Ind. Code § 8-4-14-5 — Indiana Code / Title 8 / Article 4 / Chapter 14 / Section 8-4-14-5
Sinking fund; stock issuance
Status: in_force

Sec. 5. Said corporation shall have power to establish a sinking fund for the payment of its liabilities, and to issue capital stock to such aggregate amount as may be deemed necessary, not exceeding the amount named in the certificate of organization, the shares of which stock may, if so provided in a plan of reorganization approved or confirmed by a court of competent jurisdiction, be held, for a period not exceeding fifteen (15) years, by trustees possessing such voting and other rights pertaining to said shares as may be provided in such reorganization plan and in the trust document executed pursuant thereto; may make preferred or other special stock; make and establish preference in respect to dividends and assets in favor of one (1) or more classes of stock over and above other classes, and secure the same in such order and manner and to such extent as said corporation may deem expedient; may determine whether all or part of the shares of its capital stock shall have a par value, and, if so, the number and par value of such shares, and whether all or a part of said shares shall be without par value, and, if so, the number of such shares; may provide that each class of stockholders shall elect a specified number of members of each board of directors; may provide that stockholders shall have the privilege of cumulative voting in all elections of directors; may provide for the issuance of nondividend bearing and nonvoting script for fractional shares of stock; and may confer upon the holders of any of the bonds which it may issue or assume to pay the right to vote at all meetings of stockholders (not exceeding one (1) vote for each one hundred dollars ($100) of the par amount of said bonds), if deemed expedient; which right to vote, when once fixed, shall attach to and pass with said bonds, under such regulations as said corporation may prescribe, but shall not subject the holder to any assessment made by said company or to any liability for its debts, or entitle any holder thereof to dividends, or, in the alternative, may confer upon the holders of the bonds which it may issue or assume to pay, subject to such limitation, terms and conditions as said corporation may deem expedient to impose, the right to require that any number of the members of each board of directors (being not more than twenty-five (25) per cent of said members) shall at the time of their selection be persons satisfactory to the holders of said bonds provided that said corporation, subject to such limitations, terms and conditions as it may deem expedient to impose, may confer upon the holders of any issue of its bonds the right, whenever there shall be any unpaid accumulations of contingent interest thereon, to require that any number of the members of each board of directors shall at the time of their election be persons designated or nominated by the holders of the bonds of such issue, but in no case shall the number of directors so selected by bondholders exceed sixty per cent (60%) of the total number of members of the board of directors, and such right shall not subject the holder to any assessment made by said company or to any liability for its debts. The said corporation shall have capacity to hold, enjoy and exercise, within other states, the aforesaid faculties, powers, rights, franchises and immunities, and such others as may be conferred upon it by any law of this state or of any other state in which any portion of its railroad may be situate, or in which it may transact any part of its business; and may hold meetings of stockholders and of its board of directors, and do all corporate acts and things without this state as validly, and to the same extent, as it may do the same within the state, on the line of such road; and may make by-laws, rules and regulations, in relation to its business and the number of its directors, and the times and places of holding meetings of stockholders and directors; and may alter and change the same as may be deemed expedient.

Formerly: Acts 1945, c.202, s.5.
Ind. Code § 8-1-17-18 — Indiana Code / Title 8 / Article 1 / Chapter 17 / Section 8-1-17-18
Repealed
Status: repealed

Formerly: Acts 1951, c.193, s.18. As amended by P.L.59-1984, SEC.79; P.L.2-2006, SEC.46; P.L.1-2007, SEC.73. Repealed by P.L.3-2008, SEC.269.
Ind. Code § 8-1.5-3-14 — Indiana Code / Title 8 / Article 1.5 / Chapter 3 / Section 8-1.5-3-14
Annual report; exemption; examination of accounts
Status: in_force

Sec. 14. (a) A municipally owned utility under the jurisdiction of the commission for approval of rates and charges and of the issuance of stocks, bonds, notes, or other evidence of indebtedness shall file with the commission an annual report of the operation of the plant on forms prescribed by the commission. The annual reports shall be kept in the office of the commission as a public record. A municipally owned utility that has withdrawn from commission jurisdiction under IC 8-1-2-100 (before its repeal on January 1, 1983) or section 9 or 9.1 of this chapter is not required to file the annual report required by this section.

(b) The state board of accounts shall examine all accounts of every municipally owned utility. In the examination, inquiry shall be made as to:

(1) the financial condition and resources of the utility;

(2) whether the laws of the state have been complied with; and

(3) the methods and accuracy of the accounts and reports of the utilities examined.

The examination shall be made without notice, and its cost shall be paid out of the funds of the utility.

As added by Acts 1982, P.L.74, SEC.1. Amended by P.L.68-1990, SEC.2; P.L.181-2015, SEC.30.
Ind. Code § 8-21-2-3 — Indiana Code / Title 8 / Article 21 / Chapter 2 / Section 8-21-2-3
Licensing
Status: in_force

Sec. 3. A person engaging within this state in navigating the aircraft described in section 2 hereof in any form of navigation for which license to operate such aircraft would be required by the United States government shall have the qualifications necessary for obtaining and holding the class of license required by the United States government. It shall be unlawful for any person to engage in operating such aircraft within this state in any form of navigation unless he or she have such license.

