Ind. Code § 8-23-20-25 — Indiana Code / Title 8 / Article 23 / Chapter 20 / Section 8-23-20-25
Advertising signs along federally regulated and interstate highways; permits; fees; rules; registration of signs
Status: in_force

Sec. 25. (a) The department shall institute a permit system to regulate the erection and maintenance of outdoor advertising signs along:

(1) the interstate and primary system, as defined in 23 U.S.C. 131(t) on June 1, 1991; and

(2) any other highways where control of outdoor advertising signs is required under 23 U.S.C. 131.

(b) Except as provided in subsections (c) and (g) and section 25.5(c) of this chapter, a sign may not be erected, operated, used, or maintained in areas described in subsection (a) unless the owner of the sign has obtained a permit under this section.

(c) A permit is not required to erect, operate, use, or maintain the following signs:

(1) Directional or official signs and notices.

(2) Signs advertising the sale or lease of the property on which the sign is located.

(3) Signs that primarily indicate:

(A) the name of the business, activity, or profession conducted;

(B) the types of goods produced or sold; or

(C) the services rendered;

on the property on which the sign is located.

(d) Signs in existence on July 1, 1993, and subject to this section:

(1) must comply with the registration system described in subsection (h); and

(2) are subject to the permit requirement after the department has made the determination described in subsection (g).

(e) The department shall adopt rules under IC 4-22-2 to carry out this section. Rules adopted under this section may be no broader than necessary to implement 23 U.S.C. 131 and 23 CFR 750.

(f) In addition to the requirements of subsection (e), rules adopted under this section must provide the following:

(1) A list of all roadways subject to the permit requirement.

(2) A procedure to appeal adverse determinations of the department under IC 4-21.5, including provisions for judicial review under IC 4-21.5.

(3) The fees that may be charged by the department as follows:

(A) A one-time fee of one hundred dollars ($100) per structure that must accompany the permit application.

(B) A one-time fee of forty dollars ($40) per structure for transfer of a sign and permit to any subsequent transferee. The fee is due to be paid not later than one hundred eighty (180) days after the effective date of the transfer. If the transfer fee is not timely paid, the department may charge a late fee of not more than four hundred dollars ($400).

(C) A one-time fee of one hundred dollars ($100) per structure for each request for modification of a sign and an addendum to the permit issued by the department.

(D) A one-time fee of twenty-five dollars ($25) per structure, if needed to obtain any replacement permit tag. The fee is due to be paid not later than sixty (60) days after the date that notice is sent by the department that a replacement tag is needed. The department may charge a late fee of not more than four hundred dollars ($400) if:

(i) the fee is not timely paid; or

(ii) the replacement tag is not fastened to the sign within sixty (60) days after the replacement tag is received from the department.

(E) A late fee not to exceed four hundred dollars ($400) if written notice of the current mailing address and electronic mail address of the owner of the property on which the sign is located is not received by the department within:

(i) one hundred eighty (180) days of the sign owner's actual knowledge of any sale of an ownership interest in the property; or

(ii) one hundred twenty (120) days after the sign owner's actual knowledge of other changes to any property owner's current mailing address or electronic mail address.

(4) That a permit may not be issued for a sign erected in an adjacent area after January 1, 1968, unless:

(A) the sign is erected in an area described in section 5 of this chapter; or

(B) the permit is a conditional permit issued under subdivision (6).

(5) That a permit may not be issued for a sign erected after June 30, 1976, outside of urban areas, beyond six hundred sixty (660) feet of the right-of-way, visible from the traveled way, and erected with the purpose of a message being read from the traveled way, unless:

(A) the sign is erected in an area described in section 5 of this chapter; or

(B) the permit is a conditional permit issued under subdivision (6).

(6) For the issuance of a conditional permit for a nonconforming sign that has not been acquired under section 10 of this chapter. A conditional permit issued under this subdivision may be revoked if the department subsequently acquires the sign.

(7) That the department is granted the right to enter the real property on which a sign for which a permit under this section has been applied for or issued to perform reasonable examinations and surveys necessary to administer the permit system.

(8) The department may revoke any permit when it is found that the permittee has provided false or misleading information and that such a finding may be cause to subsequently refuse to issue a permit.

(9) Any other provisions necessary to:

(A) administer this section; or

(B) avoid sanctions under 23 U.S.C. 131.

(g) A sign that is subject to and complies with the registration system described in subsection (h) may not be declared unlawful until the later of the following:

(1) The department has made a determination of permit eligibility under this section.

(2) December 31, 1993.

(h) A separate application for registration must be submitted to the department for each structure defined in subsection (d) and must:

(1) be on a form furnished by the department;

(2) be signed by the applicant or an individual authorized in writing to sign for the applicant;

(3) provide information concerning the size, shape, and nature of the advertising sign, display, or device;

(4) provide the sign's actual location with sufficient accuracy to enable the department to locate the sign; and

(5) include a one-time registration fee of twenty-five dollars ($25).

(i) A sign that is not registered before January 1, 1994, is a public nuisance subject to section 26 of this chapter.

(j) Each registrant shall fasten to each advertising sign or device a label or marker provided by the department that must be plainly visible from the traveled way.

As added by P.L.112-1993, SEC.1. Amended by P.L.66-2007, SEC.4; P.L.222-2017, SEC.1.
Ind. Code § 8-21-10-5 — Indiana Code / Title 8 / Article 21 / Chapter 10 / Section 8-21-10-5
Failure to file permit application; order to show cause
Status: in_force

Sec. 5. In any instance where the department learns or has reasonable grounds to believe that any person is erecting or adding to a structure that would be subject to this chapter, but concerning which no application for a permit has been filed, the department may on its own motion issue an order to such person to appear before the department and show cause why an application for a permit to erect or add to the structure need not be obtained. A date for a hearing on the order shall be set out in such order.

As added by P.L.117-1983, SEC.1.
Ind. Code § 8-1-2-65 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-65
Record of commission proceedings and investigations
Status: in_force

Sec. 65. A record shall be kept of all proceedings had before the commission or its agent or any formal investigation had and all testimony shall be taken down by the court reporter appointed by the commission.

Formerly: Acts 1913, c.76, s.68. As amended by P.L.9-2025, SEC.6.
Ind. Code § 8-1-31-1 — Indiana Code / Title 8 / Article 1 / Chapter 31 / Section 8-1-31-1
Applicability of definitions
Status: in_force

Sec. 1. The definitions in IC 8-1-2-1 apply throughout this chapter.

As added by P.L.94-2000, SEC.1.
Ind. Code § 8-1-17.5-19 — Indiana Code / Title 8 / Article 1 / Chapter 17.5 / Section 8-1-17.5-19
Disposal of all of the corporation's property; authorization of members and directors required
Status: in_force

Sec. 19. A surviving corporation or successor corporation formed under this chapter may not sell, lease, exchange, mortgage, pledge, or otherwise sell all, or substantially all, of the surviving corporation's or successor corporation's property unless the transaction is authorized by a resolution adopted at a meeting of the surviving corporation's or successor corporation's members duly called and held as provided in section 14 of this chapter. Unless otherwise provided in the surviving corporation's or successor corporation's bylaws or articles of incorporation, the resolution must receive the affirmative vote of:

(1) at least a majority of the total number of the surviving corporation's or successor corporation's members who either:

(A) are present in person and voting at the meeting held under this section; or

(B) as authorized under section 14(e) of this chapter, cast a vote before the date of the meeting; and

(2) at least a majority of the corporation's directors who are present at a meeting of the board of directors called and held as provided in the surviving corporation's or successor corporation's bylaws or articles of incorporation.

As added by P.L.18-2010, SEC.1. Amended by P.L.42-2011, SEC.20; P.L.49-2018, SEC.11.
Ind. Code § 8-3-15-3 — Indiana Code / Title 8 / Article 3 / Chapter 15 / Section 8-3-15-3
Riding, driving, or walking on right-of-way or yard a misdemeanor; definitions; exceptions
Status: in_force

Sec. 3. (a) A person who rides, drives, or walks on or along the right-of-way or yard of a railroad company at a place other than a public crossing commits a Class B misdemeanor.

(b) "Right-of-way" means the track or roadbed owned or leased by a railroad which is located on either side of its tracks and which is readily recognizable to a reasonable person as being railroad property or is reasonably identified as such by fencing or appropriate signs.

(c) "Yard" means a system of parallel tracks, cross-overs, and switches where cars are switched and made up into trains, and where cars, locomotives, and other rolling stock are kept when not in use or awaiting repairs.

(d) This section does not apply to:

(1) passengers on trains or employees of a railroad company while engaged in the performance of their duties;

(2) picketing by railroad employees in the vicinity of entrances to railroad company property;

(3) an authorized representative of the railroad employees;

(4) a person going upon the right-of-way or into the yard to save human life or to protect property;

(5) a person being on the station grounds or in the depot of the railroad company as a passenger or for the purpose of transacting business;

(6) a person, or the person's family or employees going upon the right-of-way for the purpose of crossing from one (1) part to another part of a farm the person owns or leases, where the farm lies on both sides of the right-of-way;

(7) a person having written permission from the railroad company to go upon the right-of-way;

(8) representatives of the Indiana department of transportation;

(9) representatives of the federal Surface Transportation Board; or

(10) a professional surveyor or a professional surveyor's employees who are on the right-of-way or in the yard for the purpose of making land surveys.

As added by Acts 1977, P.L.26, SEC.2. Amended by Acts 1982, P.L.62, SEC.4; P.L.384-1987(ss), SEC.41; P.L.18-1990, SEC.49; P.L.259-1999, SEC.1; P.L.57-2013, SEC.9.
Ind. Code § 8-23-32-4 — Indiana Code / Title 8 / Article 23 / Chapter 32 / Section 8-23-32-4
"Owner"
Status: in_force

Sec. 4. As used in this chapter, "owner" means a person in whose name a motor vehicle is registered under any of the following:

(1) IC 9-18.1.

(2) The law of another state.

(3) The law of a foreign country.

(4) The International Registration Plan.

As added by P.L.120-2023, SEC.2.
Ind. Code § 8-10-1-5 — Indiana Code / Title 8 / Article 10 / Chapter 1 / Section 8-10-1-5
Ports and projects; cooperation with other entities; title to property
Status: in_force

Sec. 5. (a) The ports of Indiana may:

(1) prepare sketches, plans, and descriptive material relating to ports or projects, as in its discretion may seem feasible, to compile data and prepare literature as to the necessity or advisability thereof, and to do other acts and things it considers necessary to promote the ports or projects and deems to be in the public interest;

(2) carry on, in its discretion, negotiations and enter into agreements and contracts with the federal government or agencies of the federal government or an authority established under IC 36-7-23 for the building and construction of public ports including terminal facilities, to be located within Indiana, on Lake Michigan, the Ohio River, the Wabash River, or in waters adjacent to Indiana;

(3) locate and acquire suitable sites for ports or projects;

(4) construct, develop, maintain, and operate the same in cooperation with the federal government, any agency of the federal government, a corporation established under IC 36-7-23, or otherwise, in such a manner and on such terms as will, in the discretion of the ports of Indiana, best serve the commercial, industrial, and agricultural interests of the state;

(5) provide adequate port and terminal facilities to accommodate water, rail, truck, and airborne transportation; and

(6) provide a traffic exchange point for all forms of transportation, giving particular attention to the benefits which may accrue to the state and its citizens by the opening of the St. Lawrence Seaway and river transportation.

(b) The title to all property included in any port or project shall be taken in the name of, and shall be in, the state of Indiana.

Formerly: Acts 1961, c.11, s.5; Acts 1963, c.395, s.2; Acts 1965, c.224, s.3; Acts 1969, c.387, s.3; Acts 1971, P.L.88, SEC.3. As amended by P.L.346-1989(ss), SEC.5; P.L.224-2003, SEC.206 and P.L.271-2003, SEC.6; P.L.98-2008, SEC.14.
Ind. Code § 8-22-1-4.6 — Indiana Code / Title 8 / Article 22 / Chapter 1 / Section 8-22-1-4.6
"Aviation related purposes"
Status: in_force

Sec. 4.6. "Aviation related purposes" refers to the purposes described in section 4.5 of this chapter.

As added by P.L.116-1995, SEC.1.
Ind. Code § 8-1-2.7-1.2 — Indiana Code / Title 8 / Article 1 / Chapter 2.7 / Section 8-1-2.7-1.2
Repealed
Status: repealed

As added by P.L.82-1997, SEC.1. Repealed by P.L.159-1999, SEC.21.
Ind. Code § 8-1-31-5 — Indiana Code / Title 8 / Article 1 / Chapter 31 / Section 8-1-31-5
"Eligible infrastructure improvements"
Status: in_force

Sec. 5. As used in this chapter, "eligible infrastructure improvements" means projects that:

(1) are:

(A) new water or wastewater utility distribution or collection plant projects; or

(B) projects to relocate existing utility plant, including projects to relocate utility plant or equipment to accommodate the construction, reconstruction, or improvement of a highway, street, or road (as defined in IC 8-23-1.1-22), including projects under IC 8-25;

(2) do not increase revenues by connecting to new customers, even if the projects provide greater available capacity with respect to an eligible utility's distribution or collection plant; and

(3) either:

(A) for a public utility:

(i) are in service and used and useful; and

(ii) were not included in the public utility's rate base in its most recent general rate case; or

(B) for a municipally owned or not-for-profit utility:

(i) are or will be extensions or replacements of projects described in subdivision (1), as described in section 5.5(2)(B) or 5.5(3)(B) of this chapter, as applicable;

(ii) were not included on the utility's balance sheet as plant in service in the utility's most recent general rate case; and

(iii) are not infrastructure improvements that are being recovered or have been recovered through rates or another rate adjustment mechanism.

As added by P.L.94-2000, SEC.1. Amended by P.L.209-2014, SEC.6; P.L.212-2015, SEC.2; P.L.91-2017, SEC.6; P.L.61-2022, SEC.4; P.L.145-2026, SEC.30.
Ind. Code § 8-15.7-16-4 — Indiana Code / Title 8 / Article 15.7 / Chapter 16 / Section 8-15.7-16-4
"Officer"
Status: in_force

Sec. 4. As used in this chapter, "officer" refers only to either of the following:

(1) An individual listed as an officer of a corporation in the corporation's most recent annual report.

(2) An individual who is a successor to an individual described in subdivision (1).

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-16-2-12 — Indiana Code / Title 8 / Article 16 / Chapter 2 / Section 8-16-2-12
Toll gates and toll collectors' houses; toll collector's bond
Status: in_force

Sec. 12. The department shall erect upon, or adjacent to, any and every such bridge or its approaches, and within the territorial limits of the state of Indiana, all necessary and convenient toll-gates and toll-collectors' houses, and shall employ all necessary toll-collectors, who shall each, before entering upon the performance of his duties, execute his bond, payable to the state of Indiana, in the penal sum of one thousand dollars ($1,000), with surety to the approval of the department, and conditioned for the faithful performance of his duties as such toll-collector and that he will faithfully account for and pay over according to law all moneys that may come to his hands as such toll-collector. All tolls collected by said toll-collectors shall be deposited daily in some state depository designated by the department to the credit of the treasurer of state of the state of Indiana as a toll fund to be used and disbursed as provided for in this chapter.

Formerly: Acts 1927, c.10, s.12. As amended by Acts 1980, P.L.74, SEC.286.
Ind. Code § 8-23-7-32 — Indiana Code / Title 8 / Article 23 / Chapter 7 / Section 8-23-7-32
Preservation of abstracts of title, title insurance policies, and other title papers
Status: reserved

Sec. 32. All abstracts of title, policies of title insurance, and other title papers shall be kept and preserved permanently by the department.

As added by P.L.18-1990, SEC.216.
Ind. Code § 8-1-40-11 — Indiana Code / Title 8 / Article 1 / Chapter 40 / Section 8-1-40-11
Changes to net metering tariffs prohibited before July 1, 2047; expiration of net metering tariffs after June 30, 2022
Status: in_force

Sec. 11. (a) Except as provided in sections 12 and 21(b) of this chapter, before July 1, 2047:

(1) an electricity supplier may not seek to change the terms and conditions of the electricity supplier's net metering tariff; and

(2) the commission may not approve changes to an electricity supplier's net metering tariff.

(b) Except as provided in sections 13 and 14 of this chapter, after June 30, 2022:

(1) an electricity supplier may not make a net metering tariff available to customers; and

(2) the terms and conditions of a net metering tariff offered by an electricity supplier before July 1, 2022, expire and are unenforceable.

As added by P.L.264-2017, SEC.6.
Ind. Code § 8-2.1-19.1-3 — Indiana Code / Title 8 / Article 2.1 / Chapter 19.1 / Section 8-2.1-19.1-3
Permit requirements
Status: in_force

Sec. 3. The department shall issue a permit to a TNC that satisfies the following requirements:

(1) Establishes a zero tolerance policy for drug and alcohol use under section 6 of this chapter.

(2) Requires compliance with applicable vehicle requirements under section 7 of this chapter.

(3) Imposes motor vehicle insurance requirements that meet or exceed the requirements under section 8 of this chapter.

(4) Establishes fare guidelines under section 13 of this chapter.

(5) Establishes a privacy policy under section 14 of this chapter.

(6) Adopts nondiscrimination and accessibility policies under section 15 of this chapter.

(7) Establishes record maintenance guidelines under section 16 of this chapter.

As added by P.L.175-2015, SEC.10.
Ind. Code § 8-1-2-29 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-29
Public inspection of commission reports, files, and records; access of parties to relevant rate information
Status: in_force

Sec. 29. (a) All facts and information in the possession of the commission and all reports, records, files, books, accounts, papers, and memoranda of every nature whatsoever in its possession shall be open to inspection by the public at all reasonable times subject to IC 5-14-3.

(b) Nothing in this section shall be construed to limit the access of parties to rate and finance proceedings before the commission to information in the possession of another party that is relevant to the issues in the proceeding.

Formerly: Acts 1913, c.76, s.32. As amended by P.L.59-1984, SEC.17; P.L.88-1985, SEC.3; P.L.114-1987, SEC.1.
Ind. Code § 8-1-1.9-3 — Indiana Code / Title 8 / Article 1 / Chapter 1.9 / Section 8-1-1.9-3
"Water or wastewater utility"
Status: in_force

Sec. 3. As used in this chapter, "water or wastewater utility" means:

(1) a public utility that provides water service, wastewater service, or both water service and wastewater service to the public; or

(2) a municipally owned utility that provides water service to less than eight thousand (8,000) customers.

As added by P.L.126-2018, SEC.1. Amended by P.L.160-2020, SEC.1.
Ind. Code § 8-23-13-1 — Indiana Code / Title 8 / Article 23 / Chapter 13 / Section 8-23-13-1
Establishment and maintenance of records
Status: in_force

Sec. 1. The department shall establish and maintain complete inventory records of all durable office equipment, highway construction and maintenance equipment, motor vehicles, and all other items of personal property except office supplies under its control other than property excluded by section 2 of this chapter. The inventory shall be kept on a basis that will show the disposition of all obsolete, discarded, or traded equipment and will show at all times the status of all personal property owned by the department.

As added by P.L.18-1990, SEC.222.
Ind. Code § 8-8-8-3 — Indiana Code / Title 8 / Article 8 / Chapter 8 / Section 8-8-8-3
Investigations and enforcement
Status: in_force

Sec. 3. The Indiana department of transportation shall make the necessary investigations concerning compliance with this chapter, and shall cause to be filed by the proper enforcing agencies, affidavits for the enforcement of this chapter.

Formerly: Acts 1955, c.141, s.3. As amended by P.L.62-1984, SEC.123; P.L.384-1987(ss), SEC.85; P.L.18-1990, SEC.94.
Ind. Code § 8-22-1-6 — Indiana Code / Title 8 / Article 22 / Chapter 1 / Section 8-22-1-6
"Eligible entity"
Status: in_force

Sec. 6. "Eligible entity" means a county, city, town, or other municipal corporation or district that may acquire, establish, construct, maintain, improve, and operate airports.

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

As added by Acts 1980, P.L.8, SEC.73.
Ind. Code § 8-1-26.5-2 — Indiana Code / Title 8 / Article 1 / Chapter 26.5 / Section 8-1-26.5-2
"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.93-2018, SEC.1.
Ind. Code § 8-3-1.5-19 — Indiana Code / Title 8 / Article 3 / Chapter 1.5 / Section 8-3-1.5-19
Contracts to maintain or improve rail transportation service
Status: in_force

Sec. 19. The department may contract with any person, firm, corporation, agency, or governmental unit to provide, maintain, or improve rail transportation service on the rail properties acquired by the State under this chapter.

Formerly: Acts 1975, P.L.79, SEC.1. As amended by Acts 1980, P.L.74, SEC.58.
Ind. Code § 8-1-44-15 — Indiana Code / Title 8 / Article 1 / Chapter 44 / Section 8-1-44-15
Authority of United States Nuclear Regulatory Commission not affected
Status: in_force

Sec. 15. This chapter shall not be construed to affect the authority of the United States Nuclear Regulatory Commission.

