Ind. Code § 8-1-42-13 — Indiana Code / Title 8 / Article 1 / Chapter 42 / Section 8-1-42-13
Underground cables; aboveground infrastructure; depth of buried cables; cables and lines outside of project site
Status: in_force

Sec. 13. Except as otherwise allowed by IC 36-7-4-1109, if a project owner installs a CSE system in a unit, all cables of up to thirty-four and one-half (34.5) kilovolts that are located between inverter locations and project substations shall be located and maintained underground, as feasible. Other solar infrastructure, such as module-to-module collection cables, transmission lines, substations, junction boxes, and other typical aboveground infrastructure may be located and maintained above ground. Buried cables shall be at a depth of at least thirty-six (36) inches below grade or, if necessitated by onsite conditions, at a greater depth. Cables and lines located outside of the CSE system project site may:

(1) be located above ground; or

(2) in the case of cables or lines of up to thirty-four and one-half (34.5) kilovolts, be buried underground at:

(A) a depth of at least forty-eight (48) inches below grade, so as to not interfere with drainage tile or ditch repairs; or

(B) another depth, as necessitated by conditions;

as determined in consultation with the landowner.

As added by P.L.90-2022, SEC.2.
Ind. Code § 8-16-1-9 — Indiana Code / Title 8 / Article 16 / Chapter 1 / Section 8-16-1-9
Repealed
Status: repealed

Formerly: Acts 1939, c.79, s.7a; Acts 1941, c.217, s.4. Repealed by Acts 1980, P.L.74, SEC.434.
Ind. Code § 8-1-31-10 — Indiana Code / Title 8 / Article 1 / Chapter 31 / Section 8-1-31-10
Petition for change in initial adjustment amount
Status: in_force

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

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

As added by P.L.94-2000, SEC.1. Amended by P.L.209-2014, SEC.11; P.L.212-2015, SEC.10.
Ind. Code § 8-23-3-2 — Indiana Code / Title 8 / Article 23 / Chapter 3 / Section 8-23-3-2
Nonapplication of chapter
Status: in_force

Sec. 2. This chapter does not apply to grants described in section 1 of this chapter applied for before July 1, 1981.

As added by P.L.18-1990, SEC.212.
Ind. Code § 8-1-2-94 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-94
Repealed
Status: repealed

Formerly: Acts 1913, c.76, s.103; Acts 1933, c.190, s.13; Acts 1935, c.293, s.1. Repealed by Acts 1982, P.L.74, SEC.6.
Ind. Code § 8-1-8.5-6 — Indiana Code / Title 8 / Article 1 / Chapter 8.5 / Section 8-1-8.5-6
Review of construction; force and effect of certificate approved under review; election to defer review
Status: in_force

Sec. 6. (a) In addition to the review of the continuing need for the facility under construction prescribed in section 5.5 of this chapter, the commission shall, at the request of the public utility, maintain an ongoing review of such construction as it proceeds. The applicant shall submit each year during construction, or at such other periods as the commission and the public utility mutually agree, a progress report and any revisions in the cost estimates for the construction.

(b) If the commission approves the construction and the cost of the portion of the facility under review, the certificate shall remain in full force and effect.

(c) If the commission disapproves of all or part of the construction or cost of the portion of the facility under review, the commission may modify or revoke the certificate.

(d) Alternatively, the public utility may elect to forego commission review under subsection (a) and defer the review of the construction and cost until completion or cancellation of the facility.

As added by P.L.43-1983, SEC.12. Amended by P.L.88-1985, SEC.12; P.L.53-1992, SEC.6.
Ind. Code § 8-1-2-28 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-28
Repealed
Status: repealed

Formerly: Acts 1913, c.76, s.31. Repealed by Acts 1979, P.L.17, SEC.55.
Ind. Code § 8-1-37-13 — Indiana Code / Title 8 / Article 1 / Chapter 37 / Section 8-1-37-13
Shareholder financial incentive; periodic rate adjustment mechanism for cost recovery; application to commission; commission's determination; duration of incentive; duration of periodic rate adjustment mechanism
Status: in_force

Sec. 13. (a) The commission may establish a shareholder incentive consisting of the authorization of an increased overall rate of return on equity, not to exceed fifty (50) basis points over a participating electricity supplier's authorized rate of return, whenever the participating electricity supplier attains a CPS goal set forth in section 12(a) of this chapter. The number of additional basis points authorized by the commission under this subsection may:

(1) be different for each of the CPS goal periods identified in section 12(a) of this chapter, as the commission determines is appropriate; and

(2) in the case of a particular participating electricity supplier, be based on the extent to which the participating electricity supplier met a particular CPS goal using clean energy resources listed in section 4(a)(1) through 4(a)(16) of this chapter.

The additional basis points authorized by the commission under this subsection for each CPS goal period are not cumulative. In determining a participating electricity supplier's authorized rate of return to which additional basis points may be added upon the participating electricity supplier's achievement of a particular CPS goal, the commission shall not include as part of the authorized rate of return any additional basis points awarded to the participating electricity supplier for having achieved the immediately preceding CPS goal.

(b) If the commission approves an electricity supplier's application under section 11(c) of this chapter, the commission shall authorize the incentive described in subsection (a) and the recovery of costs, by means of a periodic rate adjustment mechanism, as described in subsection (c), based on the following considerations:

(1) The sharing of achieved savings or as a percentage of costs.

(2) Avoided costs resulting from achieving demand side management or energy efficiency targets.

(3) The recovery of lost revenues associated with implementation of demand side management or energy efficiency initiatives.

(4) The designation of electricity produced or conserved by a clean energy resource as an energy savings for purposes of any initiative, rule, or order approved by the commission to promote the efficient use and production of electricity, including initiatives to implement demand side management, energy efficiency, or conservation measures in accordance with commission rules.

(c) If the commission approved an electricity supplier's application under section 11(c) of this chapter, the commission shall permit the recovery, by means of a periodic rate adjustment mechanism, of all just, reasonable, and necessary program costs incurred by a participating electricity supplier in:

(1) constructing, operating, or maintaining facilities that generate clean energy that:

(A) is used by the participating electricity supplier in its efforts to meet a CPS goal set forth in section 12(a) of this chapter; and

(B) meets the requirements set forth in section 12(c) of this chapter; or

(2) otherwise generating or purchasing clean energy that is used by the participating electricity supplier in its efforts to meet a CPS goal set forth in section 12(a) of this chapter.

For purposes of this subsection and subsection (h)(1), "program costs" includes administrative costs, ancillary costs, capacity costs, costs associated with CECs, capital costs, depreciation costs, tax costs, and financing costs incurred in connection with an activity described in subdivision (1) or (2).

(d) A participating electricity supplier that seeks an incentive established by the commission under subsection (a) or a periodic rate adjustment mechanism established by the commission under subsection (c) must apply to the commission:

(1) in the manner and on a form prescribed by the commission; and

(2) not later than any dates specified by the commission in rules adopted under section 10 of this chapter;

for approval for the incentive or periodic rate adjustment mechanism sought.

(e) The commission shall review an application filed under this section for completeness. The commission may request additional information the commission considers necessary to aid in the commission's review.

(f) The commission shall, after notice and hearing, issue a determination of a participating electricity supplier's eligibility for the financial incentive or periodic rate adjustment mechanism sought. The commission shall issue a determination under this subsection not later than one hundred twenty (120) days after the date of the application, unless the commission finds that the applicant has not cooperated fully in the proceeding.

(g) Subject to the participating electricity supplier's continuing compliance with the applicable CPS goal, as determined according to the measurement and evaluation procedures described in section 10(b)(1)(B) of this chapter, a shareholder incentive described in subsection (a) continues in effect until the earlier of the following:

(1) A time or upon an event specified in the commission's order approving the shareholder incentive.

(2) The commission issues a new order authorizing the participating electricity supplier to receive a shareholder incentive for meeting the next CPS program goal.

(h) Subject to the participating electricity supplier's continuing compliance with the applicable CPS goal, as determined according to the measurement and evaluation procedures described in section 10(b)(1)(B) of this chapter, a periodic rate adjustment mechanism described in subsection (c) continues in effect until the earlier of the following:

(1) The participating electricity supplier has recovered the program costs for which the periodic rate adjustment mechanism was allowed.

(2) A time or upon an event specified in the commission's order approving the periodic rate adjustment mechanism.

As added by P.L.150-2011, SEC.16. Amended by P.L.83-2023, SEC.7.
Ind. Code § 8-15.7-4-5 — Indiana Code / Title 8 / Article 15.7 / Chapter 4 / Section 8-15.7-4-5
Power to withdraw or modify request, seek revised proposals, or decline to award a public-private agreement
Status: in_force

Sec. 5. In addition to any other rights under this article, in connection with any procurement under this chapter, the department may:

(1) withdraw a request for qualifications or a request for proposals at any time and, in its discretion, publish a new request for qualifications or request for proposals;

(2) decline to award a public-private agreement for any reason;

(3) request clarifications to any qualification submittal or request for proposals or seek one (1) or more revised proposals or one (1) or more best and final offers;

(4) modify the terms, provisions, and conditions of a request for qualification, request for proposals, technical specifications, or form of public-private agreement during the pendency of a procurement; and

(5) interview offerors.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-1-8.9-7 — Indiana Code / Title 8 / Article 1 / Chapter 8.9 / Section 8-1-8.9-7
"Qualified order" defined
Status: in_force

Sec. 7. As used in this chapter, "qualified order" means a final and irrevocable order that:

(1) is issued by the commission; and

(2) approves a qualified contract adopted in accordance with this chapter and IC 8-1-2-42.1.

As added by P.L.175-2007, SEC.21.
Ind. Code § 8-14.5-2-12 — Indiana Code / Title 8 / Article 14.5 / Chapter 2 / Section 8-14.5-2-12
Transportation systems
Status: in_force

Sec. 12. "Transportation systems" means any facilities for the movement of vehicular traffic owned, leased, or operated by the state or the authority.

As added by P.L.68-1988, SEC.12.
Ind. Code § 8-25-5-8 — Indiana Code / Title 8 / Article 25 / Chapter 5 / Section 8-25-5-8
Execution and attestation of bonds
Status: in_force

Sec. 8. Bonds issued by the county under this chapter must be executed by the manual or facsimile signatures of the executive and attested to by the county auditor.

As added by P.L.153-2014, SEC.17.
Ind. Code § 8-15.7-13-1 — Indiana Code / Title 8 / Article 15.7 / Chapter 13 / Section 8-15.7-13-1
Maximum term of public-private agreement
Status: in_force

Sec. 1. The term of a public-private agreement, including all extensions, may not exceed seventy-five (75) years. For purposes of measuring the term, the term begins on the date on which operations of a part of the qualifying project by the operator commences.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-4.5-1-5 — Indiana Code / Title 8 / Article 4.5 / Chapter 1 / Section 8-4.5-1-5
"Departments"
Status: in_force

Sec. 5. "Departments" refers to the Indiana department of transportation and the department of natural resources acting jointly under this article.

As added by P.L.40-1995, SEC.3.
Ind. Code § 8-14.5-7-5 — Indiana Code / Title 8 / Article 14.5 / Chapter 7 / Section 8-14.5-7-5
Issuance of grant anticipation revenue bonds or notes
Status: in_force

Sec. 5. The authority may, by resolution, after budget committee review, issue grant anticipation revenue bonds or notes for any purpose that is authorized by IC 8-14.5-6 and for which the department may use federal highway revenues.

As added by P.L.246-2005, SEC.83. Amended by P.L.173-2025, SEC.15.
Ind. Code § 8-23-17-4 — Indiana Code / Title 8 / Article 23 / Chapter 17 / Section 8-23-17-4
"Business" defined
Status: in_force

Sec. 4. As used in this chapter, "business" means any lawful activity, excepting a farm operation, conducted primarily:

(1) for the purchase, sale, lease, and rental of personal and real property, and for the manufacture, processing, or marketing of products, commodities, or any other personal property;

(2) for the sale of services to the public;

(3) by a nonprofit organization; or

(4) solely for the purposes of section 13 of this chapter, for assisting in the purchase, sale, resale, manufacture, processing, or marketing of products, commodities, personal property, or services by the erection and maintenance of an outdoor advertising display or displays, whether or not the display or displays are located on the premises on which any of the above activities are conducted.

As added by P.L.18-1990, SEC.226.
Ind. Code § 8-3-1-21.3 — Indiana Code / Title 8 / Article 3 / Chapter 1 / Section 8-3-1-21.3
Improvement of street or highway intersecting railroad right-of-way; notice and assessment of cost to owner
Status: in_force

Sec. 21.3. (a) When a public street or highway intersects with a railroad right-of-way that is not owned by a railroad, the public agency with jurisdiction over the street or highway may:

(1) remove any crossing control devices;

(2) remove railroad insignia, rails, or ties; or

(3) reconstruct the highway so that it conforms with the standards of the intersecting street or highway.

(b) The public agency may not proceed under subsection (a) until the owner of the railroad right-of-way is given written notice of the agency's intention to undertake the work.

(c) The cost of the work shall be documented and charged to the owner, and if not paid by the owner, the cost may be added to the owner's property tax statement of current and delinquent taxes and special assessments under IC 6-1.1-22-8.1.

As added by P.L.95-1985, SEC.1. Amended by P.L.3-2008, SEC.74.
Ind. Code § 8-1.5-6-13 — Indiana Code / Title 8 / Article 1.5 / Chapter 6 / Section 8-1.5-6-13
Petition not subject to certain requirements
Status: in_force

Sec. 13. A petition filed under this chapter is not subject to the following:

(1) IC 8-1.5-3.

(2) IC 36-9-23.

(3) IC 36-9-25.

As added by P.L.213-2014, SEC.7.
Ind. Code § 8-19-7-3 — Indiana Code / Title 8 / Article 19 / Chapter 7 / Section 8-19-7-3
Payment for work; collections
Status: in_force

Sec. 3. If any petitioner fails to pay for any work, the charges shall be charged by the county auditor on the county tax duplicate against that person, and shall be collected in the same manner as taxes. Any amount collected by the county treasurer shall be turned over to the county auditor and credited to the county road fund under section 2 of this chapter.

Formerly: Acts 1943, c.96, s.3. As amended by P.L.86-1988, SEC.166.
Ind. Code § 8-25-6-6 — Indiana Code / Title 8 / Article 25 / Chapter 6 / Section 8-25-6-6
Certification of election returns
Status: in_force

Sec. 6. After an election on the local public question, the circuit court clerk of the eligible county in which the township is located shall:

(1) make a certified copy of the election returns; and

(2) not later than five (5) days after the election, file the copy with:

(A) the department of state revenue;

(B) the fiscal body of the county; and

(C) the fiscal body of the township.

As added by P.L.153-2014, SEC.17.
Ind. Code § 8-2.1-20-2 — Indiana Code / Title 8 / Article 2.1 / Chapter 20 / Section 8-2.1-20-2
Repealed
Status: repealed

As added by P.L.99-1989, SEC.11. Repealed by P.L.110-1995, SEC.35.
Ind. Code § 8-16-15.5-14 — Indiana Code / Title 8 / Article 16 / Chapter 15.5 / Section 8-16-15.5-14
Property taxes; special assessments; exemption
Status: in_force

Sec. 14. All property of the bridge 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.

As added by P.L.185-2018, SEC.27.
Ind. Code § 8-15-2-15 — Indiana Code / Title 8 / Article 15 / Chapter 2 / Section 8-15-2-15
Deposit of funds
Status: in_force

Sec. 15. (a) All moneys received pursuant to the authority of this chapter, whether as proceeds from the sale of bonds or as revenues, shall be deemed to be trust funds, to be held and applied solely as provided in this chapter. Such funds shall be kept in depositories as selected by the authority and may be invested until expended, all as provided by law.

(b) The resolution authorizing the issuance of bonds of any issue or the trust agreement securing such bonds shall provide that any officer to whom, or any bank or trust company to which, such moneys shall be paid shall:

(1) act as trustee of such moneys; and

(2) hold and apply the same for the purposes of this chapter, subject to such regulations as this chapter and such resolution or trust agreement may provide.

(c) This section does not apply to money paid or received with respect to a toll road project that is the subject of a public-private agreement under IC 8-15.5.

Formerly: Acts 1951, c.281, s.15. As amended by Acts 1980, P.L.74, SECS.245, 246; P.L.109-1983, SEC.20; P.L.47-2006, SEC.14.
Ind. Code § 8-1-32.3-12.5 — Indiana Code / Title 8 / Article 1 / Chapter 32.3 / Section 8-1-32.3-12.5
"Wireless communications service"
Status: in_force

Sec. 12.5. As used in this chapter, "wireless communications service" means services, whether mobile or at a fixed location, that are provided using wireless facilities through licensed or unlicensed spectrum.

As added by P.L.261-2017, SEC.5.
Ind. Code § 8-1-46-21 — Indiana Code / Title 8 / Article 1 / Chapter 46 / Section 8-1-46-21
Multi-year rate plans; electricity supplier's case in chief; base rates; authorized return; customer affordability performance metric, service restoration, and PIM; separate consideration from rate adjustment mechanisms; exclusion and deferment of costs
Status: in_force

Sec. 21. (a) The following apply to a multi-year rate plan under this chapter:

(1) An electricity supplier's petition for approval of a multi-year rate plan under this chapter must include the electricity supplier's:

(A) case in chief (as defined in IC 8-1-2-42.7(c), including the electricity supplier's proposed:

(i) revenue requirement; and

(ii) base rates for each customer class; and

(B) proposed test period using forward looking periods the close of which correspond with the end of the second and third rate years in the electricity supplier's multi-year rate plan;

for each of the rate years in the multi-year rate plan.

(2) The base rates for the first rate year of an electricity supplier's multi-year rate plan shall be established by the commission in the same manner that base rates would be established in a proceeding for a change in the electricity supplier's basic rates and charges that occurs outside of a multi-year rate plan, based on an appropriate test year under IC 8-1-2-42.7(e) used to determine the electricity supplier's actual and pro forma operating revenues, expenses, and operating income under current and proposed rates, adjusted for changes that are fixed, known, and measurable for ratemaking purposes and that occur within a reasonable time after the end of the test year.

(3) The base rates for the second and third rate years of an electricity supplier's multi-year rate plan shall be established using:

(A) changes in the electricity supplier's net plant in service from the end of the immediately preceding rate year, including any difference between:

(i) actual net plant in service at the end of the rate year; and

(ii) the projected net plant in service used in the electricity supplier's test period for that rate year; and

(B) changes in the net balance of any regulatory asset or liability from the end of the immediately preceding rate year.

As used in this subdivision, "net plant in service" refers to both utility plant in service and accumulated depreciation.

(4) In establishing an electricity supplier's authorized return for the electricity supplier's multi-year rate plan, the commission shall consider any increased or decreased risk to:

(A) the electricity supplier; and

(B) the electricity supplier's ratepayers;

that may result from the implementation of the multi-year rate plan.

(5) For each rate year in an electricity supplier's multi-year rate plan, the following apply:

(A) A customer affordability performance metric that:

(i) is determined by the commission under section 23 of this chapter for that rate year;

(ii) is based on the most recent customer affordability performance report submitted to the commission by the electricity supplier under section 18 of this chapter; and

(iii) is used by the commission to establish a customer affordability PIM that applies to that rate year.

(B) A customer affordability PIM that:

(i) is based on the electricity supplier's performance in meeting the customer affordability performance metric described in clause (A); and

(ii) provides financial rewards or penalties to the electricity supplier based on that performance in accordance with section 23 of this chapter.

(C) A service performance restoration metric that:

(i) is determined by the commission under section 24 of this chapter for that rate year;

(ii) is based on the most recent service restoration performance report submitted to the commission by the electricity supplier under section 19 of this chapter; and

(iii) is used by the commission to establish a service restoration PIM that applies to that rate year.

(D) A service restoration PIM that:

(i) is based on the electricity supplier's performance in meeting the service restoration performance metric described in clause (C); and

(ii) provides financial rewards or penalties to the electricity supplier based on that performance in accordance with section 24 of this chapter.

(b) An electricity supplier's petition for approval of a multi-year rate plan under this chapter may include alternative regulatory practices, procedures, accounting treatments, and mechanisms that are consistent with this chapter.

(c) A multi-year rate plan under this chapter shall be considered separately by the commission from all:

(1) rate adjustment mechanisms, including the fuel adjustment charge under IC 8-1-2-42; and

(2) other cost recovery mechanisms;

otherwise allowed by law, unless otherwise incorporated into the multi-year rate plan. In an electricity supplier's first petition for a multi-year rate plan under this chapter, the electricity supplier shall include a plan to incorporate planned capital expenditures, subject to preapproval by the commission, into the electricity supplier's subsequent multi-year rate plans under this chapter.