Formerly: Acts 1929, c.171, s.3.
Ind. Code § 8-17-1-17 — Indiana Code / Title 8 / Article 17 / Chapter 1 / Section 8-17-1-17
Repealed
Status: repealed

Formerly: Acts 1919, c.112, s.18. As amended by Acts 1981, P.L.47, SEC.8; P.L.86-1988, SEC.81. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-1-28-13 — Indiana Code / Title 8 / Article 1 / Chapter 28 / Section 8-1-28-13
Utility's recovery of expenditures as result of plan modification
Status: in_force

Sec. 13. If the commission issues an order under section 7 or 15 of this chapter that approves modifications to a public utility's environmental compliance plan, the commission shall, absent fraud, concealment, gross mismanagement, or inadequate quality control, allow the public utility to recover under section 11 of this chapter, to the extent permitted under section 11 of this chapter, the following:

(1) The public utility's expenditures made under the environmental compliance plan before the date the commission issued the order approving the modified environmental compliance plan.

(2) The public utility's expenditures made under the modified environmental compliance plan after the date the commission issued the order approving the modified environmental compliance plan.

As added by P.L.76-1991, SEC.2.
Ind. Code § 8-1-40-9 — Indiana Code / Title 8 / Article 1 / Chapter 40 / Section 8-1-40-9
"Regional transmission organization"
Status: in_force

Sec. 9. As used in this chapter, "regional transmission organization" has the meaning set forth in IC 8-1-37-9.

As added by P.L.264-2017, SEC.6.
Ind. Code § 8-2.1-22-8 — Indiana Code / Title 8 / Article 2.1 / Chapter 22 / Section 8-2.1-22-8
Cooperation with other state agencies
Status: in_force

Sec. 8. The department may cooperate with other state agencies in adopting combined uniform procedures and forms when in the judgment of the affected agencies the action would be in the interest of the state, its citizens, and any other person subject to this chapter and to other related laws of state.

As added by P.L.99-1989, SEC.13.
Ind. Code § 8-1-8.9-1 — Indiana Code / Title 8 / Article 1 / Chapter 8.9 / Section 8-1-8.9-1
"Assignee" defined
Status: reserved

Sec. 1. (a) As used in this chapter, "assignee" means any individual, corporation, or other legal entity to which an SNG property interest is transferred.

(b) The term includes an assignee of a person described in subsection (a).

As added by P.L.175-2007, SEC.21.
Ind. Code § 8-2.1-17-7.5 — Indiana Code / Title 8 / Article 2.1 / Chapter 17 / Section 8-2.1-17-7.5
"Freight forwarder"
Status: in_force

Sec. 7.5. "Freight forwarder" means any person that:

(1) holds itself out to the general public (other than as a pipeline, rail, motor, air, or water carrier) as a provider of transportation of property for compensation; and

(2) in the ordinary course of its business:

(A) assembles and consolidates, or provides for assembling and consolidating, shipments and performs or provides for breakbulk and distribution operations of the shipments;

(B) assumes responsibility for the transportation from the place of receipt to the place of destination; and

(C) uses a carrier subject to this article for any part of the transportation from the place of receipt to the place of destination.

As added by P.L.42-2007, SEC.2.
Ind. Code § 8-10-1-25 — Indiana Code / Title 8 / Article 10 / Chapter 1 / Section 8-10-1-25
Investment in revenue bonds by financial institutions
Status: in_force

Sec. 25. Revenue bonds issued by the ports of Indiana under the provisions of this article shall constitute legal investments for any private trust funds, and the funds of any banks, trust companies, insurance companies, building and loan associations, credit unions, banks of discount and deposit, savings banks, loan and trust and safe deposit companies, rural loan and savings associations, guaranty loan and savings associations, mortgage guaranty companies, small loan companies, and industrial loan and investment companies, and any other financial institutions organized under Indiana statutes. The bonds are also made securities that may be deposited with and received by all public officers and bodies of Indiana or any agency or political subdivision of Indiana and all municipalities and public commissions for any purpose for which the deposit of bonds or other obligations of Indiana is now or may be later authorized by law.

Formerly: Acts 1961, c.11, s.25. As amended by P.L.66-1984, SEC.11; P.L.42-1993, SEC.7; P.L.224-2003, SEC.222 and P.L.271-2003, SEC.22; P.L.98-2008, SEC.34.
Ind. Code § 8-2.1-24-13 — Indiana Code / Title 8 / Article 2.1 / Chapter 24 / Section 8-2.1-24-13
Uniform procedures and forms
Status: in_force

Sec. 13. The department may cooperate with other state agencies in adopting combined uniform procedures and forms.

As added by P.L.110-1995, SEC.29.
Ind. Code § 8-3-22-6 — Indiana Code / Title 8 / Article 3 / Chapter 22 / Section 8-3-22-6
Meetings; voting
Status: in_force

Sec. 6. (a) The commission shall meet at least once in each calendar year and at other times as determined by the commission.