As added by P.L.137-2025, SEC.1.
Ind. Code § 8-1-39-1.1 — Indiana Code / Title 8 / Article 1 / Chapter 39 / Section 8-1-39-1.1
"Advanced transmission technologies"
Status: in_force

Sec. 1.1. As used in this chapter, "advanced transmission technologies" means software or hardware technologies that increase the capacity, efficiency, reliability, or safety of an existing or new electric transmission facility, including:

(1) grid enhancing technologies, such as dynamic line rating, advanced power flow controllers, and topology optimization;

(2) advanced conductors; and

(3) other technologies designed to:

(A) reduce transmission congestion; or

(B) increase the capacity, efficiency, reliability, or safety of an existing or new electric transmission facility.

As added by P.L.10-2025, SEC.3.
Ind. Code § 8-23-1.1-35 — Indiana Code / Title 8 / Article 23 / Chapter 1.1 / Section 8-23-1.1-35
"Scrap metal processing facility"
Status: in_force

Sec. 35. "Scrap metal processing facility" means an establishment having facilities for processing iron, steel, or nonferrous metal and whose principal product is scrap iron, steel, or scrap for sale for remelting purposes only.

As added by P.L.145-2026, SEC.37.
Ind. Code § 8-15.7-2-1 — Indiana Code / Title 8 / Article 15.7 / Chapter 2 / Section 8-15.7-2-1
Application
Status: in_force

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

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-22-3-6.1 — Indiana Code / Title 8 / Article 22 / Chapter 3 / Section 8-22-3-6.1
Authority established under IC 8-22-3-1.1; appointment of board members; terms; vacancies; reappointment; impeachment
Status: in_force

Sec. 6.1. (a) Notwithstanding section 6 of this chapter, the board members of an authority established under section 1.1 of this chapter shall be appointed on or before June 15, 1985. The term of each member starts at noon on the day the authority is established, at which time the board members shall meet and organize as the board.

(b) Members of the board shall be appointed as follows: two (2) members for an initial term of one (1) year, two (2) members for an initial term of two (2) years, and two (2) members for an initial term of three (3) years. At the expiration of the respective terms, a member or members shall be appointed to fill the vacancies caused by the expiration. The members so appointed shall hold office for a term of four (4) years and until their successors are appointed and qualified.

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

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

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

As added by P.L.100-1985, SEC.3.
Ind. Code § 8-1-2-0.5 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-0.5
State policy to promote utility investment in infrastructure while protecting affordability of utility service
Status: in_force

Sec. 0.5. The general assembly declares that it is the continuing policy of the state, in cooperation with local governments and other concerned public and private organizations, to use all practicable means and measures, including financial and technical assistance, in a manner calculated to create and maintain conditions under which utilities plan for and invest in infrastructure necessary for operation and maintenance while protecting the affordability of utility services for present and future generations of Indiana citizens.

As added by P.L.104-2016, SEC.1.
Ind. Code § 8-4-1-0.5 — Indiana Code / Title 8 / Article 4 / Chapter 1 / Section 8-4-1-0.5
"Rail carrier"
Status: in_force

Sec. 0.5. As used in this chapter, "rail carrier" has the meaning set forth in 49 U.S.C. 10102(5).

As added by P.L.146-2017, SEC.3.
Ind. Code § 8-23-32-1 — Indiana Code / Title 8 / Article 23 / Chapter 32 / Section 8-23-32-1
Applicability of chapter
Status: in_force

Sec. 1. This chapter applies to a part of a road or bridge on the interstate system (as defined in IC 8-23-1.1-24) or a U.S. route.

As added by P.L.120-2023, SEC.2. Amended by P.L.145-2026, SEC.42.
Ind. Code § 8-14.5-2-5 — Indiana Code / Title 8 / Article 14.5 / Chapter 2 / Section 8-14.5-2-5
Construction
Status: in_force

Sec. 5. "Construction" means the construction, acquisition, reconstruction, improvement, and extension of a project.

As added by P.L.68-1988, SEC.12.
Ind. Code § 8-9-11-5 — Indiana Code / Title 8 / Article 9 / Chapter 11 / Section 8-9-11-5
Violation; Class C infraction
Status: in_force

Sec. 5. A person who violates this chapter commits a Class C infraction.

As added by P.L.128-2003, SEC.2.
Ind. Code § 8-1-32.4-13 — Indiana Code / Title 8 / Article 1 / Chapter 32.4 / Section 8-1-32.4-13
Relief from provider of last resort obligations; installation of facilities by another provider
Status: in_force

Sec. 13. (a) If the holder of a certificate of territorial authority to provide local exchange service installs facilities to provide telecommunications service, including local exchange service, in a defined geographic area and:

(1) the holder is not the designated provider of last resort for the area; and

(2) the designated provider of last resort for the area has not installed facilities to serve customers in the area;

the designated provider of last resort may petition the commission for an order relieving the designated provider of its obligations as the provider of last resort in the area.

(b) The commission shall relieve the petitioning provider from its obligations as the provider of last resort for the area described in subsection (a) and shall designate the holder making the installation under subsection (a) as the provider of last resort for the area if the commission determines that:

(1) the petitioning provider does not have facilities in place to provide local exchange service to all customers in the area; and

(2) the holder making the installation under subsection (a) has installed facilities adequate to provide local exchange service throughout the area.

The commission shall make the determinations required by this subsection not later than sixty (60) days after the date the petition is filed with the commission under subsection (a).

As added by P.L.27-2006, SEC.54.
Ind. Code § 8-16-3.5-4 — Indiana Code / Title 8 / Article 16 / Chapter 3.5 / Section 8-16-3.5-4
Option to purchase bridge
Status: in_force

Sec. 4. All contracts of lease may provide that a county has the option to purchase the bridge before the expiration of the lease contract, the terms and conditions of the purchase to be specified in the lease, subject to the approval of the department of local government finance. If the county has not exercised an option to purchase the property covered by the lease contract at the expiration of the lease contract, and upon the full discharge and performance by the county of its obligations under the lease contract, the bridge covered by the lease contract shall become the absolute property of the county and the lessor corporation shall execute proper instruments conveying to the county title to the property.

Formerly: Acts 1975, P.L.92, SEC.2. As amended by P.L.86-1988, SEC.26; P.L.90-2002, SEC.323.
Ind. Code § 8-1-26-15.5 — Indiana Code / Title 8 / Article 1 / Chapter 26 / Section 8-1-26-15.5
Repealed
Status: repealed

As added by P.L.114-2003, SEC.2. Repealed by P.L.62-2009, SEC.23.
Ind. Code § 8-4-21-2 — Indiana Code / Title 8 / Article 4 / Chapter 21 / Section 8-4-21-2
Dissenting shareholders; arbitration of claims
Status: in_force

Sec. 2. A stockholder who, at such meeting, votes against such sale and then, within ten (10) days thereafter, signifies, in writing, to the purchasing company that the stockholder desires to dispose of the stockholder's stock in the selling company shall be entitled to receive from such purchasing company the average market value of the stockholder's stock for the six (6) months next preceding the day of the meeting of the selling company at which the sale is approved, on the surrender of the stockholder's stock. If the purchasing company and the stockholder can not agree as to the value of the stock, the parties may submit the question to arbitration, to be conducted in accordance with the provision of law regulating arbitration, so far as applicable, by three (3) disinterested persons, to be appointed upon the motion of either of the parties by the judge of the circuit court, superior court, or probate court of the county in which the owner of the stock resides, or in case the owner of the stock is nonresident of the state or of any county through or into which the road passes, then any county in which the road so sold passes.

Formerly: Acts 1913, c.169, s.3. As amended by P.L.84-2016, SEC.39.
Ind. Code § 8-1-2.4-5 — Indiana Code / Title 8 / Article 1 / Chapter 2.4 / Section 8-1-2.4-5
Utilities excepted; grounds
Status: in_force

Sec. 5. (a) The commission may not require an electric utility or steam utility to purchase or wheel electricity or useful thermal energy from an alternate energy production facility or cogeneration facility unless the facility:

(1) has an electric generating capacity of not more than eighty (80) megawatts;

(2) produces electricity, gas, or useful thermal energy for industrial, commercial, or residential purposes; and

(3) is owned or operated by an individual, firm, copartnership, corporation, company, association, joint stock association, city, town, or county that:

(A) is not primarily engaged in the business of producing or selling electricity, gas, or useful thermal energy other than electricity, gas, or useful thermal energy sold solely from alternate energy production facilities, cogeneration facilities, or small hydro facilities; and

(B) does not sell electricity, gas, or useful thermal energy to residential users other than the tenants or the owner or operator of the facility.

(b) The commission may not require an electric utility or steam utility to purchase or wheel electricity or useful thermal energy from a small hydro facility unless the facility has an electric generating capacity of not more than eighty (80) megawatts.

As added by Acts 1982, P.L.72, SEC.1.
Ind. Code § 8-17-3-5 — Indiana Code / Title 8 / Article 17 / Chapter 3 / Section 8-17-3-5
Repealed
Status: repealed

Formerly: Acts 1933, c.27, s.5. As amended by P.L.86-1988, SEC.110. Repealed by P.L.252-1993, SEC.6.
Ind. Code § 8-17-4.1-2 — Indiana Code / Title 8 / Article 17 / Chapter 4.1 / Section 8-17-4.1-2
Records
Status: in_force

Sec. 2. The governing body of every county and municipality shall set up and maintain an adequate system of records as prescribed by the state board of accounts, for their departments having road and street responsibilities.

Formerly: Acts 1971, P.L.103, SEC.1. As amended by P.L.86-1988, SEC.116.
Ind. Code § 8-23-15-3 — Indiana Code / Title 8 / Article 23 / Chapter 15 / Section 8-23-15-3
Roads included in inventories
Status: in_force

Sec. 3. For the purpose of the inventory under this chapter, the department shall include in each county's total mileage those roads making up that county's southern and eastern boundaries. If a county is responsible for roads on a state line as the result of an interagency agreement, those roads shall be included in the inventory.

As added by P.L.18-1990, SEC.224.
Ind. Code § 8-8-9-1 — Indiana Code / Title 8 / Article 8 / Chapter 9 / Section 8-8-9-1
Equipment; requirements; violation
Status: in_force

Sec. 1. A person operating or controlling any railroad shall equip each of its track motor cars with:

(1) a windshield and a device for cleaning rain, snow, and other moisture from the windshield, which device shall be maintained in good order and so constructed as to be controlled or operated by the operator of the track motor car; and

(2) a canopy or top of such construction as to adequately protect the occupants from the rain, snow, or other inclement weather.

It is a Class C infraction for such a person to operate or use any track motor car not equipped with a windshield and canopy or top as required in this section. Each day of operation or use in violation of this section constitutes a separate offense.

Formerly: Acts 1959, c.35, s.1. As amended by Acts 1978, P.L.2, SEC.831.
Ind. Code § 8-23-9.5-22 — Indiana Code / Title 8 / Article 23 / Chapter 9.5 / Section 8-23-9.5-22
Cost estimates; mutually acceptable contract terms
Status: in_force

Sec. 22. (a) The department and a CMGC or PDB selected under section 18 of this chapter shall independently perform estimates of the cost of construction services.

(b) The department and the CMGC or PDB shall endeavor to negotiate mutually acceptable contract terms for construction services.

(c) If the department is unable to negotiate mutually acceptable contract terms as described in subsection (b), the department may:

(1) advertise the proposal for the project;

(2) accept additional bids; and

(3) award a contract for construction services;

in accordance with IC 8-23-9 and IC 8-23-10.

As added by P.L.60-2023, SEC.2.
Ind. Code § 8-14-11-14 — Indiana Code / Title 8 / Article 14 / Chapter 11 / Section 8-14-11-14
Evaluation of grant application; approval; notice
Status: in_force

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

Sec. 14. The board shall use the criteria established under section 11 of this chapter and the report submitted under section 13 of this chapter to evaluate an application for a grant from the fund. The board shall notify a county that makes a grant application of the board's approval or disapproval of the application within sixty (60) days of the date of the application. The board's decision to approve or disapprove a grant application is final.

As added by P.L.117-1989, SEC.1.
Ind. Code § 8-2-15-1 — Indiana Code / Title 8 / Article 2 / Chapter 15 / Section 8-2-15-1
License; application; duration
Status: in_force

Sec. 1. No person, company or corporation shall be permitted to keep, have or maintain any public ferry across any stream running through or bounding on any county in this state, to and from any points without the limits of this state, without first having obtained a license from the board of commissioners of the proper county for that purpose. Such license shall continue in force for five (5) years, and application therefor must be in writing.

Formerly: Acts 1881(ss), c.52, s.1; Acts 1911, c.126, s.1.
Ind. Code § 8-20-1-38 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-38
Repealed
Status: repealed

Formerly: Acts 1905, c.167, s.48. As amended by P.L.86-1988, SEC.190. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-23-2-5 — Indiana Code / Title 8 / Article 23 / Chapter 2 / Section 8-23-2-5
Department duties
Status: in_force

Sec. 5. (a) The department, through the commissioner or the commissioner's designee, shall:

(1) develop, continuously update, and implement:

(A) long range comprehensive transportation plans;

(B) work programs; and

(C) budgets;

to assure the orderly development and maintenance of an efficient statewide system of transportation;

(2) implement the policies, plans, and work programs adopted by the department;

(3) organize by creating, merging, or abolishing divisions;

(4) evaluate and utilize whenever possible improved transportation facility maintenance and construction techniques;

(5) carry out public transportation responsibilities, including:

(A) developing and recommending public transportation policies, plans, and work programs;

(B) providing technical assistance and guidance in the area of public transportation to political subdivisions with public transportation responsibilities;

(C) developing work programs for the utilization of federal mass transportation funds;

(D) furnishing data from surveys, plans, specifications, and estimates required to qualify a state agency or political subdivision for federal mass transportation funds;

(E) conducting or participating in any public hearings to qualify urbanized areas for an allocation of federal mass transportation funding;

(F) serving, upon designation of the governor, as the state agency to receive and disburse any state or federal mass transportation funds that are not directly allocated to an urbanized area;

(G) entering into agreements with other states, regional agencies created in other states, and municipalities in other states for the purpose of improving public transportation service to the citizens; and

(H) developing and including in its own proposed transportation plan a specialized transportation services plan for the elderly and persons with disabilities;

(6) provide technical assistance to units of local government with road and street responsibilities;

(7) develop, undertake, and administer the program of research and extension required under IC 8-17-7;

(8) allow public testimony in accordance with section 17 of this chapter whenever the department holds a public hearing (as defined in section 17 of this chapter); and

(9) subject to section 6.5 of this chapter, adopt rules under IC 4-22-2 to reasonably and cost effectively manage the right-of-way of the state highway system by establishing a formal procedure for highway improvement projects that involve the relocation of utility facilities by providing for an exchange of information among the department, utilities, and the department's highway construction contractors.

(b) Rules adopted under subsection (a)(9):

(1) shall not unreasonably affect the cost, or impair the safety or reliability, of a utility service; and

(2) must require a utility to provide information concerning all authorized representatives of the utility for purposes of highway improvement projects and improvement projects undertaken by local units of government.

(c) A civil action may be prosecuted by or against the department, a department highway construction contractor, or a utility to recover costs and expenses directly resulting from willful violation of the rules. Nothing in this section or in subsection (a)(9) shall be construed as granting authority to the department to adopt rules establishing fines, assessments, or other penalties for or against utilities or the department's highway construction contractors.

(d) Based on information provided by utilities under rules described in subsection (b)(2), the department shall establish and publish on the department's website a searchable data base of authorized representatives of utilities for purposes of improvement projects that involve the relocation of utility facilities. A utility that provides information described in subsection (b)(2) shall:

(1) update the information provided to the department on an annual basis; and

(2) notify the department of any change in the information not more than thirty (30) days after the change occurs.

(e) Not later than November 1 of each year, the department, through the commissioner or the commissioner's designee, shall prepare for the interim study committee on roads and transportation a report that includes updates on any information requested by the study committee to aid in the study of the study committee's assigned topics. The report must be submitted in an electronic format under IC 5-14-6.

As added by P.L.112-1989, SEC.5. Amended by P.L.18-1990, SEC.207; P.L.23-1993, SEC.20; P.L.52-1995, SEC.2; P.L.35-2005, SEC.1; P.L.5-2012, SEC.1; P.L.16-2014, SEC.3; P.L.53-2014, SEC.85; P.L.121-2021, SEC.5; P.L.49-2024, SEC.5.
Ind. Code § 8-1-28-16 — Indiana Code / Title 8 / Article 1 / Chapter 28 / Section 8-1-28-16
Ongoing review of cost and implementation of plan; progress report; recovery of costs; final approval by commission
Status: in_force

Sec. 16. (a) In addition to the review of the continued appropriateness of an environmental compliance plan under section 15 of this chapter, the commission shall, at the request of a public utility, conduct an ongoing review of the cost and implementation of the public utility's approved environmental compliance plan. The public utility shall submit to the commission:

(1) each year; or

(2) at other times the commission and the public utility agree on;

a progress report that includes any information the commission may require.

(b) If the commission approves the cost and implementation of the part of the environmental compliance plan under review, then, absent fraud, concealment, or gross mismanagement, the approval forecloses subsequent challenges to:

(1) the recovery in rates of those costs; and

(2) if the public utility is allowed by law to earn a return on the public utility's investment, the addition to the fair value of the public utility's property of the fair value of a completed capital project, or portion of a capital project, that:

(A) is constructed and consists of:

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

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

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

up to the amount approved under section 7(2) or 12 of this chapter, whichever is applicable. The public utility may not recover costs in excess of the cost estimate approved by the commission under section 7(2) or 12 of this chapter, whichever is applicable, unless the commission finds that the additional costs were necessary and prudent.

(c) If the commission does not issue an order disapproving all or part of the implementation of the part of the environmental compliance plan under review within six (6) months of the commencement of the action seeking the commission's approval, the commission shall be considered to have approved all of the implementation of that part of the environmental compliance plan unless the commission issues an order extending the time for such review.

As added by P.L.76-1991, SEC.2.
Ind. Code § 8-20-1-23 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-23
Repealed
Status: repealed

Formerly: Acts 1905, c.167, s.31; Acts 1909, c.29, s.1. As amended by P.L.86-1988, SEC.177. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-14-9-3 — Indiana Code / Title 8 / Article 14 / Chapter 9 / Section 8-14-9-3
Board; establishment; taxing district
Status: in_force

Sec. 3. The county council of a qualified county may establish a local county road and bridge board to be known as the Local County Road and Bridge Board of ___________ (insert the name of the qualified county) and a special taxing district to be known as the Local County Road and Bridge District of ___________ (insert the name of the qualified county). The territory which is within the boundaries of a qualified county constitutes the territory of a special taxing district established by the county council of that qualified county under this chapter.

As added by Acts 1981, P.L.88, SEC.13.
Ind. Code § 8-1-45-6 — Indiana Code / Title 8 / Article 1 / Chapter 45 / Section 8-1-45-6
"PJM"
Status: in_force

Sec. 6. As used in this chapter, "PJM" refers to the regional transmission organization known as PJM Interconnection, LLC.

As added by P.L.49-2025, SEC.1.
Ind. Code § 8-1-8.5-3.5 — Indiana Code / Title 8 / Article 1 / Chapter 8.5 / Section 8-1-8.5-3.5
Forecasting group
Status: in_force

Sec. 3.5. (a) To arrive at estimates of the probable future growth of the use of electricity required by section 3(b)(1) of this chapter, the commission shall establish a permanent forecasting group to be located at a state supported college or university within Indiana. The commission shall financially support the group, which shall consist of a director and such staff as mutually agreed upon by the commission and college or university, from funds appropriated to the commission.

(b) The forecasting group shall develop and keep current a methodology for forecasting the probable future growth of the use of electricity within Indiana and within this region of the nation. To do this, the group shall solicit the input of residential, commercial, and industrial consumers and the electric industry.

(c) The commission shall use the methodology that the forecasting group devises as the commission's primary methodology in developing and keeping current the commission's:

(1) analysis of the long range needs for expansion of facilities for the generation of electricity required by section 3(a) of this chapter; and

(2) plan for meeting the future requirements of electricity required by sections 3(e), 3(f), and 3(g) of this chapter.

As added by P.L.88-1985, SEC.8. Amended by P.L.53-1992, SEC.3.
Ind. Code § 8-23-10-2 — Indiana Code / Title 8 / Article 23 / Chapter 10 / Section 8-23-10-2
Qualification applications; investigation; certificates of qualification; revocation of certificates
Status: in_force

Sec. 2. (a) A bidder desiring to submit to the department a bid for the performance of a contract the department proposes to let must apply to the department for qualification and must use for that purpose the forms prescribed and furnished by the department. All applications must be verified by the applicant.

