trustee; and

(4) restrict the individual right of action of bondholders or lenders.

(c) Except as otherwise provided in this chapter, the board of directors may, by resolution or in the trust indenture, specify:

(1) the officer, board, or depository to which the proceeds of the bonds or loan shall be paid; and

(2) the method of disbursing those proceeds.

As added by P.L.386-1987(ss), SEC.21.
Ind. Code § 8-4-14-3 — Indiana Code / Title 8 / Article 4 / Chapter 14 / Section 8-4-14-3
Powers, rights, privileges, immunities, and franchises
Status: in_force

Sec. 3. Such corporation shall possess all the powers, rights, privileges, immunities, and franchises in respect to said railroad, or the part thereof purchased or received pursuant to reorganization as aforesaid, and of all the real and personal property appertaining to the same, which were possessed or enjoyed by the corporation that owned or held the said railroad previous to such sale or reorganization proceeding by virtue of its charter and amendments thereto and other laws of this state or any state in which any part of said railroad is situate not inconsistent with the laws of this state. And it shall have power, at any time after the formation of the corporation as aforesaid, to assume any debts and liabilities of the former corporation or of the trustee in the reorganization proceeding, and to make such adjustment and settlement with any stockholder or stockholders or creditor or creditors of such former corporation as may be deemed expedient, and, for such purpose, to use such portions of the bonds and stock of said corporation as may be deemed advisable and in such manner as said corporation may deem proper; provided, that all subscribers to the original stock of said railroad company, their heirs, executors, and administrators shall (by the acceptance or adoption of this chapter by any purchaser or purchasers of any such railroad, as above provided) be released and discharged from all their unpaid subscriptions which shall not have been previously settled or arranged by agreement or compromise; and, provided, further, that such corporation, when so formed and organized, shall, in suing and being sued, and in operating such railroad, be subject to the general laws of this state not inconsistent with the original charter of said road and the amendments thereto.

Formerly: Acts 1945, c.202, s.3. As amended by P.L.62-1984, SEC.67.
Ind. Code § 8-23-7-28 — Indiana Code / Title 8 / Article 23 / Chapter 7 / Section 8-23-7-28
Surveys and investigations; compensation for damages
Status: in_force

Sec. 28. If during an entry under section 26 of this chapter damage occurs to the land or water as a result of the entry or work performed during the entry, the department shall compensate the aggrieved party. If the aggrieved party is not satisfied with the compensation determined by the department, the amount of damages shall be assessed by the county agricultural extension educator of the county in which the land or water is located and two (2) disinterested residents of the county, one (1) appointed by the aggrieved party and one (1) appointed by the department. A written report of the assessment of damages shall be mailed to the aggrieved party and the department by first class United States mail. If either the department or the aggrieved party is not satisfied with the assessment of damages, either or both may file a petition, not later than fifteen (15) days after receiving the report, in the circuit or superior court of the county in which the land or water is located. The department shall pay any compensation awarded to an aggrieved party under this section:

(1) not more than sixty (60) days after the date on which the parties agree to the amount of the compensation; or

(2) as ordered by the circuit or superior court.

As added by P.L.18-1990, SEC.216. Amended by P.L.40-1993, SEC.3; P.L.99-2008, SEC.4.
Ind. Code § 8-3-1.7-6 — Indiana Code / Title 8 / Article 3 / Chapter 1.7 / Section 8-3-1.7-6
Redeposit of repayments; investments by department of transportation
Status: in_force

Sec. 6. (a) Money held in the industrial rail service fund does not revert to the general fund at the end of a state fiscal year. Money loaned from the fund shall, when repaid, be redeposited in the industrial rail service fund.

(b) The Indiana department of transportation may invest money in the industrial rail service fund in the manner provided by law for investing money in the state general fund.

As added by Acts 1982, P.L.51, SEC.2. Amended by P.L.84-1988, SEC.6; P.L.18-1990, SEC.41.
Ind. Code § 8-1-13-23 — Indiana Code / Title 8 / Article 1 / Chapter 13 / Section 8-1-13-23
Classification of corporations; general district corporation and local district corporation distinguished
Status: in_force

Sec. 23. Any corporation to be formed under this chapter shall be either a general district corporation or a local district corporation.

(a) A general district corporation is a corporation formed under this chapter for the purpose of furnishing services to local district corporations. A general district corporation may be formed to do business in all, or a stated number of the counties of this state. No such corporation shall have the authority or right to do business with a local district corporation in any county already named as a part of the territory of another general district corporation unless, prior to its incorporation, consent for it to transact business in that county shall have been given by the existing general district corporation or corporations then authorized to furnish services to the local district corporations in that county. However, nothing in this chapter shall be construed to allow such a newly formed general district corporation to engage in the business to acquire, own, operate, maintain, and improve a system or systems. A general district corporation may be organized by:

(1) a group consisting of one-third (1/3) of the heads of farm families in all the counties included;

(2) the directors of an association of agricultural producers, the members of which reside in nine-tenths (9/10) of the counties named within the said corporation's territorial limits;

(3) the directors of the county or regional stockholder corporations within the state having as stockholders or members more than seventy-five thousand (75,000) producers of agricultural products within the state of Indiana; or

(4) the board of directors of another general district corporation organized under this chapter.

(b) A local district corporation is a corporation formed under this chapter for the purpose of furnishing services to its members. A local district corporation shall not be permitted to exercise any of the powers granted under this chapter until at least one-half (1/2) of the heads of farm families residing in the territory described in its proposed articles of incorporation shall have agreed in writing to become members of the corporation and made a minimum payment for such membership as in said articles provided.

Formerly: Acts 1935, c.175, s.21; Acts 1937, c.258, s.13. As amended by Acts 1980, P.L.70, SEC.1.
Ind. Code § 8-3-1.5-1 — Indiana Code / Title 8 / Article 3 / Chapter 1.5 / Section 8-3-1.5-1
Definitions
Status: in_force

Sec. 1. As used in this chapter:

(a) "Agent for the State" means the department as agent for the state as that term is used in the Regional Rail Reorganization Act of 1973.

(b) "Department" refers to the Indiana department of transportation established under IC 8-23-2-1.

(c) "Includes" and variants of it, should be read as if the phrase "but is not limited to" was also set forth.

(d) "Person" means individuals, corporations, partnerships, or foreign and domestic associations, including railroads.

(e) "Rail properties" means assets or rights, owned, leased, or otherwise controlled by a railroad or other persons which are used, or useful, in rail transportation service; however, the term rail properties does not include any properties owned, leased or otherwise controlled by a railroad not in reorganization unless it consents to such property's inclusion in the particular transaction.

(f) "Rail service" means both freight and passenger service.