(d) An electricity supplier may elect to:

(1) exclude from its proposed multi-year rate plan; and

(2) defer for consideration by the commission and for future recovery;

costs incurred or to be incurred in a regulatory asset, to the extent those specific costs are incremental and are not otherwise already included for recovery in the electricity supplier's rates, as authorized by IC 8-1-2-10.

As added by P.L.36-2026, SEC.10.
Ind. Code § 8-15-2-5.5 — Indiana Code / Title 8 / Article 15 / Chapter 2 / Section 8-15-2-5.5
Policing of toll roads
Status: in_force

Sec. 5.5. (a) The authority may, if it determines to do so:

(1) employ its own police officers for the purpose of policing any toll road under its jurisdiction;

(2) designate one (1) or more of such officers for the purpose of policing any toll road under its jurisdiction; and

(3) designate one (1) of such officers as chief or superintendent.

(b) The police officers so employed by the authority are vested with all necessary police powers to enforce the provisions of the laws of the state of Indiana and without writ or warrant for violation thereof when committed in their presence. To this end, police officers employed by the authority shall be peace officers and shall have within the property limits of the toll road project the same powers with respect to the enforcement of laws as have sheriffs, constables, and police officers in their respective jurisdictions. Any warrant of arrest or search warrant issued by proper authority of the state may be executed by any police officers employed by the authority within the property limits of the toll road project.

(c) All uniformed police officers employed by the authority shall carry arms, and nonuniformed police officers employed by the authority may carry arms if in the performance of their duties.

Formerly: Acts 1971, P.L.99, SEC.8. As amended by Acts 1981, P.L.41, SEC.54; P.L.109-1983, SEC.8.
Ind. Code § 8-17-1-40 — Indiana Code / Title 8 / Article 17 / Chapter 1 / Section 8-17-1-40
Traffic rules
Status: in_force

Sec. 40. A county legislative body may adopt ordinances regulating traffic on any highway in the county highway system, subject to IC 9-21.

Formerly: Acts 1919, c.112, s.40. As amended by P.L.86-1988, SEC.102; P.L.113-1989, SEC.6; P.L.2-1991, SEC.61.
Ind. Code § 8-14-1-3.5 — Indiana Code / Title 8 / Article 14 / Chapter 1 / Section 8-14-1-3.5
Repealed
Status: repealed

As added by P.L.218-2017, SEC.62. Repealed by P.L.185-2018, SEC.22.
Ind. Code § 8-2.1-22-29 — Indiana Code / Title 8 / Article 2.1 / Chapter 22 / Section 8-2.1-22-29
Operation and impoundment of motor vehicle for hire; operating authority required
Status: in_force

Sec. 29. (a) A person may not operate any motor vehicle over the public highways for hire, unless the operations are specifically exempt under this chapter, without first having obtained appropriate operating authority from the department to do so, and having otherwise complied with all other applicable provisions of this chapter.

(b) The department or the state police department may apply to an administrative law judge of the department or a court with jurisdiction for an order to impound a motor vehicle that is offered by a motor carrier to the general public for the transportation of passengers for hire if:

(1) the motor carrier has not obtained the required authority from the department to operate the motor vehicle for hire; and

(2) there is probable cause to believe that the motor vehicle has been operated on an Indiana highway to transport passengers for hire.

A hearing on an application to impound a motor vehicle under this subsection may not be held sooner than three (3) days after the date on which a notice of hearing on the application is served on the motor carrier. The motor carrier may contest the application to impound the motor vehicle at the hearing.

(c) A motor carrier that operated a motor vehicle impounded under this section may not obtain possession of the impounded motor vehicle unless the motor carrier obtains the required authority to operate the motor vehicle for hire.

As added by P.L.99-1989, SEC.13. Amended by P.L.176-2006, SEC.8.
Ind. Code § 8-1-40-8 — Indiana Code / Title 8 / Article 1 / Chapter 40 / Section 8-1-40-8
"Premises"
Status: in_force

Sec. 8. As used in this chapter, "premises" means a single tract of land on which a customer consumes electricity for residential, business, or other purposes.

As added by P.L.264-2017, SEC.6.
Ind. Code § 8-2.1-25-1 — Indiana Code / Title 8 / Article 2.1 / Chapter 25 / Section 8-2.1-25-1
"Motor bus" defined
Status: in_force

Sec. 1. As used in this chapter, "motor bus" means any motor vehicle:

(1) weighing more than eleven thousand (11,000) pounds; and

(2) being operated in furtherance of a commercial enterprise.

As added by P.L.86-1997, SEC.1.
Ind. Code § 8-15.5-10-2 — Indiana Code / Title 8 / Article 15.5 / Chapter 10 / Section 8-15.5-10-2
Contracts necessary for performance of authority's or other governmental entity's duties
Status: in_force

Sec. 2. (a) The authority may make and enter into all contracts and agreements necessary or incidental to the performance of the authority's duties and the execution of the authority's powers under this article. These contracts or agreements are not subject to any approvals other than the approval of the authority and may be for any term of years and contain any terms that are considered reasonable by the authority.

(b) The department and any other governmental entity may make and enter into all contracts and agreements necessary or incidental to the performance of the duties and the execution of the powers granted to the department or the governmental entity in accordance with this article or the public-private agreement, including the transfer to the authority of the real property interests, fixtures, equipment, and improvements that are reasonably required for the project and the public-private agreement. These contracts or agreements are not subject to any approvals other than the approval of the department or governmental entity and may be for any term of years and contain any terms that are considered reasonable by the department or the governmental entity.

As added by P.L.47-2006, SEC.39. Amended by P.L.91-2014, SEC.32; P.L.213-2015, SEC.119.
Ind. Code § 8-15.7-2-18 — Indiana Code / Title 8 / Article 15.7 / Chapter 2 / Section 8-15.7-2-18
"Request for qualifications"
Status: in_force

Sec. 18. "Request for qualifications" means all materials and documents prepared by or on behalf of the department to solicit qualification submittals from offerors to enter into a public-private agreement.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-1-2-13 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-13
Forms; conduct of business
Status: in_force

Sec. 13. The commission shall cause to be prepared suitable blanks for carrying out the purpose of this chapter and shall, when necessary, furnish such blanks to each public utility.

Formerly: Acts 1913, c.76, s.16. As amended by P.L.59-1984, SEC.14.
Ind. Code § 8-10-1-7.1 — Indiana Code / Title 8 / Article 10 / Chapter 1 / Section 8-10-1-7.1
Repealed
Status: repealed

As added by P.L.5-1996, SEC.10. Amended by P.L.98-2008, SEC.16. Repealed by P.L.177-2011, SEC.5.
Ind. Code § 8-21-9-33 — Indiana Code / Title 8 / Article 21 / Chapter 9 / Section 8-21-9-33
Repealed
Status: repealed

Formerly: Acts 1971, P.L.105, SEC.2. Repealed by Acts 1980, P.L.74, SEC.434.
Ind. Code § 8-14-1-4.1 — Indiana Code / Title 8 / Article 14 / Chapter 1 / Section 8-14-1-4.1
PASER rating; permissible uses of funds; requirement
Status: in_force

Sec. 4.1. (a) This section applies:

(1) beginning after June 30, 2026; and

(2) to all counties except a county containing a consolidated city as described in section 4(c) of this chapter and only if the county uses the PASER rating system.

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

(c) If in the preceding calendar year:

(1) a county's highways have an average PASER rating of at least six (6); and

(2) not more than fifteen percent (15%) of the county's highways are in failed condition, as represented by a PASER rating of one (1) or two (2);

the county shall use at least forty percent (40%) of the money distributed from the motor vehicle highway account for the construction, reconstruction, and preservation of the county's highways.

As added by P.L.173-2025, SEC.8.
Ind. Code § 8-1-32.5-16 — Indiana Code / Title 8 / Article 1 / Chapter 32.5 / Section 8-1-32.5-16
Ineligibility of certain communications service providers for property tax exemptions
Status: in_force

Sec. 16. A communications service provider, including a public utility that provides communications service, is not eligible for a property tax exemption under IC 6-1.1 for facilities and technologies used in the deployment and transmission of broadband service in an area where a communications service provider provides wireline broadband service.

As added by P.L.256-2013, SEC.15.
Ind. Code § 8-18-20-16 — Indiana Code / Title 8 / Article 18 / Chapter 20 / Section 8-18-20-16
Rules of directors; quorum; majority vote
Status: in_force

Sec. 16. (a) The directors may adopt the rules and bylaws they consider necessary for the proper conduct of their proceedings, the performance of their duties, and the safeguarding of the funds and property of the toll road authority.

(b) A majority of the directors constitutes a quorum, and the concurrence of a majority of the directors is necessary to authorize any action by the directors.

As added by P.L.386-1987(ss), SEC.20.
Ind. Code § 8-5-15-12 — Indiana Code / Title 8 / Article 5 / Chapter 15 / Section 8-5-15-12
Revenue refunding bonds
Status: in_force

Sec. 12. (a) The board may provide by resolution for the issuance of revenue refunding bonds of the district or revenue advance refunding bonds of the district, payable solely from revenues, for the purpose of refunding or advance refunding any bonds then outstanding that have been issued under 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, if considered advisable by the board, for the additional purpose of constructing improvements, extensions, or enlargements of the railroad in connection with which the bonds to be refunded have been issued.

(b) The issuance of the bonds, the maturities and other details of the bonds, the rights of the bondholders, and the rights, duties, and obligations of the board in respect to the bonds, shall be governed by this chapter insofar as it may be applicable.

As added by P.L.64-1984, SEC.8.
Ind. Code § 8-19-3-5 — Indiana Code / Title 8 / Article 19 / Chapter 3 / Section 8-19-3-5
Repealed
Status: repealed

Formerly: Acts 1921, c.178, s.5. As amended by P.L.66-1984, SEC.116. Repealed by P.L.86-1988, SEC.227.
Ind. Code § 8-1-2-87.5 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-87.5
Transportation of gas; necessity certificate; application; public hearing; grounds for granting certificate; revocation
Status: in_force

Sec. 87.5. (a) For purposes of this section, "transportation of gas" means physical transmission, exchange, backhaul, displacement, or any other means of transporting gas, including gathering.

(b) Any person, corporation, or other entity that:

(1) is engaged in the transportation of gas from outside Indiana for direct sale or delivery to any end use consumer or consumers within this state;

(2) is engaged in the transportation of gas solely within this state on behalf of any end use consumer or consumers; or

(3) is an end use consumer engaged in the transportation within this state of gas owned or acquired by such end use consumer for use in this state, other than transportation on the premises where the gas is consumed;

is a public utility as defined in section 1 of this chapter and must obtain a necessity certificate from the commission before it may engage in any activities described in this subsection. This subsection does not apply to a gas utility operating pursuant to an indeterminate permit or necessity certificate issued under section 87 of this chapter, nor to the production, sale, and gathering of natural gas produced in Indiana.

(c) As a condition for receiving the necessity certificate, such person, corporation, or entity desiring to engage in the activities described in subsection (b) shall file an application with the commission. The commission shall hold a public hearing on the application and provide notice in accordance with IC 8-1-1-8. The commission shall prescribe the form of the application, the procedure for the hearing, and the parties to whom notice is to be sent.

(d) Any interested person, including any gas utility authorized to render gas distribution service within the service area covered by the application, may appear either in person or by attorney and offer evidence in support of or in opposition to the application. The applicant has the burden of proving each of the matters specified in this section. The commission may conduct an investigation and introduce any evidence obtained as a result of the investigation at the hearing.

(e) The commission shall grant the necessity certificate only if the commission has found from the evidence that:

(1) the applicant has the power and authority to obtain the certificate and render the requested service;

(2) the applicant has the financial ability to provide the requested service;

(3) public convenience and necessity require the providing of the requested service giving consideration to the availability of gas service from any gas utility authorized to serve end use customers within the geographic area covered by the application; and

(4) the public interest will be served by the issuance of the necessity certificate.

(f) The commission may revoke a necessity certificate in whole or in part after a public hearing is held if:

(1) the holder fails to comply with any applicable order or rule prescribed by the commission;

(2) the holder fails to comply with any term, condition, or limitation of the necessity certificate; or

(3) the holder requests the commission to revoke the necessity certificate.

(g) An end use consumer determined to be a public utility under subsection (b) may not exercise the power of eminent domain granted under IC 8-1-8. The limitations contained in sections 76 through 81 of this chapter do not apply to issues of stock or certificates of stock, bonds, notes, or other evidence of indebtedness issued by an end use consumer determined to be a public utility under subsection (b).

(h) This section applies to sales or transportation of natural gas to end users under contracts or agreements entered into after May 31, 1985. It does not apply to sales or transportation of natural gas to end users under contracts or agreements entered into before June 1, 1985, or any renewals or extensions of those contracts or agreements.

As added by P.L.89-1985, SEC.1.
Ind. Code § 8-1-8.9-8 — Indiana Code / Title 8 / Article 1 / Chapter 8.9 / Section 8-1-8.9-8
"Substitute natural gas" defined
Status: in_force

Sec. 8. As used in this chapter, "substitute natural gas" or "SNG" has the meaning set forth in IC 8-1-2-42.1(a).

As added by P.L.175-2007, SEC.21.
Ind. Code § 8-1.5-4-17 — Indiana Code / Title 8 / Article 1.5 / Chapter 4 / Section 8-1.5-4-17
Appeals
Status: in_force

Sec. 17. (a) A person who has remonstrated in writing and is aggrieved by the decision of the board may, within thirty (30) days, take an appeal to the circuit or superior court of the county in which the waterworks district is located.

(b) A remonstrator desiring to appeal from the action of the board shall, within thirty (30) days after the final action of the board, file in the office of the clerk of the circuit or superior court a copy of the order of the board and the remonstrance, together with a bond conditioned to pay the costs of the appeal, should the appeal be determined against him.

(c) The court may hear the appeal only if the question is whether the board acted arbitrarily or capriciously in adopting the resolution.

(d) The cause shall be tried to the court without a jury.

(e) All remonstrances upon which appeals are taken may be consolidated and heard as one (1) claim for relief by the court.

As added by Acts 1982, P.L.74, SEC.1.
Ind. Code § 8-1-7.9-22 — Indiana Code / Title 8 / Article 1 / Chapter 7.9 / Section 8-1-7.9-22
Petition for approval of project to serve large load customer; requirements for submission; financial assurances by large load customer; projects serving multiple locations or customers
Status: in_force

Sec. 22. (a) This section applies to an energy utility that petitions the commission for approval of a project to serve a large load customer.

(b) An energy utility may submit to the commission a petition for approval of a project to serve a large load customer only if the following are satisfied:

(1) The petition concerns serving the energy needs of a large load customer.

(2) The large load customer commits to significant and meaningful financial assurances that must:

(A) include reimbursement by the large load customer of at least eighty percent (80%) of the project costs reasonably allocable to the large load customer; and

(B) afford protections for the energy utility's existing and future customers from project costs reasonably allocable to the large load customer regardless of whether the large load customer ultimately takes service in the anticipated amount and within the anticipated time frame.

(3) At least thirty (30) days before the energy utility's submission of the petition to the commission, the energy utility held at least one (1) pre-filing meeting with:

(A) the corporation;

(B) the office;

(C) the office of utility consumer counselor;

(D) the appropriate regional transmission organization; and

(E) the large load customer;

to review the project.

(c) An energy utility may petition the commission for approval of a project to serve:

(1) one (1) or more large load customers at one (1) or more locations; or

(2) not more than four (4) customers whose aggregate demand satisfies the amount set forth in section 10(1) of this chapter.

In any case in which more than one (1) large load customer is to be served by a project, a reference in this chapter to one (1) large load customer is a reference to all large load customers to be served by the project, in accordance with IC 1-1-4-1(3).

(d) In submitting a petition to the commission under this section, an energy utility must demonstrate that the large load customer and the associated projects meet the requirements of this chapter.

As added by P.L.217-2025, SEC.2.
Ind. Code § 8-1-32-9 — Indiana Code / Title 8 / Article 1 / Chapter 32 / Section 8-1-32-9
Rate adjustment not general increase in basic rates and charges; subject to further adjustment
Status: in_force

Sec. 9. A rate adjustment authorized under section 7 of this chapter:

(1) is not considered as a general increase in the local public utility's basic rates and charges for purposes of IC 8-1-2-42(a); and

(2) may be further adjusted by the commission to reflect actual project costs upon petition by the local public utility or the office of the utility consumer counselor.

As added by P.L.94-2000, SEC.2.
Ind. Code § 8-22-2-13 — Indiana Code / Title 8 / Article 22 / Chapter 2 / Section 8-22-2-13
Sale of minerals or mineral rights
Status: in_force

Sec. 13. The board of an eligible entity may, upon resolution of the board, sell the minerals or mineral rights or royalties, or grant leases for the removal of a mineral in or under an airport or landing field owned by the entity. They shall be sold or leased in the same manner as land is sold or leased under this chapter, and the proceeds derived from these sources shall be deposited with the treasurer of the entity in the aviation fund of the entity and expended as provided by statute for the proceeds of the sale of aviation lands. However, no sale or lease for more than one (1) year may be made, except to the highest and best bidder, after notice of sale or lease has been given within the boundaries of the entity in accordance with IC 5-3-1, the last publication having been made at least one (1) week before the date of the sale or lease.

[Pre-Local Government Recodification Citation: 19-6-1-14.]

As added by Acts 1980, P.L.8, SEC.73. Amended by Acts 1980, P.L.78, SEC.1.
Ind. Code § 8-23-29-1 — Indiana Code / Title 8 / Article 23 / Chapter 29 / Section 8-23-29-1
"Study"
Status: in_force

Sec. 1. As used in this chapter, "study" refers to the study of transportation infrastructure funding mechanisms that is the subject of the contract described in section 2 of this chapter.

As added by P.L.208-2014, SEC.1.
Ind. Code § 8-1-8.8-6 — Indiana Code / Title 8 / Article 1 / Chapter 8.8 / Section 8-1-8.8-6
"Eligible business"
Status: in_force

Sec. 6. As used in this chapter, "eligible business" means a business that is an energy utility (as defined in IC 8-1-2.5-2), a joint agency (as defined in IC 8-1-2.2-2), or an owner of a coal gasification facility and that:

(1) proposes to construct or repower a new energy production or generating facility;

(2) proposes to construct or repower a project described in section 2(1) or 2(2) of this chapter;

(3) undertakes a project to develop alternative energy sources, including renewable energy resource projects or coal gasification facilities;

(4) purchases fuels or energy produced by a coal gasification facility or by a nuclear energy production or generating facility; or

(5) proposes to construct or repower a facility described in IC 8-1-37-4(a)(21).

As added by P.L.159-2002, SEC.6. Amended by P.L.175-2007, SEC.15; P.L.150-2011, SEC.5; P.L.83-2023, SEC.3.
Ind. Code § 8-1-1.1-8 — Indiana Code / Title 8 / Article 1 / Chapter 1.1 / Section 8-1-1.1-8
Repealed
Status: repealed

As added by Acts 1981, P.L.104, SEC.3. Amended by P.L.3-1989, SEC.48; P.L.99-1989, SEC.6. Repealed by P.L.1-1990, SEC.98.
Ind. Code § 8-14-16-2 — Indiana Code / Title 8 / Article 14 / Chapter 16 / Section 8-14-16-2
"Fund"
Status: in_force

Sec. 2. As used in this chapter, "fund" refers to a local major moves construction fund established under section 4 of this chapter.

As added by P.L.47-2006, SEC.7.
Ind. Code § 8-1-8.7-4 — Indiana Code / Title 8 / Article 1 / Chapter 8.7 / Section 8-1-8.7-4
Hearings and requisite findings; estimated costs; use of Indiana coal
Status: in_force

Sec. 4. (a) As a condition for receiving the certificate required under section 3 of this chapter, an applicant must file an estimate of the cost of constructing, implementing, and using clean coal technology and supportive technical information in as much detail as the commission requires.

(b) The commission shall hold a public hearing on each application. A certificate shall be granted only if the commission has:

(1) made a finding that the public convenience and necessity will be served by the construction, implementation, and use of clean coal technology;

(2) approved the estimated costs;

(3) made a finding that the facility where the clean coal technology is employed:

(A) utilizes and will continue to utilize Indiana coal as its primary fuel source; or

(B) is justified, because of economic considerations or governmental requirements, in utilizing non-Indiana coal;

after the technology is in place; and

(4) made a finding on each of the factors described in section 3(b) of this chapter, including the dispatching priority of the facility to the utility.

As added by P.L.105-1989, SEC.4.
Ind. Code § 8-21-12-1 — Indiana Code / Title 8 / Article 21 / Chapter 12 / Section 8-21-12-1
"Aircraft"
Status: in_force

Sec. 1. As used in this chapter, "aircraft" means a vehicle used or designed for navigation or flight in the air.