(b) Commission business shall be conducted according to the procedures and voting rights specified in the bylaws.

As added by P.L.131-2000, SEC.1.
Ind. Code § 8-15.5-7-4 — Indiana Code / Title 8 / Article 15.5 / Chapter 7 / Section 8-15.5-7-4
Criteria for establishment of user fees
Status: in_force

Sec. 4. (a) User fees established by the authority under section 1 of this chapter for the use of a toll road project or a facility project must be nondiscriminatory.

(b) For a toll road project, the user fees may include different user fees based on categories such as vehicle class, vehicle size, vehicle axles, vehicle weight, volume, location, or traffic congestion or such other means or classification as the authority determines to be appropriate.

(c) For a toll road project or a facility project, the user fees may:

(1) vary by time of day or year; or

(2) be based on one (1) or more factors considered relevant by the authority, which may include any combination of:

(A) the costs of:

(i) operation;

(ii) maintenance; and

(iii) repair and rehabilitation;

(B) debt service payments on bonds or other obligations;

(C) adequacy of working capital;

(D) depreciation;

(E) payment of user fees, any state, federal, or local taxes, or payments in lieu of taxes; and

(F) the sufficiency of income to:

(i) maintain the project in a sound physical and financial condition to render adequate and efficient service; and

(ii) induce an operator to enter into a public-private agreement.

As added by P.L.47-2006, SEC.39. Amended by P.L.213-2015, SEC.116.
Ind. Code § 8-9.5-7-5 — Indiana Code / Title 8 / Article 9.5 / Chapter 7 / Section 8-9.5-7-5
Ordinances; introduction of proposed draft; notice
Status: in_force

Sec. 5. (a) A member of the commission may introduce a proposed draft of an ordinance at a meeting of the commission. A person who introduces a proposed draft of an ordinance shall provide at the time of introduction a written copy of the proposed draft. The commission shall assign to each proposed draft of an ordinance a distinguishing number, and the date when introduced.

(b) Not more than seven (7) days after the introduction of a proposed draft of an ordinance nor less than seven (7) days before the final passage of a proposed draft of an ordinance, the commission shall publish a notice that the proposed ordinance is pending final action by the commission. The notice shall be published one (1) time in each of two (2) daily newspapers which have a general circulation in the jurisdiction of the commission.

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

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

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

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

As added by Acts 1982, P.L.77, SEC.1.
Ind. Code § 8-4-24-7 — Indiana Code / Title 8 / Article 4 / Chapter 24 / Section 8-4-24-7
Settlement of former account
Status: in_force

Sec. 7. No purchaser or purchasers of any railroad shall be entitled to any rights or benefits under this chapter until such purchaser or purchasers shall first assume and pay, in money or first class or satisfactory securities, to be issued by the new corporation formed upon the sale or transfer of any railroad as provided in this chapter for, as the creditor or creditors may elect, all ticket balances and back charges for freight, with interest, whether due upon account, judgment of a court of record, bond, note, or other instrument in writing, which the former railroad corporation may have owned or been in arrears for, to any connecting railroad company, operating a railroad entirely or in part in this state.

Formerly: Acts 1861, c.78, s.7. As amended by P.L.62-1984, SEC.78; P.L.136-2018, SEC.95.
Ind. Code § 8-1-2-5.5 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-5.5
Attachments by cable operators to electric distribution poles owned by rural electric cooperatives or municipalities; calculation of rental fees; unauthorized attachments; transfers and relocations
Status: in_force

Sec. 5.5. (a) As used in this section, "attaching entity" means a cable operator (as defined in 47 U.S.C. 522(5)) that seeks an attachment, or has an attachment, to a pole.

(b) As used in this section, "carrying charge factor", or "ccf", refers to the carrying charge factor, as described in subsection (i)(2)(B)(ii), that is used in calculating a pole attachment rental fee under subsection (i)(2)(B).

(c) As used in this section, "net bare pole cost", or "nbp", refers to the average net cost of a bare pole to the pole owner, as described in subsection (i)(2)(B)(iii), that is used in calculating a pole attachment rental fee under subsection (i)(2)(B).

(d) As used in this section, "pole" refers to an electric distribution pole.

(e) As used in this section, "pole owner" means a:

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

(2) corporation 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; or

(3) municipality providing electric service;

that owns or controls one (1) or more poles.

(f) As used in this section, "space allocation factor", or "saf", with respect to a pole, means the quotient of:

(1) the space on the pole occupied by an attaching entity; divided by

(2) the usable space on the pole;

as described in subsection (i)(2)(B)(i), that is used in calculating a pole attachment rental fee under subsection (i)(2)(B).

(g) Subject to subsections (h) through (s), a pole owner shall permit attachments by attaching entities to the poles owned or controlled by the pole owner.

(h) A rate, term, or condition imposed by a pole owner for access to poles owned or controlled by the pole owner:

(1) must be nondiscriminatory, just, and reasonable; and

(2) must not favor:

(A) the pole owner or an affiliate of the pole owner; or

(B) any other entity with facilities attached to the pole.