Formerly: Acts 1975, P.L.79, SEC.1. As amended by Acts 1980, P.L.74, SEC.40; P.L.18-1990, SEC.36.
Ind. Code § 8-1-17-2 — Indiana Code / Title 8 / Article 1 / Chapter 17 / Section 8-1-17-2
Formation of corporation
Status: in_force

Sec. 2. Any number of natural persons not less than eleven (11) may, by executing, filing, and recording articles of incorporation as provided in this chapter, form a cooperative corporation, not organized for pecuniary profit, for the purpose of:

(1) if the corporation is local in its scope, promoting and encouraging the fullest possible use of communications service in Indiana by making communications service and educational services incident to communications service available to inhabitants of rural areas of Indiana at the lowest cost consistent with sound economy and prudent management of the business of the cooperative corporation; or

(2) if the corporation is general in its scope, furnishing engineering, financial, accounting, and/or educational services, incident to communications service.

Formerly: Acts 1951, c.193, s.2. As amended by P.L.136-2018, SEC.73; P.L.81-2020, SEC.4.
Ind. Code § 8-23-20.5-2 — Indiana Code / Title 8 / Article 23 / Chapter 20.5 / Section 8-23-20.5-2
"Market area"
Status: in_force

Sec. 2. As used in this chapter, "market area" has the meaning set forth in IC 8-23-20-25.6(a).

As added by P.L.97-2022, SEC.4.
Ind. Code § 8-14.5-2-13 — Indiana Code / Title 8 / Article 14.5 / Chapter 2 / Section 8-14.5-2-13
Weighted average life
Status: in_force

Sec. 13. "Weighted average life" of an issue of bonds or notes means:

(1) the sum of the products of the face amount of each maturity and the number of years to maturity (determined separately for each maturity and by taking into account mandatory sinking fund redemptions); divided by

(2) the face amount of the entire issue of bonds or notes.

As added by P.L.68-1988, SEC.12.
Ind. Code § 8-23-2-4 — Indiana Code / Title 8 / Article 23 / Chapter 2 / Section 8-23-2-4
Repealed
Status: repealed

As added by P.L.112-1989, SEC.5. Amended by P.L.18-1990, SEC.206; P.L.34-1990, SEC.3. Repealed by P.L.1-1991, SEC.82.
Ind. Code § 8-1-11.1-4 — Indiana Code / Title 8 / Article 1 / Chapter 11.1 / Section 8-1-11.1-4
Directors or trustees; adverse interest in contracts
Status: in_force

Sec. 4. No contract shall be made for the purchase or sale of any materials or supplies on behalf of said board of directors for utilities with any trustee or director, and no trustee nor director shall have any pecuniary interest in any such contract.

[Pre-Local Government Recodification Citation: 19-3-24-4.]

As added by Acts 1981, P.L.11, SEC.43.
Ind. Code § 8-1-32.3-8 — Indiana Code / Title 8 / Article 1 / Chapter 32.3 / Section 8-1-32.3-8
"Permit authority"
Status: in_force

Sec. 8. As used in this chapter, "permit authority" means a unit, a board, a commission, or any other governing body that makes legislative or administrative decisions concerning the construction, installation, modification, or siting of wireless facilities or wireless support structures. The term does not include:

(1) the Indiana department of transportation;

(2) the Indiana finance authority;

(3) the state or any of its agencies, departments, boards, commissions, authorities, or instrumentalities;

(4) the director of the department of natural resources; or

(5) a court or other judicial body that reviews decisions or rulings made by a permit authority.

As added by P.L.145-2015, SEC.3.
Ind. Code § 8-4.5-5-19 — Indiana Code / Title 8 / Article 4.5 / Chapter 5 / Section 8-4.5-5-19
Audits
Status: in_force

Sec. 19. The department of natural resources may audit all project costs incurred for compliance with the agreement, including costs that are part of the matching contribution.

As added by P.L.40-1995, SEC.3.
Ind. Code § 8-15.7-2-11 — Indiana Code / Title 8 / Article 15.7 / Chapter 2 / Section 8-15.7-2-11
"Operator"
Status: in_force

Sec. 11. "Operator" means a private entity that has entered into a public-private agreement with the department to provide services to or on behalf of the department.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-1-2.6-1 — Indiana Code / Title 8 / Article 1 / Chapter 2.6 / Section 8-1-2.6-1
Legislative declaration
Status: in_force

Sec. 1. The Indiana general assembly hereby declares that:

(1) the maintenance of universal telephone service is a continuing goal of the commission in the exercise of its jurisdiction;

(2) competition has become commonplace in the provision of telecommunications services in Indiana and the United States;

(3) advancements in and the convergence of technologies that provide voice, video, and data transmission, including:

(A) landline, wireless, cable, satellite, and Internet transmissions; and

(B) transmissions involving voice over Internet Protocol (VOIP), Internet Protocol enabled services, and voice over power lines;

are substantially increasing consumer choice, reinventing the marketplace with unprecedented speed, and making available highly competitive products and services and new methods of delivering local exchange service;

(4) traditional regulatory policies, practices, and statutes are not designed to deal with a competitive environment and technological advancements;

(5) an environment in which Indiana consumers will have available the widest array of state-of-the-art communications services at the most economic and reasonable cost possible will necessitate full and fair facilities based competition in the delivery of telecommunications services throughout Indiana; and

(6) streamlining of, and flexibility in, the regulation of providers of telecommunications services, regardless of the technology used, is essential to the well-being of Indiana, its economy, and its citizens, and that the public interest requires that the commission be authorized to formulate and adopt rules and policies as will permit the commission, in the exercise of its expertise, to regulate and control the provision of telecommunications services to the public in an increasingly competitive and technologically changing environment, giving due regard to the interests of consumers and the public, the ability of market forces to encourage innovation and investment, and the continued universal availability of basic telecommunications service.

As added by P.L.92-1985, SEC.1. Amended by P.L.23-1988, SEC.32; P.L.27-2006, SEC.13.
Ind. Code § 8-23-32-2 — Indiana Code / Title 8 / Article 23 / Chapter 32 / Section 8-23-32-2
"Motor vehicle"
Status: in_force

Sec. 2. As used in this chapter, "motor vehicle" has the meaning set forth in IC 9-13-2-105(a).

As added by P.L.120-2023, SEC.2.
Ind. Code § 8-1-2-55 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-55
Complaints against utilities; notice to utilities
Status: in_force

Sec. 55. The commission shall, prior to such formal hearing, notify the public utility complained of that a complaint has been made, and ten (10) days after such notice has been given, the commission may proceed to set a time and place for a hearing and an investigation as provided in this chapter.

Formerly: Acts 1913, c.76, s.58. As amended by P.L.136-2018, SEC.45.
Ind. Code § 8-1-46-27 — Indiana Code / Title 8 / Article 1 / Chapter 46 / Section 8-1-46-27
Implementing rules; adoption by commission
Status: in_force

Sec. 27. The commission shall adopt rules under IC 4-22-2 to implement this chapter.

As added by P.L.36-2026, SEC.10.
Ind. Code § 8-1-17-28 — Indiana Code / Title 8 / Article 1 / Chapter 17 / Section 8-1-17-28
Construction of chapter
Status: in_force

Sec. 28. This chapter is to be liberally construed, and the enumeration of any object, purpose, power, manner, method, or thing shall not be deemed to exclude like or similar objects, purposes, powers, manners, methods, or things.