As added by P.L.28-1991, SEC.2.
Ind. Code § 8-2.1-22-41 — Indiana Code / Title 8 / Article 2.1 / Chapter 22 / Section 8-2.1-22-41
Repealed
Status: repealed

As added by P.L.99-1989, SEC.13. Repealed by P.L.110-1995, SEC.35.
Ind. Code § 8-14-10-5 — Indiana Code / Title 8 / Article 14 / Chapter 10 / Section 8-14-10-5
Establishment of fund
Status: in_force

Sec. 5. The state highway road construction and improvement fund is established for the purpose of constructing or reconstructing state highways. The fund consists of distributions received under IC 6-6-1.1-801.5.

As added by P.L.68-1988, SEC.11.
Ind. Code § 8-3-1-21 — Indiana Code / Title 8 / Article 3 / Chapter 1 / Section 8-3-1-21
Accident reports; facilities maintenance
Status: in_force

Sec. 21. (a) Every railroad company subject to this chapter shall report to the department as soon as possible after it has occurred, every accident and the general cause thereof, involving loss of life or serious injury to passenger or employee.

(b) Whenever the department shall secure reliable information, or complaint shall have been made, or, because of reports made by its inspectors, shall have reason to believe, that any carrier in this state does not provide and adequately maintain sanitary drinking water and sanitary dispensers therefor on all locomotives and cabooses in use, or that any such carrier does not provide a room or rooms at all terminals, for the use of the department's employees, containing adequate wash basins, shower baths, inside toilets, sanitary drinking water dispensed in a sanitary manner, and sufficient lockers for checking employees' clothing, it shall be the duty of the department to cause such investigation to be made as it may deem necessary, and when such investigation shall have been made, the department shall make a report to the manager or superintendent of the railroad company. In said report and recommendations, the department shall make an accurate statement of the time such examination was made, of the exact location, character, and extent of such defects or omissions, if any such shall have been found, and shall also recommend such reasonable changes and improvements, additions, buildings, and accommodations, as are, in the opinion of the department, necessary to remedy such faults, neglects, requirements, or defects. Such recommendations shall set out specifically a reasonable time within which such improvements or changes or additions shall be made by the railroad company, and if they are not so made within said time so specified, then the department, if it considers it best so to do, may commence proceedings by mandamus or other remedy, in some circuit or superior court having jurisdiction of the carriers, to enforce compliance with its order. All courts, circuit, superior, appellate, or supreme, as shall obtain jurisdiction in these cases, shall give preference to such cases, and shall hear and determine the same speedily to the end that the employees' interests and the public interests may not suffer.

Formerly: Acts 1905, c.53, s.23; Acts 1907, c.241, s.19; Acts 1911, c.76, s.1; Acts 1933, c.58, s.1; Acts 1949, c.9, s.1. As amended by P.L.12-1984, SEC.2; P.L.384-1987(ss), SEC.29; P.L.50-2011, SEC.2.
Ind. Code § 8-23-20-10 — Indiana Code / Title 8 / Article 23 / Chapter 20 / Section 8-23-20-10
Acquisition of nonconforming signs
Status: in_force

Sec. 10. The department may acquire and shall pay just compensation for the removal of signs that do not conform to this chapter. A removal by the department or sign owner under this chapter constitutes a taking, and the owner shall be compensated under IC 32-24-1. Compensation shall be paid for the following:

(1) The taking from the owner of a sign of all rights, titles, and interests in the sign, and of the owner's leasehold or other interest in the land.

(2) The taking from the owner of the real property on which the sign is located and of the right to erect and maintain signs on the real property.

As added by P.L.18-1990, SEC.229. Amended by P.L.2-2002, SEC.50.
Ind. Code § 8-15.5-10-4 — Indiana Code / Title 8 / Article 15.5 / Chapter 10 / Section 8-15.5-10-4
Delegation of certain powers to operator
Status: in_force

Sec. 4. For purposes of this article, the authority may authorize an operator under a public-private agreement to perform any of its duties under IC 8-15-2-1, IC 8-15-2-6, IC 8-15-2-18, and IC 8-15-2-24.

As added by P.L.47-2006, SEC.39.
Ind. Code § 8-14-11-6 — Indiana Code / Title 8 / Article 14 / Chapter 11 / Section 8-14-11-6
"Local bridge" defined
Status: in_force

Sec. 6. As used in this chapter, "local bridge" means a structure that:

(1) is designed to carry vehicular traffic over or under an obstacle to the normal flow of traffic, including any grade separation, culvert, or approach to a bridge; and

(2) is located on a public road in a county highway system that is not part of the federally aided highway system.

As added by P.L.117-1989, SEC.1.
Ind. Code § 8-23-1.1-22 — Indiana Code / Title 8 / Article 23 / Chapter 1.1 / Section 8-23-1.1-22
"Highway, street, or road"
Status: in_force

Sec. 22. "Highway, street, or road" means a public way for purposes of vehicular traffic, including the entire area within the right-of-way. However, the term does not include a highway for purposes of IC 8-2.1.

As added by P.L.145-2026, SEC.37.
Ind. Code § 8-15.5-11-3 — Indiana Code / Title 8 / Article 15.5 / Chapter 11 / Section 8-15.5-11-3
Establishment of fund; administration; accounts; investment
Status: in_force

Sec. 3. (a) The toll road fund is established to provide funds to:

(1) pay or defease certain bonds in the manner provided by this chapter;

(2) pay amounts owed by the authority in connection with the execution and performance of a public-private agreement under this article, including operating expenses of the authority; and

(3) make distributions to the next generation trust fund and the major moves construction fund.

(b) The authority shall hold, administer, and manage the fund.

(c) Expenses of administering the fund shall be paid from money in the fund.

(d) The fund consists of the following:

(1) Money received from an operator under a public-private agreement.

(2) Appropriations, if any, made by the general assembly.

(3) Grants and gifts intended for deposit in the fund.

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

(5) Amounts transferred to the fund under subsection (i).

(6) Amounts transferred to the fund under IC 8-14-14-6(a)(5).

(e) The authority shall establish the following separate accounts within the fund:

(1) The bond retirement account.

(2) The administration account.

(3) The eligible project account.

(f) Money in the fund shall be deposited, paid, and secured in the manner provided by IC 5-1.2-4-19. Notwithstanding IC 5-13, the authority shall invest the money in the fund that is not needed to meet the obligations of the fund in the manner provided by an investment policy established by resolution of the authority.

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

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

(i) As soon as practicable after a public-private agreement concerning the Indiana Toll Road has been executed and the closing for each financing transaction required to provide funding to carry out the agreement has been conducted, the authority shall determine the total balance remaining in all toll road funds and accounts established under IC 8-15-2. Subject to any applicable trust indentures securing toll road bonds, the authority may retain from those funds and accounts the amounts necessary to pay outstanding obligations with respect to the operation of the Indiana Toll Road incurred before the effective date of the public-private agreement, and shall transfer all remaining balances in the toll road funds and accounts to the fund.

As added by P.L.47-2006, SEC.39. Amended by P.L.189-2018, SEC.96.
Ind. Code § 8-4-1-13 — Indiana Code / Title 8 / Article 4 / Chapter 1 / Section 8-4-1-13
Maps and route profile; filing
Status: in_force

Sec. 13. Every such company, before proceeding to construct a part of their road into or through any county named in its articles of association, shall make a map and profile of the route intended to be adopted by such company, which shall be certified by a majority of the directors, and filed in the office of the clerk of such county, for the inspection and examination of all parties interested therein.

Formerly: Acts 1852, 1RS, c.83, s.12.
Ind. Code § 8-3-2-7 — Indiana Code / Title 8 / Article 3 / Chapter 2 / Section 8-3-2-7
Records; freight cars requested and furnished; violations
Status: in_force

Sec. 7. It is a Class C infraction for a person to make any false entry in the record provided for in section 6 of this chapter, or to alter, change, or mutilate any entry made in the record, without notice to and with the consent of the other party interested in the record. It is a Class C infraction for a person to record in such a record a demand for cars not required, or for more cars than are required, or to duplicate any demand for cars previously ordered and not then furnished.

Formerly: Acts 1907, c.231, s.7. As amended by Acts 1978, P.L.2, SEC.822; P.L.136-2018, SEC.84.
Ind. Code § 8-2.1-20-1 — Indiana Code / Title 8 / Article 2.1 / Chapter 20 / Section 8-2.1-20-1
Repealed
Status: repealed

As added by P.L.99-1989, SEC.11. Amended by P.L.1-1990, SEC.116. Repealed by P.L.110-1995, SEC.35.
Ind. Code § 8-15.5-4-13 — Indiana Code / Title 8 / Article 15.5 / Chapter 4 / Section 8-15.5-4-13
Disclosure of contents of proposals
Status: in_force

Sec. 13. The authority shall disclose the contents of all proposals, except the parts of the proposals that may be treated as confidential in accordance with IC 5-14-3, when either:

(1) the request for proposal process is terminated under section 8 of this chapter; or

(2) the public-private agreement has been executed and the closing for each financing transaction required to provide funding to carry out the agreement has been conducted.

As added by P.L.47-2006, SEC.39.
Ind. Code § 8-16-1-8 — Indiana Code / Title 8 / Article 16 / Chapter 1 / Section 8-16-1-8
Condemnation
Status: in_force

Sec. 8. (a) Whenever it is necessary to condemn property for the purpose of constructing any portion of the bridges or the approaches, or securing rights-of-way for the approaches, the authority may condemn any interest, franchises, easements, rights, or privileges, land, or improvements which may be necessary for the purpose of constructing the bridges, the approaches, or the rights-of-way leading to the approaches.

(b) Condemnations shall be in the name of the authority and the method shall be governed by IC 8-23-7. The authority is empowered to exercise the powers of eminent domain as conferred upon the authority by an act of Congress of the United States.

(c) No payments of award in any condemnation proceedings or for the costs of proceedings under this chapter or the expenses thereof shall be made except from funds provided under authority of this chapter.

(d) Title to property condemned shall be taken in the name of the state.

(e) Nothing in this section shall apply to the acquisition of any toll bridge constructed before March 9, 1939.

Formerly: Acts 1939, c.79, s.7. As amended by Acts 1980, P.L.74, SEC.266; P.L.109-1983, SEC.37; P.L.18-1990, SEC.145.
Ind. Code § 8-1-2-71 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-71
Rate schedules; changes
Status: in_force

Sec. 71. All public utilities to which the order applies shall make such changes in their schedule on file as may be necessary to make the same conform to said order, and no change shall thereafter be made by any public utility in any such rates, tolls, or charges, or any joint rate or rates, without the approval of the commission. Certified copies of all other orders of the commission shall be delivered to the public utility affected thereby in like manner and the same shall take effect within such time thereafter as the commission shall prescribe.

Formerly: Acts 1913, c.76, s.75.
Ind. Code § 8-15-3-28 — Indiana Code / Title 8 / Article 15 / Chapter 3 / Section 8-15-3-28
Violations of rule; size and weight violations
Status: in_force

Sec. 28. (a) A person who violates a rule adopted under section 27 of this chapter commits a Class C infraction.

(b) A violation of a weight limitation established by rule under section 27 of this chapter is:

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

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

(c) It is a defense to the charge of violating a weight limitation that the total of all excess weight under that limitation is less than one thousand (1,000) pounds.

(d) The court may suspend the registration of a vehicle that violates a size or weight limitation for a period of not more than ninety (90) days. Upon the conviction of a person for a violation of a weight or size limitation, the court may recommend suspension of a current chauffeur's license only if the violation is committed knowingly.

As added by P.L.386-1987(ss), SEC.13.
Ind. Code § 8-1-13-20 — Indiana Code / Title 8 / Article 1 / Chapter 13 / Section 8-1-13-20
Repealed
Status: repealed

Formerly: Acts 1935, c.175, s.18b; Acts 1969, c.261, s.1. Repealed by Acts 1980, P.L.69, SEC.5.
Ind. Code § 8-21-9-1.6 — Indiana Code / Title 8 / Article 21 / Chapter 9 / Section 8-21-9-1.6
Liberal construction of chapter
Status: in_force

Sec. 1.6. This chapter is necessary for the welfare of Indiana and its inhabitants and shall be liberally construed to effect its purposes.

As added by P.L.1-1989, SEC.20.
Ind. Code § 8-15-2-21 — Indiana Code / Title 8 / Article 15 / Chapter 2 / Section 8-15-2-21
Supplemental nature of chapter
Status: in_force

Sec. 21. This chapter shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby, and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers existing on March 7, 1951; provided, however, that the issuance of toll road revenue bonds or toll road revenue refunding bonds under the provisions of this chapter need not comply with the requirements of any other law applicable to the issuance of bonds.

Formerly: Acts 1951, c.281, s.21. As amended by P.L.66-1984, SEC.57.
Ind. Code § 8-1-13-26 — Indiana Code / Title 8 / Article 1 / Chapter 13 / Section 8-1-13-26
Foreign corporation; admittance to do business within state; finding of convenience and necessity
Status: in_force

Sec. 26. Any foreign corporation organized as a nonprofit corporation for the purpose of making electric energy available to the inhabitants of rural areas may be admitted to do business within this state and shall have the same powers, restrictions, and liabilities as a corporation organized under this chapter. Whenever such foreign corporation desires to be admitted to operate in this state, it shall file with the commission a petition in as many original counterparts as there are counties in Indiana, in which it requests permission to make electric energy available, plus five (5). Said petition shall describe the territory in Indiana in which its operations are to be conducted and pray the said commission to grant to it a certificate of public convenience and necessity for such operations. To each such original petition, there shall be attached a copy of the articles of incorporation of said corporation, with all amendments to the articles of incorporation, duly authenticated by the proper officer of the state in which the corporation is incorporated. Said petition shall be acted upon by the commission in accordance with the provisions of section 18 of this chapter. The commission shall enter a finding that the convenience and necessity of the public proposed to be served in the Indiana territory in which the operations of the corporation are proposed to be conducted either will or will not be served by such operations. If said finding be in the negative, said commission shall enter an order denying the petition. If such finding be in the affirmative, said commission shall enter an order granting a certificate of public convenience and necessity for the proposed operations of said corporation in Indiana and shall attach a copy of said order, duly certified by the secretary of said commission, to each of the originals of said petition filed under this section, except for two (2) copies, and deliver the same to the petitioner. The corporation shall then present to the secretary of state all such sets of authenticated copy of articles, original petition, and order of the commission, together with such application for admission to do business in this state, if any, as the secretary of state may require and tender to the said secretary of state six dollars and fifty cents ($6.50) to cover the secretary of state's fees for filing, certificate, and seal. If the secretary of state shall approve the same, the secretary of state shall endorse the secretary of state's approval upon each of the aforesaid sets of documents, file one (1) set in the secretary of state's office, return the remaining ones to the corporation, and issue to the corporation a certificate of admission to do business in this state. Thereupon, and before the corporation shall do any business in Indiana, it shall file in the office of the recorder of each county in Indiana in which it is to make electric energy available, one (1) of said sets of documents bearing the approval of the secretary of state endorsed on the set of documents.

Formerly: Acts 1935, c.175, s.26; Acts 1939, c.106, s.2. As amended by P.L.59-1984, SEC.70; P.L.23-1988, SEC.54; P.L.136-2018, SEC.71.
Ind. Code § 8-2.1-24-0.1 — Indiana Code / Title 8 / Article 2.1 / Chapter 24 / Section 8-2.1-24-0.1
Application of certain amendments to chapter
Status: in_force

Sec. 0.1. Notwithstanding the amendments made to section 18 of this chapter by P.L.219-2003, the requirement that 49 CFR 383 and 384 be incorporated into Indiana law by reference, as provided by section 18 of this chapter, as amended by P.L.219-2003, does not apply before July 1, 2005.

As added by P.L.220-2011, SEC.192. Amended by P.L.7-2015, SEC.19.
Ind. Code § 8-25-6-12 — Indiana Code / Title 8 / Article 25 / Chapter 6 / Section 8-25-6-12
Additional tax rate applies only on the county local taxpayers who reside in the township that opts in
Status: in_force

Sec. 12. A tax rate imposed under this chapter applies only to the local taxpayers who reside in a township in which the voters approve a local public question held under this chapter.

As added by P.L.153-2014, SEC.17. Amended by P.L.197-2016, SEC.100.
Ind. Code § 8-16-2-16 — Indiana Code / Title 8 / Article 16 / Chapter 2 / Section 8-16-2-16
Rules and regulations; posting
Status: in_force

Sec. 16. The department shall have the right to make all reasonable rules and regulations governing the use of such bridge which are consistent with the provisions of this chapter and with the laws of the state of Indiana, and with the laws of such adjoining state, and with any laws or regulations of the United States, applicable to the use of such bridges. It shall be the duty of the department to cause to be placed in full view, in legible and large letters, upon or in each of the tollhouses established by it upon said bridge or its approaches, all such rules and regulations adopted by it in accordance with the provisions of this chapter, and also the toll rates adopted for the use of such bridge.

Formerly: Acts 1927, c.10, s.16. As amended by Acts 1980, P.L.74, SEC.289; P.L.1-2009, SEC.71.
Ind. Code § 8-16-15.5-8 — Indiana Code / Title 8 / Article 16 / Chapter 15.5 / Section 8-16-15.5-8
Bonds and notes
Status: in_force

Sec. 8. (a) The bridge authority may, by resolution, issue and sell bonds or notes of the bridge authority for the purpose of providing funds to implement this chapter.

(b) Before issuing a series of bonds or notes, the bridge authority shall publish a notice of its determination to issue the bonds or notes in accordance with IC 5-3-1.

(c) No action to contest the validity of:

(1) any contract entered into by the bridge authority before the bonds or notes are issued; or

(2) a series of bonds or notes issued by the bridge authority;

may be brought after the thirty (30) days following the publication of the notice required by subsection (b).

(d) If an action challenging a contract, bond, or note is not brought within the time frame described in subsection (c), the contract, bond, or note shall be presumed to be fully authorized and valid under the laws of the state and any person or entity may not question the authorization, validity, execution, delivery, or issuance of the contract, bond, or note.

As added by P.L.185-2018, SEC.27.
Ind. Code § 8-1-2-18 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-18
Books, accounts, papers, records, and memoranda; inspection and examination
Status: in_force

Sec. 18. The agents, accountants or examiners employed by the commission shall have authority, under the direction of the commission, to inspect and examine any and all books, accounts, papers, records and memoranda kept by such public utility.

Formerly: Acts 1913, c.76, s.21.
Ind. Code § 8-1-17-1 — Indiana Code / Title 8 / Article 1 / Chapter 17 / Section 8-1-17-1
Short title
Status: in_force

Sec. 1. This chapter may be known and referred to as the "Rural Communications Cooperative Act".

Formerly: Acts 1951, c.193, s.1. As amended by P.L.59-1984, SEC.73; P.L.81-2020, SEC.3.
Ind. Code § 8-18-22-4 — Indiana Code / Title 8 / Article 18 / Chapter 22 / Section 8-18-22-4
Ordinance authorizing bonds; method of sale; price
Status: in_force

Sec. 4. (a) The bonds must be authorized by ordinance of the fiscal body. The ordinance must provide the following with respect to the bonds:

(1) The original date of the bonds.

(2) The time or times that the bonds mature. However, a bond may not mature more than thirty (30) years from the date it is issued.

(3) The maximum interest rate or rates, including variations of the rates.

(4) The denominations.

(5) The form, either coupon or registered.

(6) The registration privileges.

(7) The medium of payment and the place or places of payment.

(8) The terms of redemption, including redemption before maturity.

(b) Bonds issued under this chapter must be sold under IC 5-1-11, and at a price or prices determined by the county fiscal body in the ordinance.

As added by P.L.113-1989, SEC.9.
Ind. Code § 8-8-1-3 — Indiana Code / Title 8 / Article 8 / Chapter 1 / Section 8-8-1-3
Grab-irons or handholds
Status: in_force

Sec. 3. It shall be unlawful for any such common carrier to haul, or permit to be hauled, or used, on its line, any locomotive, car, tender, or similar vehicle used in moving of state traffic not provided with secure grab-irons or handholds in the sides or ends thereof.

Formerly: Acts 1907, c.118, s.3.
Ind. Code § 8-1-32.5-10 — Indiana Code / Title 8 / Article 1 / Chapter 32.5 / Section 8-1-32.5-10
Sale, assignment, lease, or transfer of certificate; encumbrance of certificate
Status: in_force

Sec. 10. Subject to any notice requirements adopted by the commission under section 12 of this chapter, a certificate issued under this chapter may be:

(1) sold, assigned, leased, or transferred by the holder to any communications service provider to which a certificate of territorial authority may be lawfully issued under this chapter; or

(2) included in the property and rights encumbered under any indenture of mortgage or deed of trust of the holder.