(b) The department shall act within thirty (30) days upon an application for qualification. Upon the receipt of an application for qualification, the department shall examine and may investigate the application and shall determine whether the applicant is competent and responsible and possesses the financial resources that satisfy this chapter.

(c) If the applicant is found to possess the qualifications prescribed by this chapter and by the rules adopted by the department, the department shall issue a certificate of qualification, which shall be valid for the period of twenty-four (24) months, or a shorter period of time that the department prescribes, unless revoked by the department for cause. The certificate of qualification must contain a statement fixing the aggregate amount of uncompleted work that the applicant will be permitted to have at any time under a contract with the department and may also, in the discretion of the department, contain a statement limiting a bidder to the submission of bids upon a certain class or classes of work. Subject to any restrictions as to amount or class of work, the certificate of qualification authorizes its holder to bid on all work on which bids are taken by the department during the period of time specified.

(d) A certificate of qualification may be revoked by the department only after notice to the qualified bidder and an opportunity to be heard. The notice must be in writing and must state the grounds of the proposed revocation.

As added by P.L.18-1990, SEC.219. Amended by P.L.14-2019, SEC.2.
Ind. Code § 8-9-1-5 — Indiana Code / Title 8 / Article 9 / Chapter 1 / Section 8-9-1-5
Repealed
Status: repealed

Formerly: Acts 1907, c.272, s.5. Repealed by Acts 1975, P.L.28, SEC.1.
Ind. Code § 8-19-4-1 — Indiana Code / Title 8 / Article 19 / Chapter 4 / Section 8-19-4-1
Employment of engineer; plans and specifications
Status: in_force

Sec. 1. One (1) or more taxpayers of any county, may petition the executive of the county for permission (at the petitioner's own expense) to improve, by grading, draining, and paving with road paving material, any unimproved public highway in the county. If the executive determines that it will be of public utility to the county to improve the highway, the executive shall employ a competent engineer, to be paid by the petitioner to survey and mark the boundaries of the highway, prepare plans, and specifications (in accordance with requirements of the county) for the improvement of the highway, and to file the survey, plans, and specifications with the executive for examination and approval.

Formerly: Acts 1937, c.183, s.1. As amended by P.L.86-1988, SEC.161.
Ind. Code § 8-15-3-21 — Indiana Code / Title 8 / Article 15 / Chapter 3 / Section 8-15-3-21
Acceptance of gifts, bequests, loans, or revenue sharing
Status: in_force

Sec. 21. The department may accept gifts, devises, bequests, grants, loans, appropriations, revenue sharing, and any other financing and assistance from any source and agree to and comply with conditions attached to it. Subject to the conditions agreed to by the department, the department may distribute any gifts, devises, bequests, grants, loans, appropriations, revenue sharing, and any other financing and assistance received under this section to an operator, as set forth in a public-private agreement.

As added by P.L.386-1987(ss), SEC.13. Amended by P.L.47-2006, SEC.30.
Ind. Code § 8-1.5-5-27 — Indiana Code / Title 8 / Article 1.5 / Chapter 5 / Section 8-1.5-5-27
Maintenance of private property by the department
Status: in_force

Sec. 27. If the department:

(1) uses private property for storm water collection or disposal; and

(2) obtains the consent of the owner of the private property to maintain the private property;

the department shall maintain the private property.

As added by P.L.282-2003, SEC.19.
Ind. Code § 8-21-1-2 — Indiana Code / Title 8 / Article 21 / Chapter 1 / Section 8-21-1-2
Purpose
Status: in_force

Sec. 2. It is hereby declared that the purpose of this chapter is to further the public interest and aeronautical progress by providing for the protection and increase of safety in aeronautics; by cooperating in effecting a uniformity of the laws relating to the development and regulation of aeronautics in the several states; by revising existing statutes relative to the development and regulation of aeronautics so as to grant to a state agency such powers and impose upon it such duties that the state may properly perform its functions relative to aeronautics and effectively exercise its jurisdiction over persons and property within such jurisdiction, may assist in the building of a statewise system of airports, may cooperate with and assist the political subdivisions of this state and others engaged in aeronautics, and may encourage and develop aeronautics; by establishing uniform regulations, consistent with federal regulations and those of other states, in order that those engaged in aeronautics of every character may so engage with the least possible restriction, consistent with the safety and the rights of others; and by providing for cooperation with the federal authorities in the development of a national system of civil aviation and for coordination of the aeronautical activities of those authorities and the authorities of this state, by assisting in accomplishing the purposes of federal legislation and eliminating costly and unnecessary duplication of functions properly in the province of federal agencies.

Formerly: Acts 1945, c.360, s.2; Acts 1975, P.L.93, SEC.2.
Ind. Code § 8-1-34-10 — Indiana Code / Title 8 / Article 1 / Chapter 34 / Section 8-1-34-10
"Person"
Status: in_force

Sec. 10. As used in this chapter, "person" means an individual, a corporation, a partnership, a limited liability company, an association, or another entity organized under the laws of any state.

As added by P.L.27-2006, SEC.58.
Ind. Code § 8-20-1-46 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-46
Repealed
Status: repealed

Formerly: Acts 1905, c.167, s.56. As amended by P.L.66-1984, SEC.121; P.L.86-1988, SEC.197. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-22-1-10 — Indiana Code / Title 8 / Article 22 / Chapter 1 / Section 8-22-1-10
"Landing area"
Status: in_force

Sec. 10. "Landing area" is that part of an airport or landing field designated and used for the landing or taking off of aircraft.

[Pre-Local Government Recodification Citations: 19-6-1-1 part; 19-6-3-1 part; 19-6-4-2 part; 19-6-6-1 part.]

As added by Acts 1980, P.L.8, SEC.73.
Ind. Code § 8-22-3-14 — Indiana Code / Title 8 / Article 22 / Chapter 3 / Section 8-22-3-14
Establishment of restricted zones; eminent domain; zoning jurisdiction
Status: in_force

Sec. 14. (a) In order to provide free air space for the safe descent and ascent of aircraft and for the proper and safe use of an airport or landing field acquired or maintained under this chapter, the board may establish by ordinance or ordinances a restricted zone or zones of a distance in any direction from the boundaries of the airport or landing field so that no building or other structure is erected high enough to interfere with the descent of an aircraft at an approach angle necessary for safety for the usual type of operation that is conducted at the airport or landing field. If the authority was established under IC 19-6-3 (before its repeal on April 1, 1980), this action is subject to approval by the fiscal body of any eligible entity within or coterminous with the boundaries of the district.

(b) The board may acquire by condemnation or purchase, upon the payment of due compensation, the right to prevent the erection of, and to require the removal of, all buildings, towers, poles, wires, cables, other structures, and trees within the zone or zones that interfere with the gliding angle or as much of any structure or trees that interfere with the gliding angles. When a restricted zone or zones has been established, a permit issued by a department or office of an eligible entity or by any state or other authority for the erection of any structure extending into such zone or zones is effective only if approved by the board. Establishment of a restricted zone or zones outside of an airport or landing field, in connection with the condemnation of the rights in the land, constitutes condemnation and the perpetual annihilation of all rights of the owners of the property within the zone or zones to erect or maintain any building or structure that will interfere with the gliding angle. This result may be accomplished by absolute condemnation of the land, with perpetual and irrevocable free license to use and occupy the land within the zone for all purposes except the erection of buildings or other structures above the height so prescribed.

(c) The part of a restricted zone that extends below fifty (50) feet measured vertically from the land may be established only by purchase or proceedings in eminent domain. That part of a restricted zone that is fifty (50) or more feet above the surface of the land is in effect immediately upon the adoption of a zoning ordinance. However, the owners of land beneath a restricted zone have the right to recover damages that may be proven in an action brought for that purpose. In an action for damages the owner has the burden of proving damage by reason of the establishment of the restricted zone.

(d) The zoning jurisdiction granted in this section is exclusive against jurisdiction granted by any other statute unless the other statute specifically provides otherwise. In case of conflict with any airport zoning or other regulations promulgated by an eligible entity, the regulations adopted under this section prevail.

(e) All airport zoning regulations adopted under this chapter must be reasonable and may not impose a requirement or restriction that is not reasonably necessary to effectuate the purposes of this chapter. In determining what regulations to adopt, the board shall consider, among other things, the character of the flying operations expected to be conducted at the airport, the nature of the terrain within the airport hazard area, the character of the neighborhood, and the uses to which the property to be zoned is put and adaptable. However, this section does not apply to the location, relocation, erection, construction, change, alteration, maintenance, removal, use, or enlargement of any buildings or structures on lands owned by a public utility or railroad.

[Pre-Local Government Recodification Citations: 19-6-2-16; 19-6-3-19; 19-6-3.5-18.]

As added by Acts 1980, P.L.8, SEC.73. Amended by Acts 1980, P.L.79, SEC.2; P.L.3-1990, SEC.41.
Ind. Code § 8-4.5-1-3 — Indiana Code / Title 8 / Article 4.5 / Chapter 1 / Section 8-4.5-1-3
Repealed
Status: repealed

As added by P.L.40-1995, SEC.3. Repealed by P.L.113-2010, SEC.170.
Ind. Code § 8-15-3-35 — Indiana Code / Title 8 / Article 15 / Chapter 3 / Section 8-15-3-35
Exercise of certain powers by authority or operator
Status: in_force

Sec. 35. (a) If a public-private agreement is entered into under IC 8-15.7 with respect to a project, the department may authorize:

(1) the authority to exercise all or a part of the powers of the department under this chapter necessary or desirable to accomplish the purposes of this chapter or IC 8-15.7; and

(2) the operator under the public-private agreement to exercise all or a part of the powers of the department under sections 9, 16, 29, and 30 of this chapter under the public-private agreement.

(b) The department may authorize the authority to exercise all or a part of the powers of the department under this chapter necessary or desirable to accomplish the purposes of this chapter.

As added by P.L.47-2006, SEC.38.
Ind. Code § 8-23-7-29 — Indiana Code / Title 8 / Article 23 / Chapter 7 / Section 8-23-7-29
Priority of actions
Status: in_force

Sec. 29. Court proceedings to acquire real property, rights, or easements under this chapter take precedence over all cases not involving the public interest in all courts.

As added by P.L.18-1990, SEC.216.
Ind. Code § 8-1-17.5-2 — Indiana Code / Title 8 / Article 1 / Chapter 17.5 / Section 8-1-17.5-2
"Communications service"
Status: in_force

Sec. 2. As used in this chapter, "communications service" has the meaning set forth in IC 8-1-32.5-3.

As added by P.L.18-2010, SEC.1.
Ind. Code § 8-4-29-1 — Indiana Code / Title 8 / Article 4 / Chapter 29 / Section 8-4-29-1
Complaint or petition; order of department
Status: in_force

Sec. 1. If, after hearing on a complaint or petition filed with the Indiana department of transportation, the department determines that a party complainant is entitled to an award of damages for the violation of the laws of this state prescribing the duties and powers of the department, the department shall make an order directing the carrier to pay to the complainant the sum to which the complainant is entitled, on or before a day named, and stating the sum. No order shall be made if the carrier has made reparation to the complainant for the injury alleged to have been done. In connection with damages or reparation sought for the assessment and collection by a railroad of unreasonable or otherwise improper charges for the transportation of property within Indiana, if the facts material to the question are set forth in written verified statements by the parties involved and the facts are not in controversy, the department, after investigation and in its discretion, may waive hearing and dispose of the case by order, as provided in this chapter.

Formerly: Acts 1913, c.273, s.1; Acts 1955, c.176, s.1. As amended by P.L.384-1987(ss), SEC.50; P.L.18-1990, SEC.58.
Ind. Code § 8-1-28-18 — Indiana Code / Title 8 / Article 1 / Chapter 28 / Section 8-1-28-18
General rate proceedings; consideration of change in risk to utility following approval of plan
Status: in_force

Sec. 18. In a general rate proceeding following the issuance of an order by the commission approving an environmental compliance plan under this chapter, the commission shall, in reviewing and authorizing the public utility's return, give due consideration to any change in risk to the public utility as a result of the commission's approval of the environmental compliance plan and include in the order issued with respect to the general rate proceeding a finding on the change.

As added by P.L.76-1991, SEC.2.
Ind. Code § 8-25-1-7 — Indiana Code / Title 8 / Article 25 / Chapter 1 / Section 8-25-1-7
"Public transportation agency"
Status: in_force

Sec. 7. "Public transportation agency" has the meaning set forth in IC 36-9-1-5.5.

As added by P.L.153-2014, SEC.17.
Ind. Code § 8-1-7.9-5 — Indiana Code / Title 8 / Article 1 / Chapter 7.9 / Section 8-1-7.9-5
"Construction and operating costs"
Status: in_force

Sec. 5. (a) As used in this chapter, "construction and operating costs" means costs:

(1) incurred or to be incurred by an energy utility under this chapter after the issuance of an order by the commission under this chapter; and

(2) related to an approved or commission modified acquisition or project.

(b) The term includes procurement, contractual, construction, operating, maintenance, financing, legal, regulatory, and project evaluation, analysis, and development costs incurred after the issuance of an order by the commission under this chapter.

As added by P.L.217-2025, SEC.2.
Ind. Code § 8-16-1-28 — Indiana Code / Title 8 / Article 16 / Chapter 1 / Section 8-16-1-28
Matthew E. Welsh Toll Bridge at Mauckport
Status: in_force

Sec. 28. (a) This section applies to the Matthew E. Welsh Toll Bridge at Mauckport.

(b) This subsection applies notwithstanding sections 16, 17.1, and 19 of this chapter. On July 1, 1992, without a deed of conveyance, the bridge becomes the property of the state, toll free, and a part of the state highway system.

(c) The department shall negotiate with Kentucky for the purpose of making an agreement for the maintenance of the bridge.

(d) The agreement described in this section must include the terms of the agreement set forth in the NINETEENTH provision of the interstate agreement entitled "AGREEMENT FOR CONSTRUCTION OF BRIDGES OVER THE OHIO RIVER IN THE MAUCKPORT, INDIANA-BRANDENBURG, KENTUCKY AREA AND THE CANNELTON, INDIANA-HAWESVILLE, KENTUCKY AREA AND APPROACHES THERETO" (approved August 8, 1963), to the effect that when one (1) or both of the bridges described in the agreement become toll free, the cost of the program described in subsection (c) shall be borne fifty percent (50%) by the Commonwealth of Kentucky and fifty percent (50%) by the state of Indiana.

(e) The agreement described in this section must provide that the bridge shall be maintained through a program to preserve, repair, and restore the bridge with its elements to its original designed or accepted standard, and to offset the effects of weather, organic growth, deterioration (aging, material failure, design and construction faults), traffic wear, damage, and vandalism. The bridge's elements include such items as travelway surfaces, shoulders, roadsides, drainage, drainage facilities, signs, markings, lighting, and fixtures. The maintenance program must include bridge inspection, snow and ice removal, cleaning, painting, repairing, and replacement of rails, floors, stringers, and beams.

(f) Notwithstanding subsection (b), after June 30, 1992, and until Indiana and Kentucky make an agreement as described in this section, the bridge is not toll free and the rates in effect on June 30, 1992, continue to be in effect.

As added by P.L.386-1987(ss), SEC.19. Amended by P.L.18-1990, SEC.149.
Ind. Code § 8-1-34-2 — Indiana Code / Title 8 / Article 1 / Chapter 34 / Section 8-1-34-2
"Certificate"
Status: in_force

Sec. 2. As used in this chapter, "certificate" refers to a certificate of franchise authority issued by the commission under section 17 of this chapter.

As added by P.L.27-2006, SEC.58.
Ind. Code § 8-5-15-5 — Indiana Code / Title 8 / Article 5 / Chapter 15 / Section 8-5-15-5
Powers of board; dissolution of district
Status: in_force

Sec. 5. (a) The board has all powers reasonably necessary to carry out the purpose of this chapter including the following powers:

(1) To receive federal, state, county, and municipal funds, or private contributions and disburse them for the purpose of aiding commuter transportation systems serving the district.

(2) To monitor and evaluate the use of funds granted or distributed by the district.

(3) To apply for federal, state, municipal, or county funds for the purpose of rendering assistance to commuter transportation systems.

(4) To coordinate its plans and activities with:

(A) any public transportation authority serving one (1) or more counties that are served by the system and through which the system passes;

(B) the Indiana department of transportation;

(C) regional planning commissions serving any portion of the district;

(D) units of county and municipal government included in the district; and

(E) any regional transportation authority, transit authority, or like governmental unit in another state if the commuter transportation system crosses the boundary of the state or serves another.

(5) To purchase, lease, or lease with option to purchase capital equipment in aid of any system of commuter transportation operating in the district, and lease the equipment to the system under conditions and for a term to be determined by the board.

(6) As a municipal corporation, to sue and be sued.

(7) To conduct public hearings to accomplish the purpose of this chapter.

(8) To seek and accept the assistance of any public or publicly funded agency in carrying out its functions and duties.

(9) To enter into agreements with either private or public agencies for any purpose required to accomplish the intent of this chapter. The board may enter into a trust indenture or any other agreement with the board for depositories in order to obtain a loan or a loan guarantee under IC 5-13-12-11.

(10) To set levels of service and rates notwithstanding IC 8-3-1, for transportation of passengers subject to section 7 of this chapter.

(11) To expend funds granted to the district from any source for the purpose of paying reasonable administrative expenses.

(12) To purchase, acquire, lease, or lease with option to purchase all or any part of the assets of a railroad that is providing commuter transportation services within the district and to purchase or acquire all or any part of the issued and outstanding stock of a railroad that is providing commuter transportation services within the district.

(13) To own all or any part of the capital stock or assets of a railroad that is providing commuter transportation services within the district, and to operate either directly, by management contract, or by lease any such railroad.

(14) Subject to section 5.3 of this chapter, to issue revenue bonds of the district payable solely from revenues for the purpose of paying all or any part of the cost of acquiring the capital stock of a railroad company, all or any part of the assets of a railroad, or any property, real or personal, for the purposes of this chapter.

(15) To acquire, lease, construct, maintain, repair, police, and operate a railroad and to establish rules for the use of the railroad and other properties subject to the jurisdiction and control of the board.

(16) To acquire and dispose of real and personal property in the exercise of its powers and the performance of its duties under this chapter.

(17) To lease to others for development or operation all or any part of a railroad on such terms and conditions as the board considers advisable.

(18) To make and enter into all contracts, undertakings, and agreements necessary or incidental to the performance of its duties and the execution of its powers under this chapter.

(19) To employ, subject to sections 18 and 19 of this chapter, an executive director or manager, consulting engineers, superintendents, and such other engineers, construction and accounting experts, attorneys, and other employees and agents as may be necessary in its judgment, and to fix their compensation.

(20) To negotiate and enter into agreements for railroad trackage rights regardless of the location of the track.

(21) To authorize the Indiana department of transportation to exercise all or a part of the powers of the board under this chapter or IC 5-1.3 that are necessary or desirable to accomplish the purposes of this chapter or IC 5-1.3, subject, in each case, to the agreement of the Indiana department of transportation.

(22) To do all other acts necessary or reasonably incident to carrying out the purpose of this chapter.

(b) Notwithstanding the powers granted to the board in subsection (a), the district does not have the power to levy taxes.

(c) In the event the board of trustees determines that the commuter transportation system or the railroad owned by the district cannot continue to provide adequate transportation service, or the district is terminated, the board may, subject to the conditions of any state or federal grant used to purchase equipment or property, dispose of any properties of the district.

(d) In the event the district is dissolved, ninety percent (90%) of the proceeds shall be paid to the state and ten percent (10%) to the counties in proportion to their contributions.

(e) In the exercise of any of the powers granted to the board in subsection (a), the board is not subject to any other laws related to commuter transportation systems or railroads.

[Pre-Local Government Recodification Citation: 19-5-2.6-6.]

As added by Acts 1980, P.L.8, SEC.68. Amended by Acts 1981, P.L.67, SEC.6; P.L.12-1983, SEC.19; P.L.64-1984, SEC.3; P.L.48-1986, SEC.2; P.L.19-1987, SEC.22; P.L.385-1987(ss), SEC.5; P.L.18-1990, SEC.63; P.L.108-2019, SEC.150; P.L.68-2025, SEC.191.
Ind. Code § 8-14.5-6-17 — Indiana Code / Title 8 / Article 14.5 / Chapter 6 / Section 8-14.5-6-17
Credit enhancement or liquidity support agreements
Status: in_force

Sec. 17. The authority may enter into agreements with an entity to provide credit enhancement or liquidity support for any bonds or notes issued by the authority, or for any debt service reserves securing any bonds or notes, with terms that are reasonable and proper, in the discretion of the authority, and not in violation of law. The authority may execute and deliver notes to evidence its obligation to make payments under such an agreement, but these notes must conform to the provisions of this article in all respects.