Formerly: Acts 1951, c.193, s.29. As amended by P.L.59-1984, SEC.87.
Ind. Code § 8-14.5-3-10 — Indiana Code / Title 8 / Article 14.5 / Chapter 3 / Section 8-14.5-3-10
Gifts and bequests
Status: in_force

Sec. 10. The authority may accept gifts, devises, bequests, grants, appropriations, revenue sharing, other financing and assistance, and any other aid from any source and agree to and comply with conditions attached to the aid.

As added by P.L.68-1988, SEC.12.
Ind. Code § 8-22-5-2 — Indiana Code / Title 8 / Article 22 / Chapter 5 / Section 8-22-5-2
Rights of political subdivisions of adjoining state
Status: in_force

Sec. 2. The political subdivision of an adjoining state has all the rights, privileges, and duties of political subdivisions of Indiana, including the power of eminent domain, which must be exercised in accordance with Indiana law, as to property not devoted to public use, and the power jointly with political subdivisions of Indiana to acquire, establish, construct, own, control, lease, equip, improve, maintain, and operate airports, landing fields, or other air navigation facilities.

[Pre-Local Government Recodification Citation: 19-6-4-3.]

As added by Acts 1980, P.L.8, SEC.73.
Ind. Code § 8-15.7-8-8 — Indiana Code / Title 8 / Article 15.7 / Chapter 8 / Section 8-15.7-8-8
Use of private activity bonds to finance qualifying project
Status: in_force

Sec. 8. For the purpose of financing a qualifying project, the authority and the operator may apply for, obtain, issue, and use private activity bonds available under any federal law or program.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-14-15.1-5 — Indiana Code / Title 8 / Article 14 / Chapter 15.1 / Section 8-14-15.1-5
Trust established by the Indiana finance authority; charitable trust; proceeds transferred from the next generation trust fund
Status: reserved

Sec. 5. (a) The authority has established the next level Indiana trust fund to hold title to proceeds transferred to the trust under IC 8-14-15-5 (before its repeal), to be used exclusively for the provision of highways, roads, and bridges for the benefit of the people of Indiana and the users of those facilities.

(b) The trust as established is a charitable trust, separate from the state, but for the benevolent public purpose provided in this section.

(c) The trust consists of the proceeds transferred to the trust under IC 8-14-15-5 (before its repeal), and any income that accrues from the investment of these proceeds.

As added by P.L.217-2017, SEC.69. Amended by P.L.189-2018, SEC.76.
Ind. Code § 8-23-1.1-3 — Indiana Code / Title 8 / Article 23 / Chapter 1.1 / Section 8-23-1.1-3
"Abandonment"
Status: in_force

Sec. 3. "Abandonment" means the cessation of use of right-of-way activity upon a site with no intention to reclaim or use the site again for highway purposes.

As added by P.L.145-2026, SEC.37.
Ind. Code § 8-23-23-3 — Indiana Code / Title 8 / Article 23 / Chapter 23 / Section 8-23-23-3
Inferior construction; permission by inspectors; offense
Status: in_force

Sec. 3. An inspector who knowingly permits:

(1) construction of a highway contrary to the specifications;

(2) the use of inferior materials not provided for in the specifications; or

(3) the use of a lesser amount of materials than provided for in the specifications;

commits a Level 6 felony.

As added by P.L.18-1990, SEC.232. Amended by P.L.158-2013, SEC.136.
Ind. Code § 8-15.5-13-2 — Indiana Code / Title 8 / Article 15.5 / Chapter 13 / Section 8-15.5-13-2
"Candidate"
Status: in_force

Sec. 2. As used in this chapter, "candidate" refers to any of the following:

(1) A candidate for a state office.

(2) A candidate for a legislative office.

(3) A candidate for a local office.

As added by P.L.47-2006, SEC.39.
Ind. Code § 8-1-2.7-1 — Indiana Code / Title 8 / Article 1 / Chapter 2.7 / Section 8-1-2.7-1
Repealed
Status: repealed

As added by P.L.108-1989, SEC.1. Repealed by P.L.82-1997, SEC.19 and P.L.80-1997, SEC.24.
Ind. Code § 8-22-3.6-2 — Indiana Code / Title 8 / Article 22 / Chapter 3.6 / Section 8-22-3.6-2
"Airport project" defined
Status: in_force

Sec. 2. As used in this chapter, "airport project" means:

(1) any property or project that could be financed with the proceeds of bonds issued under IC 8-22-3; or

(2) any qualified airport development project.

As added by P.L.108-1993, SEC.10.
Ind. Code § 8-14-2-6 — Indiana Code / Title 8 / Article 14 / Chapter 2 / Section 8-14-2-6
Repealed
Status: repealed

As added by Acts 1979, P.L.95, SEC.1. Repealed by Acts 1980, P.L.74, SEC.434.
Ind. Code § 8-3-18-3 — Indiana Code / Title 8 / Article 3 / Chapter 18 / Section 8-3-18-3
Arrest of passenger; delivery before court; affidavit
Status: in_force

Sec. 3. When any passenger commits a crime upon any passenger train, the conductor of the train may arrest the passenger and take him before a court in the county in which the crime is committed, and file an affidavit charging him with the crime.

Formerly: Acts 1875, c.84, s.3. As amended by Acts 1978, P.L.2, SEC.823.
Ind. Code § 8-18-22-6 — Indiana Code / Title 8 / Article 18 / Chapter 22 / Section 8-18-22-6-b
Pledge of revenues; covenants not to impair pledged taxes
Status: in_force

Revisor's Note: The effective date of this section, as amended by P.L.68-2025, was amended by P.L.157-2026, SEC.290 to 7-1-2028.

Note: This version of section effective 7-1-2028. See also preceding version of this section, effective until 7-1-2028.

Sec. 6. (a) Except as provided in subsection (b), the county fiscal body may pledge revenues for the payment of principal and interest on the bonds and for other purposes under the ordinance as provided by IC 5-1-14-4, including revenues from the following sources:

(1) The motor vehicle highway account.

(2) The local road and street account.

(3) The county vehicle excise tax.

(4) The county wheel tax.

(5) The local income tax (IC 6-3.6).

(6) Assessments.

(7) Any other unappropriated or unencumbered money.

(b) The county fiscal body may not pledge to levy ad valorem property taxes for these purposes, except for revenues from the following:

(1) IC 8-16-3.

(2) IC 8-16-3.1.

(c) If the county fiscal body has pledged revenues from the local income tax as set forth in subsection (a), the county fiscal body may covenant that the county fiscal body will not repeal or modify the tax in a manner that would adversely affect owners of outstanding bonds issued under this chapter. The county fiscal body may make the covenant by adopting an ordinance using procedures described in IC 6-3.6-3.