As added by P.L.27-2006, SEC.55.
Ind. Code § 8-5-15-3 — Indiana Code / Title 8 / Article 5 / Chapter 15 / Section 8-5-15-3
Board of trustees; membership; term
Status: in_force

Sec. 3. (a) The district shall be supervised and managed by a board of trustees, which consists of the following:

(1) The commissioner, or the commissioner's designee, who shall serve as chair of the board.

(2) Four (4) members appointed by the governor, consisting of one (1) elected official from each county that is served by the system and through which the system passes, not more than two (2) of whom may be from the same political party.

(b) Appointments to the board under subsection (a)(2) are for terms of four (4) years, except that the initial term of the initial members shall be one (1) year, two (2) years, three (3) years, and four (4) years, as determined by the governor in connection with the appointment of each such member. Each member appointed to the board under subsection (a)(2):

(1) holds office for the term of the appointment;

(2) continues to serve after expiration of the appointment until a successor is appointed and qualified;

(3) is eligible for reappointment; and

(4) may be removed from office by the governor with or without cause and serves at the pleasure of the governor.

The governor shall fill a vacancy for the unexpired term of any member appointed under subsection (a)(2).

(c) The board shall elect from among its members a vice chair, a secretary, and a treasurer.

[Pre-Local Government Recodification Citation: 19-5-2.6-4.]

As added by Acts 1980, P.L.8, SEC.68. Amended by P.L.12-1983, SEC.18; P.L.64-1984, SEC.2; P.L.385-1987(ss), SEC.3; P.L.295-2001, SEC.2; P.L.182-2009(ss), SEC.263; P.L.48-2010, SEC.1; P.L.108-2019, SEC.148.
Ind. Code § 8-1-32.4-7 — Indiana Code / Title 8 / Article 1 / Chapter 32.4 / Section 8-1-32.4-7
"Local exchange carrier"
Status: in_force

Sec. 7. As used in this chapter, "local exchange carrier" has the meaning set forth in 47 U.S.C. 153.

As added by P.L.27-2006, SEC.54. Amended by P.L.8-2012, SEC.3.
Ind. Code § 8-20-1-52 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-52
Repealed
Status: repealed

Formerly: Acts 1905, c.167, s.61. As amended by P.L.66-1984, SEC.126. Repealed by P.L.86-1988, SEC.227.
Ind. Code § 8-1-2.8-20 — Indiana Code / Title 8 / Article 1 / Chapter 2.8 / Section 8-1-2.8-20
Actions in pursuit of purposes
Status: in_force

Sec. 20. (a) In pursuit of its purpose, the InTRAC may do the following:

(1) Perform audits and tests of the accounts of a LEC to verify the amounts described in section 12 of this chapter.

(2) Provide by contract dual party relay services to communications service providers operating outside Indiana if the effect of the contract:

(A) is to decrease the amount of surcharges imposed on the customers of members of the InTRAC; and

(B) does not sacrifice the quality of service that InTRAC provides for those customers in the absence of a contract.

(b) The actions described in subsection (a) are examples and are not intended to limit in any way the scope or types of actions that the InTRAC may take in pursuit of its purposes.

As added by P.L.75-1991, SEC.1. Amended by P.L.27-2006, SEC.32.
Ind. Code § 8-1-41-6 — Indiana Code / Title 8 / Article 1 / Chapter 41 / Section 8-1-41-6
"Unit"
Status: in_force

Sec. 6. (a) As used in this chapter, "unit" refers to:

(1) a county, if a project owner, as part of a single wind power project or development, seeks to locate one (1) or more wind power devices:

(A) entirely within unincorporated areas of the county;

(B) within both unincorporated areas of the county and one (1) or more municipalities within the county; or

(C) entirely within two (2) or more municipalities within the county; or

(2) a municipality, if:

(A) a project owner, as part of a single wind power project or development, seeks to locate one (1) or more wind power devices entirely within the boundaries of the municipality; and

(B) subdivision (1)(B) or (1)(C) does not apply.

(b) The term refers to:

(1) each county described in subsection (a)(1) in which a project owner seeks to locate one (1) or more wind power devices, if the project owner seeks to locate wind power devices in more than one (1) county as part of a single wind power project or development; and

(2) each municipality described in subsection (a)(2) in which a project owner seeks to locate one (1) or more wind power devices, if the project owner seeks to locate wind power devices in two (2) or more municipalities, each of which is located in a different county.

As added by P.L.90-2022, SEC.1.
Ind. Code § 8-3-1.5-4 — Indiana Code / Title 8 / Article 3 / Chapter 1.5 / Section 8-3-1.5-4
Information to be provided to department
Status: in_force

Sec. 4. The department in performing its planning function is authorized to request any railroad to provide such data and information as are necessary for the planning process. Railroads operating within the State shall provide such information within sixty (60) days of the date of the request. Should the railroad fail to provide such information, the department is hereby granted subpoena power for securing this data. The department shall exercise all necessary caution to avoid disclosure of confidential information supplied under this section.

Formerly: Acts 1975, P.L.79, SEC.1. As amended by Acts 1980, P.L.74, SEC.43.
Ind. Code § 8-1-41-9 — Indiana Code / Title 8 / Article 1 / Chapter 41 / Section 8-1-41-9
Permit authority responsible for enforcing compliance with standards; authority to adopt less restrictive standards or to waive or make less restrictive existing standards; unit's planning and zoning powers not affected
Status: in_force

Sec. 9. (a) A permit authority for a unit described in section 1(a) of this chapter is responsible for enforcing compliance with any standards set forth in sections 10 through 16 of this chapter that apply in the unit under section 1(a) of this chapter.

(b) A unit may:

(1) adopt and enforce a wind power regulation that includes standards that:

(A) concern the permitting, construction, installation, siting, modification, operation, or decommissioning of wind power devices in the unit; and

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

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

(A) wind power device; or

(B) project to install one (1) or more wind power devices in the unit; or

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

(A) wind power device; or

(B) project to install one (1) or more wind power devices in the unit.

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

As added by P.L.90-2022, SEC.1.
Ind. Code § 8-23-1.1-31 — Indiana Code / Title 8 / Article 23 / Chapter 1.1 / Section 8-23-1.1-31
"Municipal local street system"
Status: in_force

Sec. 31. "Municipal local street system" means roads and streets used primarily for access to residence, business, or other abutting property and for which responsibility is assigned to the municipal street authority.

As added by P.L.145-2026, SEC.37.
Ind. Code § 8-1-26-14 — Indiana Code / Title 8 / Article 1 / Chapter 26 / Section 8-1-26-14
Excavation or demolition of structure served by underground facility; location of affected structures
Status: in_force

Sec. 14. Except as provided in section 19 of this chapter, a person may not excavate real property or demolish a structure that is served or was previously served by an underground facility without first ascertaining in the manner prescribed by sections 16 and 18 of this chapter the location of all underground facilities in the area affected by the proposed excavation or demolition.

As added by P.L.69-1990, SEC.2.
Ind. Code § 8-14.5-6-16 — Indiana Code / Title 8 / Article 14.5 / Chapter 6 / Section 8-14.5-6-16
Insurance or guaranty of payment
Status: in_force

Sec. 16. The authority may obtain from a department or agency of the state or of the United States, or from a nongovernmental insurer, available insurance or guaranty for the payment or repayment of interest or principal, or both, or any part of interest or principal, or any debt service reserve funds, on bonds or notes issued by the authority, or on securities purchased or held by the authority.

As added by P.L.68-1988, SEC.12.
Ind. Code § 8-1-8.9-15 — Indiana Code / Title 8 / Article 1 / Chapter 8.9 / Section 8-1-8.9-15
SNG property interest; true sale
Status: in_force

Sec. 15. (a) If an agreement by an energy utility or an assignee to assign an SNG property interest expressly states that the assignment is a sale or is otherwise an absolute transfer:

(1) the resulting transaction:

(A) is a true sale; and

(B) is not a secured transaction; and

(2) title, both legal and equitable, passes to the person to which the SNG property interest is assigned.

(b) A transaction resulting from an agreement described in subsection (a) is a true sale regardless of whether:

(1) the assignee has recourse against the assignor; or

(2) the agreement provides for any of the following:

(A) The assignor's retention of an equity interest in the SNG property interest transferred.

(B) Continuing obligations of the energy utility under the qualified contract, including the obligation of the energy utility to serve as the collector of qualified costs.

(C) The treatment of the transfer as a financing for tax, financial reporting, or other purposes.

As added by P.L.175-2007, SEC.21.
Ind. Code § 8-1-8.9-13 — Indiana Code / Title 8 / Article 1 / Chapter 8.9 / Section 8-1-8.9-13
SNG property interest; assignability
Status: in_force

Sec. 13. (a) An energy utility may assign an SNG property interest to an assignee, including:

(1) another party to the qualified contract; or

(2) a financing entity.

An assignee may in turn assign an SNG property interest to a financing entity that provides financing to the assignee.

(b) An assignment to a financing entity under this section may be:

(1) an absolute assignment of the SNG property interest; or

(2) an assignment of the SNG property interest as collateral for an obligation owed to the financing entity.

(c) An assignee under this section may enforce the SNG property interest by all applicable legal and equitable means.

(d) Any amounts collected by an energy utility in connection with the sale, transfer, or disposition of substitute natural gas under a qualified contract that forms the basis of an SNG property interest assigned under this section constitute the property of the assignee. Pending the transfer of the SNG property interest to the assignee, the amounts described in this subsection shall be:

(1) segregated by the energy utility; and

(2) held in trust for the benefit of the assignee;

subject to the terms of the qualified contract that forms the basis of the SNG property interest that is being assigned.

As added by P.L.175-2007, SEC.21.
Ind. Code § 8-10-5-6.5 — Indiana Code / Title 8 / Article 10 / Chapter 5 / Section 8-10-5-6.5
Retirement plans for port authority railroad employees
Status: in_force

Sec. 6.5. (a) A port authority operating a railroad under this chapter may establish a retirement plan for the benefit of the port authority's railroad employees and past railroad employees who are not members of the public employees' retirement fund.

(b) If a port authority establishes a retirement plan under subsection (a), the port authority may do the following:

(1) Provide for the method, manner, and amount of contributions by the:

(A) port authority out of the port authority's railroad revenues or reserves; and

(B) railroad employees of the port authority, if required by the retirement plan.

(2) Create an account for the retirement plan and allocate to the account contributions sufficient to establish the retirement plan on a sound actuarial basis, including contributions for past services of employees.

(c) A retirement plan established under subsection (a) may not require contributions from an employee that exceed six percent (6%) of the employee's wages or salary.

As added by P.L.16-1998, SEC.1.
Ind. Code § 8-16-15.5-2 — Indiana Code / Title 8 / Article 16 / Chapter 15.5 / Section 8-16-15.5-2
Bridge authority; establishment; powers
Status: in_force

Sec. 2. (a) The New Harmony and Wabash River bridge authority is established as a separate body corporate and politic of the state for the purposes set forth in section 6 of this chapter.

(b) The bridge authority is an entity separate from the state or any entity responsible for appointing the initial members of the bridge authority. Though separate from the state and state entities, the bridge authority's exercise of its powers constitutes an essential governmental, public, and corporate function when carrying out the purposes of this chapter.

(c) The bridge authority has the power to make and enter into any contract that may be necessary to implement this chapter. The bridge authority's contract power includes the ability to enter into an agreement or contract with the state of Illinois or any governmental entity in the state of Illinois to:

(1) jointly form the bridge authority; or

(2) grant to the bridge authority the power to own and operate assets in the state of Illinois that are transferred by the commission to the bridge authority.

Except as otherwise provided by this chapter, a contract made by the bridge authority is not subject to approval or ratification by any other board, body, or officer.

(d) The bridge authority may exercise its powers with respect to the assets of the commission, including the power to contract with an entity, public or private, established in Illinois, to the extent permitted by Illinois law.

As added by P.L.185-2018, SEC.27.
Ind. Code § 8-16-15.5-13 — Indiana Code / Title 8 / Article 16 / Chapter 15.5 / Section 8-16-15.5-13
Pledges of proceeds, investment earnings, or other money
Status: in_force

Sec. 13. A pledge of proceeds of bonds or notes, investment earnings on those proceeds, or other money pledged by the bridge authority is binding from the time the pledge is made. Proceeds of bonds or notes, investment earnings on those proceeds, or other money pledged by the bridge authority and then received by the bridge authority or its trustee or fiduciary is immediately subject to the lien of the pledge without any further act, and the lien of the pledge is binding against all parties having claims of any kind in tort, contract, or otherwise against the bridge authority, regardless of whether the parties have notice of the lien. A resolution, trust agreement, or any other instrument that creates a pledge is required to be filed or recorded only in the records of the bridge authority.

As added by P.L.185-2018, SEC.27.
Ind. Code § 8-15.5-7-7 — Indiana Code / Title 8 / Article 15.5 / Chapter 7 / Section 8-15.5-7-7
Collection of user fees after expiration of public-private agreement
Status: in_force

Sec. 7. (a) After expiration of a public-private agreement, the authority may:

(1) continue to charge user fees for the use of the toll road project or facility project; or

(2) delegate to a third party the authority to continue to collect the user fees.

(b) Revenues collected under this section must first be used for operations and maintenance of the toll road project or facility project. Any revenues on toll road projects determined by the authority to be excess must be paid to the authority for deposit in the toll road fund established by IC 8-15.5-11.

As added by P.L.47-2006, SEC.39. Amended by P.L.213-2015, SEC.118.
Ind. Code § 8-14-1-11 — Indiana Code / Title 8 / Article 14 / Chapter 1 / Section 8-14-1-11
Local agency revolving fund; reimbursement; accounts receivable; transfer of funds
Status: in_force

Sec. 11. (a) The department may create a local agency revolving fund from money appropriated under section 3(7) of this chapter for the purpose of maintaining a sufficient working balance in accounts established primarily to facilitate the matching of federal and local money for highway projects.

(b) The revolving fund balance must be maintained through reimbursement from a local unit for money used by that unit to match federal funds.

(c) If the local unit fails to reimburse the revolving fund, the department shall notify the local unit that the department has found the outstanding accounts receivable to be uncollectible.

(d) The attorney general shall review the outstanding accounts receivable and if the attorney general agrees with the department's assessment of the account's status, the attorney general shall certify to the state comptroller that the outstanding accounts receivable is uncollectible and request a transfer of funds as provided in subsection (e).

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

(1) immediately notify the delinquent local unit of the claim; and

(2) if proof of payment is not furnished to the state comptroller within thirty (30) days after the notification, transfer an amount equal to the outstanding accounts receivable to the department from the delinquent local unit's allocations from the motor vehicle highway account for deposit in the local agency revolving fund.

(f) Transfers shall be made under subsection (e) until the unpaid amount has been paid in full under the terms of the agreement. However, the agreement may be amended if both the department and the unit agree to amortize the transfer over a period not to exceed five (5) years.

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

As added by P.L.116-1989, SEC.1. Amended by P.L.1-1994, SEC.35; P.L.9-2024, SEC.289.
Ind. Code § 8-3-1-14 — Indiana Code / Title 8 / Article 3 / Chapter 1 / Section 8-3-1-14
Repealed
Status: repealed

Formerly: Acts 1905, c.53, s.16. As amended by P.L.62-1984, SEC.7; P.L.384-1987(ss), SEC.23; P.L.8-1993, SEC.139. Repealed by P.L.50-2011, SEC.5.
Ind. Code § 8-1-3-6 — Indiana Code / Title 8 / Article 1 / Chapter 3 / Section 8-1-3-6
Presumption; rates; collection pending appeal
Status: reserved

Sec. 6. All rules, practices, installations, and services prescribed, approved, or required by the commission shall be in force and shall be prima facie reasonable unless finally found otherwise by the court of appeals or by the supreme court if the cause is transferred to and decided by that court. However, pending the appeal as in this chapter provided, any municipally owned utility, public utility, rural electric membership corporation, or rural communications cooperative corporation whose rate or rates are affected by the decision, ruling, or order appealed from shall have the right to collect the rate or rates as fixed by said decision, ruling, or order, or the former rate, whichever is higher in amount, and such municipally owned utility, public utility, corporation, or association shall refund the difference to each consumer or contract customer if such difference be not sustained upon appeal. However, pending the appeal as in this chapter provided, the court of appeals, upon good cause shown by verified petition, may authorize and permit, but not require, any common or contract carrier whose rate or rates are affected by the decision, ruling, or order appealed from, to collect the rate or rates published and in effect or the rate or rates sought to be put into effect, immediately prior to the commencement of the proceeding before the commission, subject to such provisions for bond or escrow as the court shall provide to protect the interest of all parties of record before the court.

Formerly: Acts 1957, c.189, s.6. As amended by Acts 1977, P.L.100, SEC.1; P.L.384-1987(ss), SEC.8; P.L.81-2020, SEC.2.
Ind. Code § 8-14.5-4-1 — Indiana Code / Title 8 / Article 14.5 / Chapter 4 / Section 8-14.5-4-1
Authorization of contracts
Status: in_force

Sec. 1. The authority is responsible for the construction, leasing, and ownership of projects. With respect to each project, the authority and the department may enter into a contract for the purposes set forth in this chapter. If the authority and the department decide to enter into a contract under this chapter, the authority and the department may enter into a separate contract for each project or a master contract for several projects.

As added by P.L.68-1988, SEC.12.
Ind. Code § 8-23-8-1.3 — Indiana Code / Title 8 / Article 23 / Chapter 8 / Section 8-23-8-1.3
Commerce corridors
Status: in_force

Sec. 1.3. (a) The department shall do the following:

(1) Determine commerce corridors within Indiana.

(2) Determine the level of service of each commerce corridor.

(3) Establish procedures for maintaining the level of service in a commerce corridor.

(4) Adopt an improvement plan for each commerce corridor that does not meet its prescribed level of service.

(b) The department may determine the feasibility of using recycled materials in the improvement of commerce corridors.

(c) Determinations under this section shall be in conformance with any similar highway designation made by the federal highway administration.

As added by P.L.87-1991, SEC.3.
Ind. Code § 8-20-1-51 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-51
Repealed
Status: repealed

Formerly: Acts 1905, c.167, s.60. As amended by P.L.66-1984, SEC.125; P.L.86-1988, SEC.202. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-1-41-4 — Indiana Code / Title 8 / Article 1 / Chapter 41 / Section 8-1-41-4
"Permit authority"
Status: in_force

Sec. 4. (a) As used in this chapter, "permit authority" means:

(1) a unit; or

(2) a board, a commission, or any other governing body of a unit;

that makes legislative or administrative decisions concerning the permitting, construction, installation, siting, modification, operation, or decommissioning of wind power devices in the unit.

(b) The term does not include:

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

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

As added by P.L.90-2022, SEC.1.
Ind. Code § 8-9.5-8-0.4 — Indiana Code / Title 8 / Article 9.5 / Chapter 8 / Section 8-9.5-8-0.4
Transfer of revenue bonds to Indiana transportation finance authority; rights of trustee and bondholders
Status: reserved

Sec. 0.4. (a) All powers, duties, and liabilities of the Indiana toll finance authority with respect to revenue bonds issued by that authority in connection with any trust agreement or indenture securing those bonds are transferred to the Indiana transportation finance authority as successor.

(b) The rights of the trustee under any trust agreement or indenture and the rights of the bondholders of the Indiana toll finance authority remain unchanged, although the powers, duties, and liabilities of the Indiana toll finance authority have been transferred to the Indiana transportation finance authority.

As added by P.L.220-2011, SEC.196.
Ind. Code § 8-1-34-12 — Indiana Code / Title 8 / Article 1 / Chapter 34 / Section 8-1-34-12
"Unit"
Status: in_force

Sec. 12. As used in this chapter, "unit" has the meaning set forth in IC 36-1-2-23.

As added by P.L.27-2006, SEC.58.
Ind. Code § 8-4-1-21 — Indiana Code / Title 8 / Article 4 / Chapter 1 / Section 8-4-1-21
Alteration in lines
Status: in_force

Sec. 21. If, at any time after the location of the track of such road, in whole or in part, and the filing of the map thereof, it shall appear to the directors of the railroad that the line thereof may be improved, such directors may, from time to time, alter the line, and cause a new map to be filed in the office where the map showing the first location is filed, and may thereupon take possession of the lands embraced in such new location that may be required for the construction and maintenance of such road on such new line, either by agreement with the owner or, if the railroad is a rail carrier, by such condemnation proceedings as are authorized under this chapter, and use the same in place of the line for which the new is substituted. But nothing in this chapter shall be so construed as to confer upon any railroad already incorporated, any powers to locate its road on any route which would not have been authorized by the charters previously granted. And nothing in this chapter contained shall authorize the railroad to make a location of their track within any city without the consent of the common council of said city; nor shall the railroad have power so to change their road as to avoid any point named in their articles of association.