As added by P.L.68-1988, SEC.12.
Ind. Code § 8-14-9-10 — Indiana Code / Title 8 / Article 14 / Chapter 9 / Section 8-14-9-10
Bonds; issuance; limitations; approval
Status: in_force

Sec. 10. (a) Subject to the limitations imposed by this section, the local county road and bridge board may issue bonds in the name of the qualified county for the benefit of the local county road and bridge district. The bonds shall be issued for the purpose of raising money to acquire lands or rights-of-way, and to pay for any capital improvement, necessary for the construction, reconstruction, or operation of roads or bridges, or both, within the district. The local county road and bridge board may appropriate the proceeds of the bonds.

(b) The amount of bonds to be issued may not exceed the estimated cost of:

(1) all lands and rights-of-way to be acquired;

(2) capital improvements;

(3) supervision and inspection fees during the period of construction or reconstruction;

(4) programming, planning, and designing the capital improvements; and

(5) all necessary expenses, including publication of notices, engineering fees, architectural fees, and legal fees, incurred in acquiring property, letting contracts, and selling bonds for the project.

The amount of bonds issued for the project may not exceed the estimated cost determined under section 5(b) of this chapter. In addition, the amount of outstanding bonds issued by a county under this chapter may not exceed two percent (2%) of the adjusted value of taxable property located within the local county road and bridge district as determined under IC 36-1-15.

(c) The local county road and bridge board may issue bonds under this chapter only if the issuance of those bonds has been approved by:

(1) the county council of the qualified county; and

(2) the department of local government finance as required by IC 6-1.1-18.5-8.

(d) A local county road and bridge board may issue bonds under this chapter only if:

(1) the county vehicle excise tax (IC 6-3.5-4) and the county wheel tax (IC 6-3.5-5) are in effect in the county in which the local county road and bridge district is located;

(2) the county vehicle excise tax is being imposed at the maximum allowable rate; and

(3) the county in which the local county road and bridge district is located has not obtained a loan under IC 8-14-8.

(e) No bonds may be issued under this section after June 30, 1984.

As added by Acts 1981, P.L.88, SEC.13. Amended by P.L.73-1983, SEC.17; P.L.3-1990, SEC.31; P.L.6-1997, SEC.134; P.L.90-2002, SEC.318; P.L.256-2017, SEC.91.
Ind. Code § 8-14-12-3 — Indiana Code / Title 8 / Article 14 / Chapter 12 / Section 8-14-12-3
Requests for grants
Status: in_force

Sec. 3. Before June 1 of each year, the county executive of a county having a historic bridge located on the county's road system may request a grant.

As added by P.L.158-2001, SEC.1.
Ind. Code § 8-1-31-5.2 — Indiana Code / Title 8 / Article 1 / Chapter 31 / Section 8-1-31-5.2
"Eligible utility"
Status: in_force

Sec. 5.2. As used in this chapter, "eligible utility" means a:

(1) public utility;

(2) municipally owned utility; or

(3) not-for-profit utility;

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

As added by P.L.212-2015, SEC.3.
Ind. Code § 8-14.5-5-4 — Indiana Code / Title 8 / Article 14.5 / Chapter 5 / Section 8-14.5-5-4
Sale or conveyance of transportation system
Status: in_force

Sec. 4. The department may sell, transfer, or convey by any means any transportation system to the authority through negotiation of a lease. The department may lease any existing transportation system or property under its control to the authority for construction of a project, which project may be leased to the department.

As added by P.L.68-1988, SEC.12.
Ind. Code § 8-4-8-1 — Indiana Code / Title 8 / Article 4 / Chapter 8 / Section 8-4-8-1
Authority to operate; stocks and bonds
Status: in_force

Sec. 1. It shall be lawful for any railroad company in this state, organized under the general or special laws of this state, to make branches or extensions of its railroad to the boundary-line of any county in which such railroad may have a terminus, such boundary-line being also a boundary-line of the state, and such railroad company shall have all the powers, rights and privileges in relation to such branches of extensions as it has or may have in relation to its original road, under the law by which it was organized, and in conformity to the law of its organization, with power to said company to subscribe and take stock in any railroad bridge company on the route of said road, or at the terminus of said railroad, for the use and benefit of said road: Provided, That any such bridge at the terminus of such road shall be so constructed as to admit the passage of vehicles, foot passengers, and for general purposes: And, provided also, That where the terminus of such road is, or shall be, at or near the state-line, and the board of directors of such railroad company shall, by resolution, declare that it is desirable for such railroad company to acquire terminal property, or terminal rights and facilities, to enable it to operate through or into any city in another state and adjoining the terminus of such company, such railroad company shall have power, by its board of directors, to take stock in any terminal company organized under the laws of any adjoining state for the purpose of acquiring and constructing terminal property and terminal facilities, and to guarantee the bonds thereof. The amount of such stock investments and of the bonds guaranteed shall be determined by such board of directors.

Formerly: Acts 1863, c.4, s.1; Acts 1911, c.59, s.1.
Ind. Code § 8-23-1.1-28 — Indiana Code / Title 8 / Article 23 / Chapter 1.1 / Section 8-23-1.1-28
"Maintain"
Status: in_force

Sec. 28. "Maintain" means allow to exist.

As added by P.L.145-2026, SEC.37.
Ind. Code § 8-16-2-9 — Indiana Code / Title 8 / Article 16 / Chapter 2 / Section 8-16-2-9
Bridge maintenance
Status: in_force

Sec. 9. Such bridge shall be maintained by the department as other highway bridges are maintained by it, and the cost of such maintenance shall be paid out of the state highway funds, except as herein otherwise provided; but no part of the proceeds of the sale of bonds issued by any county hereunder shall ever be used for such maintenance.

Formerly: Acts 1927, c.10, s.9. As amended by Acts 1980, P.L.74, SEC.284.
Ind. Code § 8-15.5-3-0.3 — Indiana Code / Title 8 / Article 15.5 / Chapter 3 / Section 8-15.5-3-0.3
Validity of certain actions
Status: in_force

Sec. 0.3. (a) Actions taken with respect to:

(1) the issuance of a request for proposals;

(2) the determination of responsible and eligible offerors; and

(3) the preliminary selection of an operator by the authority;

for a public-private agreement before March 15, 2006, that would have been valid under this article, as added by P.L.47-2006, are legalized and validated.

(b) All agreements relating to a project that:

(1) is located within a metropolitan planning area (as defined by 23 U.S.C. 134); and

(2) connects the state of Indiana with the commonwealth of Kentucky;

are hereby legalized and declared valid if entered into before April 15, 2013.

(c) All proceedings and any action taken at a proceeding concerning the making, execution, or approval of an agreement described in subsection (b) are fully legalized and validated.

As added by P.L.220-2011, SEC.202. Amended by P.L.205-2013, SEC.141.
Ind. Code § 8-1-32.6-4 — Indiana Code / Title 8 / Article 1 / Chapter 32.6 / Section 8-1-32.6-4
"Multitenant real estate"
Status: in_force

Sec. 4. As used in this chapter, "multitenant real estate" means any:

(1) geographic area;

(2) building; or

(3) group of buildings;

containing more than one (1) unit for business purposes. The term includes office buildings and office parks. The term does not include apartment buildings, condominiums, or subdivisions.

As added by P.L.27-2006, SEC.56.
Ind. Code § 8-2.1-17-10 — Indiana Code / Title 8 / Article 2.1 / Chapter 17 / Section 8-2.1-17-10
"Motor carrier"
Status: in_force

Sec. 10. "Motor carrier" means a common carrier, contract carrier, or carrier certified in accordance with rules adopted by the department under IC 4-22-2.

As added by P.L.99-1989, SEC.8. Amended by P.L.110-1995, SEC.3.
Ind. Code § 8-6-14-1 — Indiana Code / Title 8 / Article 6 / Chapter 14 / Section 8-6-14-1
Authority for establishment; plans and specifications
Status: in_force

Sec. 1. Owners of tracts of land separated by the right of way of a railway company, or owner of a tract or tracts of land separated by the right of way of a railway company from a public highway or road, lying and situated immediately contiguous to and adjoining said right of way, may, if such right of way has been or shall hereafter be acquired by condemnation and appropriation, or by purchase or donation, construct and maintain wagon and driveways over and across such right of way leading from one of such tracts to another on the opposite side of such right of way, or leading from such tract or tracts of land on one (1) side to the highway on the other side of the right of way, at any point most convenient to such owner. For this purpose, such owner may enter upon such right of way and construct such embankment, or make such excavation, on one (1) or both sides of the track of such railway as may be necessary to establish easy grades from one (1) tract of land to the opposite tract or highway, and may spike planks on the ties of such railway on the line of such way for the space of the width of such way, of such thickness as not to be elevated above the top of the rails of such railway, and may also bridge the gutters at the sides of such railway track in such manner as not to obstruct the flow of water therein: Provided, The railroad company shall make the crossing.

Formerly: Acts 1885(ss), c.44, s.1; Acts 1899, c.212, s.1.
Ind. Code § 8-15.5-4-7 — Indiana Code / Title 8 / Article 15.5 / Chapter 4 / Section 8-15.5-4-7
Negotiations with offerors
Status: in_force

Sec. 7. (a) The authority shall negotiate with one (1) or more responsible offerors who submit proposals that are determined to be reasonably capable of being selected for a public-private agreement and may seek to obtain a final offer from one (1) or more responsible offerors.

(b) In determining whether one (1) or more responsible offerors are reasonably capable of being selected for a public-private agreement, the authority must consider all the following:

(1) The responsible offeror's expertise, qualifications, competence, skills, and know-how to perform its obligations under the proposed public-private agreement in accordance with the public-private agreement.

(2) The financial strength of the responsible offeror, including its capitalization.

(3) The experience of the responsible offeror, or predecessor to the offeror, in other comparable projects in North America and the quality of the responsible offeror's or predecessor's past or present performance on other comparable projects in North America that have been completed within two (2) years of the date of the submission of the offeror's proposal.

(4) The integrity, background, and reputation of the responsible offeror, including the absence of criminal, civil, or regulatory claims or actions against the responsible offeror.

(c) The requirements set forth in subsection (b) also apply to the approval by the authority of any successor or replacement operator under the public-private agreement after the execution of the public-private agreement under section 11 of this chapter.

(d) In making its determination under subsection (b) or (c), the authority shall consider:

(1) the offeror or operator;

(2) any affiliate of the offeror or operator;

(3) any party or affiliate of the offeror or operator that the offeror's proposal sets forth as a party or affiliate that may enter into a substantive contract with the offeror or operator to carry out the obligations of the offeror or operator under the public-private agreement with respect to the construction, operations, or rehabilitation of the project; and

(4) any private entity that controls the actions of those considered by the authority under subdivisions (1) through (3).

As added by P.L.47-2006, SEC.39. Amended by P.L.205-2013, SEC.145; P.L.189-2018, SEC.88.
Ind. Code § 8-15-2-28 — Indiana Code / Title 8 / Article 15 / Chapter 2 / Section 8-15-2-28
Exercise of certain powers by operator
Status: in_force

Sec. 28. If the authority is a party to a public-private agreement under IC 8-15.5, the authority may authorize the operator under that agreement to exercise any or all of the powers specified in sections 1, 6, 18, and 24 of this chapter, subject to the terms of that agreement.

As added by P.L.47-2006, SEC.18.
Ind. Code § 8-6-4-1 — Indiana Code / Title 8 / Article 6 / Chapter 4 / Section 8-6-4-1
Bell and whistle required equipment; duty to sound warning; inoperable bell on locomotive; sign in vicinity of crossing
Status: in_force

Sec. 1. (a) A railroad company operating in this state shall equip every locomotive engine with a whistle and a bell, maintained in good working order, such as are used by other railroad companies. Except when approaching a crossing to which an ordinance adopted under subsection (e) applies, the engineer or other person in charge of or operating an engine upon the line of a railroad shall, when the engine approaches the crossing of a turnpike, public highway, or street in this state:

(1) sound the whistle on the engine distinctly not less than four (4) times, which sounding shall be prolonged or repeated until the crossing is reached; and

(2) ring the bell attached to the engine continuously from the time of sounding the whistle until the engine has fully passed the crossing.

(b) A railroad company shall erect a sign that is:

(1) not more than one-fourth (1/4) mile in advance of a crossing or multiple consecutive crossings; and

(2) visible from an approaching train;

to notify the engineer or other person in charge of or operating an engine to sound the engine's whistle in accordance with federal law. The railroad company shall maintain the sign in good repair or replace the sign. However, this subsection does not apply to a crossing to which an ordinance adopted under subsection (e) applies. The locomotive engineer or other person in charge of the train shall notify, in writing, the appropriate maintenance of way supervisor of the railroad of any missing or damaged whistle post, and the railroad shall, within thirty (30) days after the maintenance of way supervisor is notified under this subsection, repair or replace the missing or damaged whistle post.

(c) Except as provided in subsection (d), it is unlawful for an engineer or other person in charge of a locomotive to move the locomotive, or allow it to be moved, over or across a turnpike, public highway, or street crossing if the whistle is not in good working order. Except as provided in subsection (d), it is unlawful for a railroad company to order or permit a locomotive to be moved over or across a turnpike, public highway, or street crossing if the whistle is not in good working order. When a whistle is not in good working order, the locomotive must stop before each crossing and proceed only after manual protection is provided at the crossing by a member of the crew unless manual protection is known to be provided.

(d) If the bell of a locomotive becomes inoperable after the daily inspection required under 49 CFR 229.21, the locomotive may be operated until the next daily inspection required under 49 CFR 229.21.

(e) A city, town, or county may adopt an ordinance to regulate the sounding of a whistle or the ringing of a bell under subsection (a) in the city, the town, or the county. However, an ordinance may not prohibit the sounding of a whistle or the ringing of a bell at a crossing that does not have an automatic train-activated warning signal as set forth in IC 8-6-7.7-2. An ordinance adopted after June 30, 2003, that prohibits the sounding of a whistle or the ringing of a bell at a crossing must require that signs be posted at the crossing to warn the public that trains do not sound whistles or ring bells at that crossing. Before an ordinance adopted under this subsection goes into effect, the city, town, or county must receive the written permission of the department to regulate the sounding or the ringing. The department shall grant permission only if the department determines, based upon a study conducted by the department, that the ordinance, as applied to the rail corridor identified in the ordinance, increases the overall safety of the corridor for the public. Notwithstanding anything to the contrary in this subsection, the department shall grant permission to a city or a town to regulate the sounding of a whistle or the ringing of a bell if the city or town had an ordinance regulating the sounding of a whistle or the ringing of a bell that was approved and in effect on January 1, 1991, if the city or town amended or repealed the ordinance, and if the city or town adopts a subsequent ordinance on the same subject. In making its determination during the course of the study, the department shall consider:

(1) school bus routes;

(2) emergency service routes;

(3) hazardous materials routes;

(4) pedestrian traffic;

(5) trespassers;

(6) recreational facilities;

(7) trails; and

(8) measures to increase safety in the corridor, including:

(A) four (4) quadrant gates;

(B) median barriers;

(C) crossing closures;

(D) law enforcement programs; and

(E) public education.

The study by the department required under this subsection must be completed not later than one hundred twenty (120) days after the department receives notice of the passage of the ordinance from the city, town, or county.

(f) Notwithstanding a contrary provision in an ordinance adopted under subsection (e), an engineer or other person who is operating an engine shall sound the engine's whistle if, in the determination of the engineer or other person who is operating the engine, an apparent emergency exists.

(g) A railroad company and the employees of the railroad company are immune from criminal or civil liability for injury or property damage that results from an accident that occurs at a crossing to which an ordinance described in subsection (e) applies if the injury or property damage was proximately caused solely by the railroad company and the employees failing to sound a whistle.

(h) The Indiana department of transportation shall review crossing safety at each crossing to which an ordinance adopted under subsection (e) applies not less than one (1) time in a five (5) year period.

(i) The Indiana department of transportation may not revoke the permission granted under subsection (e) for an ordinance.

(j) The Indiana department of transportation may create pilot railroad crossing safety projects to improve railroad crossing safety.

Formerly: Acts 1879(ss), c.77, s.1; Acts 1881(ss), c.85, s.1; Acts 1943, c.208, s.1; Acts 1972, P.L.63, SEC.1. As amended by P.L.62-1984, SEC.100; P.L.384-1987(ss), SEC.63; P.L.18-1990, SEC.73; P.L.59-1992, SEC.1; P.L.101-1993, SEC.1; P.L.199-1999, SEC.1; P.L.137-2003, SEC.1; P.L.182-2009(ss), SEC.507; P.L.69-2013, SEC.2.
Ind. Code § 8-17-3-10 — Indiana Code / Title 8 / Article 17 / Chapter 3 / Section 8-17-3-10
County highway supervisor; annual road school; expenses; bond
Status: in_force

Sec. 10. (a) A county highway supervisor shall attend all the sessions of the annual road school during every year of the supervisor's term. The expenses of the county highway supervisor, including the actual expenses of transportation to and from the school, together with the expense of lodging and tuition, shall be paid from the county highway maintenance fund.

(b) Before entering upon the discharge of official duties, a county highway supervisor shall, under IC 5-4-1, execute a bond conditioned on the faithful discharge of all duties required of the county highway supervisor.

Formerly: Acts 1933, c.27, s.10; Acts 1943, c.161, s.1; Acts 1959, c.204, s.1; Acts 1961, c.107, s.1; Acts 1965, c.391, s.1. As amended by Acts 1981, P.L.47, SEC.10; P.L.86-1988, SEC.114.
Ind. Code § 8-15.7-6-1 — Indiana Code / Title 8 / Article 15.7 / Chapter 6 / Section 8-15.7-6-1
Standards for plans and specifications
Status: in_force

Sec. 1. The plans and specifications, if any, for each project developed under this article must comply with:

(1) the department's standards for other projects of a similar nature, except as otherwise provided in the public-private agreement; and

(2) any other applicable state or federal standards.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-23-16-1 — Indiana Code / Title 8 / Article 23 / Chapter 16 / Section 8-23-16-1
"Member" defined
Status: in_force

Sec. 1. As used in this chapter, "member" means all employees and appointees of the department.

As added by P.L.18-1990, SEC.225.
Ind. Code § 8-23-17-2 — Indiana Code / Title 8 / Article 23 / Chapter 17 / Section 8-23-17-2
"Agency head" defined
Status: in_force

Sec. 2. As used in this chapter, "agency head" means the governing body or principal executive officer of an agency, or a duly designated delegate of the governing body or principal executive officer.

As added by P.L.18-1990, SEC.226.
Ind. Code § 8-22-3-25 — Indiana Code / Title 8 / Article 22 / Chapter 3 / Section 8-22-3-25
Cumulative building fund; levy and investment of tax; limitations on spending for intrastate air transportation
Status: in_force

Sec. 25. (a) Subject to subsection (c), the board may provide a cumulative building fund in compliance with IC 6-1.1-41 to provide for the acquisition of real property, and the construction, enlarging, improving, remodeling, repairing, or equipping of buildings, structures, runways, or other facilities for use in connection with the airport needed to carry out this chapter and to facilitate and support commercial air transportation.

(b) The board may levy in compliance with IC 6-1.1-41 a tax not to exceed:

(1) thirty-three hundredths of one cent ($0.0033) on each one hundred dollars ($100) of assessed value of taxable property within the district, if an eligible entity other than a city established the district or if the district was established jointly with an eligible entity that is not a city;

(2) one and thirty-three hundredths cents ($0.0133) on each one hundred dollars ($100) of assessed value of taxable property within the district, if the authority was established under IC 19-6-3 (before its repeal on April 1, 1980); and

(3) for any other district not described in subdivision (1) or (2), the tax rate specified in subsection (c).

As the tax is collected it may be invested in negotiable United States bonds or other securities that the federal government has the direct obligation to pay. Any of the funds collected that are not invested in government obligations shall be deposited in accordance with IC 5-13-6 and shall be withdrawn in the same manner as money is regularly withdrawn from the general fund but without further or additional appropriation. The levy authorized by this section is in addition to the levies authorized by section 11 and section 23 of this chapter.

(c) For any district not described in subsection (b)(1) or (b)(2), the board may impose a tax rate that does not exceed the following:

(1) If the total assessed valuation is three hundred million dollars ($300,000,000) or less, a tax rate of one and sixty-seven hundredths cents ($0.0167) per one hundred dollars ($100) of assessed valuation.

(2) If the total assessed valuation is more than three hundred million dollars ($300,000,000) but not more than four hundred fifty million dollars ($450,000,000), the tax rate necessary to raise property tax revenue equal to the sum of:

(A) fifty thousand one hundred dollars ($50,100); plus

(B) the amount that would be raised by applying a tax rate of one and thirty-three hundredths cents ($0.0133) (as adjusted under IC 6-1.1-18-12) per one hundred dollars ($100) of assessed valuation that exceeds three hundred million dollars ($300,000,000).