(i) Any pole attachment rental fee imposed by a pole owner for access to poles owned or controlled by the pole owner:

(1) must be calculated on an annual, per-pole basis; and

(2) is considered to provide reasonable compensation and to be nondiscriminatory, just, and reasonable if the fee:

(A) is agreed upon by the parties; or

(B) is not greater than the fee that would apply if the pole attachment rental fee were calculated by multiplying the following factors:

(i) Subject to subsection (j), the percentage of the total usable space that is occupied by the pole attachment.

(ii) The sum of the pole owner's annual administrative, maintenance, and depreciation expenses, plus cost of debt.

(iii) The net bare pole cost.

Expressed mathematically:

(saf) times (ccf) times (nbp)

(j) For purposes of determining the percentage of a pole's usable space that is occupied by a pole attachment under subsection (i)(2)(B)(i):

(1) the usable space is presumed to be sixteen (16) feet, based on an average pole height of forty (40) feet; and

(2) the pole attachment is presumed to occupy two (2) feet of usable space;

resulting in a space allocation factor of twelve and one-half percent (12.5%).

(k) If an attaching entity and a pole owner fail to agree upon:

(1) access to poles owned or controlled by the pole owner; or

(2) the rates, terms, and conditions for attachment to poles owned or controlled by the pole owner;

the attaching entity may apply to the commission for a determination of the matter.

(l) Upon receiving a request for a determination under subsection (k), the commission shall:

(1) proceed to determine whether:

(A) the denial of access to one (1) or more poles was unlawful; or

(B) the rates, terms, and conditions complained of were not just and reasonable as determined under subsection (i)(2)(B);

as applicable; and

(2) issue an order:

(A) directing that access to the poles at issue be permitted; and

(B) prescribing for such access such rates, terms, conditions, and compensations that:

(i) are reasonable; and

(ii) comply with subsections (h) and (i).

(m) In any case in which the commission issues an order under subsection (l):

(1) the access ordered by the commission under subsection (l)(2)(A) shall be permitted by the pole owner; and

(2) the rates, terms, conditions, and compensations prescribed by the commission under subsection (l)(2)(B) shall be observed, followed, and paid by the parties, as applicable;

subject to recourse to the courts upon the complaint of any interested party as provided in this chapter and in IC 8-1-3. Any order of the commission under subsection (l) may be revised by the commission from time to time upon application of any interested party or upon the commission's own motion.

(n) Any attachment to a pole may only be made with the written permission of the pole owner. If a contract does not exist between a pole owner and an attaching entity at the time an attachment is made, an attaching entity that violates this subsection shall pay a fine of five hundred dollars ($500) for each pole on which an unauthorized attachment is made.

(o) An attachment to a utility pole made without notification to the pole owner and without the pole owner's written authorization, as required by subsection (n), is considered to have been made on:

(1) the date of the most recent survey; or

(2) the date that is five (5) years before the date of first discovery of the unauthorized attachment by the pole owner;

whichever date is more recent. However, if the unauthorized pole attachment is discovered by survey, the unauthorized attachment is considered to have been made on the date of that survey.

(p) A pole owner's acceptance of payment for unauthorized pole attachments does not constitute a waiver of any other rights or remedies under an existing agreement or under any law.

(q) An attaching entity that has been given written permission from a pole owner for an attachment to the pole owner's pole is responsible for transferring the attachment not later than ninety (90) days after receiving written notice from the pole owner to do so. If:

(1) after the expiration of the ninety (90) day period described in this subsection; or

(2) after having been given as much notice as possible, in the case of an emergency;

the attaching entity has failed to rearrange or transfer the attaching entity's system, or an applicable portion of that system, the pole owner may rearrange the system or portion of the system, transfer the system or portion of the system to one (1) or more substituted poles, or relocate the system or portion of the system, and the attaching entity shall reimburse the pole owner for the pole owner's costs in doing so. However, this section does not relieve the attaching entity from maintaining adequate workforces readily at hand to handle the rearrangement, repair, service, or maintenance of the attaching entity's attached system, or any portions of that system, in the event that the condition of the attached system, or any portion of the system, hinders the pole owner's operations.

(r) An attaching entity is primarily responsible for:

(1) scheduling; and

(2) coordinating directly with all other users of a pole;

all relocations required as part of any project of the attaching entity. The pole owner shall assist in coordinating the relocation of the attaching entity's attachments or of other attachments to the pole owner's poles whenever the relocation is caused by any project of the attaching entity. The attaching entity shall indemnify and hold harmless the pole owner from any loss or liability that is incurred or claimed by the attaching entity or the attaching entity's contractor, and that arises from or is related to the failure of the pole owner to timely relocate a pole if that same attaching entity has not timely removed its attachment from the pole owner's pole.

(s) To the extent any provision set forth in this section conflicts with a provision in a contract in effect on July 1, 2021, the provision in the contract controls unless otherwise agreed to by the attaching entity and the pole owner.