Formerly: Acts 1852, 1RS, c.83, s.21. As amended by P.L.62-1984, SEC.41; P.L.146-2017, SEC.10.
Ind. Code § 8-14-10-3 — Indiana Code / Title 8 / Article 14 / Chapter 10 / Section 8-14-10-3
"Reconstruction"
Status: in_force

Sec. 3. As used in this chapter, "reconstruction" includes the improvement, enlargement, or extension of a highway, but does not include maintenance or repairs.

As added by P.L.68-1988, SEC.11.
Ind. Code § 8-21-11-8 — Indiana Code / Title 8 / Article 21 / Chapter 11 / Section 8-21-11-8
Allocation of loan funds; maximum amount
Status: in_force

Sec. 8. (a) The department shall determine the allocation of loan funds among eligible applicants. However, the total amount of loans under this chapter may not exceed the balance in the loan fund.

(b) An application for a loan must comply with the following:

(1) Be accompanied by a request for the loan in the form of a resolution adopted by the applicant's fiscal body in the case of an eligible entity or the applicant's governing board in the case of an airport authority.

(2) Be accompanied by a plan for repayment that is determined by the department to be an adequate plan.

(3) Meet all requirements for a grant from the fund, but not be the recipient of such a grant.

(4) Meet all requirements that the department establishes.

As added by P.L.34-1990, SEC.2.
Ind. Code § 8-9-10-2 — Indiana Code / Title 8 / Article 9 / Chapter 10 / Section 8-9-10-2
Hearings; investigations; mandamus; preference to cases
Status: in_force

Sec. 2. (a) Whenever the Indiana department of transportation secures reliable information, receives a complaint, or, because of reports made by the department's inspectors, has reason to believe that a railroad company in this state does not provide and adequately maintain the sanitary facilities provided for in section 1(b) through 1(e) of this chapter, the department shall make an investigation as necessary. The department shall conduct a hearing at which both the railroad company and the employees affected will be given a full opportunity to present evidence as to the necessity and reasonableness of the proposed changes or improvements.

(b) When the investigation required under subsection (a) is made, the Indiana department of transportation shall report to the manager or superintendent of the railroad company. In the report and recommendations, the department shall make an accurate statement of the time the examination was made, of the exact location, character, and extent of defects or omissions, if any have been found, and shall recommend reasonable changes and improvements, additions, buildings, and accommodations, as are, in the opinion of the department, necessary to remedy the faults, neglect, requirements, or defects. The recommendations must set out specifically a reasonable time within which such improvements or changes or additions shall be made by the railroad company.

(c) If the recommendations under subsection (b) are not carried out within the time specified, then the Indiana department of transportation may commence proceedings by mandamus or other remedy in a circuit or superior court having jurisdiction to enforce compliance with its order. All courts having jurisdiction in these cases shall give preference to the cases and shall hear and determine the case speedily to the end that the employees' interests and the public interests may not suffer.

Formerly: Acts 1965, c.154, s.2. As amended by P.L.62-1984, SEC.139; P.L.384-1987(ss), SEC.93; P.L.18-1990, SEC.102; P.L.83-2007, SEC.2.
Ind. Code § 8-15.5-4-1 — Indiana Code / Title 8 / Article 15.5 / Chapter 4 / Section 8-15.5-4-1
Request for proposals required
Status: in_force

Sec. 1. Before entering into a public-private agreement under this article, the authority must issue a request for proposals as set forth in this chapter. A request for proposals for a project may be issued by the authority in one (1) or more phases and may include a request for qualifications.

As added by P.L.47-2006, SEC.39. Amended by P.L.205-2013, SEC.143.
Ind. Code § 8-1.5-2-2 — Indiana Code / Title 8 / Article 1.5 / Chapter 2 / Section 8-1.5-2-2
Application of chapter; additional exceptions
Status: in_force

Sec. 2. (a) This chapter does not apply to utilities governed by:

(1) IC 8-1-13; or

(2) IC 8-1-2 except for a municipally owned electric, natural gas, water, wastewater, or combined water and wastewater utility.

(b) The law relating to acquisition of electric utility property and to electricity suppliers' service area assignments shall be governed by IC 8-1-2.3 and IC 8-1-2-95.1, and nothing in this chapter modifies or abridges those provisions.

As added by Acts 1982, P.L.74, SEC.1. Amended by P.L.68-2015, SEC.1; P.L.120-2021, SEC.3; P.L.34-2024, SEC.3.
Ind. Code § 8-2.1-24-7 — Indiana Code / Title 8 / Article 2.1 / Chapter 24 / Section 8-2.1-24-7
Duty of department to compel compliance
Status: in_force

Sec. 7. If the department, after notice and hearing, finds, in an investigation, that a person has failed to comply with this chapter, the department shall issue an appropriate order to compel compliance.

As added by P.L.110-1995, SEC.29.
Ind. Code § 8-14-11-5 — Indiana Code / Title 8 / Article 14 / Chapter 11 / Section 8-14-11-5
"Fund" defined
Status: in_force

Sec. 5. As used in this chapter, "fund" refers to the local bridge grant fund established by section 8 of this chapter.

As added by P.L.117-1989, SEC.1.
Ind. Code § 8-1-2-10 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-10
Accounting systems; recovery of deferred costs
Status: in_force

Sec. 10. (a) Every public utility shall keep and render to the commission, in the manner and form prescribed by the commission, uniform accounts of all business transacted. In formulating a system of accounting for any class of public utilities, the commission shall consider any system of accounting established by any federal law, commission, or department and any system authorized by a national association of such utilities.

(b) A public utility, municipally owned utility, or not-for-profit utility, including any utility owned, operated, or held in trust by a consolidated city, may defer for consideration by the commission and for future recovery costs incurred or to be incurred in a regulatory asset consistent with the accounting rules that concern the recognition of regulatory assets and that are in effect at the time the deferral decision is made by the utility, including any of the following costs, to the extent those specific costs are incremental and are not otherwise already included for recovery in the utility's rates:

(1) Financing costs.

(2) Depreciation expenses.

(3) Asset retirement obligations.

(4) Operation and maintenance costs.

(5) Capital costs.

(6) Tax costs.

(7) Tax credits.

(8) Incurred costs that are directly related to the preparation and conduct of a regulatory proceeding.

(c) Commission preapproval for the creation of a regulatory asset is not required.

(d) Notwithstanding section 68 of this chapter, a utility described in subsection (b) may recover through the utility's rates over a reasonable period, as determined by the commission, costs that are:

(1) deferred under this section; and

(2) found to be reasonable and prudent by the commission.

Formerly: Acts 1913, c.76, s.13. As amended by P.L.81-2023, SEC.1.
Ind. Code § 8-2.1-17-6.5 — Indiana Code / Title 8 / Article 2.1 / Chapter 17 / Section 8-2.1-17-6.5
"Digital network"
Status: in_force

Sec. 6.5. (a) "Digital network", for purposes of IC 8-2.1-19.1, means an online enabled application, software, website, or system offered or used by a TNC to enable the prearrangement of rides with TNC drivers.

(b) "Digital network", for purposes of this chapter and IC 8-2.1-19.3, means an online enabled application, software, website, or system offered or used by a DNC to enable deliveries with DNC drivers.

(c) A digital network is not a product under law.

As added by P.L.175-2015, SEC.1. Amended by P.L.215-2023, SEC.7; P.L.205-2025, SEC.25; P.L.227-2025, SEC.2.
Ind. Code § 8-16-8-1 — Indiana Code / Title 8 / Article 16 / Chapter 8 / Section 8-16-8-1
Repealed
Status: repealed

Formerly: Acts 1957, c.97, s.1. As amended by P.L.86-1988, SEC.38. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-2.1-19.1-5 — Indiana Code / Title 8 / Article 2.1 / Chapter 19.1 / Section 8-2.1-19.1-5
TNC driver requirements before acting as a TNC driver
Status: in_force

Sec. 5. (a) Before a TNC allows an individual to act as a TNC driver on the TNC's digital network, the TNC shall:

(1) require the individual to submit to the TNC an application that includes:

(A) the individual's name, address, and age;

(B) a copy of the individual's driver's license;

(C) a copy of the certificate of registration for the personal vehicle that the individual will use to provide prearranged rides;

(D) proof of financial responsibility for the personal vehicle described in clause (C) of a type and in the amounts required by the TNC; and

(E) any other information required by the TNC;

(2) with respect to the individual, conduct, or contract with a third party to conduct:

(A) a local and national criminal background check; and

(B) a search of the national sex offender registry; and

(3) obtain a copy of the individual's driving record maintained under IC 9-14-12-3.

(b) A TNC may not knowingly allow to act as a TNC driver on the TNC's digital network an individual:

(1) who has received judgments for:

(A) more than three (3) moving traffic violations; or

(B) at least one (1) violation involving reckless driving or driving on a suspended or revoked license;

in the preceding three (3) years;

(2) who has been convicted of a:

(A) felony; or

(B) misdemeanor involving:

(i) resisting law enforcement;

(ii) dishonesty;

(iii) injury to a person;

(iv) operating while intoxicated;

(v) operating a vehicle in a manner that endangers a person;

(vi) operating a vehicle with a suspended or revoked license; or

(vii) damage to the property of another person;

in the preceding seven (7) years;

(3) who is a match in the national sex offender registry;

(4) who is unable to provide information required under subsection (a); or

(5) who is less than nineteen (19) years of age.

As added by P.L.175-2015, SEC.10. Amended by P.L.198-2016, SEC.60.
Ind. Code § 8-1-34-29 — Indiana Code / Title 8 / Article 1 / Chapter 34 / Section 8-1-34-29
Institutional network capacity; video service to public buildings; provision under terms of local franchise; continuation of services after December 31, 2008, or expiration of franchise; apportionment of costs
Status: in_force

Sec. 29. (a) This section applies to a provider that holds a local franchise to provide video service in a unit at any time before July 1, 2009, regardless of whether:

(1) the provider elects:

(A) under section 21(b)(1) of this chapter, to continue providing video service under the local franchise; or

(B) under section 21(b)(2) of this chapter, to terminate the local franchise and provide video service in the unit under a certificate issued under this chapter;

if the local franchise is in effect on June 30, 2009; or

(2) the provider will provide video service in the unit under a certificate issued under this chapter, if the local franchise expires before July 1, 2009.

(b) As used in this section, "local franchise" refers to:

(1) the existing local franchise, if subsection (a)(1)(A) applies;

(2) the terminated local franchise, if subsection (a)(1)(B) applies; or

(3) the most recent local franchise held by the provider in the unit, if subsection (a)(2) applies.

(c) A holder to which this section applies shall continue to provide the following services under the terms of the local franchise until January 1, 2009, or until the local franchise will expire or would have expired, whichever is later:

(1) Institutional network capacity, however defined or referenced in the local franchise, but generally including private line data network capacity for use by the unit for noncommercial purposes. Institutional network capacity provided under this subdivision shall continue to be provided at the same capacity as required under the terms of the local franchise.

(2) Video service to community public buildings, such as municipal buildings and public schools, however defined or referenced in the local franchise, but generally including cable drop connections to the buildings and a particular tier of video service provided to the buildings. Video service provided under this subdivision shall continue to be provided to the same extent as required under the terms of the local franchise.

Beginning January 1, 2009, or upon the date on which the local franchise will expire or would have expired, whichever is later, a provider that provides services under this subsection shall continue to provide the services under this subsection if the unit requests that the services continue after December 31, 2008, or after the date the local franchise will expire or would have expired, whichever is later.

(d) This subsection applies to services described in subsection (c) that are provided after December 31, 2008, or after the date the local franchise will expire or would have expired, whichever is later. The incremental costs of the services shall be apportioned among all holders of a franchise to provide video service within the unit. The amount of the incremental costs borne by a particular holder is equal to the total cost of providing the services multiplied by a fraction calculated as follows:

(1) The numerator of the fraction equals the number of subscribers to whom the holder provides video service in the unit.

(2) The denominator of the fraction equals the total number of subscribers to whom all holders provide video service in the unit.

As added by P.L.27-2006, SEC.58.
Ind. Code § 8-1-34-30 — Indiana Code / Title 8 / Article 1 / Chapter 34 / Section 8-1-34-30
Direct marketing authority for holders; application to commission; designated employees; certification; option to apply for authority from political subdivision; limited local regulation
Status: in_force

Sec. 30. (a) As used in this section, "designated employee" means a holder's:

(1) employee; or

(2) authorized agent;

whom the holder designates or will designate to receive direct marketing authority.

(b) As used in this section, "direct marketing authority" means the authority granted by the commission to a holder to market any service or product offered by the holder directly to all households and businesses in a service area served by the holder.

(c) As used in this section, "political subdivision" has the meaning set forth in IC 36-1-2-13.

(d) A holder may apply to the commission, in the manner and form prescribed by the commission, for direct marketing authority. An application must include the following information with respect to each designated employee of the holder:

(1) Name.

(2) Home address.

(3) Driver's license number.

(4) A certification described in subsection (e)(1).

(e) In an application under subsection (d), a holder shall include the following:

(1) A certification by the holder that each designated employee satisfies the following requirements:

(A) The employee is at least eighteen (18) years of age.

(B) The employee has a high school diploma or the equivalent of a high school diploma.

(C) The employee has not been convicted of a felony within the seven (7) years immediately preceding the date of the application.

(D) Within the seven (7) years immediately preceding the date of the application, the employee has not been released from incarceration after serving time for a felony conviction.

(E) The employee has not been convicted of:

(i) a misdemeanor involving fraud, deceit, or dishonesty;

(ii) a battery offense included in IC 35-42-2 as a misdemeanor; or

(iii) two (2) or more misdemeanors involving the illegal use of alcohol or the illegal sale, use, or possession of a controlled substance;

within the five (5) years immediately preceding the date of the application.

(F) The employee has a valid driver's license.

(2) Proof of financial responsibility.

(f) A holder may comply with subsection (e)(1) by submitting to the commission a document signed by the holder in which the holder:

(1) identifies each designated employee by name, home address, and driver's license number;

(2) certifies that each designated employee has been the subject of a criminal history background check for each jurisdiction in the United States in which the designated employee has lived or worked within the seven (7) years immediately preceding the date of the application; and

(3) affirms that the background check described in subdivision (2) for each designated employee indicates that the designated employee satisfies the requirements set forth in subsection (e)(1), as applicable.

(g) Not more than fifteen (15) days after the commission receives an application under subsection (d), the commission shall determine whether the application is complete and properly verified. If the commission determines that the application is incomplete or not properly verified, the commission shall notify the applicant holder of the deficiency and allow the holder to resubmit the application after correcting the deficiency. If the commission determines that the application is complete and properly verified, the commission shall issue an order granting the holder direct marketing authority. The order must contain the following:

(1) The name of the holder.

(2) The names of designated employees of the holder.

(3) A grant of direct marketing authority to the holder and designated employees of the holder.

(4) The date on which the order takes effect.

The commission shall provide public notice of an order granting direct marketing authority under this subsection by posting the order on the commission's website.

(h) A holder that has direct marketing authority shall notify the commission in a timely manner of any changes to the holder's list of designated employees. A designated employee may exercise direct marketing authority immediately upon the holder's submission to the commission of all information required under subsection (e)(1) with respect to the designated employee.

(i) Only the commission is authorized to grant direct marketing authority to a holder under this section. However, subject to subsection (j), with respect to direct marketing activities in a holder's service area within a political subdivision, this section does not prohibit a holder from electing to:

(1) apply for marketing or solicitation authority directly from the political subdivision; and

(2) exercise any marketing or solicitation authority under a license, permit, or other authority granted by the political subdivision before, on, or after June 30, 2013;

instead of applying for and exercising direct marketing authority granted by the commission under this section.

(j) A political subdivision may not do any of the following:

(1) Require a holder that is granted direct marketing authority from the commission under this section to also obtain marketing or solicitation authority from the political subdivision in order to engage in direct marketing in the holder's service area within the political subdivision.

(2) Impose any licensing requirement or fee on a holder in connection with any direct marketing authority granted to the holder by the commission under this section with respect to the holder's service area within the political subdivision.

(3) Except as provided in subsection (k), otherwise regulate a holder that is granted direct marketing authority from the commission under this section and that engages in direct marketing in the holder's service area within the political subdivision.

(k) A political subdivision may enforce any ordinance or regulation that:

(1) imposes restrictions as to the hours or manner in which direct marketing activities may be performed in the political subdivision; and

(2) applies uniformly to all persons engaging in direct marketing or other soliciting in the political subdivision, regardless of:

(A) the product or service being marketed; or

(B) the type of business engaged in by the person engaging in the direct marketing or other soliciting.

As added by P.L.241-2013, SEC.2. Amended by P.L.65-2016, SEC.3; P.L.177-2018, SEC.12; P.L.1-2025, SEC.123.
Ind. Code § 8-2.1-19.1-1 — Indiana Code / Title 8 / Article 2.1 / Chapter 19.1 / Section 8-2.1-19.1-1
Permit required
Status: in_force

Sec. 1. (a) A transportation network company may not operate in Indiana without a permit issued under section 3 of this chapter.

(b) A permit is valid for one (1) year after the date of issuance.

As added by P.L.175-2015, SEC.10.
Ind. Code § 8-18-20-20 — Indiana Code / Title 8 / Article 18 / Chapter 20 / Section 8-18-20-20
Pecuniary interest in transactions
Status: in_force

Sec. 20. A trustee or director may not have any pecuniary interest in any contract, employment, purchase, or sale made under this chapter. Any such transaction in which a trustee or director has a pecuniary interest is void.

As added by P.L.386-1987(ss), SEC.20.
Ind. Code § 8-14.5-7-9 — Indiana Code / Title 8 / Article 14.5 / Chapter 7 / Section 8-14.5-7-9
Indebtedness limited to authority
Status: in_force

Sec. 9. Grant anticipation revenue bonds or notes:

(1) constitute the corporate obligations of the authority;

(2) do not constitute an indebtedness of the state within the meaning or application of any constitutional provision or limitation; and

(3) are payable solely as to both principal and interest from:

(A) the revenues from a lease to the department, if any;

(B) proceeds of bonds or notes, if any; or

(C) investment earnings on proceeds of bonds or notes, if any.

As added by P.L.246-2005, SEC.83.
Ind. Code § 8-1-13-8 — Indiana Code / Title 8 / Article 1 / Chapter 13 / Section 8-1-13-8
Membership certificates; meetings of members
Status: in_force

Sec. 8. (a) A corporation may issue to its members certificates of membership and each member shall be entitled to only one (1) vote at any regular or special meeting of the corporation.

(b) Meetings of members may be held at such place as may be provided in the by-laws. An annual meeting of the members shall be held at such time as may be provided by the by-laws. Special meetings may be called by the president, by the board of directors, by a petition signed by not less than one-twentieth (1/20) of all the members, or by such other officers or persons as may be provided in the articles of incorporation or the by-laws.

(c) Written, printed, or electronic notice stating the place, day and hour of the meeting of members, and, in the case of a special meeting, the purpose or purposes for which the meeting is called, shall be delivered not less than ten (10) nor more than sixty (60) days before the date of the meeting, personally, by mail, or electronically, by or at the direction of the president or the secretary, or the officers or persons calling the meeting, to each member of record entitled to vote at such meeting. If mailed, such notice shall be deemed to be delivered when deposited in the United States mails in a sealed envelope addressed to the member at the member's address as it appears on the records of the corporation, with postage thereon prepaid. If transmitted electronically, the notice is considered delivered when transmitted to the electronic mail address or other address provided by the member for electronic communications. Notice of meetings of members may be waived in writing.

(d) Unless otherwise provided in the articles of incorporation, one-fiftieth (1/50) of the total of all the corporation's members who either:

(1) are present in person at any meeting of members; or

(2) as authorized under subsection (f), cast votes before the date of any meeting of members;

of which meeting notice shall have been given as provided in subsection (c), shall constitute a quorum for the transaction of business at such meeting.

(e) Except as otherwise specifically provided in this chapter, a majority vote of the total number of members who either:

(1) are present in person and voting at; or

(2) as authorized under subsection (f), cast votes before the date of;

any regular meeting, or at or before the date of any special meeting of the members called for that purpose, shall be necessary for the taking of any action, adoption of any resolution, or the election of any directors, or otherwise, as the case may be. Provided, that if more than two (2) persons are running for election as a director from the same district then the person receiving the most votes shall be elected.

(f) A corporation may include a provision in the corporation's articles of incorporation or in the corporation's bylaws to allow any votes cast:

(1) after notice of a meeting is provided in accordance with subsection (c); and

(2) before the date of a meeting of the members;

whether cast in person, by mail, or by electronic ballot, to count toward the quorum requirement set forth in subsection (d) or toward any quorum requirement lawfully established in the corporation's articles of incorporation or in the corporation's bylaws.