As added by P.L.113-1989, SEC.9. Amended by P.L.197-2016, SEC.84; P.L.256-2017, SEC.96; P.L.68-2025, SEC.195.
Ind. Code § 8-17-1-31 — Indiana Code / Title 8 / Article 17 / Chapter 1 / Section 8-17-1-31
Repealed
Status: repealed

Formerly: Acts 1919, c.112, s.32. As amended by P.L.66-1984, SEC.89; P.L.17-1985, SEC.10; P.L.86-1988, SEC.94. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-1-2.6-16 — Indiana Code / Title 8 / Article 1 / Chapter 2.6 / Section 8-1-2.6-16
Repealed
Status: repealed

As added by P.L.27-2006, SEC.27. Repealed by P.L.107-2014, SEC.4.
Ind. Code § 8-1-32.6-5 — Indiana Code / Title 8 / Article 1 / Chapter 32.6 / Section 8-1-32.6-5
"Person"
Status: in_force

Sec. 5. As used in this chapter, "person" means an individual, a corporation, a limited liability company, a partnership, an unincorporated association, or a governmental entity.

As added by P.L.27-2006, SEC.56.
Ind. Code § 8-6-7.7-3.2 — Indiana Code / Title 8 / Article 6 / Chapter 7.7 / Section 8-6-7.7-3.2
Petition for closure; public hearing; determination and findings by unit
Status: in_force

Sec. 3.2. (a) A person may petition a unit (as defined in IC 36-1-2-23) under whose jurisdiction a public railroad crossing lies for the closure of a public railroad crossing. The unit shall conduct a public hearing on the petition not more than sixty (60) days after the date on which the unit receives the petition. Notice of the public hearing must be provided under section 3.5 of this chapter.

(b) Except as provided in subsection (c), if the unit determines that the crossing meets the criteria adopted by the Indiana department of transportation under section 3.1 of this chapter for closing a crossing, the unit shall approve the petition described in subsection (a) and issue an order to close the crossing. The unit shall provide a copy of the unit's findings to the Indiana department of transportation.

(c) If the unit determines that:

(1) the crossing meets the criteria for closure adopted by the Indiana department of transportation under section 3.1 of this chapter; and

(2) a compelling reason has been shown to exist for the crossing to remain open;

the unit may deny a petition to close the crossing. The unit shall provide a copy of the unit's findings to the Indiana department of transportation.

(d) If the unit determines that the crossing does not meet the criteria for closure adopted by the Indiana department of transportation and section 3.1 of this chapter, the unit may deny a petition to close the crossing.

(e) A unit and a railroad may agree to close a crossing within the jurisdiction of the unit. The unit must conduct a public hearing before agreeing to the closure of the crossing. Notice of the public hearing must be provided under section 3.5 of this chapter.

As added by P.L.81-1996, SEC.7. Amended by P.L.198-2016, SEC.71; P.L.49-2024, SEC.3.
Ind. Code § 8-1-7.9-6 — Indiana Code / Title 8 / Article 1 / Chapter 7.9 / Section 8-1-7.9-6
"Corporation"
Status: in_force

Sec. 6. As used in this chapter, "corporation" refers to the Indiana economic development corporation established by IC 5-28-3-1 or its successor.

As added by P.L.217-2025, SEC.2.
Ind. Code § 8-1-2-128 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-128
Nonjurisdictional water or wastewater utilities; quadrennial reports on asset management program; general administrative order by commission; required training or continuing education
Status: in_force

Sec. 128. (a) This section applies to a water or wastewater utility regardless of whether the water or wastewater utility has applied for or received a grant, loan, or other financial assistance from the authority under IC 5-1.2-10.

(b) The following definitions apply throughout this section:

(1) "Authority" refers to the Indiana finance authority established by IC 5-1.2-3-1.

(2) "Commission" refers to the Indiana utility regulatory commission created by IC 8-1-1-2.

(3) "Water or wastewater utility" means:

(A) a public utility (as defined in section 1(a) of this chapter);

(B) a municipally owned utility (as defined in section 1(h) of this chapter);

(C) a not-for-profit utility (as defined in section 125(a) of this chapter);

(D) a cooperatively owned corporation;

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

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

that provides water or wastewater service to the public in Indiana for compensation and that is not under the jurisdiction of the commission for approval of rates and charges.

(c) Beginning January 1, 2026, a water or wastewater utility shall submit to the commission, on a quadrennial basis, a report regarding the status of the water or wastewater utility's asset management program, as defined in the guidelines of the authority under IC 5-1.2-10. The report required under this subsection:

(1) shall be made in compliance with, and according to a schedule set forth in:

(A) the commission's general administrative order under subsection (h); and

(B) any other general administrative orders of the commission that the commission determines to be relevant; and

(2) must include information:

(A) demonstrating the water or wastewater utility's efforts to implement the guidelines under IC 5-1.2-10 for asset management programs; and

(B) certifying that:

(i) the water or wastewater utility has the technical, managerial, legal, and financial capability to support those efforts; and

(ii) in the case of a report submitted after December 31, 2026, the governing body of the water or wastewater utility has completed a training or continuing education program described in subsection (j) at least one (1) time during the four (4) year period covered by the report.

Evidence that a water or wastewater utility has submitted an asset management program to the authority in connection with an application for a grant, loan, or other financial assistance under IC 5-1.2 may be provided by the water or wastewater utility to satisfy the requirement under subdivision (2)(A), as long as the water or wastewater utility provides all other information required under this section and under the commission's general administrative order under subsection (h). In addition to providing the required information concerning the water or wastewater utility's asset management program, a water or wastewater utility shall also include in a report required by this subsection information regarding the status of any federal consent decree or other federal order to which the water or wastewater utility is subject at the time the report is submitted.

(d) Subject to subsection (i), the commission shall verify, on a quadrennial basis, that the asset management program of each water or wastewater utility is sufficient and complies with the commission's general administrative order under subsection (h). If the commission determines that a water or wastewater utility's asset management program:

(1) does not comply with the commission's general administrative order under subsection (h); or

(2) is otherwise insufficient to demonstrate that the water or wastewater utility has the technical, managerial, legal, and financial capability to operate and maintain the water or wastewater utility's water or wastewater system;

the commission shall notify the water or wastewater utility of the deficiency and provide a time frame in which the water or wastewater utility must correct the deficiency. The commission may require the water or wastewater utility to undergo an informal rate review in the manner set forth in IC 8-1-1.9-5(e)(1).

(e) If a water or wastewater utility receives two (2) consecutive notices of a deficiency under subsection (d) over the course of two (2) consecutive verifications under subsection (d):

(1) the commission shall assert jurisdiction over the rates and charges of the water or wastewater utility; and

(2) the water or wastewater utility must undergo base rate cases before the commission in the manner set forth in IC 8-1-1.9-5(e)(2).

Notwithstanding IC 8-1-2.7 or IC 8-1-1.9-5(e)(3), if, after the required period of rate regulation prescribed by IC 8-1-1.9-5(e)(2), the water or wastewater utility submits a report to the commission under subsection (c), and the commission determines that the report indicates that the water or wastewater utility's asset management program is sufficient, the water or wastewater utility may provide to the commission a notice withdrawing the utility from the commission's jurisdiction.

(f) If a water or wastewater utility receives three (3) consecutive notices of a deficiency under subsection (d) over the course of three (3) consecutive verifications under subsection (d), the commission may initiate a receivership proceeding with respect to the water or wastewater utility.