(3) If the total assessed valuation is more than four hundred fifty million dollars ($450,000,000) but not more than six hundred million dollars ($600,000,000), the tax rate necessary to raise property tax revenue equal to the sum of:

(A) fifty-nine thousand eight hundred fifty dollars ($59,850); plus

(B) the amount that would be raised by applying a tax rate of one cent ($0.01) (as adjusted under IC 6-1.1-18-12) per one hundred dollars ($100) of assessed valuation that exceeds four hundred fifty million dollars ($450,000,000).

(4) If the total assessed valuation is more than six hundred million dollars ($600,000,000) but not more than nine hundred million dollars ($900,000,000), the tax rate necessary to raise property tax revenue equal to the sum of:

(A) sixty thousand dollars ($60,000); plus

(B) the amount that would be raised by applying a tax rate of sixty-seven hundredths of a cent ($0.0067) (as adjusted under IC 6-1.1-18-12) per one hundred dollars ($100) of assessed valuation that exceeds six hundred million dollars ($600,000,000).

(5) If the total assessed valuation is more than nine hundred million dollars ($900,000,000), the tax rate necessary to raise property tax revenue equal to the sum of:

(A) sixty thousand three hundred dollars ($60,300); plus

(B) the amount that would be raised by applying a tax rate of thirty-three hundredths of a cent ($0.0033) (as adjusted under IC 6-1.1-18-12) per one hundred dollars ($100) of assessed valuation that exceeds nine hundred million dollars ($900,000,000).

(d) Spending under subsection (a) to facilitate and support commercial intrastate air transportation is subject to a maximum of one million dollars ($1,000,000) cumulatively for all years in which money is spent under that subsection.

[Pre-Local Government Recodification Citations: 19-6-2-27; 19-6-3-28; 19-6-3.5-29.]

As added by Acts 1980, P.L.8, SEC.73. Amended by Acts 1980, P.L.78, SEC.3; Acts 1981, P.L.11, SEC.69; Acts 1981, P.L.45, SEC.7; P.L.19-1987, SEC.27; P.L.3-1990, SEC.43; P.L.17-1995, SEC.11; P.L.6-1997, SEC.138; P.L.91-1997, SEC.1; P.L.2-1998, SEC.36; P.L.1-1999, SEC.23; P.L.1-1999, SEC.24; P.L.224-2003, SEC.281; P.L.139-2013, SEC.3; P.L.166-2014, SEC.38.
Ind. Code § 8-21-3-17 — Indiana Code / Title 8 / Article 21 / Chapter 3 / Section 8-21-3-17
Substitution of proof of financial responsibility
Status: in_force

Sec. 17. The department shall cancel any bond or return any certificate of insurance, or the department shall direct and the state treasurer shall return any money or securities, to the person entitled thereto, upon the substitution and acceptance of other adequate proof of financial responsibility pursuant to this chapter.

Formerly: Acts 1951, c.267, s.17. As amended by Acts 1980, P.L.74, SEC.329.
Ind. Code § 8-23-10-0.1 — Indiana Code / Title 8 / Article 23 / Chapter 10 / Section 8-23-10-0.1
Application of certain amendments to chapter
Status: in_force

Sec. 0.1. The amendments made to section 4 of this chapter by P.L.92-2004 apply only to subcontracts entered into after June 30, 2004.

As added by P.L.220-2011, SEC.207.
Ind. Code § 8-1-17.5-23 — Indiana Code / Title 8 / Article 1 / Chapter 17.5 / Section 8-1-17.5-23
Articles of dissolution; filing with secretary of state; contents; winding up of business; remaining assets
Status: in_force

Sec. 23. (a) A surviving corporation or successor corporation formed under this chapter may be dissolved by filing in the office of the secretary of state articles of dissolution that must be entitled and endorsed "Articles of dissolution of ____________" (the blank space being filled in with the name of the surviving corporation or successor corporation) and must include the following:

(1) The name of the surviving corporation or successor corporation and the names of the original corporations that were merged or consolidated to form the surviving corporation or successor corporation.

(2) The date of filing the following in the office of the secretary of state:

(A) the surviving corporation's or successor corporation's articles of incorporation, as most recently amended; and

(B) the articles of incorporation of the original corporations that were merged or consolidated to form the surviving corporation or successor corporation.

(3) A statement that the corporation elects to dissolve.

(4) The name and post office address of each of the directors of the surviving corporation or successor corporation, and the name, title, and post office address of each of the officers of the surviving corporation or successor corporation.

(b) The articles of dissolution shall be subscribed and acknowledged by the surviving corporation's or successor corporation's president or a vice president, and by the secretary or an assistant secretary, who shall make and annex an affidavit stating that they have been authorized to execute and file the articles by a resolution adopted by the members of the surviving corporation or successor corporation at a meeting called and held as provided in section 14 of this chapter.

(c) The articles of dissolution, or one (1) or more certified copies of the articles, shall be filed in the office of the secretary of state and upon that filing, the corporation shall be considered dissolved.

(d) A surviving corporation or successor corporation dissolved under subsection (c) shall continue for the purpose of paying, satisfying, and discharging any existing liabilities or obligations and collecting or liquidating its assets, and doing all other acts required to adjust and wind up its business and affairs, and may sue and be sued in its corporate name.

(e) Any assets remaining after all liabilities or obligations of the surviving corporation or successor corporation have been satisfied or discharged pass to and become the property of the state.

As added by P.L.18-2010, SEC.1.
Ind. Code § 8-15-2-10 — Indiana Code / Title 8 / Article 15 / Chapter 2 / Section 8-15-2-10
Toll road revenue refunding bonds
Status: in_force

Sec. 10. (a) Subject to IC 8-9.5-8-10, the authority may provide for the issuance of toll road revenue refunding bonds of the state payable solely from the funds provided by this chapter for payment for the purpose of:

(1) refunding any bonds then outstanding which shall have been issued under the provisions of this chapter, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such bonds; and

(2) if deemed advisable by the authority, for the additional purpose of constructing improvements, extensions, or enlargements of the toll road project in connection with which the bonds to be refunded shall have been issued.

(b) The issuance of such bonds, the maturities and other details thereof, the rights of the holders thereof, and the rights, duties, and obligations of the authority in respect of the same, shall be governed by the provisions of this chapter insofar as the same may be applicable.

Formerly: Acts 1951, c.281, s.10. As amended by Acts 1980, P.L.74, SECS.235, 236; P.L.109-1983, SEC.13.
Ind. Code § 8-25-2-5 — Indiana Code / Title 8 / Article 25 / Chapter 2 / Section 8-25-2-5
Repealed
Status: repealed

As added by P.L.153-2014, SEC.17. Repealed by P.L.197-2016, SEC.88.
Ind. Code § 8-2.1-24-21 — Indiana Code / Title 8 / Article 2.1 / Chapter 24 / Section 8-2.1-24-21
Display of identification on or in vehicle
Status: in_force

Sec. 21. A motor carrier shall display a United States Department of Transportation number or any other identification in the method required by the department on or in each motor vehicle the motor carrier operates.

As added by P.L.110-1995, SEC.29. Amended by P.L.42-2007, SEC.17.
Ind. Code § 8-2.1-17-13.2 — Indiana Code / Title 8 / Article 2.1 / Chapter 17 / Section 8-2.1-17-13.2
"Personal vehicle"
Status: in_force

Sec. 13.2. (a) "Personal vehicle", for purposes of sections 13.5, 16, 19, and 20 of this chapter, IC 8-2.1-19, and IC 8-2.1-19.1, means a vehicle that is:

(1) used by a TNC driver to provide a prearranged ride;

(2) owned, leased, or otherwise authorized for use by the TNC driver; and

(3) not a taxicab, limousine, or other for hire vehicle.

(b) "Personal vehicle", for purposes of sections 5.2, 5.4, and 5.7 of this chapter and IC 8-2.1-19.3, means a vehicle that is:

(1) used by a DNC driver to provide delivery services through a digital network; and

(2) owned, leased, or otherwise authorized for use by a DNC driver.

As added by P.L.175-2015, SEC.3. Amended by P.L.215-2023, SEC.8.
Ind. Code § 8-4.5-5-18 — Indiana Code / Title 8 / Article 4.5 / Chapter 5 / Section 8-4.5-5-18
Real property acquisitions
Status: in_force

Sec. 18. (a) Real property may be acquired by lease, by easement, or in fee simple.

(b) If real property is acquired in fee simple, title must be taken in the name of the state.

As added by P.L.40-1995, SEC.3.
Ind. Code § 8-4-25-2 — Indiana Code / Title 8 / Article 4 / Chapter 25 / Section 8-4-25-2
Petition
Status: in_force

Sec. 2. The petition of the stockholders specified in section 1 of this chapter shall state the facts relied on to show the benefits accruing to the company indorsing or guaranteeing the bonds above mentioned.

Formerly: Acts 1883, c.127, s.2. As amended by P.L.62-1984, SEC.80.
Ind. Code § 8-5-1-2 — Indiana Code / Title 8 / Article 5 / Chapter 1 / Section 8-5-1-2
Crossings; construction
Status: in_force

Sec. 2. Where it becomes necessary for the track or trolley-wires of one (1) street railroad company to cross the track or trolley-wires of another street railroad company or the track of any railroad company the company owning the road last constructed at such crossing shall, unless otherwise agreed to between such companies, be at the exclusive expense of constructing such crossing in a manner to be convenient and safe for both companies.

Formerly: Acts 1901, c.207, s.2.
Ind. Code § 8-1-31-11 — Indiana Code / Title 8 / Article 1 / Chapter 31 / Section 8-1-31-11
Pretax return factors
Status: in_force

Sec. 11. In determining an appropriate pretax return, the commission may consider the following factors:

(1) The current state and federal income tax rates.

(2) The public utility's actual regulatory capital structure.

(3) The actual cost rates for the public utility's long term debt and preferred stock.

(4) The public utility's cost of common equity.

(5) Other components that the commission considers appropriate.

As added by P.L.94-2000, SEC.1.
Ind. Code § 8-16-2-24 — Indiana Code / Title 8 / Article 16 / Chapter 2 / Section 8-16-2-24
Compliance with other laws
Status: in_force

Sec. 24. Except as otherwise expressly provided in this chapter, any county shall have the right to proceed under this chapter without complying with any other existing statute in effect on May 16, 1927.

Formerly: Acts 1927, c.10, s.24. As amended by P.L.66-1984, SEC.64.
Ind. Code § 8-4-32-3 — Indiana Code / Title 8 / Article 4 / Chapter 32 / Section 8-4-32-3
Summons; service
Status: in_force

Sec. 3. When the complaint is filed in the circuit court, superior court, or probate court under section 2 of this chapter, the clerk of the court shall issue a summons in the case as in other cases. The summons may be served by copy on any conductor on any train on the road passing into or through the county.

Formerly: Acts 1863, c.25, s.3. As amended by P.L.1-1990, SEC.120; P.L.84-2016, SEC.41.
Ind. Code § 8-1-8.5-1 — Indiana Code / Title 8 / Article 1 / Chapter 8.5 / Section 8-1-8.5-1
Definitions
Status: in_force

Sec. 1. (a) Except as provided in subsection (c), as used in this chapter, "public utility" means a:

(1) public, municipally owned, or cooperatively owned utility; or

(2) joint agency created under IC 8-1-2.2.

(b) As used in this chapter, "public utility service" means the service rendered by a public utility.

(c) As used in section 13 of this chapter, "public utility" means only those utilities listed in 170 IAC 4-7-2(a) and their successors in interest.

As added by P.L.43-1983, SEC.12. Amended by P.L.23-1988, SEC.40; P.L.54-1992, SEC.4; P.L.60-2021, SEC.1.
Ind. Code § 8-4-16-5 — Indiana Code / Title 8 / Article 4 / Chapter 16 / Section 8-4-16-5
Repealed
Status: repealed

Formerly: Acts 1937, c.59, s.5; Acts 1955, c.342, s.2. Repealed by P.L.1-1989, SEC.75.
Ind. Code § 8-4-29-5 — Indiana Code / Title 8 / Article 4 / Chapter 29 / Section 8-4-29-5
Cumulative effect of chapter
Status: in_force

Sec. 5. The provisions of this chapter are cumulative to all other rights and remedies of the parties and all other powers of the Indiana department of transportation.

Formerly: Acts 1913, c.273, s.5. As amended by P.L.62-1984, SEC.83; P.L.384-1987(ss), SEC.54; P.L.18-1990, SEC.62.
Ind. Code § 8-23-21-4 — Indiana Code / Title 8 / Article 23 / Chapter 21 / Section 8-23-21-4
Designation of official detour route
Status: in_force

Sec. 4. The department shall designate a county highway as the official detour route if:

(1) the executive of the county through which the county highway passes adopts a resolution consenting to the official detour route; and

(2) under rules adopted by the department, the department determines that it is not more expensive to designate a county highway as an official detour route than it is to provide other means for a motorist to reach a destination.

As added by P.L.120-1995, SEC.5.
Ind. Code § 8-23-9.5-9 — Indiana Code / Title 8 / Article 23 / Chapter 9.5 / Section 8-23-9.5-9
"Professional services consultant"
Status: in_force

Sec. 9. As used in this chapter, "professional services consultant" means a person that performs:

(1) program management;

(2) construction management;

(3) feasibility studies;

(4) preliminary engineering;

(5) design engineering;

(6) surveying;

(7) mapping; or

(8) architectural services;

for a project.

As added by P.L.60-2023, SEC.2.
Ind. Code § 8-4-1-5 — Indiana Code / Title 8 / Article 4 / Chapter 1 / Section 8-4-1-5
Shareholders; annual meeting; directors, election, and term
Status: in_force

Sec. 5. There shall be an annual meeting of the stockholders (to be held in one (1) of the counties in which or through which such road is proposed to be or may be constructed) for the election of directors to serve for the ensuing year, notice of which, appointing a time and place, shall be given by the directors chosen as provided in section 1 of this chapter for the first annual election, and, afterward, by their successors in office; which notice shall be published not less than twenty (20) days previous thereto in a newspaper published in each county through which such road shall be intended to run (if there be stockholders residing therein) in which a newspaper shall be published; and if no newspaper be published therein, then by six (6) written or printed notices put up in the most public places in such county; provided, however, that the directors may prescribe by bylaw a place outside the state for the holding of annual meetings, or, notwithstanding the limitations of section 10 of this chapter, by resolution adopted at any meeting by stockholders holding shares representing two-thirds (2/3) of the voting power of the capital stock entitled to vote at any annual meeting. Three (3) judges of election shall be chosen by the board of directors previous to any annual meeting of the stockholders, who shall be stockholders but not directors at the time of such election, whose duty it shall be to receive the votes of the stockholders at such election for directors, and who shall openly count the votes and declare the result, and shall furnish the directors elected at such meeting of the stockholders with a certificate of their election, which certificate shall be evidence of their authority to act as such directors. Not less than seven (7) nor more than thirteen (13) directors shall be chosen at such meeting of stockholders, by ballot, and by a majority of the votes of the stockholders present in person or by proxy. No person shall be a director unless he shall be a stockholder, owning stock absolutely in his own right, and qualified to a vote for directors at the election at which he shall be chosen. The directors shall hold their office for one (1) year and until others are elected in their places.

Formerly: Acts 1852, 1RS, c.83, s.4; Acts 1933, c.101, s.8; Acts 1955, c.139, s.1. As amended by P.L.62-1984, SEC.34.
Ind. Code § 8-14.5-6-12 — Indiana Code / Title 8 / Article 14.5 / Chapter 6 / Section 8-14.5-6-12
Tax exemption
Status: in_force

Sec. 12. All bonds or notes issued under this article are issued by a body corporate and politic of this state, but not a state agency, and for an essential public and governmental purpose. The bonds and notes, the interest on the bonds and notes, the proceeds received by an owner from the sale of the bonds or notes to the extent of the owner's cost of acquisition, proceeds received upon redemption for maturity, proceeds received at maturity, and the receipt of the interest and proceeds are exempt from taxation for all purposes except the financial institutions tax imposed under IC 6-5.5.

As added by P.L.68-1988, SEC.12. Amended by P.L.21-1990, SEC.40; P.L.254-1997(ss), SEC.14; P.L.79-2017, SEC.55.
Ind. Code § 8-21-3-10 — Indiana Code / Title 8 / Article 21 / Chapter 3 / Section 8-21-3-10
Filing of insurance certificates
Status: in_force

Sec. 10. (a) Proof of financial responsibility may be made by filing with the department the written certificate or certificates of any insurance carrier certifying that it has issued to or for the benefit of the person furnishing such proof and named as the insured or additional insured, an aircraft liability policy or policies meeting the requirements of this chapter, and such other information as the department may require.

(b) When the person required to give proof of financial responsibility, is not the owner of an aircraft, then an operator's policy of liability insurance as defined in this chapter shall be sufficient proof of financial responsibility.

Formerly: Acts 1951, c.267, s.10. As amended by Acts 1980, P.L.74, SEC.322; P.L.50-2024, SEC.7.
Ind. Code § 8-1-2-49 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-49
Inspection of books and records; affiliated interests; jurisdiction; annual reports
Status: in_force

Sec. 49. (1) The commission or any commissioner when authorized by the commission or any person or persons employed by the commission for that purpose shall upon demand have the right to inspect the books, accounts, papers, records, and memoranda of any public utility and to examine, under oath, any officer, agent, or employee of such public utility in relation to its business and affairs. Any person other than one of said commissioners who shall make such demand shall produce his authority to make such inspection. The commission shall have jurisdiction over holders of the voting capital stock of all public utility companies under its jurisdiction to such extent as may be necessary to enable the commission to require the disclosure of the identity in respective interests of every owner of any substantial interest in such voting capital stock. One percent (1%) or more is a substantial interest, within the meaning of this section.

(2) Said commission shall have jurisdiction over affiliated interests having transactions, other than ownership of stock and receipt of dividends thereon, with utility corporations and other utility companies under the jurisdiction of the commission, to the extent of access to all accounts and records of joint or general expenses, any portion of which may be applicable to such transactions, and to the extent of authority to require such reports to be submitted by such affiliated interests, as the commission may prescribe. For the purpose of this section only, "affiliated interests" include the following:

(a) Every corporation and person owning or holding directly or indirectly ten percent (10%) or more of the voting capital stock of such utility corporation.

(b) Every corporation and person in any chain of successive ownership of ten percent (10%) or more of voting capital stock.

(c) Every corporation ten percent (10%) or more of whose voting capital stock is owned by any person or corporation owning ten percent (10%) or more of the voting capital stock of such utility corporation or by any person or corporation in any such chain of successive ownership of ten percent (10%) or more of voting capital stock.

(d) Every person who is an officer or director of such utility corporation or of any corporation in any chain of successive ownership of ten percent (10%) or more of voting capital stock.

(e) Every corporation which has one (1) or more officers or one (1) or more directors in common with such utility corporation.

(f) Every corporation or person which the commission may determine as a matter of fact after investigation and hearing is actually exercising any substantial influence over the policies and actions of such utility corporation even though such influence is not based upon stockholding, stockholders, directors, or officers to the extent specified in this section.

(g) Every person or corporation who or which the commission may determine as a matter of fact after investigation and hearing is actually exercising such substantial influence over the policies and actions of such utility corporation in conjunction with one (1) or more other corporations and/or persons with which or whom they are related by ownership and/or blood relationship or by action in concert that together they are affiliated with such utility corporation within the meaning of this section even though no one of them alone is so affiliated; provided, however, that no such person or corporation shall be considered as affiliated within the meaning of this section if such person or corporation is otherwise subject to the jurisdiction of the commission or such person or corporation shall not have had transactions or dealings other than the holding of stock and the receipt of dividends thereon with such utility corporation during the two (2) year period next preceding.

No management, construction, engineering, or similar contract, made after March 8, 1933, with any affiliated interest, as defined in this section, shall be effective unless it shall first have been filed with the commission. If it be found that any such contract is not in the public interest, the commission, after investigation and a hearing, is hereby authorized to disapprove such contract.

(3) Every annual report of any utility corporation reporting under this chapter to the commission shall contain, in addition to any other information required to be included by or pursuant to law, the following information:

(a) It shall state the name and address of, and the number of shares held by each holder of one percent (1%) or more of the voting capital stock of the reporting corporation, according to its records.

(b) Where one percent (1%) or more of the voting capital stock of the reporting corporation is held by a trustee or trustees, or other intermediate agency, for the beneficial interest of an owner or owners, other than the holder of record, or where one percent (1%) or more of the voting capital stock of the reporting corporation is held by another corporation, such annual report shall state, if the information is available from the records of the reporting corporation, the name and addresses and respective interests of such beneficial owners, and the names and addresses of the officers and directors of any such other corporation and the total number of shares of capital stock thereof held by each, showing separately the number of shares of the voting capital stock, and the names and addresses and respective stockholdings of every stockholder of such other corporation holding one percent (1%) or more of its voting capital stock. Such report shall be accompanied by a certified copy of each trust agreement or other instrument under which any voting capital stock of the reporting corporation is held.