Formerly: Acts 1935, c.175, s.8; Acts 1937, c.258, s.5. As amended by Acts 1977, P.L.102, SEC.1; P.L.171-2017, SEC.2; P.L.49-2018, SEC.1.
Ind. Code § 8-23-17-5 — Indiana Code / Title 8 / Article 23 / Chapter 17 / Section 8-23-17-5
"Farm operation" defined
Status: in_force

Sec. 5. As used in this chapter, "farm operation" means any activity conducted solely or primarily for the production of one (1) or more agricultural products or commodities, including timber, for sale or home use, and customarily producing products or commodities in sufficient quantity to be capable of contributing materially to the operator's support.

As added by P.L.18-1990, SEC.226.
Ind. Code § 8-1-11.2-1 — Indiana Code / Title 8 / Article 1 / Chapter 11.2 / Section 8-1-11.2-1
Power to purchase; ordinance requirement; price; revenue bonds
Status: in_force

Sec. 1. Any consolidated city shall have the power to purchase the whole or any part of the property of a public utility, when but only when its city-county council by an ordinance signed and approved by the mayor, and its board of trustees for utilities of its department of public utilities by a resolution, have each determined and declared it expedient so to do; which officials are hereby duly empowered so to do; in which event such city may acquire such property, notwithstanding a portion of it may be located anywhere outside of the corporate limits of such city, for the price and upon the terms and conditions stated in such ordinance and resolution, but not otherwise. The power hereby conferred shall include the power to purchase the capital stock of the corporation owning such property, or sufficient of such stock to enable such city to cause the liquidation of such corporation, payment of its debts, and vesting of title to its remaining property in such city; and in the event of purchase of such stock, such city, by its board of directors for utilities of its department of public utilities, is empowered to vote such stock so as to cause the liquidation of such corporation, the payment of its debts, and the vesting of title to its remaining property in the city. Funds with which to pay such purchase-price may be obtained from the sale of revenue bonds issued and sold under the authority of IC 8-1-11.1 or under any other statute relevant thereto.

[Pre-Local Government Recodification Citation: 19-2-13-1.]

As added by Acts 1981, P.L.11, SEC.44.
Ind. Code § 8-1-6.1-5 — Indiana Code / Title 8 / Article 1 / Chapter 6.1 / Section 8-1-6.1-5
"Payment plan"
Status: in_force

Sec. 5. As used in this chapter, "payment plan" means a payment arrangement that:

(1) is entered into by an electricity supplier and a customer of the electricity supplier; and

(2) allows the customer to:

(A) pay current or past due amounts for utility service in lower amounts or over an extended period of time, or according to another agreed upon schedule;

(B) defer the payment of current or past due amounts for utility service to some future date; or

(C) receive a forbearance with respect to the payment of certain amounts owed.

As added by P.L.36-2026, SEC.7.
Ind. Code § 8-21-10-10 — Indiana Code / Title 8 / Article 21 / Chapter 10 / Section 8-21-10-10
Permits; specification of obstruction markings, lighting, and other identification
Status: in_force

Sec. 10. Every permit granted by the department shall specify what, if any, obstruction markers, markings, lighting, or other identification shall be installed on or in the vicinity of the structure as a condition to receiving the permit. Any visual identification characteristics or lighting required by the department shall conform as much as practicable with the federal obstruction marking and lighting guidelines and standards.

As added by P.L.117-1983, SEC.1.
Ind. Code § 8-1-2.2-3 — Indiana Code / Title 8 / Article 1 / Chapter 2.2 / Section 8-1-2.2-3
Authorization to cooperate
Status: in_force

Sec. 3. Authorization to Cooperate. (a) In addition and supplemental to the powers otherwise conferred on municipalities by law, and in order to accomplish the purposes of this chapter, a municipality may plan, finance, develop, construct, reconstruct, acquire, improve, enlarge, own, operate and maintain an undivided interest as a tenant in common in a project jointly with one (1) or more municipalities, joint agencies or public utilities, and may plan and enter into contracts in this connection with them, not inconsistent with the provisions of this chapter.

(b) Prior to acquiring any undivided interest, the governing body shall determine the present and future needs of the municipality for power and energy based upon engineering studies and reports, and may not acquire an undivided interest as a tenant in common in a project in excess of that amount of capacity and the energy required to provide for its projected needs for power and energy for such reasonable period of time as shall be determined by the governing body and approved by the commission in a proceeding pursuant to section 19 of this chapter.

(c) The future power requirements of a municipality shall be evaluated by the governing body in accordance with the following:

(1) the economies and efficiencies to be achieved in constructing large scale facilities for the generation and transmission of electric power and energy;

(2) the municipality's needs for reserve and peaking capacity and obligations reasonably related to its needs for power and energy under pooling and reserve sharing agreements to which it is or may become a party;

(3) the estimated useful life of the project; and

(4) the estimated time for planning, development, acquisition or construction of the project and the time required in advance to obtain, acquire or construct additional power supply.

As added by Acts 1980, P.L.68, SEC.1.
Ind. Code § 8-23-24-2 — Indiana Code / Title 8 / Article 23 / Chapter 24 / Section 8-23-24-2
Conformance with federal law
Status: in_force

Sec. 2. Tree planting must be in conformance with federal law.

As added by P.L.90-1991, SEC.1.
Ind. Code § 8-18-22-12 — Indiana Code / Title 8 / Article 18 / Chapter 22 / Section 8-18-22-12
Exemption from securities registration laws
Status: in_force

Sec. 12. Bonds issued by the county under this chapter are exempt from registration and other requirements of IC 23 and any other securities registration laws.

As added by P.L.113-1989, SEC.9.
Ind. Code § 8-1-46.1-4 — Indiana Code / Title 8 / Article 1 / Chapter 46.1 / Section 8-1-46.1-4
"Grease hauler"
Status: in_force

Sec. 4. As used in this chapter, "grease hauler" means a person or company regulated and permitted by the Indiana department of environmental management and that engages in the:

(1) collection;

(2) transport; or

(3) disposal;

of material removed from a grease trap or grease interceptor.

As added by P.L.95-2026, SEC.1.
Ind. Code § 8-3-1-21.1 — Indiana Code / Title 8 / Article 3 / Chapter 1 / Section 8-3-1-21.1
Abandonment of railroad right-of-way; notices; removal of crossing control devices; failure to comply; cost; recreational use
Status: in_force

Sec. 21.1. (a) Upon receiving notice of intent to abandon railroad rights-of-way from any railroad company, the department shall, upon receipt, notify:

(1) the county executives, county surveyors, and cities and towns of the counties affected;

(2) the Indiana economic development corporation;

(3) the office of tourism development (before July 1, 2020) or the Indiana destination development corporation (after June 30, 2020); and

(4) the department of natural resources;

of the notice.

(b) Within one (1) year of a final decision of the Interstate Commerce Commission permitting an abandonment of a railroad right-of-way, the railroad shall remove any crossing control device, railroad insignia, and rails on that part of the right-of-way that serves as a public highway and reconstruct that part of the highway so that it conforms to the standards of the contiguous roadway. The Indiana department of transportation or the county, city, or town department of highways having jurisdiction over the highway may restore the crossing if the unit:

(1) adopts construction specifications for the project; and

(2) enters into an agreement with the railroad concerning the project.

The cost of removing any crossing control device, railroad insignia, rails, or ties under this subsection must be paid by the railroad. The cost of reconstructing the highway surface on the right-of-way must be paid by the Indiana department of transportation or the county, city, or town department of highways having jurisdiction over the crossing.

(c) If a railroad fails to comply with subsection (b), the Indiana department of transportation or the county, city, or town department of highways having jurisdiction over the crossing may proceed with the removal and reconstruction work. The cost of the removal and reconstruction shall be documented by the agency performing the work and charged to the railroad. Work by the agency may not proceed until at least sixty (60) days after the railroad is notified in writing of the agency's intention to undertake the work.

(d) This section does not apply to an abandoned railroad right-of-way on which service is to be reinstated or continued.

(e) As used in this section, "crossing control device" means any traffic control device installed by the railroad and described in the National Railroad Association's manual, Train Operations, Control and Signals Committee, Railroad-Highway Grade-Crossing Protection, Bulletin No. 7, as an appropriate traffic control device.

(f) Costs not paid by a railroad under subsection (b) may be added to the railroad's property tax statement of current and delinquent taxes and special assessments under IC 6-1.1-22-8.1.

(g) Whenever the Indiana department of transportation notifies the department of natural resources that a railroad intends to abandon a railroad right-of-way under this section, the department of natural resources shall make a study of the feasibility of converting the right-of-way for recreational purposes. The study must be completed within ninety (90) days after receiving the notice from the Indiana department of transportation. If the department of natural resources finds that recreational use is feasible, the department of natural resources shall urge the appropriate state and local authorities to acquire the right-of-way for recreational purposes.

Formerly: Acts 1973, P.L.65, SEC.1. As amended by Acts 1980, P.L.74, SEC.39; Acts 1982, P.L.62, SEC.3; Acts 1982, P.L.75, SEC.1; P.L.63-1984, SEC.1; P.L.84-1986, SEC.1; P.L.384-1987(ss), SEC.30; P.L.8-1989, SEC.49; P.L.18-1990, SEC.35; P.L.4-2005, SEC.114; P.L.229-2005, SEC.6; P.L.3-2008, SEC.73; P.L.78-2019, SEC.7.
Ind. Code § 8-21-1-14 — Indiana Code / Title 8 / Article 21 / Chapter 1 / Section 8-21-1-14
Public use airport development; utilization of airport facilities; use of airport development funds; duties of sponsor
Status: in_force

Sec. 14. (a) The department shall encourage the development of public use airports (as defined in 49 U.S.C. 47102).

(b) The department shall encourage the utilization and preservation of necessary airport facilities that are included in the National Airport and Airways System Plan and the state airports system plan and that:

(1) have been developed and maintained by private enterprise;

(2) meet the requirements of section 10 of this chapter concerning certification of airports; and

(3) have been established and are used by the public as a municipal purpose airport as described under IC 6-1.1-10-15.

(c) The department may participate and cooperate with the Federal Aviation Agency and with the sponsor (as defined in IC 8-21-8-1) and owner of a public use airport (as defined in 49 U.S.C. 47102) by using airport development funds administered by the department.

(d) The sponsor of any approved airport development project must:

(1) provide the sponsor's share of funds for the project; and

(2) meet any other requirements for participation and operation of the airport.

(e) IC 8-21-8-1 applies to this section.

As added by P.L.128-1987, SEC.1. Amended by P.L.1-1999, SEC.21.
Ind. Code § 8-1-2.6-1.2 — Indiana Code / Title 8 / Article 1 / Chapter 2.6 / Section 8-1-2.6-1.2
Nonbasic telecommunications service; commission's limited jurisdiction
Status: in_force

Sec. 1.2. Except as provided in sections 1.5(b) and 13 of this chapter, after March 27, 2006, the commission shall not exercise jurisdiction over any nonbasic telecommunications service.

As added by P.L.27-2006, SEC.15. Amended by P.L.1-2007, SEC.70; P.L.256-2013, SEC.2.
Ind. Code § 8-1-2-88 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-88
Repealed
Status: repealed

Formerly: Acts 1913, c.76, s.97b; Acts 1951, c.158, s.1; Acts 1971, P.L.82, SEC.1. As amended by P.L.118-1987, SEC.1; P.L.8-1993, SEC.113. Repealed by P.L.27-2006, SEC.62.
Ind. Code § 8-1-39-16 — Indiana Code / Title 8 / Article 1 / Chapter 39 / Section 8-1-39-16
Exclusions from general increase in basic rates and charges
Status: in_force

Sec. 16. (a) For purposes of this chapter, the following are not a general increase in basic rates and charges under IC 8-1-2-42(a):

(1) The filing of a TDSIC.

(2) A change in a TDSIC.

(3) The deferral of depreciation expenses, operation and maintenance expenses, property taxes, or post in service allowance for funds used during construction under section 9(c) of this chapter.

(b) This chapter does not limit:

(1) a public utility's ability to recover eligible transmission, distribution, and storage system improvements in a general retail rate case; or

(2) the commission's valuation of utility property under IC 8-1-2-6.

As added by P.L.133-2013, SEC.5. Amended by P.L.89-2019, SEC.8.
Ind. Code § 8-20-1-54.1 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-54.1
Repealed
Status: repealed

As added by P.L.86-1988, SEC.204. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-1-28-5 — Indiana Code / Title 8 / Article 1 / Chapter 28 / Section 8-1-28-5
Submission of plan to commission; required information
Status: in_force

Sec. 5. (a) A public utility that is subject to provisions of the Safe Drinking Water Act or Clean Water Act may voluntarily submit an environmental compliance plan that sets forth the manner in which the public utility intends to comply with requirements of the Safe Drinking Water Act or the Clean Water Act to the commission for the commission's review and approval under this chapter.

(b) An environmental compliance plan described in subsection (a) must include any information that the commission may require. The commission shall require a plan described in subsection (a) to include at least the following information:

(1) A description of the requirements of the Safe Drinking Water Act or Clean Water Act applicable to the operations of the public utility.

(2) A description of the measures the public utility proposes to implement to comply with the requirements.

(3) The schedule under which the public utility proposes to implement the measures.

(4) An estimate of the cost of implementing each of the measures proposed by the public utility.

(5) An analysis of the comparative estimated costs of meeting the applicable requirements of the Safe Drinking Water Act or Clean Water Act through the measures proposed by the public utility and other alternative compliance measures considered by the public utility.

As added by P.L.76-1991, SEC.2.
Ind. Code § 8-21-11-9 — Indiana Code / Title 8 / Article 21 / Chapter 11 / Section 8-21-11-9
Terms of loans
Status: in_force

Sec. 9. The department shall determine the terms of each loan, which must include the following:

(1) The duration of the loan, which may not exceed twelve (12) years.

(2) The repayment schedule of the loan, which must provide that no payments are due during the first two (2) years of the loan.

(3) A variable rate of interest to be determined by the department and adjusted annually. The interest rate must be the greater of:

(A) five percent (5%); or

(B) two-thirds (2/3) of the interest rate for fifty-two (52) week United States Treasury bills on the anniversary date of the loan, but not to exceed ten percent (10%).

(4) The amount of the loan.

(5) Any other conditions specified by the department.

As added by P.L.34-1990, SEC.2.
Ind. Code § 8-17-1-24 — Indiana Code / Title 8 / Article 17 / Chapter 1 / Section 8-17-1-24
Repealed
Status: repealed

Formerly: Acts 1919, c.112, s.25. As amended by Acts 1980, P.L.74, SEC.300; P.L.86-1988, SEC.88. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-1-2.7-7 — Indiana Code / Title 8 / Article 1 / Chapter 2.7 / Section 8-1-2.7-7
Ballots; form; results
Status: in_force

Sec. 7. The board shall distribute secret written ballots to the members or shareholders present at the meeting. The form of the ballots must be as follows:

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

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

Each member or shareholder is entitled to one (1) vote, either in person at the meeting or by absentee ballot, on the question of withdrawal from commission jurisdiction. Proxy votes may not be permitted. If a majority of voting members or shareholders vote in favor of the utility withdrawing from commission jurisdiction, the withdrawal becomes effective thirty (30) days after the date of the meeting at which the vote is conducted. If less than a majority of the voting members or shareholders vote in favor of withdrawal from commission jurisdiction, the utility is prohibited from seeking withdrawal for two (2) years following the date of the meeting at which the vote is conducted.

As added by P.L.108-1989, SEC.1. Amended by P.L.80-1997, SEC.10; P.L.82-1997, SEC.10; P.L.159-1999, SEC.10; P.L.60-2024, SEC.4.
Ind. Code § 8-1.5-5-14 — Indiana Code / Title 8 / Article 1.5 / Chapter 5 / Section 8-1.5-5-14
Bond issue
Status: in_force

Sec. 14. A board acquiring a storm water system and paying for it and for extensions and betterments authorized at the time of acquisition may provide for the combined cost in one (1) issue of bonds. The board shall issue and secure the bonds in the manner provided in this chapter to provide funds for the original construction of a storm water system.

As added by P.L.125-1987, SEC.1.
Ind. Code § 8-1-31-15 — Indiana Code / Title 8 / Article 1 / Chapter 31 / Section 8-1-31-15
Public utilities; resetting of adjustment amount after increase in basic rates and charges
Status: in_force

Sec. 15. A public utility for which the commission has approved a petition under section 8 or 10 of this chapter shall file revised rate schedules resetting the adjustment amount if new basic rates and charges become effective for the public utility following a commission order authorizing a general increase in rates and charges that includes in the public utility's rate base eligible infrastructure improvements reflected in the adjustment amount.

As added by P.L.94-2000, SEC.1. Amended by P.L.209-2014, SEC.14; P.L.212-2015, SEC.15; P.L.61-2022, SEC.10.
Ind. Code § 8-2.1-24-15 — Indiana Code / Title 8 / Article 2.1 / Chapter 24 / Section 8-2.1-24-15
Acknowledgment by department required for operation; term of acknowledgment
Status: in_force

Sec. 15. A motor carrier may not operate a motor vehicle in the transportation of property, upon a public highway in intrastate commerce until the motor carrier has:

(1) submitted forms approved by the department to be a properly certified motor carrier; and

(2) been issued an acknowledgment by the department.

An acknowledgment issued under subdivision (2) remains in effect until December 31 of the year in which the acknowledgment is issued.

As added by P.L.110-1995, SEC.29.
Ind. Code § 8-20-1-3.1 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-3.1
Repealed
Status: repealed

As added by P.L.86-1988, SEC.169. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-15.5-10-5 — Indiana Code / Title 8 / Article 15.5 / Chapter 10 / Section 8-15.5-10-5
Powers under toll road statute and other laws; eminent domain
Status: in_force

Sec. 5. (a) Subject to subsection (b), the authority may exercise any of its powers under IC 8-15-2 or any other provision of the Indiana Code as necessary or desirable for the performance of the authority's duties and the execution of the authority's powers under this article.

(b) For purposes of subsection (a), the following are governed by IC 8-15-2, IC 32-24, and any other applicable provision of the Indiana Code as in effect on January 1, 2010, and are not affected by amendments to those statutes enacted after December 31, 2009:

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

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

As added by P.L.47-2006, SEC.39. Amended by P.L.85-2010, SEC.11.
Ind. Code § 8-14-15.2-5 — Indiana Code / Title 8 / Article 14 / Chapter 15.2 / Section 8-14-15.2-5
Establishment of next generation trust; uses of the trust
Status: reserved

Sec. 5. (a) The authority shall establish a next generation trust fund to hold title to proceeds transferred to the trust fund under IC 8-14-15.1-5.5 or section 10 of this chapter, to be used exclusively for the provision of highways, roads, and bridges for the benefit of the people of Indiana and the users of those facilities or for the purpose set forth in section 10 of this chapter.

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

(c) The trust consists of the proceeds transferred to the trust under IC 8-14-15.1-5.5 or section 10 of this chapter, and any income that accrues from the investment of these proceeds.

As added by P.L.189-2018, SEC.79.
Ind. Code § 8-1-32.3-16 — Indiana Code / Title 8 / Article 1 / Chapter 32.3 / Section 8-1-32.3-16
Application fees; prohibited unless required for similar types of development; limitations
Status: in_force

Sec. 16. (a) A permit authority may not require an applicant to pay a fee associated with the submission, review, processing, or approval of an application for a permit unless the permit authority requires payment of the same or a similar fee for applications for permits for similar types of commercial development within the jurisdiction of the permit authority.

(b) A fee associated with the submission, review, processing, or approval of an application for a permit, including a fee imposed by a third party that provides review, technical, or consulting assistance to a permit authority, must be based on actual, direct, and reasonable costs incurred for the review, processing, and approval of the application.

(c) A fee described in this section may not include:

(1) travel expenses incurred by a third party in its review of an application; or

(2) direct payment or reimbursement of third party fees charged on a contingency basis.

As added by P.L.145-2015, SEC.3.
Ind. Code § 8-2-17-1 — Indiana Code / Title 8 / Article 2 / Chapter 17 / Section 8-2-17-1
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 lake, river, or stream running through or bounding any city or town in this state, from the city or town to any points without the limits of this state, without first having obtained a license from the legislative body of the proper city or town for that purpose. The license shall continue in force for five (5) years and application therefor must be in writing.

Formerly: Acts 1921, c.137, s.1; Acts 1959, c.235, s.1. As amended by P.L.8-1989, SEC.42.
Ind. Code § 8-1-2-44 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-44
Overcharges and undercharges
Status: in_force

Sec. 44. It shall be unlawful for any public utility to charge, demand, collect, or receive a greater or less compensation for any service performed by it within the state, or for any service in connection therewith, than is specified in such printed schedules, including schedules of joint rates, as may at the time be in force, or to demand, collect, or receive any rates, tolls, or charges not specified in such schedule. The rates, tolls, and charges named therein shall be the lawful rates, tolls, and charges unless the same are changed as provided in this chapter.