As added by P.L.177-2021, SEC.3. Amended by P.L.9-2022, SEC.12.
Ind. Code § 8-6-3-4 — Indiana Code / Title 8 / Article 6 / Chapter 3 / Section 8-6-3-4
Railroad relocation projects; allocation of cost; local government powers
Status: in_force

Sec. 4. (a) Where a grade separation results from a railroad relocation project funded in substantial part by the federal government, the shares of the cost of the grade separation shall be allocated among all the participating governmental units and affected railroads as they may agree.

(b) A county, city, or town, in connection with any railroad relocation project funded in substantial part by the federal government, may:

(1) purchase, lease, or sell real or personal property;

(2) design and construct any pedestrian, motor vehicle, or railroad transportation facilities;

(3) enter into any contracts with federal, state, or local governmental agencies or the owner or operator of any railroad transportation system;

(4) convey by deed or lease, pursuant to written agreement, any pedestrian, motor vehicle, or railroad transportation facilities for any federal, state, or local governmental agency or the owner or operator of any railroad transportation system;

(5) issue any bonds, notes, or warrants for financing its share of the cost of the project; and

(6) perform all incidental and necessary acts in connection with the railroad relocation project.

(c) A city or town may exercise powers granted by this section within four (4) miles outside its corporate boundaries.

As added by P.L.65-1984, SEC.1.
Ind. Code § 8-23-9.5-11 — Indiana Code / Title 8 / Article 23 / Chapter 9.5 / Section 8-23-9.5-11
"Project"
Status: in_force

Sec. 11. (a) As used in this chapter, "project" means services provided using a two-phase contract with a CMGC or a PDB for preconstruction services and construction services to design, construct, alter, or repair:

(1) a state highway;

(2) a limited access facility (as defined in IC 8-23-1.1-27);

(3) a public highway (as defined in IC 9-25-2-4);

(4) a tollway;

(5) a bridge; and

(6) a passenger and freight railroad system.

(b) The term does not include a passenger railroad system that is operated by a commuter transportation district created by IC 8-5-15.

As added by P.L.60-2023, SEC.2. Amended by P.L.145-2026, SEC.38.
Ind. Code § 8-8-7-5 — Indiana Code / Title 8 / Article 8 / Chapter 7 / Section 8-8-7-5
Maximum height
Status: in_force

Sec. 5. The Indiana department of transportation may limit or prescribe the maximum height of a caboose to be used upon any railroad operating in or through the state, and the department may grant to a common carrier, upon full hearing and for good cause shown, a reasonable extension of time in which to comply with this chapter. An extension may not exceed a period of one (1) year from the time for compliance with this chapter.

Formerly: Acts 1911, c.60, s.5. As amended by P.L.62-1984, SEC.122; P.L.384-1987(ss), SEC.83; P.L.18-1990, SEC.92.
Ind. Code § 8-23-3-7 — Indiana Code / Title 8 / Article 23 / Chapter 3 / Section 8-23-3-7
Filing of approved grant applications; necessity of compliance
Status: in_force

Sec. 7. (a) Each political subdivision shall file with the department, at times prescribed by the department, copies of approved applications for grants described in section 1 of this chapter along with a copy of the grant approval letter.

(b) If a political subdivision does not comply with subsection (a) after the department has made reasonable attempts to reach an agreement with that political subdivision to obtain compliance, the department may order the state comptroller to withhold from that political subdivision the subdivision's allotted distribution of state motor fuel tax revenues. The state comptroller shall comply with the department's order.

(c) When compliance with subsection (a) is obtained, the state comptroller shall release all funds withheld under subsection (b) upon receipt of an order from the department.

As added by P.L.18-1990, SEC.212. Amended by P.L.9-2024, SEC.302.
Ind. Code § 8-23-9-39 — Indiana Code / Title 8 / Article 23 / Chapter 9 / Section 8-23-9-39
Claims against contractors; additional proceedings
Status: in_force

Sec. 39. Sections 34 through 38 of this chapter do not limit or abridge the right of a person, firm, limited liability company, or corporation to proceed against a contractor and surety as provided by section 10 of this chapter.

As added by P.L.18-1990, SEC.218. Amended by P.L.8-1993, SEC.162.
Ind. Code § 8-23-9.5-12 — Indiana Code / Title 8 / Article 23 / Chapter 9.5 / Section 8-23-9.5-12
"Proposal"
Status: in_force

Sec. 12. As used in this chapter, "proposal" means an offer by a CMGC or PDB to enter into a contract with the department in response to a request for proposals by the department under section 16 of this chapter.

As added by P.L.60-2023, SEC.2.
Ind. Code § 8-4.5-1-1 — Indiana Code / Title 8 / Article 4.5 / Chapter 1 / Section 8-4.5-1-1
Applicability of chapter
Status: in_force

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

As added by P.L.40-1995, SEC.3.
Ind. Code § 8-14-14-7 — Indiana Code / Title 8 / Article 14 / Chapter 14 / Section 8-14-14-7
Additional distributions from the fund
Status: in_force

Sec. 7. (a) In addition to any distributions required by section 6 of this chapter, money in the fund may be used for any of the following purposes:

(1) Except as provided in subsection (b), the payment of any obligation incurred or amounts owed by the authority, the department, or an operator under IC 8-15-2, IC 8-15-3, IC 8-15.5, or IC 8-15.7 in connection with the execution and performance of a public-private agreement under IC 8-15.5 or IC 8-15.7, including establishing reserves.