Where the information specified in subsection (3)(b) is not available from the records of the reporting corporation, any such holder, of record, of one percent (1%) or more of the voting capital stock of the reporting corporation, if ordered so to do by the commission, shall file with the commission, a sworn statement, in such form and to be filed within such time as the commission shall prescribe, setting forth whether or not any of such stock held by him or it is so held for the beneficial ownership of any person, firm, limited liability company, or corporation other than the record holder thereof, and, if stated to be so held, the names, addresses, and respective interests of such beneficial owners. If such stockholder is a trustee, he or it also shall file with such statement a certified copy of the trust agreement or other instrument under which such stock is held. A corporation which is the holder, of record, of one percent (1%) or more of the voting capital stock of the reporting corporation, if ordered so to do by the commission, and regardless of whether the information is or is not available or apparently available from the records of the reporting corporation, also shall file with the commission a sworn statement, in such form and to be filed within such time as the commission shall prescribe, or shall include in the sworn statement, if any, required to be filed by it pursuant to other provisions of this chapter a statement setting forth the names and addresses of its officers and directors and the total number of shares of its capital stock, held by each, showing separately the number of shares of the voting capital stock, and the names and addresses and respective stockholdings of each stockholder thereof holding one percent (1%) or more of its voting capital stock.

(4) If the annual report, or the sworn statements provided for in this section, do not furnish the information desired, because of any chain of successive ownership or of stockholdings, or because of an intermediate agency or agencies, or for any other reason, the commission, by order, may require similar sworn statements from any person or corporation who or which can give the necessary information, as the commission may have discovered from its investigations, to the end that the commission may obtain a complete disclosure of the natural persons, firms, limited liability companies, or corporations and their respective interests, who or which own or control directly or indirectly one percent (1%) or more of the voting capital stock of the reporting corporation.

Formerly: Acts 1913, c.76, s.52; Acts 1933, c.190, s.6. As amended by P.L.59-1984, SEC.23; P.L.8-1993, SEC.107.
Ind. Code § 8-23-2-14 — Indiana Code / Title 8 / Article 23 / Chapter 2 / Section 8-23-2-14
Extension of engineering services and testing facilities to counties and municipalities; reimbursement
Status: in_force

Sec. 14. The department may furnish on request of a county or municipality engineering service or consultation and extend the facilities of the department's testing laboratory for the testing of highway construction and maintenance materials or for any other highway purpose. When those services are rendered by the department, the county or municipality requesting and receiving the services shall reimburse the department to the extent of the actual cost of the service including salaries or personal services. When payment is made to the department by the county or municipality, the department shall receipt the payments into the accounts or appropriations from which the expenditures were made by the department in providing those services.

As added by P.L.18-1990, SEC.211.
Ind. Code § 8-1-26-18.5 — Indiana Code / Title 8 / Article 1 / Chapter 26 / Section 8-1-26-18.5
Installation of new or replacement facilities after June 30, 2020; detection from above ground level
Status: in_force

Sec. 18.5. (a) This section applies to any new or replacement underground facility that an operator installs or causes to be installed after June 30, 2020, in any public right-of-way or on any private property.

(b) Subject to any other applicable federal or state laws or regulations, for any new or replacement underground facility that an operator installs or causes to be installed, the operator shall ensure that:

(1) the materials from which the facility is constructed are capable of being detected from above ground level using standard equipment and technologies used by the utility locating industry, such as electromagnetic locating equipment and electromagnetic induction surveys; or

(2) if the materials from which the facility is constructed are not capable of being detected from above ground level using standard locating techniques, as described in subdivision (1), the facility is:

(A) encased by conductive material; or

(B) equipped with an electrically conducting wire or other means of locating the facility while it is underground.

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

As added by P.L.46-2020, SEC.1. Amended by P.L.93-2024, SEC.69.
Ind. Code § 8-15-3-31 — Indiana Code / Title 8 / Article 15 / Chapter 3 / Section 8-15-3-31
Lease, grant, or conveyance of property by political subdivision or public agency
Status: in_force

Sec. 31. Notwithstanding any other law, each county, city, town, township, and other political subdivision and public agency of the state may lease, lend, grant, or convey to the state at the request of the department, upon reasonable and fair terms and conditions, and without the necessity for an advertisement, order of court, or other formal action (other than the regular and formal action of the departments concerned), any real property for the purposes of this chapter.

As added by P.L.386-1987(ss), SEC.13.
Ind. Code § 8-1-34-7 — Indiana Code / Title 8 / Article 1 / Chapter 34 / Section 8-1-34-7
"Incumbent provider"
Status: in_force

Sec. 7. As used in this chapter, "incumbent provider" means the provider serving the largest number of video service subscribers in a particular local franchise service area on July 1, 2006.

As added by P.L.27-2006, SEC.58.
Ind. Code § 8-1-8.8-14 — Indiana Code / Title 8 / Article 1 / Chapter 8.8 / Section 8-1-8.8-14
Annual study of renewable energy resources
Status: in_force

Sec. 14. The group shall conduct an annual study on the:

(1) use of;

(2) availability of; and

(3) economics of using;

in Indiana the clean energy resources listed in IC 8-1-37-4(a)(1) through IC 8-1-37-4(a)(6) and in IC 8-1-37-4(a)(22). The commission may direct the group to study additional clean energy resources as the commission considers appropriate. Each year, the group shall submit a report on the study to the commission for inclusion in the commission's annual report to the interim study committee on energy, utilities, and telecommunications established by IC 2-5-1.3-4 in an electronic format under IC 5-14-6. The commission shall direct the group concerning the appropriate level of detail for the report. The report must include suggestions from the group to encourage the development and use of clean energy resources and technologies appropriate for use in Indiana.

As added by P.L.159-2002, SEC.6. Amended by P.L.71-2009, SEC.2; P.L.150-2011, SEC.14; P.L.53-2014, SEC.78; P.L.152-2022, SEC.2.
Ind. Code § 8-1-32.7-4 — Indiana Code / Title 8 / Article 1 / Chapter 32.7 / Section 8-1-32.7-4
"State"
Status: in_force

Sec. 4. (a) As used in this chapter, "state" means the state of Indiana and any officer, agency, department, board, bureau, commission, division, or institution of the state of Indiana, the trustees or board of directors of any instrumentality of the state of Indiana or body politic of the state of Indiana, and the trustees of any state educational institution.

(b) The term includes a state agency or other instrumentality of state government that holds the contract for the state's indefeasible right of use to I-Light.

As added by P.L.79-2012, SEC.1.
Ind. Code § 8-23-1.1-17 — Indiana Code / Title 8 / Article 23 / Chapter 1.1 / Section 8-23-1.1-17
"Directional and other official signs and notices"
Status: in_force

Sec. 17. "Directional and other official signs and notices" includes signs and notices pertaining to natural, scenic, and historical attractions that are required or authorized by law and conform to the national standards adopted by the United States Secretary of Commerce under 23 U.S.C. 131(c).

As added by P.L.145-2026, SEC.37.
Ind. Code § 8-17-5-4 — Indiana Code / Title 8 / Article 17 / Chapter 5 / Section 8-17-5-4
Compensation
Status: in_force

Sec. 4. The county highway engineer is entitled to a salary fixed by the county executive and shall be allowed actual traveling and other expenses incurred in the discharge of duties. The salary and expenses shall be paid out of county general funds, the county distribution of motor vehicle highway account funds, or both, and the county highway engineer fund. The county executive shall provide all facilities, equipment, and personnel required by the county highway engineer in the discharge of the engineer's duties.

Formerly: Acts 1963, c.131, s.4. As amended by P.L.86-1988, SEC.125.
Ind. Code § 8-1.5-2-17 — Indiana Code / Title 8 / Article 1.5 / Chapter 2 / Section 8-1.5-2-17
Acquisition of property rights inside or outside boundaries; utility lines; protection of services from injury or pollution; attachments from abuse, destruction, or waste
Status: in_force

Sec. 17. (a) A municipality, by exercising the power of eminent domain in accordance with IC 32-24 or other applicable law, may acquire property rights inside or outside its corporate boundaries as necessary for the business of a municipally owned utility.

(b) The municipal legislative body may provide for utility lines to be laid through the municipality as the municipally owned utility requires. The municipality may use any property or property rights necessary for constructing, acquiring, operating, or protecting from injury or pollution the municipally owned utility services.

(c) For the purpose of preserving and protecting from injury or pollution the municipal water services, the municipality may exercise its powers in areas within twenty-five (25) miles outside its corporate boundaries.

(d) All attachments made to the utility fixtures, whether intended for public or private use, are subject to the supervision and rules of the utility for protection against abuse or destruction or the inordinate use or waste of utility services.

As added by Acts 1982, P.L.74, SEC.1. Amended by P.L.2-2002, SEC.39.
Ind. Code § 8-23-31-3 — Indiana Code / Title 8 / Article 23 / Chapter 31 / Section 8-23-31-3
Additional considerations affecting the timing and means of department actions
Status: in_force

Sec. 3. Notwithstanding any other law or provision, the department shall make a good faith effort to:

(1) use the least disruptive timing when determining when to let a contract involving a department action; and

(2) use the least restrictive means when implementing or performing a scheduled department action.

As added by P.L.165-2018, SEC.2.
Ind. Code § 8-1-26-6 — Indiana Code / Title 8 / Article 1 / Chapter 26 / Section 8-1-26-6
"Excavate"
Status: in_force

Sec. 6. As used in this chapter, "excavate" means an operation for the movement, placement, or removal of earth, rock, or other materials in or on the ground by use of tools or mechanized equipment or by discharge of explosives, including augering, backfilling, boring, digging, ditching, drilling, driving, grading, jacking, plowing in, pulling in, ripping, scraping, trenching, and tunneling.

As added by P.L.69-1990, SEC.2. Amended by P.L.62-2009, SEC.6.
Ind. Code § 8-1-29-2 — Indiana Code / Title 8 / Article 1 / Chapter 29 / Section 8-1-29-2
"Telecommunications" defined
Status: in_force

Sec. 2. As used in this chapter, "telecommunications" means the electronic transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information sent and received. The term does not include commercial mobile radio service (as defined in 47 U.S.C. 332).

As added by P.L.92-1998, SEC.2. Amended by P.L.135-1999, SEC.3.
Ind. Code § 8-1-2-103 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-103
Rates and charges; discriminatory overcharges and undercharges; offense; free service or special rate exceptions
Status: in_force

Sec. 103. (a) No public utility, or agent or officer of a public utility, or officer of any municipality constituting a public utility, as defined in this chapter, may charge, demand, collect, or receive from any person a greater or less compensation for any service rendered or to be rendered, or for any service in connection with any service rendered or to be rendered, than that prescribed in the published schedules or tariffs then in force or established as provided in this chapter, or than it charges, demands, collects, or receives from any other person for a like and contemporaneous service. A person who recklessly violates this subsection commits a Class A misdemeanor.

(b) Notwithstanding subsection (a), if a city of less than twenty thousand (20,000) in population according to the most recent federal decennial census, constituting a public water utility, and acting as a public utility prior to May 1, 1913, either as such city, or by any commercial association, chamber of commerce, or committee with the consent of such city, entered into any agreement with any person engaged in manufacturing any articles of commerce to furnish free water for a certain limited time as an inducement to such person so engaged in manufacturing to locate the establishment or manufacturing plant of such person within such city, such city may carry out such agreement to furnish free water to such person for the period of time remaining, as stipulated in such contract. This chapter does not prohibit any public utility from supplying or furnishing free service or service at special rates to any municipality, or any institution or agency of such municipality, in cases where the supplying or furnishing of such free service or service at special rates is stipulated in any provision of the franchise under which such public utility was operating before May 16, 1919, or, in the event that such franchise shall have been surrendered, from supplying or furnishing such free service or service at special rates until such time as the franchise would have expired had it not been surrendered under this chapter; and it shall be the duty of any utility operating under any franchise, stipulating for free service or service at special rates to the municipality, or any institution or agency of such municipality, to furnish such free service or service at special rates.

(c) This subsection applies to a public utility that provides water for public fire protection services in both a county containing a consolidated city and in portions of counties that are adjacent to the county containing a consolidated city. This subsection applies throughout the territory served by the public utility. In the case of a public utility furnishing water and beginning on January 1, 1994, the charges for the production, storage, transmission, sale and delivery, or furnishing of water for public fire protection purposes shall be included in the basic rates of the customers of the public utility. However, the construction cost of any fire hydrant installed after December 31, 1993, at the request of a municipality, township, county, or other governmental unit shall be paid for by or on behalf of the municipality, township, county, or other governmental unit. The change in the recovery of current revenue authorized by this section shall be reflected in a new schedule of rates to be filed with the commission at least thirty (30) days before the time the new schedule of rates is to take effect. The new schedule of rates shall:

(1) eliminate fire protection charges billed directly to governmental units, other than charges for the construction cost for new hydrants installed after December 31, 1993; and

(2) increase the rates charged each customer of the utility, based on equivalent meter size, by an amount equal to:

(A) the revenues lost from the elimination of such fire protection charges; divided by

(B) the current number of equivalent five-eighths (5/8) inch meters.

This change in the recovery of public fire protection costs shall not be considered to be a general increase in basic rates and charges of the public utility and is not subject to the notice and hearing requirements applicable to general rate proceedings. The commission shall approve the new schedule of rates that are to be effective January 1, 1994.

(d) This subsection applies to a public utility or a municipally owned water utility that is not subject to subsection (c). Except as provided in subsection (e), in the case of a public utility or municipally owned water utility furnishing water, if the governing body of any municipality within the service area of the utility adopts an ordinance providing that costs shall be recovered under this subsection, the charges for the production, storage, transmission, sale and delivery, or furnishing of water for public fire protection purposes shall be included in the basic rates of all customers of the utility within the municipality. However, on or after a date specified in the ordinance, the construction cost of any fire hydrant installed at the request of a municipality, township, county, or other governmental unit that adopts an ordinance under this subsection shall be paid for by or on behalf of the municipality, township, county, or other governmental unit. The change in the recovery of current revenue authorized by the ordinance shall be reflected in a new schedule of rates to be filed with the commission at least thirty (30) days before the time the new schedule of rates is to take effect. The new schedule of rates shall:

(1) eliminate fire protection charges billed directly to governmental units, other than charges for the construction cost for new hydrants installed on and after the date specified in the ordinance; and

(2) increase the rates charged each customer of the utility, based on equivalent meter size, by an amount equal to:

(A) the revenues lost from the elimination of such fire protection charges; divided by

(B) the current number of equivalent five-eighths (5/8) inch meters.

This change in the recovery of public fire protection costs shall not be considered to be a general increase in basic rates and charges of the utility and is not subject to the notice and hearing requirements applicable to general rate proceedings. The commission shall approve the new schedule of rates that are to be effective on a date specified in the ordinance.

(e) This subsection applies to a municipally owned water utility in a city having a population of more than fifty-three thousand (53,000) and less than fifty-four thousand (54,000). The city may adopt a plan to recover costs as described in subsection (d) without passing an ordinance, if the plan applies only to customers of the utility residing in a county having a population of more than two hundred fifty thousand (250,000) and less than three hundred thousand (300,000). If the city wishes to adopt such a plan, the city shall file a new schedule of rates with the commission, but is not subject to commission approval of the rates.

(f) In the case of a change in the method of recovering public fire protection costs under an ordinance adopted under subsection (d):

(1) on or after July 1, 1997, a customer of the utility located outside the limits of a municipality whose property is not located within one thousand (1,000) feet of a fire hydrant (measured from the hydrant to the nearest point on the property line of the customer) must be excluded from the increase in rates attributable to the change and must not be included in the number of equivalent five-eighths (5/8) inch meters for purposes of subsection (d)(2)(B); or

(2) before July 1, 1997, the commission may:

(A) in the context of a general rate proceeding initiated by the utility; or

(B) upon petition of:

(i) the utility;

(ii) the governmental unit that passed the ordinance; or

(iii) an affected customer;

prospectively exclude public fire protection costs from the rates charged to customers located outside the limits of any municipality whose property is not located within one thousand (1,000) feet of a fire hydrant (measured from the hydrant to the nearest point on the property line of the customer) if the commission authorizes a simultaneous increase in the rates of the utility's other customers to the extent necessary to prevent a loss of revenues to the utility.

An increase in the rates of the utility's other customers under subdivision (2) may not be construed to be a general increase in basic rates and charges of the utility and is not subject to the hearing requirements applicable to general rate proceedings. This subsection does not prohibit the commission from adopting different methods of public fire protection cost recovery for unincorporated areas after notice and hearing within the context of a general rate proceeding or other appropriate proceeding.

Formerly: Acts 1913, c.76, s.112; Acts 1915, c.137, s.1; Acts 1919, c.168, s.1. As amended by Acts 1977, P.L.2, SEC.37; Acts 1978, P.L.2, SEC.803; Acts 1981, P.L.44, SEC.6; P.L.93-1993, SEC.1; P.L.79-1997, SEC.1; P.L.80-1997, SEC.1; P.L.2-1998, SEC.33; P.L.170-2002, SEC.57; P.L.176-2002, SEC.5; P.L.119-2012, SEC.82; P.L.136-2018, SEC.52; P.L.104-2022, SEC.58.
Ind. Code § 8-9.5-8-11 — Indiana Code / Title 8 / Article 9.5 / Chapter 8 / Section 8-9.5-8-11
Issuance of additional bonds
Status: in_force

Sec. 11. Notwithstanding section 10 of this chapter, if:

(1) a bond issue of the authority provides an amount less than the amount necessary to complete the toll road project or the toll bridge project for which the bonds were issued; and

(2) the trust agreement securing the bond issue provides that additional bonds may be issued to secure additional funds to provide the amount necessary to complete the project;

the authority may, without the approval of the parties listed in section 10 of this chapter, issue additional bonds to provide the funds necessary to complete the project.

As added by P.L.109-1983, SEC.3.
Ind. Code § 8-3-1.5-12 — Indiana Code / Title 8 / Article 3 / Chapter 1.5 / Section 8-3-1.5-12
Cooperation with other states
Status: in_force

Sec. 12. The department may cooperate with other states in connection with the purchase of any rail properties within this State. The department may also acquire trackage rights in other States and rail properties lying in other States in order to carry out the intentions and purposes of this chapter. In carrying out the authority conferred by this section, the department may enter into general contractual arrangements, including joint purchasing and leasing of rail properties, with other States.

Formerly: Acts 1975, P.L.79, SEC.1. As amended by Acts 1980, P.L.74, SEC.51.
Ind. Code § 8-6-1-3 — Indiana Code / Title 8 / Article 6 / Chapter 1 / Section 8-6-1-3
Surveys and reports
Status: in_force

Sec. 3. The department may require to be made ocular or instrumental surveys or reports and examinations, as may be deemed expedient, and the department shall carefully examine and consider the files, reports, and surveys of each of said highway crossings in this state, with reference to:

(1) separation of the grade, the purpose being to separate as rapidly as practicable grade crossings in this state; and

(2) a better location and consolidation of the crossings, the purpose being to have all crossings at right angles if possible.

Formerly: Acts 1913, c.182, s.3. As amended by P.L.384-1987(ss), SEC.58.
Ind. Code § 8-22-3.5-10 — Indiana Code / Title 8 / Article 22 / Chapter 3.5 / Section 8-22-3.5-10
Repealed
Status: repealed

As added by P.L.86-1991, SEC.1. Amended by P.L.1-1994, SEC.38; P.L.91-1997, SEC.9; P.L.192-2002(ss), SEC.147; P.L.1-2004, SEC.50 and P.L.23-2004, SEC.52; P.L.124-2006, SEC.8; P.L.219-2007, SEC.95. Repealed by P.L.146-2008, SEC.813.
Ind. Code § 8-23-5-5 — Indiana Code / Title 8 / Article 23 / Chapter 5 / Section 8-23-5-5
Construction of sidewalks
Status: in_force

Sec. 5. The department may construct sidewalks on and along a highway in the state highway system outside the corporate limits of a city whenever the department considers that sidewalks are necessary for the protection and safety of pedestrians.

As added by P.L.18-1990, SEC.214.
Ind. Code § 8-14.5-6-5 — Indiana Code / Title 8 / Article 14.5 / Chapter 6 / Section 8-14.5-6-5
Bond and note provisions; weighted average life
Status: in_force

Sec. 5. (a) The bonds or notes must indicate on their face:

(1) the maturity date or dates, as determined under subsection (b);

(2) the interest rate or rates (whether fixed, variable, or a combination of fixed or variable) or the manner in which the interest rate or rates will be determined if variable or adjustable rates are used;

(3) registration privileges and place of payment, including provisions for book entry obligations as set forth in IC 5-1-15;

(4) the conditions and terms under which the bonds or notes may be redeemed or prepaid before maturity; and

(5) their source of payment as set forth in section 10 of this chapter.