Formerly: Acts 1913, c.76, s.47. As amended by P.L.59-1984, SEC.22.
Ind. Code § 8-1-32-4 — Indiana Code / Title 8 / Article 1 / Chapter 32 / Section 8-1-32-4
"Project" defined
Status: in_force

Sec. 4. As used in this chapter, "project" refers to the extension of water utility service to a subject area.

As added by P.L.94-2000, SEC.2.
Ind. Code § 8-14.5-8-6 — Indiana Code / Title 8 / Article 14.5 / Chapter 8 / Section 8-14.5-8-6
Lease rental payments
Status: in_force

Sec. 6. The department shall make lease rental payments from the state highway road construction and improvement fund established by IC 8-14-10.

As added by P.L.218-2017, SEC.68.
Ind. Code § 8-15-2-0.1 — Indiana Code / Title 8 / Article 15 / Chapter 2 / Section 8-15-2-0.1
Application of certain amendments to chapter
Status: in_force

Sec. 0.1. The following amendments to this chapter apply as follows:

(1) The addition of section 1.1 of this chapter by P.L.116-1989 applies to all accounts receivable that are found to be uncollectible on July 1, 1989, and to accounts that are found to be uncollectible after June 30, 1989.

(2) The amendments made to section 5 of this chapter by P.L.133-2007 apply only to public works contracts entered into after June 30, 2007.

As added by P.L.220-2011, SEC.200.
Ind. Code § 8-4-32-4 — Indiana Code / Title 8 / Article 4 / Chapter 32 / Section 8-4-32-4
Parties
Status: in_force

Sec. 4. The action may, in all cases contemplated by this chapter, be brought against the railroad as defendants, whether the same is or was being run by the company, or by a lessee, assignee, receiver, or other person in the name of such company.

Formerly: Acts 1863, c.25, s.4. As amended by P.L.62-1984, SEC.86.
Ind. Code § 8-2.1-22-5 — Indiana Code / Title 8 / Article 2.1 / Chapter 22 / Section 8-2.1-22-5
Witnesses; hearings; orders
Status: in_force

Sec. 5. (a) The department, any member of the department or any authorized representative of the department, may compel the attendance of witnesses, swear witnesses, take their testimony under oath, make record of the testimony, and after the record is made under the direction of a department, administrative law judge, or authorized representative of the department or the department may upon the record make an appropriate order.

(b) The department may hear all petitions, applications, or motions filed with the department. Hearings may be conducted by the department, by any member of the department, or by any administrative law judge authorized by the department. In case the hearing is conducted by an administrative law judge, the administrative law judge must promptly, but not later than thirty (30) days after the conclusion of the hearing, unless the time is extended by order of the department:

(1) report to the department the facts established by the evidence; and

(2) submit a suggested order, showing the findings and a decision in the order, to the department.

(c) Orders recommended by an administrative law judge must be held for not less than ten (10) days during which time interested parties may file written exceptions to the orders. In case no exceptions are filed, the finding of facts and decision in form of order suggested by the administrative law judge constitute the order of the department, unless the department directs otherwise.

As added by P.L.99-1989, SEC.13.
Ind. Code § 8-18-20-14 — Indiana Code / Title 8 / Article 18 / Chapter 20 / Section 8-18-20-14
First meeting of directors; officers
Status: in_force

Sec. 14. (a) The first directors of a toll road authority shall, within thirty (30) days after their appointment, meet for the purpose of electing officers. They shall elect from among themselves a president, a vice president, a secretary, and a treasurer. Each of these officers shall perform the duties usually pertaining to that office, and shall serve from the date of election until a successor is elected and qualified.

(b) After the meeting under subsection (a), the directors shall meet on the first Monday in February of each year for the purpose of electing officers.

As added by P.L.386-1987(ss), SEC.20.
Ind. Code § 8-25-2-3 — Indiana Code / Title 8 / Article 25 / Chapter 2 / Section 8-25-2-3
Model local public question
Status: in_force

Sec. 3. (a) This section applies to Delaware County, Hamilton County, Hancock County, Johnson County, Madison County, and Marion County.

(b) If a fiscal body of an eligible county adopts an ordinance under section 1 of this chapter, the county auditor shall certify the ordinance to the county election board, and the county election board shall place the following question on the election ballot in accordance with IC 3-10-9:

"Shall _________ County have the ability to impose a local income tax rate, not to exceed a rate of _________ (insert recommended rate included in the ordinance authorizing the local public question), to pay for improving or establishing public transportation service in the county through a public transportation project that _____________ (insert the description of the public transportation project set forth in the ordinance authorizing the local public question)?".

As added by P.L.153-2014, SEC.17. Amended by P.L.197-2016, SEC.86.
Ind. Code § 8-15.7-9-1 — Indiana Code / Title 8 / Article 15.7 / Chapter 9 / Section 8-15.7-9-1
Issuance of bonds or notes
Status: in_force

Sec. 1. (a) The authority may, by resolution, issue and sell bonds or notes of the authority for the purpose of providing funds to carry out the provisions of this article with respect to the development, financing, or operation of a project or projects or the refunding of any bonds or notes, together with any costs associated with a transaction.

(b) Bonds or notes issued under this chapter shall be issued in accordance with IC 8-14.5-6 except that the bonds or notes are not required to comply with IC 8-14.5-6-2, IC 8-14.5-6-3, or IC 8-14.5-6-5(b).

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-20-1-17 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-17
Repealed
Status: repealed

Formerly: Acts 1905, c.167, s.17. As amended by P.L.86-1988, SEC.173. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-1-26.5-6 — Indiana Code / Title 8 / Article 1 / Chapter 26.5 / Section 8-1-26.5-6
"Utility"
Status: in_force

Sec. 6. As used in this chapter, "utility" means:

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

(2) a corporation organized under IC 8-1-13;

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

(4) a corporation that is organized under IC 23-17 that is an electric cooperative and that has at least one (1) member that is a corporation organized under IC 8-1-13.

As added by P.L.93-2018, SEC.1.
Ind. Code § 8-15-2-1.4 — Indiana Code / Title 8 / Article 15 / Chapter 2 / Section 8-15-2-1.4
Selection of projects under section 1 of chapter after December 31, 1996, under written procedures
Status: in_force

Sec. 1.4. Projects initially funded under section 1(a)(3) and 1(a)(4) of this chapter after December 31, 1996, must be selected under the written procedures developed under section 1.3 of this chapter, as added by P.L.83-1996.

As added by P.L.220-2011, SEC.201.
Ind. Code § 8-3-21-9 — Indiana Code / Title 8 / Article 3 / Chapter 21 / Section 8-3-21-9
Construction and severability
Status: in_force

Sec. 9. (a) This compact shall be liberally construed to effectuate the compact's purposes.

(b) The provisions of this compact are severable. If:

(1) a phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of a participating state or of the United States; or

(2) the applicability of this compact to a government, an agency, a person, or a circumstance is held invalid;

the validity of the remainder of this compact and the compact's applicability to any government, agency, person, or circumstance is not affected.

(c) If this compact is held contrary to the constitution of a participating state, the compact remains in effect for the remaining participating states and in effect for the state affected for all severable matters.

As added by P.L.58-1992, SEC.1.
Ind. Code § 8-2.1-20-7 — Indiana Code / Title 8 / Article 2.1 / Chapter 20 / Section 8-2.1-20-7
Unified carrier registration system
Status: in_force

Sec. 7. Before operating a motor vehicle on the public highways of this state in the interstate transportation of property or passengers, the person who operates the motor vehicle must register under the unified carrier registration system established under 49 U.S.C. 13908.

As added by P.L.110-1995, SEC.6. Amended by P.L.42-2007, SEC.6.
Ind. Code § 8-2-15-10 — Indiana Code / Title 8 / Article 2 / Chapter 15 / Section 8-2-15-10
Rates and charges; appeal
Status: in_force

Sec. 10. The rates of ferriage shall be fixed by the board of county commissioners at the time of licensing the ferry, and from time to time thereafter, as they shall think proper; and it shall be the duty of the auditor to furnish every applicant, on taking out a license to keep a ferry, with a list of the rates of ferriage, which list the ferry-keeper shall put up either at the door of the ferry-keeper's ferryhouse, or on the ferry-keeper's boats, or on some conspicuous place convenient to the ferry. However, if any person be aggrieved by the establishing of such rates, the person shall have the right to appeal to the circuit court of the proper county upon filing a bond within thirty (30) days (of) the fixing of the same by such board, payable to the state of Indiana, with security to be approved by the county auditor, and conditioned for the due prosecution of such appeal and the payment of all costs if judgment be rendered against such appellant, and the county auditor shall cause such bond, with a certified copy of the proceedings of said board and all of the original papers of the same, to be filed in the office of the clerk of the circuit court within twenty (20) days thereafter, and such cause shall be docketed for the ensuing term, and further proceedings had and judgment rendered by the circuit court as in other cases of appeal. And upon such appeal, the circuit court shall have the power to review such rates of ferriage and fix the same as may be just and proper.

Formerly: Acts 1881(ss), c.52, s.10; Acts 1897, c.73, s.1. As amended by P.L.136-2018, SEC.79.
Ind. Code § 8-14-2-8 — Indiana Code / Title 8 / Article 14 / Chapter 2 / Section 8-14-2-8
Expired
Status: repealed

As added by P.L.182-2007, SEC.3. Amended by P.L.220-2011, SEC.199. Expired 1-1-2019 by P.L.220-2011, SEC.199.
Ind. Code § 8-21-4-5 — Indiana Code / Title 8 / Article 21 / Chapter 4 / Section 8-21-4-5
Collisions; liability
Status: in_force

Sec. 5. The liability of the owner of one aircraft to the owner of another aircraft, or to aeronauts or passengers on either aircraft, for damages caused by collision on land, or in the air, shall be determined by the rules of law applicable to torts on land.

Formerly: Acts 1927, c.43, s.6.
Ind. Code § 8-1-46-7 — Indiana Code / Title 8 / Article 1 / Chapter 46 / Section 8-1-46-7
"IEEE 1366"
Status: in_force

Sec. 7. As used in this chapter, "IEEE 1366" refers to:

(1) the 2022 edition of IEEE 1366, IEEE Guide for Electric Power Distribution Reliability Indices, as adopted by the Institute of Electrical and Electronics Engineers; or

(2) if the commission adopts a rule under IC 4-22-2 to amend:

(A) the 2022 edition; or

(B) any subsequent edition;

of IEEE 1366, the version of IEEE 1366 as amended by the commission.

As added by P.L.36-2026, SEC.10.
Ind. Code § 8-1-2.8-6 — Indiana Code / Title 8 / Article 1 / Chapter 2.8 / Section 8-1-2.8-6
"Indiana Telephone Relay Access Corporation for the Hearing and Speech Impaired"
Status: in_force

Sec. 6. As used in this chapter, "Indiana Telephone Relay Access Corporation for the Hearing and Speech Impaired" or "InTRAC" means a corporation formed under IC 23-7-1.1 (before its repeal on August 1, 1991) or IC 23-17 that meets the requirements of section 18 of this chapter.

As added by P.L.75-1991, SEC.1. Amended by P.L.1-2010, SEC.39.
Ind. Code § 8-1-41-8 — Indiana Code / Title 8 / Article 1 / Chapter 41 / Section 8-1-41-8
"Wind power regulation"
Status: in_force

Sec. 8. As used in this chapter, "wind power regulation" refers to any ordinance or regulation, including any:

(1) zoning or land use ordinance or regulation; or

(2) general or specific planning ordinance or regulation;

that is adopted by a unit and that concerns the permitting, construction, installation, siting, modification, operation, or decommissioning of wind power devices in the unit.

As added by P.L.90-2022, SEC.1.
Ind. Code § 8-1-2.2-25 — Indiana Code / Title 8 / Article 1 / Chapter 2.2 / Section 8-1-2.2-25
Annual reports
Status: in_force

Sec. 25. Annual Reports. The municipal utilities or joint agencies possessing ownership interests in a project shall, following the closing of each fiscal year, submit a consolidated or combined annual report of their activities (including the activities of any joint agency) with respect to such project for the preceding year to the respective governing bodies of such municipalities and to the commission. Each report shall set forth in a form prescribed by the commission a complete operating and financial statement covering the operations of the project during the year. The municipalities or joint agencies possessing ownership interests in a project shall cause an audit of the books of record and accounts relating to such project (including any joint agency) to be made at least once in each year by a certified public accountant or accountants and the cost of the audit may be treated as a cost of construction of the project, or otherwise as part of the expenses of the administration of the project covered by such audit.

As added by Acts 1980, P.L.68, SEC.1.
Ind. Code § 8-22-3-1 — Indiana Code / Title 8 / Article 22 / Chapter 3 / Section 8-22-3-1
Establishment; jurisdiction; name
Status: in_force

Sec. 1. Whenever the fiscal body of one (1) or more eligible entities, acting individually or jointly, adopts an ordinance or a resolution in favor of the establishment of an airport authority under this chapter, there is established an airport authority. The authority has jurisdiction over a district with boundaries coterminous with the jurisdictional boundaries of the entity or entities adopting the ordinance or resolution. The authority must have a name including the words "airport authority."

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

As added by Acts 1980, P.L.8, SEC.73.
Ind. Code § 8-23-20.5-3 — Indiana Code / Title 8 / Article 23 / Chapter 20.5 / Section 8-23-20.5-3
Special exception or variance; compensation by county or municipality; eminent domain action
Status: in_force

Sec. 3. (a) If a county or municipality either:

(1) subject to IC 8-23-20-10, does not amend its zoning ordinance as necessary to provide for a special exception to the zoning ordinance for the relocation of an outdoor advertising sign; or

(2) does not approve a variance to the zoning ordinance filed by the outdoor advertising sign's owner that conforms to the filing requirements;

the county or municipality that did not approve the relocation of the outdoor advertising sign within the market area is responsible for the payment of full and just compensation for the outdoor advertising sign under IC 8-23-20-27, including any costs and fees associated with a variance application, if applicable, to the outdoor advertising sign's owner.

(b) A county or municipality's consideration of a special exception or variance may not be a basis to delay the appointment of appraisers under IC 32-24-1-9.

(c) If a county or municipality has not approved the relocation of an outdoor advertising sign located within its jurisdiction before the date an action under IC 32-24 is filed, the county or municipality must be named as a party to the action.

As added by P.L.97-2022, SEC.4. Amended by P.L.201-2023, SEC.116.
Ind. Code § 8-1-17.5-4 — Indiana Code / Title 8 / Article 1 / Chapter 17.5 / Section 8-1-17.5-4
"Retail electric service"
Status: in_force

Sec. 4. As used in this chapter, "retail electric service" has the meaning set forth in IC 8-1-2.3-2(c).

As added by P.L.18-2010, SEC.1.
Ind. Code § 8-1-2-35 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-35
Meters and measuring appliances; testing
Status: in_force

Sec. 35. The commission shall provide for the examination and testing of any and all appliances used for the measuring of any product or service of a public utility. Any consumer or user may have any such appliance tested upon payment of the fees fixed by the commission. The commission shall declare and establish reasonable fees to be paid for testing such appliances on the request of the consumers or users, the fee to be paid by the consumer or user at the time of his request, but to be paid by the public utility and repaid to the consumer or user if the appliance or rate be found unreasonably defective or incorrect to the disadvantage of the consumer or user.

Formerly: Acts 1913, c.76, s.38.
Ind. Code § 8-9.5-8-8 — Indiana Code / Title 8 / Article 9.5 / Chapter 8 / Section 8-9.5-8-8
Leases; purposes; requisite additional provisions
Status: in_force

Sec. 8. (a) If the authority and the department decide to enter into a lease as authorized under section 6 of this chapter for the purposes enumerated in subsection (b), the authority and the department shall enter into a separate lease for each toll road project or each toll bridge.

(b) The lease may be entered into for any or all of the following purposes:

(1) The construction of the toll road project or toll bridge.

(2) The reconstruction of the toll road project or toll bridge.

(3) Improvements to the toll road project or toll bridge.

(4) The maintenance of the toll road project or toll bridge.

(5) Repairs to the toll road project or toll bridge.

(6) The operation of the toll road project or toll bridge.

(7) The conversion to a toll road project of a state highway transferred to the authority under IC 8-23-7-23.

(c) In addition to the provisions required to be included under section 6 of this chapter, the lease must include the following:

(1) A statement that the term of the lease is for a period coextensive with the biennium used for state budgetary and appropriation purposes, with a fractional period when the lease begins if necessary.

(2) A statement that the term of the lease is extended from biennium to biennium, unless either the authority or the department gives notice of nonextension at least six (6) months before the end of a biennium, in which event the lease expires at the end of the biennium in which the notice is given.

(3) A statement of all toll road bonds or toll bridge bonds of the authority that are outstanding or that are to be issued by the authority related to the toll road project or toll bridge for which the lease is entered.

(4) Provisions requiring the department to pay the costs of operating, maintaining, and repairing the toll road project or toll bridge, including major repairs, replacements, and improvements.

(5) Provisions requiring the department to pay rent at times and in amounts sufficient to pay in full the debt service payable under the terms of the toll road bonds or toll bridge bonds issued and outstanding with respect to the toll road project or toll bridge, including any required additions to reserves maintained by the authority, and to pay additional rent as provided by the lease.

(6) Provisions requiring the department to fix, impose, and collect tolls on the toll road project or toll bridge that are at least sufficient, together with other money available to the department, to pay:

(A) the cost of operation, maintenance, and repair, including major repairs, replacements, and improvements; and

(B) the rent to be paid under the lease.

However, the obligation of the department to pay the costs of operation, maintenance, and repair of a toll road project or toll bridge and to pay rent during the term is not limited to the tolls collected or that should be collected by the department but is subject only to the appropriation of funds therefore by an act of the general assembly.

(7) Provisions requiring:

(A) tolls and other revenues collected by the department to be segregated from all other funds under the control of the department; and

(B) the department to make a separate accounting of all receipts and disbursements under the lease.

(8) Provisions requiring the department to maintain all books and records and to prepare and deliver all reports required of the authority under the terms of any applicable trust agreement.

(9) Such other terms and conditions as the authority and the department consider appropriate.

As added by P.L.109-1983, SEC.3. Amended by P.L.386-1987(ss), SEC.1; P.L.18-1990, SEC.105.
Ind. Code § 8-20-1-25.1 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-25.1
Repealed
Status: repealed

As added by P.L.86-1988, SEC.179. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-1-32.4-12 — Indiana Code / Title 8 / Article 1 / Chapter 32.4 / Section 8-1-32.4-12
Exiting provider; advance notice required; liability for charges owed to other providers
Status: in_force

Sec. 12. (a) This section applies to a provider that holds a certificate of territorial authority to provide local exchange service in Indiana. If a provider:

(1) decides to cease serving all or part of the provider's defined service area; or

(2) plans to file for bankruptcy;

the provider shall provide at least sixty (60) days advance notice to the commission and each affected customer and wholesale provider.

(b) A notice described in subsection (a) must:

(1) be submitted in the form and manner prescribed by the commission; and

(2) include at least one (1) toll free customer service telephone number maintained by the provider to facilitate the continuation of service and the transition of customers to other providers.

(c) The exiting provider is liable for all charges owed to other providers and is responsible for any provider change charges.

As added by P.L.27-2006, SEC.54.
Ind. Code § 8-1-34-26 — Indiana Code / Title 8 / Article 1 / Chapter 34 / Section 8-1-34-26
PEG channel capacity, facilities, and financial support; units or areas without existing requirements; authority of commission to require
Status: in_force

Sec. 26. (a) This section applies in a unit or an unincorporated area of Indiana that:

(1) is included in the service area of a holder of a certificate issued under this chapter; and

(2) does not require a provider described in section 21(a) of this chapter to provide PEG channel capacity, facilities, or financial support under a local franchise issued before July 1, 2006.

(b) As used in this section, "PEG channel" has the meaning set forth in section 25(b) of this chapter.

(c) As a condition of issuing or renewing a certificate to a holder under this chapter, and upon:

(1) the petition of a unit or an unincorporated area included in the holder's service area under the certificate; or

(2) the commission's own motion;

the commission may require the holder to provide PEG channel capacity, facilities, or financial support to one (1) or more units or unincorporated areas in the holder's service area under the certificate.

(d) As allowed by 47 U.S.C. 531, the commission may do the following in exercising its authority under this section:

(1) Adopt rules and procedures for the designation or use of PEG channel capacity in each unit or unincorporated area in which the requirements apply.

(2) Enforce any requirement concerning the provision or use of PEG channel capacity. The commission's enforcement authority under this subdivision includes the authority to enforce any provision that:

(A) is proposed by the holder and incorporated in the holder's certificate; and

(B) concerns services, facilities, or equipment related to PEG channel capacity;

regardless of whether the provision is required in rules or procedures adopted by the commission under subdivision (1).