(g) The commission may enter into an agreement with:

(1) the department of environmental management; and

(2) the authority;

to carry out the requirements set forth in this section.

(h) Before October 1, 2025, the commission shall issue a general administrative order setting forth:

(1) the information required to be included in a report under subsection (c);

(2) the procedures for submitting a report under subsection (c), including a simplified alternative reporting form that:

(A) a water or wastewater utility with less than one thousand (1,000) customers may elect to submit; and

(B) enables the water or wastewater utility to:

(i) demonstrate the water or wastewater utility's efforts to implement the guidelines under IC 5-1.2-10 for asset management programs; and

(ii) certify that the water or wastewater utility has the technical, managerial, legal, and financial capability to support those efforts;

(3) the quadrennial reporting schedule for submitting a report under subsection (c);

(4) criteria to be used by the commission under subsection (d) to:

(A) determine whether a water or wastewater utility has undertaken efforts to establish and implement an asset management plan in accordance with the guidelines under IC 5-1.2-10; and

(B) identify a deficiency that would require a water or wastewater utility to undergo an informal rate review in the manner set forth in IC 8-1-1.9-5(e)(1); and

(5) any other information the commission considers relevant under this section.

(i) The commission may delegate its authority to:

(1) review reports submitted by water or wastewater utilities under subsection (c); and

(2) issue determinations and notices of deficiency under subsection (d);

to technical staff. A determination or notice of deficiency issued by technical staff may be appealed to the full commission. An action by the commission under this section is subject to review under IC 8-1-3.

(j) Beginning January 1, 2027, the governing body of a water or wastewater utility must, on at least a quadrennial basis, complete a training or continuing education program that:

(1) includes instruction on:

(A) best practices for establishing, implementing, and maintaining an asset management program, as defined in the guidelines of the authority under IC 5-1.2-10;

(B) the fiduciary duties of governing bodies of water or wastewater utilities;

(C) best practices with respect to the financial management of water or wastewater utilities; and

(D) complying with environmental regulations; and

(2) is offered by one (1) of the following providers:

(A) The commission.

(B) The drinking water and wastewater infrastructure research and extension program authorized by IC 5-1.2-11.5-10.

(C) A statewide not-for-profit association whose membership includes rural water or wastewater utilities.

A provider listed in clause (A) or (B) must offer at least one (1) training or continuing education program under this subsection at low or no cost to governing bodies of water or wastewater utilities. Not later than January 1, 2027, the commission shall publish on the commission's website a list of providers offering a training or continuing education program described in this subsection.

As added by P.L.91-2025, SEC.1.
Ind. Code § 8-1-31.6-11 — Indiana Code / Title 8 / Article 1 / Chapter 31.6 / Section 8-1-31.6-11
Hearing and order on petition by municipally owned utility
Status: in_force

Sec. 11. (a) When a petition is filed under section 10 of this chapter, the commission shall conduct a hearing.

(b) The office of the utility consumer counselor may:

(1) examine information of the municipally owned utility to confirm:

(A) that the customer lead service line improvements made or to be made are in accordance with section 9 of this chapter; and

(B) proper calculation of the adjustment amount proposed under section 10(a) of this chapter; and

(2) submit a report to the commission not later than thirty (30) days after the petition is filed.

(c) The commission shall hold the hearing and issue its order not later than sixty (60) days after the petition is filed.

(d) If the commission finds that a petition filed under section 10 of this chapter complies with the requirements of this chapter, the commission shall enter an order approving the petition.

As added by P.L.137-2020, SEC.9.
Ind. Code § 8-1-32.5-4 — Indiana Code / Title 8 / Article 1 / Chapter 32.5 / Section 8-1-32.5-4
"Communications service provider"
Status: in_force

Sec. 4. As used in this chapter, "communications service provider" means a person or an entity that offers communications service to customers in Indiana, without regard to the technology or medium used by the person or entity to provide the communications service. The term includes a provider of commercial mobile service (as defined in 47 U.S.C. 332).

As added by P.L.27-2006, SEC.55.
Ind. Code § 8-5-15-5.7 — Indiana Code / Title 8 / Article 5 / Chapter 15 / Section 8-5-15-5.7
Commuter transportation system bond fund; reserve; surplus
Status: in_force

Sec. 5.7. (a) If there are bonds outstanding issued pursuant to section 5.4 of this chapter, the treasurer of the board shall deposit in a separate and distinct fund called the commuter transportation system bond fund all amounts distributed to the district from the commuter rail service fund (IC 8-3-1.5-20.5) and the electric rail service fund established by IC 8-3-1.5-20.6.

(b) "Bond fund requirement" means the total of the following:

(1) the principal of and interest on all outstanding bonds issued pursuant to this chapter becoming due in the next twelve (12) months; plus

(2) as a reserve for such payment the amount provided in the resolutions or trust agreements pursuant to which such bonds are issued which reserve shall not in any event exceed an amount equal to two (2) times the maximum amount of principal and interest coming due of such bonds in any subsequent year by reason of stated maturities, scheduled mandatory prepayments or by operation of any mandatory prepayments or by operation of any mandatory sinking fund (assuming for the purpose of the foregoing that all such bonds which are subject to mandatory redemption or prepayment are redeemed or prepaid in accordance with the requirements of such mandatory redemption or prepayment and further assuming that such bonds are otherwise redeemed or prepaid prior to maturity).

(c) Amounts in the commuter transportation bond fund up to the bond fund requirement shall be applied to the payment of principal of such bonds and the interest thereon and to no other purpose whatsoever. Any amount in the bond fund which exceeds the bond fund requirement may be expended by the board for any purpose authorized by this chapter.

(d) The reserve shall be held as a separate subaccount within such bond fund. To the extent authorized and directed in any resolution of the board or in any trust agreement providing for the issuance of bonds pursuant to this chapter, proceeds of such bonds may be deposited in such reserve subaccount. However, the amount so deposited when added to any amount then in such subaccount shall not exceed the maximum amount required to be in such subaccount as above provided.

As added by Acts 1981, P.L.67, SEC.10. Amended by P.L.385-1987(ss), SEC.7.
Ind. Code § 8-4-2-4 — Indiana Code / Title 8 / Article 4 / Chapter 2 / Section 8-4-2-4
Special annual meeting of stockholders; voting; certificate of amendment; filing
Status: in_force

Sec. 4. If at such special or annual meeting of the stockholders, said amendments, or any of them, be submitted to a vote, and if it shall appear that votes representing a majority (or such greater proportion as said articles may require) of all the outstanding stock of each class of said company are cast in favor of the approval of said amendments or any of them, as submitted by the directors or as altered by the stockholders' meeting, a certificate setting forth such amendments as adopted and the approval thereof, verified by the affidavit of the president or vice-president and under the corporate seal of said company shall be filed in the office of the secretary of state, and thereupon the amendment or amendments so approved at such meeting of the stockholders shall be, and are hereby declared, accomplished, and the articles of association or consolidation of said company shall be deemed to be amended in accordance with said vote of the stockholders.