(2) Lease payments to the authority, if money for those payments is specifically appropriated by the general assembly.

(3) Distributions to the treasurer of state for deposit in the state highway fund, for the funding of any project in the department's transportation plan.

(b) Money in the fund may not be used for the payment of an obligation incurred or amounts owed by the authority, the department, or an operator under IC 8-15.7 in connection with a public-private agreement under IC 8-15.7 concerning a passenger or freight railroad system as described in IC 8-15.7-2-14(a)(4).

(c) The treasurer of state shall deposit in the toll road lease amendment proceeds fund established by IC 8-14-14.2-1 all proceeds, including interest earned on these proceeds, received under the First Amendment to the Amended and Restated Indiana Toll Road Concession and Lease Agreement entered on September 21, 2018.

As added by P.L.47-2006, SEC.5. Amended by P.L.203-2007, SEC.3; P.L.108-2019, SEC.153.
Ind. Code § 8-23-2-19 — Indiana Code / Title 8 / Article 23 / Chapter 2 / Section 8-23-2-19
Road and bridge condition metrics; prioritization system; budgetary needs
Status: in_force

Sec. 19. (a) The department shall:

(1) establish a single statewide set of state and local road and bridge condition metrics;

(2) use the metrics in subdivision (1) to:

(A) evaluate and compare state and local road and bridge conditions in local units within Indiana; and

(B) evaluate and compare Indiana's statewide road and bridge conditions to road and bridge conditions in states with similar climate, soil, and traffic conditions; and

(3) develop goals, timelines, and milestones to ensure that Indiana's state and local road and bridge conditions are in the top quarter of the states included in the comparison in subdivision (2).

(b) The department shall develop a state and local road and bridge project prioritization system and project priority list. The project prioritization system must be based on a model that includes at least the following variables:

(1) Safety.

(2) Congestion.

(3) Environment.

(4) Regional and state economic contribution.

(5) Potential intermodal connectivity.

(6) Total cost of ownership.

(c) The commissioner shall appoint two (2) economic professionals and two (2) engineering professionals to establish and administer the project prioritization system and model. The appointees:

(1) serve at the pleasure of the commissioner; and

(2) are entitled to compensation set by the budget agency.

(d) The department shall use the results of the model established under this section to determine short term and long term budgetary needs. The determination must achieve the following infrastructure goals:

(1) Preserve and maintain current infrastructure resources.

(2) Provide for projected mobility needs for movement of people and goods.

(e) The department may adjust the project priority list established under this section if the department determines that unforeseen circumstances require an adjustment.

(f) The general assembly may not approve or disapprove projects on the department's project priority list.

As added by P.L.218-2017, SEC.79.
Ind. Code § 8-1-32.3-26 — Indiana Code / Title 8 / Article 1 / Chapter 32.3 / Section 8-1-32.3-26
Small cell facilities; exemption for placement in right-of-way; small cell networks; application fees; permit authority's proposed alternative location; procedures and time for review; prohibited acts by permit authority; safety regulations for use of public right-of-way; utility poles owned or controlled by governmental unit
Status: in_force

Sec. 26. (a) An application for a permit or approval for the construction, placement, or use of small cell facilities is subject to the following:

(1) The placement of a small cell facility and the associated supporting structure in the public right-of-way is considered a permitted use and is exempt from local zoning review if the total height of the structure supporting the small cell facility does not exceed the greater of:

(A) fifty (50) feet measured from grade; or

(B) the height of any utility pole in place on July 1, 2017, and within five hundred (500) feet of the proposed small cell facility, plus ten (10) feet.

(2) A permit authority shall allow an applicant to submit a single consolidated application for multiple small cell facilities that are located within the permit authority's jurisdiction and constitute a single small cell network. The permit authority shall issue a single permit for the small cell network rather than multiple permits for each small cell facility.

(3) The total of any application fees allowed under this section may not exceed the lesser of:

(A) the amount charged by the permit authority for an application for a building permit for any similar type of commercial:

(i) construction;

(ii) activity; or

(iii) land use development;

within the jurisdiction of the permit authority; or

(B) one hundred dollars ($100) per small cell facility included in the application.

(4) With respect to an application for the construction, placement, or use of a small cell facility and the associated supporting structure at a location where a supporting structure does not exist, a permit authority may propose, as an alternative location for the proposed small cell facility, that the small cell facility be collocated on an existing utility pole or on an existing wireless support structure, if the existing utility pole or the existing wireless support structure is located within fifty (50) feet of the location proposed in the application. The applicant shall use the alternative location proposed by the permit authority if:

(A) the applicant's right to use the alternative location is subject to reasonable terms and conditions; and

(B) the alternative location will not result in technical limitations or additional costs, as determined by the applicant.