(b) The weighted average life of the bonds or notes may not exceed the sum of:

(1) the weighted average useful life of the project or projects to be financed from the proceeds of the bonds or notes; plus

(2) the period of construction of the project or projects.

As added by P.L.68-1988, SEC.12.
Ind. Code § 8-9.5-7-16 — Indiana Code / Title 8 / Article 9.5 / Chapter 7 / Section 8-9.5-7-16
Bonds
Status: in_force

Sec. 16. (a) For the purpose of procuring funds to pay the cost of acquisition of property or the cost of construction or installation of an automated transit system, or both, and in anticipation of the receipt of revenues under sections 17 and 18 of this chapter, the commission may by resolution direct that bonds be issued in the name of the district. The amount of such bonds shall not exceed:

(1) the total cost of property to be acquired and the total amount of damages to be awarded on account of property injuriously affected but not acquired;

(2) the price of the automated transit system;

(3) an amount sufficient to pay the cost of supervision and inspection during the period of construction;

(4) all general, administrative, legal, engineering and incidental expense not otherwise provided for and incurred on account of or in connection with the establishment of the district, the administration of its affairs, the acquisition of property, and the construction of the automated transit system; and

(5) the expenses to be incurred in connection with the issuance and sale of bonds.

Such bond issue shall also include an amount sufficient to pay any outstanding warrants issued for the purpose of obtaining funds with which to meet expenses prior to the issuance of bonds. Such bonds shall not, in any respect, be a corporate obligation or indebtedness of the city, the territory of which shall be included in whole or in part in said district, but shall be and constitute an indebtedness of the district, and shall be payable solely out of the funds of said district. The bonds shall recite such terms upon their face, together with the purpose for which they are issued.

(b) In the event the commission shall find it necessary to replace, enlarge or extend any part of the works, or construct additional works in conjunction with or separate and apart from the original works, in order to protect the district properly, and that the cost thereof will be in excess of the amount then available out of current maintenance and repair funds, the commission may issue bonds under the provisions of this section for that purpose.

(c) In the event the district shall be unable to pay any bonds or the interest thereon at the times fixed therefor, by reason of insufficiency of funds or other causes, refunding bonds may be issued and sold pursuant to the provisions of this section to obtain money for that purpose, and such refunding bonds shall be payable within such period, not exceeding ten (10) years, as the commission shall determine.

(d) All bonds issued hereunder, together with the interest thereon, shall be exempt from taxation. No suit to question the validity of any of the bonds issued under this chapter, or to prevent their issuance, shall be instituted after the time fixed in the bond sale notice for the receiving of bids thereon, and all of said bonds from and after said time shall be incontestable for any cause whatsoever.

(e) All proceeds from the sale of such bonds shall be kept by the county treasurer as a separate and specific fund designated as the "________ Automated Transit District Construction Fund." Out of said fund there shall be paid the cost of the automated transit system. No part of the same shall be used for any other purpose, and any surplus of funds remaining out of the proceeds of said bonds after all of said construction costs are paid shall become available for use by the board for expenses of maintaining the automated transit system.

As added by Acts 1982, P.L.77, SEC.1.
Ind. Code § 8-23-2-5.7 — Indiana Code / Title 8 / Article 23 / Chapter 2 / Section 8-23-2-5.7
Contract letting; budget committee review required for certain projects
Status: in_force

Sec. 5.7. (a) Before the department may proceed with contract letting for any project for which the whole project or any part of the project is estimated to cost at least two hundred fifty million dollars ($250,000,000) in any single county the project must be reviewed by the budget committee.

(b) Not later than December 31, 2026, and not later than December 31 of each calendar year thereafter, the department shall annually present to the budget committee an update on the department's long range comprehensive transportation plans.

As added by P.L.44-2026, SEC.24.
Ind. Code § 8-1.5-1-10 — Indiana Code / Title 8 / Article 1.5 / Chapter 1 / Section 8-1.5-1-10
"Utility"; "municipally owned utility"; "public utility"
Status: in_force

Sec. 10. "Utility", "municipally owned utility", and "public utility" have the meanings set forth in IC 8-1-2-1. However, notwithstanding IC 8-1-2-1(g), for purposes of IC 8-1.5-2-4 through IC 8-1.5-2-6.1, the term:

(1) "utility" includes any plant or equipment that is:

(A) used within Indiana for the collection, treatment, purification, and disposal in a sanitary manner of liquid and solid waste, sewage, night soil, and industrial waste; and

(B) acquired, owned, or operated by a municipality described in subdivision (2); and

(2) "municipally owned utility" includes a municipality that acquires, owns, or operates facilities for the collection, treatment, purification, and disposal in a sanitary manner of liquid and solid waste, sewage, night soil, and industrial waste.

As added by Acts 1982, P.L.74, SEC.1. Amended by P.L.98-2016, SEC.6.
Ind. Code § 8-23-7-8 — Indiana Code / Title 8 / Article 23 / Chapter 7 / Section 8-23-7-8
Variances and building permits; notice to department; hearing
Status: in_force

Sec. 8. If the property described in section 4 of this chapter lies within a political subdivision that has an ordinance regulating property use or requiring a building permit, the owner of the property shall give written notice to the department of an application or petition for a variance or building permit. The owner shall give notice by sending a copy of the petition or application to the department by certified mail not later than ten (10) days before a hearing is held by local authorities on the petition or application. The department may remonstrate and be heard at a hearing concerning the property by an attorney or representative.

As added by P.L.18-1990, SEC.216.
Ind. Code § 8-14-8-1 — Indiana Code / Title 8 / Article 14 / Chapter 8 / Section 8-14-8-1
Purpose
Status: in_force

Sec. 1. The intent of this chapter is to create a method of providing financial assistance to counties, cities, and towns (referred to as "units" in this chapter) which have serious road and street deficiencies. This chapter has the purpose of enhancing public safety and ensuring the free flow of commerce.

As added by Acts 1981, P.L.88, SEC.12. Amended by P.L.114-1983, SEC.1.
Ind. Code § 8-1.5-5-11 — Indiana Code / Title 8 / Article 1.5 / Chapter 5 / Section 8-1.5-5-11
Depreciation account; use of revenues
Status: in_force

Sec. 11. The revenues set aside to the depreciation account shall be expended for:

(1) the repair of the storm water system;

(2) new acquisition, construction, extensions, or additions to the property of the storm water system; or

(3) transfer to the bond and interest redemption account to prevent a default.

As added by P.L.125-1987, SEC.1.
Ind. Code § 8-3-21-3 — Indiana Code / Title 8 / Article 3 / Chapter 21 / Section 8-3-21-3
Rail passenger network financial and economic impact study
Status: in_force

Sec. 3. (a) The states of Illinois, Indiana, Kentucky, Tennessee, Georgia, and Florida (referred to in this chapter as "participating states") agree, upon adoption of this compact by the respective states, to jointly conduct and participate in a rail passenger network financial and economic impact study. The study must do the following:

(1) Carry forward research previously performed by the national railroad passenger corporation (Amtrak) (report issued December 1990) and the Evansville Amtrak task force (report issued November 1990) that evaluated the "western route" (Chicago-Evansville-Nashville-Chattanooga-Macon-Waycross-Jacksonville) for purposes of evaluating a representative service schedule, train running times, and associated costs.

(2) Include consideration of the following:

(A) The purchase of railroad equipment by a participating state and the lease of the railroad equipment to Amtrak.

(B) The recommendation that a member of the council serve on the Amtrak board of directors.

(C) The periodic review of projected passenger traffic estimates on the western route.

(D) Any other matter related to the financial and economic impact of a rail passenger network along the western route.

(b) Information and data collected during the study under subsection (a) that is requested by a participating state or a consulting firm representing a participating state or the compact may be made available to the state or firm. However, the information may not include matters not of public record or of a nature considered to be privileged and confidential unless the state providing the information agrees to waive the confidentiality.

As added by P.L.58-1992, SEC.1.
Ind. Code § 8-21-1-3 — Indiana Code / Title 8 / Article 21 / Chapter 1 / Section 8-21-1-3
Repealed
Status: repealed

Formerly: Acts 1945, c.360, s.3; Acts 1949, c.122, s.1; Acts 1975, P.L.93, SEC.3. Repealed by Acts 1980, P.L.74, SEC.434.
Ind. Code § 8-1-2.8-12 — Indiana Code / Title 8 / Article 1 / Chapter 2.8 / Section 8-1-2.8-12
Adjustment of surcharge
Status: in_force

Sec. 12. (a) The InTRAC may periodically apply to the commission for an adjustment in the amount of the monthly surcharge that a LEC must impose on its customers under this chapter. Before applying to the commission for such an adjustment, the InTRAC must do the following:

(1) Employ an independent accounting firm to review its surcharge determinations and to review and audit those accounts of the InTRAC and its members relevant to the surcharge.

(2) File with the commission in connection with its application a copy of the report prepared by the accounting firm under subdivision (1).

(b) When the InTRAC applies for an adjustment under this section, the commission may perform audits and tests to verify the calculation of the adjustment. However, the sole purpose of audits and tests by the commission must be to assure that the revenue produced by the surcharge is sufficient to cover the costs incurred by the InTRAC in providing services that meet the requirements imposed on telephone companies by the ADA. The costs incurred by the InTRAC include the following:

(1) Costs for the development, continued operation and improvement of dual party relay services that may include in appropriate circumstances in the sole discretion of the InTRAC providing telecommunications devices to deaf, hard of hearing, and speech impaired persons.

(2) The administrative costs of the InTRAC.

(3) The amount of reasonable reserves necessary to meet future costs.

(4) The amounts paid by the InTRAC to each LEC to compensate the LEC for collection, inquiry, and other administrative services it provides for the surcharges.

(5) The amounts paid by the InTRAC to each LEC to compensate the LEC for the necessary costs incurred by the LEC in facilitating inter-connection with and effecting use of the dual party relay service for their respective customers.

(c) It is the intent and purpose of this section that the InTRAC shall have available to it at all times sufficient funding to develop, provide for, and maintain dual party relay services that meet or exceed the requirements imposed by the ADA.

As added by P.L.75-1991, SEC.1. Amended by P.L.80-1996, SEC.3; P.L.109-2012, SEC.7.
Ind. Code § 8-22-3-23 — Indiana Code / Title 8 / Article 22 / Chapter 3 / Section 8-22-3-23
Budget
Status: in_force

Sec. 23. (a) The board shall annually prepare a budget for the purpose of operating and maintenance expenditures of the authority and shall calculate the tax levy necessary to provide funds for the operating expenditures necessary to carry out the powers, duties, and functions of the authority. The budget must be prepared and submitted:

(1) before or at the same time;

(2) in the same manner; and

(3) with notice;

as provided by the statutes relating to the preparation of budgets by eligible entities. The budget is subject to the same review by the department of local government finance as exists under the general statutes relating to budgets of eligible entities.

(b) If the eligible entity that established the authority is a county, city, or town, the fiscal body of that entity may review and modify the authority's operating and maintenance budget and the tax levy to meet it, in the same manner as the budgets and tax levies of executive departments of that entity are reviewed and modified. This power includes the power to reduce any item of salary.

(c) Whenever a tax levy is required to finance the budget of an authority that was established by a city or town, the fiscal body of the county also may review the budget and tax levy of the authority, unless the district:

(1) lies wholly within, or coincides with, the boundaries of a city or town;

(2) is not the recipient of funds from a county-wide tax levy made specifically for the operating and maintenance budget for that authority; and

(3) was established by the fiscal body of the city or town, acting independently.

However, the budget and tax levy of the authority are subject to review or modification by the fiscal body of the city or town with which it shares territory, in the same manner as the budgets and tax levies of the executive departments of that city or town are reviewed or modified.

(d) If an authority was established by another eligible entity or by two (2) or more eligible entities acting jointly, its operating and maintenance budget and the tax levy to meet it is subject to review and modification by the same body that reviews and modifies the budget of each of those entities in the same manner as the budgets and tax levies of those entities, including reduction of any item of salary.

(e) This subsection applies only to the airport authority established by the city of Gary. The following provisions apply if the board enters into a lease, management agreement, or other contract under an application approved by the Federal Aviation Administration under which the lessee or other operator agrees to lease, manage, or operate all or substantially all of the airport and its landing fields, air navigation facilities, and other buildings and structures owned by the authority:

(1) The board shall, to the extent permitted by federal law or any grant agreement, make distributions to the city of Gary from the payments received under the lease, management agreement, or other contract.

(2) The distributions to the city of Gary shall be made in installments and on the dates determined by the fiscal body of the city, and shall be paid to the fiscal officer of the city for deposit in the city's general fund.

(3) Money distributed to the city of Gary under this subsection may be used for any legal or corporate purpose of the city and may not be used to reduce the city's maximum levy under IC 6-1.1-18.5, but may be used at the discretion of the city fiscal body to reduce the property tax levy of the city for a particular year.

(f) The general assembly finds the following:

(1) The city of Gary faces:

(A) unique and distinct challenges due to high levels of unemployment, the character and occupancy of real estate, and the general economic conditions of the community; and

(B) unique and distinct opportunities related to transportation and economic development;

that are different in scope and type than those faced by other units of local government in Indiana.

(2) A unique approach is required to fully take advantage of the economic development potential of the city of Gary, the Gary/Chicago International Airport, and the Lake Michigan shoreline.

(3) The powers and responsibilities provided to the airport authority established by the city of Gary by subsection (e) and the other provisions of this chapter are appropriate and necessary to carry out the public purposes of encouraging economic development and further facilitating the provision of air transportation services and economic development projects in the city of Gary.

(4) The exercise of the powers and responsibilities granted to the airport authority established by the city of Gary by subsection (e) and the other provisions of this chapter is critical to economic development not only in the city of Gary, but throughout northwest Indiana, and is a public purpose.

(5) Economic development benefits the health and welfare of the people of Indiana, is a public use and purpose for which public money may be spent, and is of public utility and benefit.

[Pre-Local Government Recodification Citations: 19-6-2-25; 19-6-3-26; 19-6-3.5-27.]

As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.107-1993, SEC.2; P.L.90-2002, SEC.330; P.L.182-2009(ss), SEC.269; P.L.257-2019, SEC.79.
Ind. Code § 8-1-28-3 — Indiana Code / Title 8 / Article 1 / Chapter 28 / Section 8-1-28-3
"Public utility" defined
Status: in_force

Sec. 3. As used in this chapter, "public utility" means a public utility, a municipally owned utility, or a cooperatively owned utility.

As added by P.L.76-1991, SEC.2.
Ind. Code § 8-14.5-3-15 — Indiana Code / Title 8 / Article 14.5 / Chapter 3 / Section 8-14.5-3-15
Tax exemption
Status: in_force

Sec. 15. All property of the authority is public property devoted to an essential public and governmental function and purpose and is exempt from all taxes and special assessments of the state or any political subdivision of the state.

As added by P.L.68-1988, SEC.12.
Ind. Code § 8-15-3-24 — Indiana Code / Title 8 / Article 15 / Chapter 3 / Section 8-15-3-24
Tolls and charges; fixing and collecting; deposits
Status: in_force

Sec. 24. (a) Except as provided in subsection (b), the department may:

(1) fix, revise, charge, and collect tolls, fees, or charges for:

(A) the use of a tollway or any part of a tollway, including the right-of-way adjoining the paved part of the tollway;

(B) placing on a tollway or part of a tollway telephone, telegraph, electric light, cable, communication, gas, water, sewer, or power lines;

(C) the initiation, administration, and maintenance of customer accounts, late payment procedures, credit card and other electronic transactions, and enforcement actions for collection of unpaid amounts; and

(D) equipment used by customers in connection with electronic tolling, including transponders;

(2) fix the terms, conditions, and rates of charge for use of a tollway; and

(3) retain and use tolls, fees, or charges collected in accordance with this article.

(b) A toll or charge may not be made by the department for the following:

(1) The operation of temporary lodging facilities located upon or adjacent to a tollway.

(2) Placing in, on, along, over, or under a tollway any telephone, telegraph, electric light, cable, communication, gas, water, sewer, or power lines, equipment, or facilities that are necessary to serve establishments located on the tollway or that are necessary to interconnect any public utility facilities on one (1) side of the tollway with those on the other side.

(c) The department may fix the tolls for a tollway by establishing maximum amounts and may provide that tolls or any maximum tolls established, and any increases or decreases to those tolls or maximum tolls, may be based on the indices or methodologies that the department considers appropriate. The department may set an increased toll for any class of traffic for any lane or other part of a tollway if the department determines that an increased toll is necessary or appropriate for financing the tollway or to reduce traffic congestion, increase mobility, improve connectivity, promote fuel conservation, achieve operating efficiencies, or promote public safety. The department shall specify the times or conditions under which an increased toll will be imposed. A reduced rate of toll is not allowed within a class, except:

(1) through the use of commutation or other tickets or privileges based upon frequency or volume of use;

(2) as permitted under an electronic tolling program;

(3) as permitted under a managed lane program under section 27.5 of this chapter;

(4) as necessary, desirable, or appropriate for financing the tollway;

(5) on a part of a tollway designated by the department, in its discretion, as an area free of tolls;

(6) as determined appropriate by the department; or

(7) as permitted under a public-private agreement.

(d) A person that passes a toll gate or other area of a tollway where a toll, charge, or fee is due without paying that amount commits a Class C infraction.

As added by P.L.386-1987(ss), SEC.13. Amended by P.L.47-2006, SEC.32.
Ind. Code § 8-21-4-2 — Indiana Code / Title 8 / Article 21 / Chapter 4 / Section 8-21-4-2
Sovereignty
Status: in_force

Sec. 2. Sovereignty in the space above the lands and waters of this state is declared to rest in the state, except where granted to and assumed by the United States pursuant to a constitutional grant from the people of this state.

Formerly: Acts 1927, c.43, s.2.
Ind. Code § 8-14-9-1 — Indiana Code / Title 8 / Article 14 / Chapter 9 / Section 8-14-9-1
Repealed
Status: repealed

As added by Acts 1981, P.L.88, SEC.13. Amended by Acts 1982, P.L.1, SEC.27. Repealed by P.L.86-1988, SEC.227.
Ind. Code § 8-1-40.5-10 — Indiana Code / Title 8 / Article 1 / Chapter 40.5 / Section 8-1-40.5-10
Financing orders: petition; findings required for issuance; scope and effect; allocation of qualified costs among customer classes; securitization bond provisions
Status: in_force

Sec. 10. (a) An electric utility with qualified costs that are at least five percent (5%) of the electric utility's total jurisdictional electric rate base may file a petition with the commission for the authority to:

(1) issue securitization bonds;

(2) collect securitization charges; and

(3) encumber securitization property with a lien and security interest, as described in section 15 of this chapter.

An electric utility's qualified costs may be estimated at the time of filing a petition under this section.

(b) Not later than two hundred forty (240) days after the date a petition is filed by an electric utility under subsection (a), the commission shall conduct a hearing and issue an order on the petition. The commission shall approve the issuance of securitization bonds, the collection of securitization charges, and the encumbrance of securitization property with a lien and security interest under section 15 of this chapter if the commission:

(1) makes the findings set forth in subsection (d); and

(2) finds that the net present value of the total securitization charges to be collected under the commission's financing order under this section is less than the amount that would be recovered through traditional ratemaking if the electric utility's qualified costs were included in the electric utility's net original cost rate base and recovered over a period of not more than twenty (20) years.

Subject to subsection (c), qualified costs authorized in the commission's financing order under this section shall be allocated to the electric utility's customer classes using the same cost allocation methodology approved by the commission in the electric utility's most recent base rate proceeding.

(c) The commission may, in the financing order or in a separate docketed proceeding initiated separately from the electric utility's base rate proceedings, adjust allocations of qualified costs to avoid unreasonable rates to customers in customer classes that have experienced material changes in electric load or in the number of customers. As part of any base rate proceeding initiated during the period over which the securitization charges are to be collected, the commission shall, if the commission orders a change to cost allocation, adjust the allocation of qualified costs among the electric utility's customer classes to reflect the cost allocation approved in that base rate proceeding. An allocation adjustment made under this subsection:

(1) must ensure that the adjustment of the allocation of securitization charges:

(A) will preserve the rating of the securitization bonds; and

(B) will not impair or reduce the total securitization charges; and

(2) must be just and reasonable.

This subsection does not prohibit the commission from approving tariff language as part of a financing order that addresses the conditions upon which allocation adjustments are to be made, including the establishment of a process by which such allocation adjustments must be revised as necessary to preserve the rating of the securitization bonds.

(d) In issuing a financing order under this section, the commission must make the following findings and determinations:

(1) A determination of the amount of the electric utility's qualified costs.