Formerly: Acts 1933, c.101, s.4; Acts 1939, c.65, s.3.
Ind. Code § 8-1-26.5-10 — Indiana Code / Title 8 / Article 1 / Chapter 26.5 / Section 8-1-26.5-10
Request for list of contractors
Status: in_force

Sec. 10. Upon request of:

(1) the commission; or

(2) the pipeline safety division;

a communications service provider or a utility shall provide to the commission or the pipeline safety division, whichever made the request, a list of the communications service provider's or the utility's contractors operating in Indiana. A request under this section may not be made to a communications service provider or a utility more than once per calendar year unless the request is related to an investigation under IC 8-1-26.

As added by P.L.93-2018, SEC.1.
Ind. Code § 8-1-2-87.6 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-87.6
Exemption of Indiana produced natural gas; petition and hearing on rates for purchase or transport
Status: in_force

Sec. 87.6. (a) Except as provided in this section, the production, gathering, sale, or transportation of Indiana produced natural gas is exempt from this chapter.

(b) Any person, corporation, or other entity engaged in the production, gathering, sale, or transportation of natural gas produced in Indiana may petition the commission to:

(1) require a gas utility certified under section 86 or 87 of this chapter to purchase or transport Indiana produced natural gas owned by the petitioning entity; and

(2) set the rates for the purchase or transportation of that gas.

(c) Upon receiving a petition under subsection (b), the commission may order the gas utility to transport or purchase the gas, and shall conduct a public hearing to set the purchase or transportation rates. The commission may only require the purchase or transportation of Indiana produced natural gas that:

(1) is of pipeline quality and reliability; and

(2) is to be delivered to a facility of the transporting or purchasing local distribution company that has adequate capacity to accept and transport the volume of gas involved.

The commission shall provide notice of the hearing in accordance with IC 8-1-1-8. The commission shall prescribe the form of the petition, the procedures for the hearing, and the parties to whom notice is to be sent.

(d) If the sale of Indiana produced natural gas to an end use consumer for consumption in the franchise territory of a gas utility with less than five thousand (5,000) customers detrimentally affects the other end use consumers in the utility's franchise territory, the utility may petition the commission to require the seller to instead sell the gas to that utility at a rate and under terms and conditions set by the commission.

(e) Any interested party may appear at a hearing conducted under subsections (c) and (d) either in person or by attorney and offer evidence in support of or in opposition to the petition. The commission may conduct an investigation and introduce any evidence obtained as a result of the investigation at the hearing.

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

As added by P.L.81-1986, SEC.1.
Ind. Code § 8-1-2.8-9 — Indiana Code / Title 8 / Article 1 / Chapter 2.8 / Section 8-1-2.8-9
"Telephone company"
Status: in_force

Sec. 9. As used in this chapter, "telephone company" means:

(1) any natural person, firm, association, corporation, or partnership, owning, leasing, or operating any lines, facilities, or systems used in the furnishing of telephone service; and

(2) any common carrier or carrier as those terms are defined in Title IV of the ADA.

As added by P.L.75-1991, SEC.1.
Ind. Code § 8-16-2-15 — Indiana Code / Title 8 / Article 16 / Chapter 2 / Section 8-16-2-15
Failure to pay toll
Status: in_force

Sec. 15. It is a Class C infraction for a person to pass by any toll-gate established by the department in accordance with this chapter without the payment of the proper toll as prescribed by the department. It is a Class C infraction for a toll-collector to knowingly permit any person to pass such a toll-gate without the payment of the toll.

Formerly: Acts 1927, c.10, s.15. As amended by Acts 1978, P.L.2, SEC.856; Acts 1980, P.L.74, SEC.288; Acts 1981, P.L.108, SEC.3.
Ind. Code § 8-6-2.1-21 — Indiana Code / Title 8 / Article 6 / Chapter 2.1 / Section 8-6-2.1-21
Special tax; taxing district
Status: in_force

Sec. 21. (a) Upon final action of the board or the circuit court, superior court, or probate court confirming the resolution, all territory lying within the corporate limits of the city shall become a special taxing district for grade separation and railroad relocation and reconstruction purposes, and all property, real and personal, located within the territorial limits of the district shall be subject to a special tax for the purpose of providing funds to pay the city's portion of the total cost of the improvement.

(b) The special tax shall constitute the amount of benefits resulting to all of the property from the proceedings, and shall be levied in the manner provided for by this chapter. If the board determines that any lots or 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 for railroad use or from which railroad facilities are to be removed, will incur a particular benefit by reason of their proximity in addition to the benefits received by them in common with all other property located in the district, those lots and parcels of land which lie within the corporate limits of the city shall be subject to a special assessment for the benefits.

(c) The special assessment shall be determined in accordance with this chapter, but the total amount of the additional benefits assessed shall not in any case exceed forty percent (40%) of the city's share of the total cost of the improvement; and the total amount of the additional benefits assessed and finally confirmed or adjudged against lots and parcels of land exclusive of improvements lying within two thousand (2,000) feet shall be deducted from the city's share of the total cost and the balance of the city's share of the total cost, is the amount of the benefits resulting to all property in the special taxing district, and the special tax shall be levied only for this balance. Any lot or parcel of land owned and used or occupied for railroad purposes at the time of the adoption of any resolution by any railroad company whose tracks are affected by the resolution, or any lot or parcel of land devoted to railroad purposes in connection with and because of the improvement, is not subject to any special assessment for the particular benefits.

[Pre-Local Government Recodification Citation: 19-5-14-21.]

As added by Acts 1980, P.L.8, SEC.70. Amended by P.L.84-2016, SEC.44.
Ind. Code § 8-22-2-1 — Indiana Code / Title 8 / Article 22 / Chapter 2 / Section 8-22-2-1
Department of aviation
Status: in_force

Sec. 1. (a) Whenever the fiscal body of an eligible entity adopts an ordinance or a resolution in favor of the acquisition, improvement, operation, or maintenance of an airport or landing field for the entity under this chapter, and declaring a necessity for the airport or landing field, then on the effective date of the ordinance or resolution, there is established as an executive department of the entity a department of aviation, under the control of a board to be known as the board of aviation commissioners.

(b) The following apply to a board of aviation commissioners established under this chapter:

(1) Except as provided in subsections (e), (f), and (g), the board consists of four (4) members.

(2) Except as provided in subsection (e), the executive of the entity shall appoint the members of the board.

(3) Except as provided in subsections (f), (g), and (h), not more than two (2) of the members of the board may be of the same political party.

(c) The fiscal body of the entity may provide a per diem for the members of the board in any amount not exceeding thirty-five dollars ($35) for each whole or part day a member is engaged in board activities. The members of the board shall also be paid their actual expenses, which may include the expenses of the members or employees of the board in attending meetings or conventions held to discuss aviation matters.

(d) Before beginning the duties of office, each board member shall take and subscribe the usual oath of office, to be endorsed upon the certificate of appointment, and shall cause that to be filed with the clerk or other officer performing duties similar to that of clerk in the entity. Any person who does not file the oath with the clerk or other officer performing duties similar to that of the clerk within thirty (30) days after the beginning of the term for which the person has been appointed, or at the date of the person's appointment, if appointed after the beginning of the term, is considered to have refused to serve and the office becomes vacant.