(5) With respect to an application for the construction, placement, or use of a small cell facility and the associated supporting structure, a permit authority shall follow the procedures and time limits for review and approval that apply to collocation permit applications under section 22 of this chapter. However, notwithstanding section 22(f) of this chapter, not more than sixty (60) days after making an initial determination of completeness under section 22(d) of this chapter with respect to an application for the construction, placement, or use of a small cell facility and the associated supporting structure, a permit authority shall notify the applicant in writing whether the application is approved or denied. However, if the applicant requested additional time as allowed under section 22(e) of this chapter to cure defects in the application, the permit authority may extend the sixty (60) day period for a corresponding amount of time.

(b) Subject to subsection (c), with respect to the construction, placement, or use of any small cell facility and the associated supporting structure, a permit authority shall not do any of the following:

(1) Limit the placement of the small cell facility by minimum separation distances or maximum height limitations.

(2) Impose unreasonable requirements regarding the maintenance or appearance of the small cell facility and associated supporting structure, including requirements concerning the types of materials to be used or the screening or landscaping of the location.

(3) Condition the grant of approval on the applicant's agreement to allow other wireless facilities to be placed at, attached to, or located on the associated wireless support structure or utility pole.

(4) Limit the duration of any permit that is granted. However, a permit authority may require that, as applicable, construction commence not later than two (2) years after the date the permit is granted.

(5) Prohibit an applicant from locating a small cell facility, wireless support structure, or utility pole in a residential area.

(6) Impose setback or fall-zone requirements for the associated wireless support structure or utility pole that are different from requirements imposed on other types of structures in the right-of-way.

(7) Require the removal of existing wireless support structures, wireless facilities, or utility poles, wherever located, as a condition for approval of the application. However, this subdivision does not prohibit the permit authority from adopting reasonable rules intended to ensure the public health, safety, and welfare regarding the removal of an abandoned wireless support structure or abandoned wireless facilities.

(c) This chapter does not prohibit a permit authority from applying a reasonable and generally applicable safety regulation under IC 8-1-2-101(b) to the construction, placement, or use of small cell facilities and associated supporting structures in the public right-of-way.

(d) The construction, placement, or use of small cell facilities on a utility pole owned or controlled by a governmental unit is subject to the following:

(1) The rate for the construction, placement, or use of small cell facilities on the utility pole owned or controlled by the unit may not exceed fifty dollars ($50) per utility pole per year.

(2) For a utility pole used to provide communications service or electric service, the parties to the construction, placement, or use shall comply with the process for make ready work under 47 U.S.C. 224 and any associated implementing regulations. The good faith estimate of the unit owning or controlling the utility pole with respect to any make ready work necessary to enable the utility pole to support the requested placement must include pole replacement if necessary.

(3) For a utility pole that does not support aerial facilities used to provide communications service or electric service, the unit shall provide a good faith estimate for any make ready work necessary to enable the utility pole to support the requested construction, placement, or use, including pole replacement if necessary, not later than sixty (60) days after the unit's receipt of a complete application. Make ready work, including any pole replacement, shall be completed not later than sixty (60) days after the applicant's written acceptance of the good faith estimate.

(4) The unit shall not require more make ready work than required to meet applicable codes (as defined in section 15(b)(3) of this chapter) or industry standards. Fees for make ready work may not include costs related to preexisting or prior damage or to noncompliance. Fees for make ready work, including any utility pole replacement, may not:

(A) exceed actual costs or the amount charged to communications service providers for similar work; or

(B) include any consultants' fees or expenses.

(5) Subject to subdivision (7), the unit shall offer rates, fees, and other terms for the construction, placement, or use that comply with this chapter. Not later than:

(A) December 31, 2017; or

(B) three (3) months after receiving the first request under this chapter for the construction, placement, or use of a small wireless facility on a utility pole owned or controlled by the unit;

whichever occurs later, the unit shall establish and make available, by ordinance or otherwise, the rates, fees, and terms that govern the construction, placement, or use of small cell facilities on utility poles owned or controlled by the unit and that are in compliance with this chapter.

(6) The unit or a utility owned by the unit shall not impose a rental or other recurring fee for small cell facilities that are strung or located between utility poles if one (1) or more of the utility poles has an associated attachment for which a rental rate is charged.

(7) The unit may impose additional general terms and conditions for the construction, placement, or use of small cell facilities on utility poles owned or controlled by the unit if the additional general terms and conditions are:

(A) consistent with this chapter;

(B) reasonable;

(C) nondiscriminatory; and

(D) generally applicable to users of the rights-of-way.

Additional general terms and conditions authorized by this subdivision must be included in the rates, fees, and terms that the unit is required to establish and make available under subdivision (5).

As added by P.L.145-2015, SEC.3. Amended by P.L.261-2017, SEC.9.
Ind. Code § 8-2.1-25-4 — Indiana Code / Title 8 / Article 2.1 / Chapter 25 / Section 8-2.1-25-4
"Organizational activity" defined
Status: in_force

Sec. 4. As used in this chapter, "organizational activity" means any activity:

(1) that is sponsored, controlled, or supervised by an Indiana public or private organization; and

(2) to, for, or from which a motor carrier will provide transportation to the organization but not to the general public.