(2) A finding that the proceeds of the authorized securitization bonds will be used solely for the purposes of reimbursing the electric utility for qualified costs, that the electric utility's books and records will reflect a reduction in rate base associated with the receipt of proceeds from the securitization bonds, and that such reduction will be reflected in retail rates when the securitization bonds are issued.

(3) A finding that the expected structuring and the expected pricing of the securitization bonds will result in reasonable terms consistent with market conditions and the terms of the financing order.

(4) A finding that the electric utility has demonstrated that it will make, subject to approval by the commission, capital investments in Indiana in an amount equal to or exceeding the amount of the electric utility's qualified costs, over a period of not more than seven (7) years immediately following the planned issuance date of the securitization bonds. Costs to purchase energy or capacity through a power purchase agreement do not constitute a capital investment for purposes of this subdivision. The commission may not impose any other requirement related to the use or distribution of the proceeds of the securitization bonds. However:

(A) the commission shall encourage the electric utility to use the proceeds from the securitization bonds for the construction and ownership of clean energy resources described in IC 8-1-37-4(a)(1) through IC 8-1-37-4(a)(15); and

(B) notwithstanding the issuance of the financing order, the proposed capital investments remain subject to commission approval to the extent otherwise required by this article.

(5) A finding that:

(A) the electric utility has proposed a reasonable mechanism to reflect a reduction in the electric utility's base rates and charges upon the assessment of securitization charges on customer bills, so as to remove any qualified costs from the electric utility's base rates; and

(B) the mechanism will provide timely rate savings for customers.

(6) A determination that the proposal is just and reasonable.

(e) A financing order issued under this section must set forth:

(1) the amount of qualified costs to be recovered by the electric utility; and

(2) the period over which securitization charges are to be collected, which may not exceed twenty (20) years.

(f) Securitization bonds are effective in accordance with their terms if both:

(1) the financing order under which the securitization bonds are issued; and

(2) the securitization charges authorized in that order;

are irrevocable and not subject to reduction, impairment, or adjustment by further action of the commission under IC 8-1-2-72 or any other statute or rule, except as provided in subsection (h) and section 12(c) of this chapter.

(g) Securitization bonds issued under a financing order of the commission under this section are binding in accordance with their terms, even if the financing order is later vacated, modified, or otherwise held to be invalid in whole or in part.

(h) Upon the request of an electric utility, the commission may adopt a financing order under this section authorizing the retirement and refunding of previously authorized securitization bonds if the commission finds that future securitization charges required to service new securitization bonds, including transaction costs, will be less than the future securitization charges required to service the securitization bonds to be refunded. Upon the retirement of the refunded securitization bonds, the commission shall adjust the related securitization charges accordingly.

(i) IC 8-1-2-76 through IC 8-1-2-83 do not apply to:

(1) the issuance of securitization bonds under this section; or

(2) the encumbrance of securitization property with a lien and security interest under section 15 of this chapter.

(j) A financing order is subject to appeal under IC 8-1-3.

(k) After the issuance of a financing order in response to the petition of an electric utility, the electric utility retains sole discretion regarding whether to assign, sell, or otherwise transfer securitization property or to cause securitization bonds to be issued, including the right to defer or postpone assignment, sale, transfer, or issuance. If the electric utility abandons issuance of securitization bonds under the financing order or does not cause securitization bonds to be issued not later than ninety (90) days after the date of a final, non-appealable financing order, the electric utility shall file with the commission a statement of abandonment containing the reasons for the abandonment. However, the commission may, upon petition by the electric utility, extend the ninety (90) day period set forth in this subsection for good cause shown.

(l) The commission may not refuse to allow an electric utility to recover qualified costs in a manner that is otherwise permissible, or refuse or condition authorization or approval of:

(1) the issuance and sale of securities by an electric utility; or

(2) the assumption by an electric utility of liabilities or obligations;

solely because of the potential availability of securitization bond financing.

As added by P.L.80-2021, SEC.1.
Ind. Code § 8-4.5-1-4 — Indiana Code / Title 8 / Article 4.5 / Chapter 1 / Section 8-4.5-1-4
"Commissioner"
Status: in_force

Sec. 4. "Commissioner" refers to the commissioner of the Indiana department of transportation appointed under IC 8-23-2-2.

As added by P.L.40-1995, SEC.3.
Ind. Code § 8-17-1-11 — Indiana Code / Title 8 / Article 17 / Chapter 1 / Section 8-17-1-11
Repealed
Status: repealed

Formerly: Acts 1919, c.112, s.12; Acts 1921, c.280, s.2. Repealed by Acts 1981, P.L.57, SEC.45.
Ind. Code § 8-9-12-4 — Indiana Code / Title 8 / Article 9 / Chapter 12 / Section 8-9-12-4
Counseling or trauma program
Status: in_force

Sec. 4. (a) A railroad company operating in Indiana shall establish a counseling or trauma program and provide or make available counseling or critical incident stress debriefing services to each operating crew member of a train that is:

(1) operated by the railroad company in passenger, freight, or yard service; and

(2) involved in an accident that results in death or serious bodily injury.

(b) A railroad company operating in Indiana shall file a description of the railroad company's counseling or trauma program required under subsection (a) with the Indiana department of transportation, whose sole responsibility under this section is to receive the descriptions and make the descriptions available to the public in accordance with IC 5-14-3.

(c) Before a railroad company implements one (1) or more changes to the railroad company's counseling or trauma program required under subsection (a), the railroad company must file with the Indiana department of transportation a revised description of the program that includes the changes.

As added by P.L.21-2001, SEC.1.
Ind. Code § 8-14-1-9 — Indiana Code / Title 8 / Article 14 / Chapter 1 / Section 8-14-1-9
Mandatory transfer of funds
Status: in_force

Sec. 9. (a) A written agreement between the department and a city, town, or county under IC 8-23-2-5, or a similar government cooperative statute, may provide for a mandatory transfer of funds by the state comptroller under this section if one (1) of the parties becomes more than sixty (60) days late in making a payment required by the agreement.

(b) To obtain a mandatory transfer of funds, the party to whom the funds were to be paid under terms of the written agreement must certify in writing to the state comptroller:

(1) that a written agreement between the parties authorizes the mandatory transfer of funds as provided in subsection (a);

(2) that the owing party was notified in writing of the amount owed;

(3) that the payment is more than sixty (60) days past due;

(4) the names of the parties; and

(5) the amount of the payment due.

(c) Upon receipt of a certificate as specified in subsection (b), the state comptroller shall:

(1) immediately notify the delinquent party of the claim; and

(2) if proof of payment is not furnished to the state comptroller within thirty (30) days after the delinquent party has been notified, transfer the unpaid amount from the delinquent party's allocations from the motor vehicle highway account to the other party. Transfers shall be made until the unpaid amount has been paid in full under the terms of the agreement.

As added by P.L.113-1983, SEC.2. Amended by P.L.18-1990, SEC.108; P.L.9-2024, SEC.287.
Ind. Code § 8-1-2-17 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-17
Accounts; examination and audit
Status: in_force

Sec. 17. The commission shall provide for the examination and audit of all accounts, and all items shall be allocated to the accounts in the manner prescribed by the commission.

Formerly: Acts 1913, c.76, s.20.
Ind. Code § 8-21-10-4 — Indiana Code / Title 8 / Article 21 / Chapter 10 / Section 8-21-10-4
Permit application; forms
Status: in_force

Sec. 4. Application for a permit shall be made on forms prescribed and furnished by the department or by filing a copy of the Federal Aviation Administration's Form 7460-1, Notice of Proposed Construction or Alteration, with the department.

As added by P.L.117-1983, SEC.1.
Ind. Code § 8-14.5-8-4 — Indiana Code / Title 8 / Article 14.5 / Chapter 8 / Section 8-14.5-8-4
Financing
Status: in_force

Sec. 4. The department may seek financing by the authority under this article for a project approved under this chapter.

As added by P.L.218-2017, SEC.68.
Ind. Code § 8-1-6.1-6 — Indiana Code / Title 8 / Article 1 / Chapter 6.1 / Section 8-1-6.1-6
"Protected account"
Status: in_force

Sec. 6. As used in this chapter, "protected account" means an account that is for utility service that is provided to a customer who is eligible for and has applied for assistance from a home energy assistance program administered under IC 4-4-33.

As added by P.L.36-2026, SEC.7.
Ind. Code § 8-2.1-24-16 — Indiana Code / Title 8 / Article 2.1 / Chapter 24 / Section 8-2.1-24-16
Renewal procedure; term of renewal certification
Status: in_force

Sec. 16. The annual renewal by motor carriers under this chapter is performed in the following manner:

(1) An application for renewal must be submitted on a form prescribed by the department.

(2) An application for renewal may be received by the department at any time after September 30 of the year preceding the year of certification and must be received before November 30 of the year preceding the certification year.

(3) A certification expires December 31 of each year. The department may extend the term of a certification for cause.

As added by P.L.110-1995, SEC.29.
Ind. Code § 8-15-3-29 — Indiana Code / Title 8 / Article 15 / Chapter 3 / Section 8-15-3-29
Condition and repair of tollways
Status: in_force

Sec. 29. Each tollway shall be maintained and kept in good condition and repair by the department.

As added by P.L.386-1987(ss), SEC.13.
Ind. Code § 8-1-2-119 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-119
Repealed
Status: repealed

Formerly: Acts 1913, c.76, s.130. As amended by Acts 1933, c.190, s.128. Repealed by Acts 1972, P.L.13, SEC.7.
Ind. Code § 8-1-32.3-15 — Indiana Code / Title 8 / Article 1 / Chapter 32.3 / Section 8-1-32.3-15
Permits; exemptions; areas designated for underground or buried utilities; notice of permit applications; neighborhood specific guidelines; historic preservation districts and areas; identification of owner of small cell facility and supporting structure; areas designated for underground or buried utilities after April 14, 2017, and before May 2, 2017
Status: in_force

Sec. 15. (a) This chapter applies to permits issued by a permit authority to a communications service provider, under local law and consistent with IC 36-7, for the following:

(1) Construction of a new wireless support structure.

(2) Substantial modification of a wireless support structure.

(3) Collocation of wireless facilities on an existing structure.

(4) Construction, placement, and use of small cell facilities.

(b) A permit authority may not require an application or a permit for, or charge fees for, any of the following:

(1) The routine maintenance of wireless facilities.

(2) The replacement of wireless facilities with wireless facilities that are:

(A) substantially similar to; or

(B) the same size or smaller than;

the wireless facilities being replaced.

(3) The installation, placement, maintenance, or replacement of micro wireless facilities that are suspended on cables strung between existing utility poles in compliance with applicable codes by a communications service provider that is authorized to use the public rights-of-way. For purposes of this subdivision, "applicable codes" means uniform building, fire, electrical, plumbing, or mechanical codes that are:

(A) adopted by a recognized national code organization; and

(B) enacted solely to address imminent threats of destruction of property or injury to persons;

including any local amendments to those codes.

(c) With respect to the construction, placement, or use of a small cell facility and the associated supporting structure, a permit authority may prohibit the placement of a new utility pole or a new wireless support structure in a right-of-way within an area that is designated strictly for underground or buried utilities, if all of the following apply:

(1) The area is designated strictly for underground or buried utilities before May 1, 2017.

(2) No above ground:

(A) wireless support structure;

(B) utility pole; or

(C) other utility superstructure;

other than light poles or small cell facilities approved as part of a waiver process described in subdivision (3)(C), exists in the area.

(3) The permit authority does all of the following:

(A) Allows the collocation of small cell facilities on existing:

(i) utility poles;

(ii) light poles; and

(iii) wireless support structures;

as a permitted use within the area.

(B) Allows the replacement or improvement of existing:

(i) utility poles;

(ii) light poles; and

(iii) wireless support structures;

as a permitted use within the area.

(C) Provides:

(i) a waiver;

(ii) a zoning process; or

(iii) another procedure;

that addresses requests to install new utility poles or new wireless support structures within the area.

(D) Upon receipt of an application for the construction, placement, or use of a small cell facility on one (1) or more new utility poles or one (1) or more new wireless support structures in an area that is designated strictly for underground or buried utilities, posts notice of the application on the permit authority's website, if the permit authority maintains a website. The notice of the application required by this clause must include a statement indicating that the application is available to the public upon request.

(4) The prohibition or other restrictions with respect to the placement of new utility poles or new wireless support structures within the area are applied in a nondiscriminatory manner.

(5) The area is zoned strictly for residential land use before May 1, 2017.

(d) With respect to applications for the placement of one (1) or more small cell facilities in an area that is zoned strictly for residential land use, and that is designated strictly for underground or buried utilities, a permit authority shall allow a neighborhood association or a homeowners association to register with the permit authority to:

(1) receive notice; and

(2) request that homeowners within the jurisdiction of the neighborhood association or homeowners association receive notice;

by United States mail or by electronic mail of any application filed with the permit authority for a permitted use described in subsection (c)(3)(A) or (c)(3)(B) or for the construction, placement, or use of a small cell facility on one (1) or more new utility poles or one (1) or more new wireless support structures in an area that is designated strictly for underground or buried utilities and that is within the jurisdiction of the neighborhood association or homeowners association. If the permit authority maintains a website, the permit authority shall post on the permit authority's website instructions for how a neighborhood association or homeowners association may register to receive notice under this subsection. A permit authority that receives a request under subdivision (2) may agree to provide notice to homeowners regarding a project for which applications described in this subsection have been filed with the permit authority, but not provide notice to homeowners regarding each permit application filed with the permit authority with respect to the project. A permit authority that receives a request under subdivision (2) may agree to provide notice only to certain homeowners. A permit authority may require a neighborhood association, homeowners association, or homeowner to pay the cost of postage associated with the mailed provision of notice to the neighborhood association, homeowners association, or homeowner under this subsection. A permit authority that chooses to provide mailed notice under this subsection at its own cost may choose to pass those costs along to a permit applicant. Any mailing costs passed through to an applicant under this subsection are not in addition to the application fee, and shall not increase the application fee beyond the limit set forth in section 26(a)(3) of this chapter. A permit authority may not pass through to an applicant any costs for notices provided electronically.

(e) This subsection does not apply to an application for a permitted use described in subsection (c)(3)(A) or (c)(3)(B). With respect to an area that is designated strictly for underground or buried utilities in accordance with subsection (c), to establish the standards that will apply in a waiver, zoning process, or other procedure described in subsection (c)(3)(C), a permit authority may collaborate with a neighborhood association or a homeowners association on the preferred location and reasonable aesthetics of new utility poles or new wireless support structures added within the jurisdiction of the neighborhood association or homeowners association. For purposes of this subsection, a permit authority is considered to have collaborated with a neighborhood association or a homeowners association if the permit authority adopts neighborhood specific guidelines after providing notice and allowing public comment on the proposed guidelines. A permit authority must comply with any guidelines adopted under this subsection with respect to a particular application for a permit if:

(1) the guidelines have been adopted and published before the filing of the application in a manner consistent with this subsection;

(2) subject to subsection (f), compliance with the guidelines is technically feasible and cost-efficient, as determined by the applicant; and

(3) compliance with the guidelines does not result in a prohibition of the applicant's service or an effective prohibition of the applicant's service.

A permit authority that elects not to collaborate with a neighborhood association or a homeowners association to adopt neighborhood specific guidelines under this subsection is not precluded from using the waiver, zoning process, or other procedure described in subsection (c)(3)(C) with respect to any application to place one (1) or more new utility poles or new wireless support structures within the jurisdiction of the neighborhood association or homeowners association.

(f) In demonstrating that compliance with guidelines adopted by a permit authority under subsection (e) is not technically feasible under subsection (e)(2), a permit applicant may not be required to submit information about the need for a small cell facility or the associated wireless support structure, including:

(1) information about additional wireless coverage or capacity, or increased wireless speeds;

(2) propagation maps or telecommunications traffic studies; or

(3) information about the permit applicant's business decisions with respect to:

(A) service;

(B) customer demand; or

(C) quality of service;

to or from a particular area or site.

(g) Subject to section 26(b) of this chapter, with respect to the construction, placement, or use of a small cell facility and the associated supporting structure within an area:

(1) designated as a historic preservation district under IC 36-7-11;

(2) designated as a historic preservation area under IC 36-7-11.1; or

(3) that is subject to the jurisdiction of the Meridian Street preservation commission under IC 36-7-11.2;

a permit authority may apply any generally applicable procedures that require applicants to obtain a certificate of appropriateness.

(h) An applicant for the placement of a small cell facility and an associated supporting structure shall comply with applicable:

(1) Federal Communications Commission requirements; and

(2) industry standards;

for identifying the owner's name and contact information.

(i) A resolution, ordinance, or other regulation:

(1) adopted by a permit authority after April 14, 2017, and before May 2, 2017; and

(2) that designates an area within the jurisdiction of the permit authority as strictly for underground or buried utilities;

applies only to communications service providers and those geographic areas that are zoned residential and where all existing utility infrastructure is already buried.

(j) Nothing in this section extends the time periods set forth in section 20 of this chapter.

As added by P.L.145-2015, SEC.3. Amended by P.L.261-2017, SEC.8; P.L.23-2018, SEC.1; P.L.177-2021, SEC.6; P.L.9-2022, SEC.14; P.L.1-2025, SEC.122.
Ind. Code § 8-1-17-14 — Indiana Code / Title 8 / Article 1 / Chapter 17 / Section 8-1-17-14
Sale, encumbrance, or other disposition of property
Status: in_force

Sec. 14. A local cooperative corporation may not sell, lease, exchange, mortgage, pledge, or otherwise sell all, or substantially all, of its property unless the transaction is authorized by a resolution duly adopted at a meeting of the corporation's members duly called and held as provided in section 9 of this chapter. The resolution must receive the affirmative vote of at least three-fourths (3/4) of the total number of the corporation's members who either:

(1) are present in person and voting at the meeting; or

(2) as authorized under section 9(g) of this chapter, cast a vote before the date of the meeting;

and the affirmative vote of at least three-fourths (3/4) of the corporation's directors who are present at a meeting of the board of directors duly called and held as provided in the corporation's bylaws.

Formerly: Acts 1951, c.193, s.14. As amended by P.L.59-1984, SEC.78; P.L.27-2006, SEC.44; P.L.49-2018, SEC.6.
Ind. Code § 8-4-17-1 — Indiana Code / Title 8 / Article 4 / Chapter 17 / Section 8-4-17-1
Authority for appointment
Status: in_force

Sec. 1. Every railroad corporation incorporated under IC 8-4-1 and every railroad corporation owning any railroad or the franchises thereof created under any law of this state, and the vendee, lessee, or other party owning, running, controlling, or operating any railroad into or through this state, shall file, on July 1 of each year, the name and address of a resident agent with the Indiana department of transportation. Service of process on the resident agent shall be deemed notice to the railroad company.

Formerly: Acts 1877(ss), c.31, s.1; Acts 1975, P.L.81, SEC.1. As amended by P.L.384-1987(ss), SEC.47; P.L.18-1990, SEC.55.
Ind. Code § 8-1-32-6 — Indiana Code / Title 8 / Article 1 / Chapter 32 / Section 8-1-32-6
Contaminants in private water wells; estimate of cost of extending water utility service
Status: in_force

Sec. 6. (a) Notwithstanding IC 8-1-2-103(a), if a health agency determines that an area located within a city or within a county having a consolidated city:

(1) is served by private water wells;

(2) suffers from a health hazard due to the presence of at least one (1) contaminant; and

(3) incorporates at least a portion of at least one (1) census track or block having a median household income of less than two hundred percent (200%) of the most recently determined federal income poverty level;

the health agency may direct the nearest public utility that is authorized to provide water utility service within the municipality to prepare and provide to the commission an estimate of the cost of extending water utility service to the subject area and request the commission to approve the project.

(b) The costs estimated under subsection (a) may include the following:

(1) Installing the mains and connecting service lines on properties within the subject area.

(2) Abandoning and plugging existing wells in accordance with IC 25-39-2-14 and rules adopted under IC 25-39 on properties within the subject area.

(3) Restoration of areas disturbed by the project.

(4) Other reasonable costs of extending water utility service to the subject area.

As added by P.L.94-2000, SEC.2.
Ind. Code § 8-8-7-4 — Indiana Code / Title 8 / Article 8 / Chapter 7 / Section 8-8-7-4
Operations excepted from law
Status: in_force

Sec. 4. This chapter does not apply to the use of caboose cars operated in yards and in transfer service. In case of unusual and unforeseen demands of traffic, caboose cars not constructed in compliance with this chapter may be used temporarily, provided that the railroad company desiring to use the caboose cars apply to and obtain an order from the Indiana department of transportation granting the privilege to temporarily use the same.

Formerly: Acts 1911, c.60, s.4. As amended by P.L.62-1984, SEC.121; P.L.384-1987(ss), SEC.82; P.L.18-1990, SEC.91.