(3) If PEG channel capacity is designated under the certificate, prescribe rules and procedures:

(A) under which the holder is permitted to use the designated channel capacity to provide other services, if the channel capacity is not being used in the unit or unincorporated area for the designated purposes; and

(B) that set forth the conditions under which the holder must cease any use permitted under clause (A).

As added by P.L.27-2006, SEC.58.
Ind. Code § 8-23-9.5-27 — Indiana Code / Title 8 / Article 23 / Chapter 9.5 / Section 8-23-9.5-27
Class C infraction; disqualification
Status: in_force

Sec. 27. It is a Class C infraction for a person that submits a proposal under this chapter to make a false statement regarding the financial worth of the person in a proposal or other written instrument filed by the person with the department under this chapter or rules adopted under this chapter. A person that violates this section is disqualified from submitting bids on contracts advertised for letting by the department for a period of two (2) years following the date of conviction.

As added by P.L.60-2023, SEC.2.
Ind. Code § 8-1-32.3-23 — Indiana Code / Title 8 / Article 1 / Chapter 32.3 / Section 8-1-32.3-23
Written notice of approval or denial; basis for decision; application considered approved upon authority's failure to act
Status: in_force

Sec. 23. (a) In a written notice issued under section 20, 21, or 22 of this chapter, a permit authority shall state clearly the basis for its decision to approve or deny an application. If the permit authority denies an application, the written notice must include substantial evidence in support of the denial.

(b) For purposes of this section, a notice is considered written if it is included in the minutes of a public meeting of a permit authority.

(c) If a permit authority fails to act on an application within the applicable deadline under section 20, 21, or 22 of this chapter, the application is considered approved.

As added by P.L.145-2015, SEC.3.
Ind. Code § 8-1-1-15 — Indiana Code / Title 8 / Article 1 / Chapter 1 / Section 8-1-1-15
Implementing rules; duration
Status: in_force

Sec. 15. A rule that the commission adopts under section 3(g) of this chapter that is necessary to implement a state or federal statute, rule, or regulation is void sixty-one (61) days after the expiration of that statute, rule, or regulation, unless the commission makes a written finding prior to the sixty-first day that it is necessary to retain the rule.

As added by P.L.37-1989, SEC.2.
Ind. Code § 8-1-31-12 — Indiana Code / Title 8 / Article 1 / Chapter 31 / Section 8-1-31-12
Cost of common equity
Status: in_force

Sec. 12. The cost of common equity to be used in the calculation of the charge shall be the most recent determination by the commission in a general rate proceeding of the public utility. If the commission finds that the last such determination is no longer representative of current conditions, the commission may make a new determination of the common equity cost rate for use in determining the charge, after notice and hearing. The most recent prior determination shall be used pending any redetermination.

As added by P.L.94-2000, SEC.1.
Ind. Code § 8-14-16-5 — Indiana Code / Title 8 / Article 14 / Chapter 16 / Section 8-14-16-5
Uses of money in fund
Status: in_force

Sec. 5. Money in the fund may be expended only for the following purposes:

(1) Construction of highways, roads, and bridges.

(2) In a county that is a member of the northwest Indiana regional development authority, or in a city or town located in such a county, any purpose for which the regional development authority may make expenditures under IC 36-7.5.

(3) Providing funding for economic development projects (as defined in IC 6-3.6-2-8(1) or IC 6-3.6-2-8(2)(A) through IC 6-3.6-2-8(2)(K)).

(4) Matching federal grants for a purpose described in this section.

(5) Providing funding for interlocal agreements under IC 36-1-7 for a purpose described in this section.

(6) Providing the county's, city's, or town's contribution to a regional development authority established under IC 36-7.6-2-3.

As added by P.L.47-2006, SEC.7. Amended by P.L.232-2007, SEC.6; P.L.197-2016, SEC.82.
Ind. Code § 8-14-2-4 — Indiana Code / Title 8 / Article 14 / Chapter 2 / Section 8-14-2-4
Local road and street account; allocation of funds
Status: in_force

Sec. 4. (a) The state comptroller shall establish a special account to be called the "local road and street account" and credit this account monthly with thirty-seven percent (37%) of the money deposited in the highway, road and street fund.

(b) The state comptroller shall distribute to units of local government money from this account each month. Before making any other distributions under this chapter, the state comptroller shall distribute E85 incentive payments to all political subdivisions entitled to a payment under section 8 of this chapter.

(c) After distributing E85 incentive payments required under section 8 of this chapter, the state comptroller shall allocate to each county the remaining money in this account on the basis of the ratio of each county's passenger car registrations to the total passenger car registrations of the state. The state comptroller shall further determine the suballocation between the county and the cities within the county as follows:

(1) In counties having a population of more than fifty thousand (50,000), sixty percent (60%) of the money shall be distributed on the basis of the population of the city or town as a percentage of the total population of the county and forty percent (40%) distributed on the basis of the ratio of city and town street mileage to county road mileage.

(2) In counties having a population of fifty thousand (50,000) or less, twenty percent (20%) of the money shall be distributed on the basis of the population of the city or town as a percentage of the total population of the county and eighty percent (80%) distributed on the basis of the ratio of city and town street mileage to county road mileage.

(3) For the purposes of allocating funds as provided in this section, towns which become incorporated as a town between the effective dates of decennial censuses shall be eligible for allocations upon the effectiveness of a corrected population count for the town under IC 1-1-3.5.

(4) Money allocated under the provisions of this section to counties containing a consolidated city shall be credited or allocated to the department of transportation of the consolidated city.

(d) Each month the state comptroller shall inform the department of the amounts allocated to each unit of local government from the local road and street account.

(e) A county, including a county containing a consolidated city, may not budget or designate any funds that are distributed to the county from the local road and street account for a project to be selected by an individual member of the county fiscal body.

Formerly: Acts 1969, c.392, s.4; Acts 1971, P.L.98, SEC.5; Acts 1973, P.L.71, SEC.3; Acts 1974, P.L.33, SEC.1. As amended by Acts 1978, P.L.58, SEC.5; Acts 1980, P.L.74, SEC.219; Acts 1981, P.L.11, SEC.54; Acts 1981, P.L.88, SEC.11; P.L.2-1990, SEC.11; P.L.182-2007, SEC.2; P.L.185-2018, SEC.26; P.L.9-2024, SEC.292; P.L.156-2026, SEC.3.
Ind. Code § 8-23-20-22 — Indiana Code / Title 8 / Article 23 / Chapter 20 / Section 8-23-20-22
Violations; notice
Status: in_force

Sec. 22. (a) A person who violates section 4, 5, or 6 of this chapter commits a Class C infraction. Whenever the department discovers or is given written notice of a violation by a responsible government agency, the department shall give thirty (30) days notice, by certified mail, to the owner of the property upon which the violation exists. If the owner fails to act within thirty (30) days, then each day of maintenance of the violation beginning on the thirty-first day constitutes a separate offense.

(b) A person who violates section 7 of this chapter commits a Class C infraction.

(c) A person who violates section 8 of this chapter commits a Class B misdemeanor. Whenever the department discovers or is given written notice of a violation by a responsible government agency, the department shall give thirty (30) days notice, by certified mail, to the owner of the property upon which the violation exists. If the owner fails to act within thirty (30) days, then each day of maintenance of the violation beginning on the thirty-first day constitutes a separate offense.

As added by P.L.18-1990, SEC.229. Amended by P.L.1-1991, SEC.84.
Ind. Code § 8-10-1-29 — Indiana Code / Title 8 / Article 10 / Chapter 1 / Section 8-10-1-29
Contracts for construction or purchase over $150,000; bidding required; emergency exception; violations a Level 6 felony
Status: in_force

Sec. 29. (a) The ports of Indiana may declare an emergency:

(1) in the case of fire, flood, windstorm, casualty, or other extraordinary emergency, including mechanical failure of any part of a building or structure; and

(2) if the health, safety, or welfare of the public or necessary governmental operations are endangered by loss or damage.

The ports of Indiana shall declare an emergency by recording the declaration and grounds for the emergency in the minutes of the commission.

(b) Unless the ports of Indiana declares an emergency, the ports of Indiana may not during any six (6) month period make separate contracts with another party for similar construction projects or the purchase of similar equipment, materials, or supplies under IC 8-10-1-7(5) without advertising for and accepting public bids, if the aggregate cost of the separate contracts is more than one hundred fifty thousand dollars ($150,000).

(c) A commission member or an employee of the ports of Indiana who knowingly violates subsection (b) commits a Level 6 felony.

(d) A person who accepts a contract with the ports of Indiana knowing that subsection (b) was violated in connection with the contract commits a Level 6 felony and may not be a party to or benefit from any contract with a public body in the state for two (2) years from the date of the person's conviction.

(e) If the ports of Indiana declares an emergency, the ports of Indiana may:

(1) contract for a construction project or the purchase of equipment, materials, or supplies without advertising for bids, if bids or quotes are invited from at least three (3) persons known to deal in:

(A) the public work required to be done; or

(B) the equipment, materials, or supplies sought to be purchased; and

(2) either:

(A) reject all bids or quotes submitted; or

(B) contract with the lowest and best bidder or quoter for the construction project or purchase.

The total amount of all contracts the ports of Indiana may award with respect to an emergency declared under subsection (a) may not exceed one million dollars ($1,000,000), unless an executive order is issued by the governor authorizing the ports of Indiana to exceed this limit.

(f) When awarding a contract with respect to an emergency declared under subsection (a), the ports shall list in the minutes of the next commission meeting the names of all the entities invited to bid.

As added by Acts 1977, P.L.108, SEC.2. Amended by P.L.18-1987, SEC.9; P.L.102-1993, SEC.1; P.L.98-2008, SEC.37; P.L.156-2013, SEC.2; P.L.158-2013, SEC.133; P.L.168-2014, SEC.11.
Ind. Code § 8-1-30.3-3 — Indiana Code / Title 8 / Article 1 / Chapter 30.3 / Section 8-1-30.3-3
"Utility company"
Status: in_force

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

(1) a:

(A) public utility;

(B) municipally owned utility; or

(C) not-for-profit utility;

that provides water or wastewater service; or

(2) a regional sewer or water district.

As added by P.L.189-2015, SEC.1. Amended by P.L.98-2016, SEC.3.
Ind. Code § 8-1-6.1-9 — Indiana Code / Title 8 / Article 1 / Chapter 6.1 / Section 8-1-6.1-9
Office to adopt guidelines
Status: in_force

Sec. 9. The office shall adopt guidelines to implement this chapter.

As added by P.L.36-2026, SEC.7.
Ind. Code § 8-22-1-8 — Indiana Code / Title 8 / Article 22 / Chapter 1 / Section 8-22-1-8
"Fiscal body"
Status: in_force

Sec. 8. "Fiscal body" means county council, city-county council of a consolidated city and county, common council of a city, town council of a town, or governing body of any other eligible entity.

[Pre-Local Government Recodification Citation: 19-6-5-1 part.]

As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.8-1989, SEC.56.
Ind. Code § 8-2-15-13 — Indiana Code / Title 8 / Article 2 / Chapter 15 / Section 8-2-15-13
Operation without license or authorization
Status: in_force

Sec. 13. (a) A person who keeps, maintains, works, or runs a ferry without being licensed or authorized according to this chapter commits a Class C infraction.

(b) Each day of violation of subsection (a) constitutes a separate offense.

Formerly: Acts 1881(ss), c.52, s.13. As amended by Acts 1978, P.L.2, SEC.815; P.L.137-2021, SEC.13.
Ind. Code § 8-1-8.5-12.1 — Indiana Code / Title 8 / Article 1 / Chapter 8.5 / Section 8-1-8.5-12.1
Commission rules concerning granting of certificates for small modular reactors; public utility recovery of small modular reactor project costs
Status: in_force

Sec. 12.1. (a) As used in this section, "project development costs" means costs that have been incurred, or are reasonably estimated to be incurred, in the development of one (1) or more small modular nuclear reactors, including:

(1) evaluation, design, and engineering costs;

(2) costs for federal approvals and licensing;

(3) costs for environmental analyses and permitting;

(4) early site permit (as defined in 10 CFR 52.1) costs;

(5) equipment procurement costs; and

(6) authorized carrying costs.

(b) As used in this section, "small modular nuclear reactor" means a nuclear reactor that:

(1) has a rated electric generating capacity of not more than four hundred seventy (470) megawatts;

(2) is capable of being constructed and operated, either:

(A) alone; or

(B) in combination with one (1) or more similar reactors if additional reactors are, or become, necessary;

at a single site; and

(3) is required to be licensed by the United States Nuclear Regulatory Commission.

The term includes a nuclear reactor that is described in this subsection and that uses a process to produce hydrogen that can be used for energy storage, as a fuel, or for other uses.

(c) Not later than July 1, 2023, the commission, in consultation with the department of environmental management, shall adopt rules under IC 4-22-2 concerning the granting of certificates under this chapter for the construction, purchase, or lease of small modular nuclear reactors:

(1) in Indiana for the generation of electricity to be directly or indirectly used to furnish public utility service to Indiana customers; or

(2) at the site of a nuclear energy production or generating facility that supplies electricity to Indiana retail customers on July 1, 2011.

(d) Rules adopted by the commission under this section must provide for the following:

(1) That in acting on a public utility's petition for the construction, purchase, or lease of one (1) or more small modular nuclear reactors, as described in subsection (c), the commission shall consider the following:

(A) Whether, and to what extent, the one (1) or more small modular nuclear reactors proposed by the public utility will replace a loss of generating capacity in the public utility's portfolio resulting from the retirement or planned retirement of one (1) or more of the public utility's existing electric generating facilities that:

(i) are located in Indiana; and

(ii) use coal or natural gas as a fuel source.

(B) Whether one (1) or more of the small modular nuclear reactors that will replace an existing facility will be located on the same site as or near the existing facility and, if so, potential opportunities for the public utility to:

(i) make use of any land and existing infrastructure or facilities already owned or under the control of the public utility; or

(ii) create new employment opportunities for workers who have been, or would be, displaced as a result of the retirement of the existing facility.

(2) That the commission may grant a certificate under this chapter under circumstances and for locations other than those described in subdivision (1).

(3) That the commission may not grant a certificate under this chapter unless the owner or operator of a proposed small modular nuclear reactor provides evidence of a plan to apply for all licenses or permits to construct or operate the proposed small modular nuclear reactor as may be required by:

(A) the United States Nuclear Regulatory Commission;

(B) the department of environmental management; or

(C) any other relevant state or federal regulatory agency with jurisdiction over the construction or operation of nuclear generating facilities.

(4) That any:

(A) reports;

(B) notices of violations; or

(C) other notifications;

sent to or from the United States Nuclear Regulatory Commission by or to the owner or operator of a proposed small nuclear reactor must be submitted by the owner or operator to the commission within such times as prescribed by the commission, subject to the commission's duty to treat as confidential and protect from public access and disclosure any information that is contained in a report or notice and that is considered confidential or exempt from public access and disclosure under state or federal law.

(5) That any person that owns or operates a small modular nuclear reactor in Indiana may not store:

(A) spent nuclear fuel (as defined in IC 13-11-2-216); or

(B) high level radioactive waste (as defined in IC 13-11-2-102);

from the small modular nuclear reactor on the site of the small modular nuclear reactor without first meeting all applicable requirements of the United States Nuclear Regulatory Commission.

(e) A public utility may petition the commission for approval to incur, before obtaining a certificate under this chapter, project development costs for the development of one (1) or more small modular nuclear reactors. The public utility must file with the petition the public utility's case in chief, which must contain the information and supporting documentation regarding the factors the commission must consider under this subsection. In reviewing a petition and the supporting case in chief under this subsection, the commission shall consider the following:

(1) Whether a project by the utility to construct, purchase, or lease a small modular nuclear reactor is reasonably consistent with:

(A) this section and rules adopted by the commission under this section; and

(B) the purposes set forth in IC 8-1-8.8-1(b), as applicable.

(2) The following factors with respect to the project development costs and the project for which they are to be incurred:

(A) The amount of project development costs the public utility anticipates incurring.

(B) The anticipated timeline for incurring the project development costs.

(C) The anticipated date by which the public utility will make a decision as to whether to seek a certificate under this chapter.

The commission shall review a petition submitted under this subsection and issue a final order approving or denying the petition not later than one hundred eighty (180) days after receiving the petition and complete case in chief. However, if the commission makes a docket entry extending the procedural schedule and the public utility does not object to the entered extension, the commission may extend the one hundred eighty (180) day time frame for issuing a final order under this subsection for the amount of time set forth in the docket entry. In an order approving a petition, the commission must make a finding as to the best estimate and reasonableness of project development costs based on the evidence of record.

(f) If a public utility has received approval from the commission under subsection (e) to incur project development costs, the public utility may petition the commission at any time before or during the development and execution of a small modular nuclear reactor project for the approval of a rate schedule that periodically adjusts the public utility's rates and charges to provide for the timely recovery of project development costs. A petition under this subsection must describe any efforts by the public utility to pursue funding opportunities from the United States Department of Energy to offset the project development costs that the public utility seeks to recover under the proposed rate schedule.

(g) If, after reviewing a public utility's proposed rate schedule in a petition submitted under subsection (f), the commission determines that the public utility has incurred or will incur project development costs that are:

(1) reasonable in amount;

(2) necessary to support the construction, purchase, or lease of a small modular nuclear reactor; and

(3) consistent with the commission's finding as to the best estimate of project development costs in the commission's order of approval under subsection (e);

the commission shall approve the recovery of the project development costs, subject to subsections (h) and (i). However, a public utility may not file adjustments to a rate schedule to adjust for cost recovery approved under this subsection more than one (1) time every twelve (12) months.

(h) A public utility that recovers project development costs under subsection (g) shall recover eighty percent (80%) of the approved project development costs under the rate schedule approved under subsection (g) and shall defer the remaining twenty percent (20%) of approved project development costs, including, to the extent applicable, depreciation, allowance for funds used during construction, and post in service carrying costs, based on the overall cost of capital most recently approved by the commission, and shall recover those project development costs as part of the next general rate case that the public utility files with the commission.

(i) The recovery of a public utility's project development costs through a periodic rate adjustment mechanism approved by the commission under subsection (g) must occur over a period that is equal to:

(1) the period over which the approved project development costs are incurred; or

(2) three (3) years;

whichever is less.

(j) Project development costs that are found by the commission to be reasonable, necessary, and consistent with the best estimate of project development costs in the commission's order of approval under subsection (e) shall be recovered by a public utility by inclusion in the public utility's rates and charges. Project development costs that are incurred by a public utility and that exceed the best estimate of project development costs under subsection (e) may not be included in the public utility's rates and charges unless found by the commission to be reasonable, necessary, and prudent in supporting the construction, purchase, or lease of the small modular nuclear reactor for which they were incurred. Project development costs that are incurred by a public utility for a project that is canceled or not completed may be recovered by the public utility if found by the commission to be reasonable, necessary, and prudently incurred, but such costs shall be recovered without a return unless the commission also finds that:

(1) the decision to cancel or not complete the project was prudently made for good cause;

(2) the project development costs incurred will be offset, as applicable, by:

(A) funding opportunities from the United States Department of Energy that are pursued in good faith by the public utility;

(B) a recoupment of revenues received by the public utility from one (1) or more third parties for the transfer of assets created through the costs incurred; or

(C) a reimbursement of costs by a single customer or prospective customer at whose request the project was pursued; and

(3) a return on the project development costs incurred is appropriate under the circumstances to avoid harm to the public utility and its customers.

(k) A public utility may elect not to seek approval of, or cost recovery for, project development costs under subsections (e) through (i) and instead seek approval from the commission to defer and amortize project development costs in accordance with the procedures set forth in section 6.5 of this chapter with respect to construction costs.

(l) The commission may adopt rules under IC 4-22-2 to implement subsections (e) through (k).

(m) This section shall not be construed to affect the authority of the United States Nuclear Regulatory Commission.

As added by P.L.155-2022, SEC.1. Amended by P.L.11-2023, SEC.35; P.L.33-2023, SEC.1; P.L.93-2024, SEC.67; P.L.48-2025, SEC.1.
Ind. Code § 8-23-9.5-15 — Indiana Code / Title 8 / Article 23 / Chapter 9.5 / Section 8-23-9.5-15
Answering requests for proposals; eligibility
Status: in_force

Sec. 15. A person may submit a proposal to answer a request for proposals to provide services as a CMGC or a PDB to the department for a project if the person is qualified by the department in compliance with IC 8-23-10.

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

Formerly: Acts 1905, c.167, s.2; Acts 1913, c.244, s.1. As amended by P.L.353-1983, SEC.3; P.L.86-1988, SEC.168. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-20-1-41 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-41
Repealed
Status: repealed

Formerly: Acts 1905, c.167, s.51. As amended by Acts 1981, P.L.47, SEC.12. Repealed by P.L.86-1988, SEC.227.