(e) Notwithstanding subsection (b), if a county having a population of more than two hundred fifty thousand (250,000) and less than three hundred thousand (300,000) has established a board, the county council and the mayors of the two (2) cities in the county having the largest populations may each appoint one (1) additional member to the board, thereby creating a board consisting of a total of seven (7) members. The three (3) additional members serve in the same manner, are accorded the same status, and perform the same duties as the four (4) initial board members, and serve terms of four (4) years. If either the county council or either of the two (2) mayors fails to make appointments to the board, that fact does not prejudice appointments that may be made by the other appointing authority or authorities.

(f) This subsection applies to the following:

(1) A county having a population of more than one hundred twenty thousand (120,000) and less than one hundred thirty thousand (130,000).

(2) A county having a population of more than thirty-six thousand seven hundred (36,700) and less than thirty-seven thousand (37,000).

Notwithstanding subsection (b), if a county has established a board under this chapter, the county executive may add one (1) additional member to the board so that the board has a total of five (5) members. Not more than three (3) of the five (5) members of the board may be of the same political party. The one (1) additional member shall serve in the same manner, be accorded the same status, and perform the same duties as the four (4) initial members, and serve a four (4) year term.

(g) This subsection does not apply to a board subject to subsection (e) or (f). Notwithstanding subsection (b), the fiscal body of an eligible entity may adopt an ordinance or a resolution providing that the board consists of five (5) members. If the board consists of five (5) members, not more than three (3) members may be of the same political party.

(h) The requirements in this section that not more than a certain number of members of a board of aviation commissioners may be of the same political party do not apply to:

(1) an eligible entity with a population of less than thirty-eight thousand (38,000); and

(2) a county having a population of more than three hundred thousand (300,000) and less than three hundred fifty thousand (350,000).

[Pre-Local Government Recodification Citation: 19-6-1-2.]

As added by Acts 1980, P.L.8, SEC.73. Amended by Acts 1981, P.L.113, SEC.1; P.L.12-1992, SEC.66; P.L.58-1994, SEC.1; P.L.115-1995, SEC.2; P.L.116-1995, SEC.2; P.L.170-2002, SEC.68; P.L.134-2005, SEC.1; P.L.119-2012, SEC.97; P.L.104-2022, SEC.70; P.L.18-2025, SEC.1; P.L.238-2025, SEC.12.
Ind. Code § 8-2.1-25-6 — Indiana Code / Title 8 / Article 2.1 / Chapter 25 / Section 8-2.1-25-6
Inspections and safety standards; impoundment of motor bus; notice to contractor
Status: in_force

Sec. 6. (a) A motor bus has not been inspected and does not meet the safety standards of this chapter unless the motor carrier certifies to the state police department that the motor bus has:

(1) been inspected by:

(A) an employee of the motor carrier;

(B) an employee of the department;

(C) an employee of a certified third party inspector; or

(D) another individual;

who meets the requirements of 49 CFR 396.19, is certified by the Commercial Vehicle Safety Alliance, or is certified as a commercial motor vehicle technician by Automotive Service Excellence; and

(2) met the inspection requirements of the federal motor carrier safety regulations and this chapter.

(b) If the department determines that a motor carrier is not capable of carrying out an inspection under subsection (a), the state police department may:

(1) inspect a motor bus of the motor carrier; or

(2) request a compliance review of the safety management of the motor carrier by the Federal Highway Administration, if the carrier is an interstate carrier, or the motor carrier division of the state police department, if the carrier is an intrastate carrier.

(c) Before a motor bus that has been out of service due to safety violations may return to service, the state police department may require a motor carrier to present the bus for inspection if the safety violations were so severe as to call into question the maintenance capability of the carrier. Upon notification by the carrier to the state police department that the motor bus is ready to return to service, the state police department may inspect the bus not more than two (2) business days following the notification by the carrier. If the state police department does not inspect the bus within two (2) business days following the notification by the carrier, the carrier must have the bus inspected by:

(1) an employee of the motor carrier;

(2) an employee of the department;

(3) an employee of a certified third party inspector; or

(4) another individual;

who meets the requirements of 49 CFR 396.19, is certified by the Commercial Vehicle Safety Alliance, or is certified as a commercial motor vehicle technician by Automotive Service Excellence.

(d) If a motor bus is found in operation without correction of the safety violations that caused it to be placed out of service, the state police department shall immediately impound the bus and the state police department may request a compliance review of the safety management of the motor carrier by the Federal Highway Administration, if the carrier is an interstate carrier, or the motor carrier division of the state police department, if the carrier is an intrastate carrier.

(e) A motor carrier must notify a contractor for the use of a motor bus for an organizational activity of the following:

(1) That the carrier will provide a motor bus that has been inspected and meets federal safety inspection standards.

(2) The method by which the motor bus was inspected, whether the method was self-inspection, state police department inspection, or third-party inspection.

(3) That the contractor may call a toll free number to notify the Indiana state police if the contractor has concerns about operational safety problems during the trip or has reason to believe that the motor bus is being operated in need of repair in violation of federal motor safety regulations.

(f) The department must establish or maintain a toll free number that a contractor described under subsection (e) may call to notify the state police department about concerns regarding motor bus safety.

As added by P.L.86-1997, SEC.1. Amended by P.L.94-1998, SEC.1.
Ind. Code § 8-3-2-1 — Indiana Code / Title 8 / Article 3 / Chapter 2 / Section 8-3-2-1
Freight carriers; law governing
Status: in_force

Sec. 1. The provisions of the chapter shall apply to all such corporations, foreign or domestic, and to the receivers and lessees thereof as shall be engaged in the business of a common carrier of freight in carload lots or less, for hire, on railroads between points within this state. The provisions of this chapter shall also apply to all carriers engaged in the performance of transfer or switching service on and over any terminal, transfer, belt, or switching railroad in this state; provided, that the provisions of this chapter shall not be so applied as to regulate or control interstate commerce, or to in any manner affect or regulate the charges imposed therefor. It is further provided that the provisions of this chapter shall not apply to any carrier or carriers within this state whose income from freight business does not equal thirty-three and one-third percent (33 1/3%) of their gross revenue.

Formerly: Acts 1907, c.231, s.1. As amended by P.L.62-1984, SEC.13.
Ind. Code § 8-23-20-25.5 — Indiana Code / Title 8 / Article 23 / Chapter 20 / Section 8-23-20-25.5
Changeable message signs; rules; permits; erection; compliance
Status: in_force

Sec. 25.5. (a) The department may adopt rules under IC 4-22-2 that provide for the issuance of a permit for a changeable message sign erected, operated, used, or maintained in areas described in section 25(a) of this chapter.

(b) A permit authorized by this section may not otherwise violate state or federal law or local ordinances or regulations.

(c) Until the department adopts rules under this section, a person may erect, operate, or use a changeable message sign in an area described in section 25(a) of this chapter, subject to any other requirements of state or federal law or local ordinances or regulations.

(d) This subsection applies to a changeable message sign erected after the owner or operator receives a permit from the department. Notwithstanding any rules adopted by the department after the issuance of the permit, a changeable message sign that is in compliance with the rules in effect at the time a permit is granted for the changeable message sign is considered to be in compliance with the department's rules.

As added by P.L.66-2007, SEC.5.
Ind. Code § 8-1-7.9-13 — Indiana Code / Title 8 / Article 1 / Chapter 7.9 / Section 8-1-7.9-13
"Pre-filing meeting"
Status: in_force

Sec. 13. As used in this chapter, "pre-filing meeting" means a meeting to review and discuss a filing or submittal by an energy utility in accordance with:

(1) section 18 of this chapter;

(2) section 20 of this chapter; or

(3) section 22 of this chapter;

as applicable.

As added by P.L.217-2025, SEC.2.
Ind. Code § 8-1-43-3 — Indiana Code / Title 8 / Article 1 / Chapter 43 / Section 8-1-43-3
"Electric utility"
Status: in_force

Sec. 3. As used in this chapter, "electric utility" means a public utility (as defined in IC 8-1-2-1(a)) that:

(1) furnishes retail electric service to customers in Indiana; and

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

As added by P.L.94-2022, SEC.4.
Ind. Code § 8-22-1-13 — Indiana Code / Title 8 / Article 22 / Chapter 1 / Section 8-22-1-13
"Party states"
Status: in_force

Sec. 13. "Party states" means the state of Indiana and an adjoining state.

[Pre-Local Government Recodification Citation: 19-6-5-1 part.]

As added by Acts 1980, P.L.8, SEC.73.
Ind. Code § 8-1-2.7-3 — Indiana Code / Title 8 / Article 1 / Chapter 2.7 / Section 8-1-2.7-3
Approval for withdrawal
Status: in_force

Sec. 3. A utility described in section 1.3(a)(1) or 1.3(a)(2) of this chapter that proposes to withdraw from the jurisdiction of the commission must first obtain approval from its members or shareholders.

As added by P.L.108-1989, SEC.1. Amended by P.L.80-1997, SEC.7; P.L.82-1997, SEC.7; P.L.159-1999, SEC.7.
Ind. Code § 8-1-32.5-2 — Indiana Code / Title 8 / Article 1 / Chapter 32.5 / Section 8-1-32.5-2
"Commission"
Status: in_force

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

As added by P.L.27-2006, SEC.55.
Ind. Code § 8-1-17-13 — Indiana Code / Title 8 / Article 1 / Chapter 17 / Section 8-1-17-13
Powers of cooperative corporation enumerated
Status: in_force

Sec. 13. A cooperative corporation may do any and all acts or things necessary or convenient for carrying out the purpose for which it was formed, including the following:

(1) To sue and be sued.

(2) To have a seal and alter the same at pleasure.

(3) To acquire, hold, and dispose of property, real and personal, tangible and intangible, or any interest in the property and to pay in cash or credit, and to secure and procure payment of all or any part of the purchase price on the terms and conditions as the board shall determine.

(4) If it is a local cooperative corporation, to furnish, improve, and expand communications service to its members, to governmental agencies and political subdivisions, and to other persons.

(5) If it is a local cooperative corporation, to construct, purchase, lease as lessee, or otherwise acquire, and to improve, expand, install, equip, maintain, and operate, and to sell, assign, convey, lease as lessor, mortgage, pledge, or otherwise dispose of or encumber communications facilities or systems, lands, buildings, structures, plants and equipment, exchanges, and any other real or personal property, tangible or intangible which is necessary or appropriate to accomplish the purpose for which the local cooperative corporation is organized.

(6) To cease doing business and to dissolve and surrender its corporate franchise.

(7) If it is a local cooperative corporation, to construct, operate, and maintain its communications facilities across or along any street or public highway, or over lands that are the property of this state or a political subdivision of the state. Before communications facilities are constructed across or along a highway in the state highway system, the local cooperative corporation shall first obtain the permit of the Indiana department of transportation to do so, and the location and setting of the communications facilities shall be approved by and subject to the supervision of the Indiana department of transportation. Before communications facilities are constructed on or across land belonging to the state, the local cooperative corporation shall first obtain the permit of the department of state having charge of the lands to do so, and the location and setting of the communications facilities shall be approved by and subject to the supervision of the department. The communications facilities shall be erected and maintained so as not to interfere with the use and maintenance of the streets, highways, and lands, and no pole or appliance shall be located so as to interfere with the ingress or egress from any premises on the street or highway. Nothing in this section contained shall deprive the body having charge of the street or highway of the right to require the relocation of any pole or appliance which may affect the proper use of the street or highway for public travel, for drainage, or for the repair, construction, or reconstruction of the street or highway. The local cooperative corporation shall restore the street, highway, or lands to their former condition or state as near as may be and shall not use the same in a manner to impair unnecessarily their usefulness or to injure the property of others.

(8) To accept gifts or grants of property, real or personal, from any person, municipality, or federal agency and to accept voluntary and uncompensated services.

(9) If it is a local cooperative corporation, to connect and interconnect its communications facilities or systems with other communications facilities or systems. A connection or interconnection shall be in a manner and according to specifications as will avoid interference with or hazards to existing communications facilities or systems.

(10) To issue membership certificates.

(11) To borrow money and otherwise contract indebtedness, and to issue or guarantee notes, bonds, and other evidences of indebtedness and to secure the payment thereof by mortgage, pledge, or deed of trust of, or any other encumbrance upon, any or all of its then owned or after-acquired real or personal property, assets, franchises, or revenues.

(12) To make any and all contracts necessary or convenient for the full exercise of the powers in this chapter granted, including, without limiting the generality of the foregoing, contracts with any person, federal agency, municipality, or other corporation for the interconnection of communications service; for the management and conduct of the business of the cooperative corporation; and for the fixing of the rates, fees, or charges for service rendered or to be rendered by the local cooperative corporation.

(13) To levy and collect reasonable fees, rents, tolls, and other charges for communications service rendered.

(14) If it is a local cooperative corporation, to exercise the right of eminent domain in the manner provided by law for the exercise thereof by communications service providers (as defined in IC 8-1-2.6-13(b)).

(15) To adopt, amend, and repeal bylaws.

(16) If it is a local cooperative corporation, to become a member of a general cooperative corporation and if it is a general cooperative corporation, to have local cooperative corporations as its members.

(17) To recover, after a period of two (2) years, any unclaimed stocks, dividends, capital credits, patronage refunds, utility deposits, membership fees, account balances, or book equities for which the owner cannot be found and are the result of distributable savings of the corporation returned to the members on a pro rata basis pursuant to section 20 of this chapter.

Formerly: Acts 1951, c.193, s.13. As amended by Acts 1980, P.L.74, SEC.36; Acts 1981, P.L.106, SEC.2; P.L.18-1990, SEC.28; P.L.97-1993, SEC.7; P.L.27-2006, SEC.43; P.L.81-2020, SEC.11.