As added by P.L.86-1997, SEC.1.
Ind. Code § 8-21-9-3 — Indiana Code / Title 8 / Article 21 / Chapter 9 / Section 8-21-9-3
Repealed
Status: repealed

Formerly: Acts 1971, P.L.105, SEC.2. Repealed by Acts 1980, P.L.74, SEC.434.
Ind. Code § 8-1-2-52 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-52
Information; submission to commission
Status: in_force

Sec. 52. Every public utility shall furnish to the commission all information required by it to carry into effect the provisions of this chapter and shall make specific answers to all questions submitted by the commission.

Formerly: Acts 1913, c.76, s.55. As amended by P.L.59-1984, SEC.25.
Ind. Code § 8-9.5-8-17 — Indiana Code / Title 8 / Article 9.5 / Chapter 8 / Section 8-9.5-8-17
Toll road assistance programs
Status: in_force

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

Sec. 17. The authority shall study and implement programs to assist in the transportation of military veterans or individuals with a disability (as defined in IC 6-1.1-12-11) who travel on a toll road to or from a hospital for treatment. However, a program may not be inconsistent with the trust indenture securing the bonds of the toll road.

As added by P.L.83-1996, SEC.1. Amended by P.L.99-2007, SEC.34.
Ind. Code § 8-1-2-22 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-22
Depreciation fund; management
Status: reserved

Sec. 22. All money thus provided shall be set aside out of the earnings and carried in a separate depreciation fund. The money in this fund shall be applied first to depreciation expenses. Any balance in the fund, not applied to depreciation expenses, may be invested by the public utility or expended temporarily by it for new construction, extensions or additions to its utility property. This fund shall be used for no other purpose. If invested, the income from the investment shall be carried into and become a part of the depreciation fund. Any balance, not applied to depreciation expenses, shall always remain a part of the depreciation fund. In no event shall moneys, temporarily expended from this fund for new construction, extensions or additions to the property, be carried into or considered a part of the capital account of such public utility. Upon the sale of any public utility property, to continue in operation as such, the balance in the depreciation fund, unexpended for depreciation expenses, shall be transferred to the purchaser and by the purchaser shall be held, administered and used as herein authorized and required.

Formerly: Acts 1913, c.76, s.25; Acts 1925, c.64, s.2.
Ind. Code § 8-1.5-2-5 — Indiana Code / Title 8 / Article 1.5 / Chapter 2 / Section 8-1.5-2-5
Sale of nonsurplus property; appraiser qualifications; public hearing; ordinance for sale; effective date; petitions opposing sale; submission to voters; ordinances adopted after March 28, 2016
Status: in_force

Sec. 5. (a) Each appraiser appointed as provided by section 4 of this chapter must:

(1) by education and experience, have such expert and technical knowledge and qualifications as to make a proper appraisal and valuation of the property of the type and nature involved in the sale;

(2) be a disinterested person; and

(3) not be a resident or taxpayer of the municipality.

(b) The appraisers shall:

(1) be sworn to make a just and true valuation of the property; and

(2) return their appraisal, in writing, to the:

(A) municipal legislative body; or

(B) municipal executive;

that appointed them within the time fixed in the writing appointing them under section 4 of this chapter.

(c) If all three (3) appraisers cannot agree as to the appraised value, the appraisal, when signed by two (2) of the appraisers, constitutes a good and valid appraisal.

(d) If, after the return of the appraisal by the appraisers, the legislative body and the municipal executive decide to proceed with the sale or disposition of the nonsurplus municipally owned utility property, the legislative body shall, not earlier than the thirty (30) day period described in subsection (e) and not later than one hundred eighty (180) days after the return of the appraisal, hold a public hearing to do the following:

(1) Review and explain the appraisal.

(2) Receive public comment on the proposed sale or disposition of the nonsurplus municipally owned utility property.

Not less than thirty (30) days or more than sixty (60) days after the date of a hearing under this section, the legislative body may adopt an ordinance providing for the sale or disposition of the nonsurplus municipally owned utility property, subject to subsections (f) and (g) and, in the case of an ordinance adopted under this subsection after March 28, 2016, subject to section 6.1 of this chapter. The legislative body is not required to adopt an ordinance providing for the sale or disposition of the nonsurplus municipally owned utility property if, after the hearing, the legislative body determines it is not in the interest of the municipality to proceed with the sale or disposition. Notice of a hearing under this section shall be published in the manner prescribed by IC 5-3-1.

(e) The hearing on the proposed sale or disposition of the nonsurplus municipally owned utility property may not be held less than thirty (30) days after notice of the hearing is given as required by subsection (d).

(f) Subject to subsection (j), an ordinance adopted under subsection (d) does not take effect until the latest of the following:

(1) The expiration of the thirty (30) day period described in subsection (g), if the question as to whether the sale or disposition should be made is not submitted to the voters of the municipality under subsection (g).

(2) If:

(A) the question as to whether the sale or disposition shall be made is submitted to the voters of the municipality under subsection (g); and

(B) a majority of the voters voting on the question vote for the sale or disposition;

at such time that the vote is determined to be final.

(3) The effective date specified by the legislative body in the ordinance.

(g) Subject to subsection (m) and to section 6.1 of this chapter in the case of an ordinance adopted under subsection (d) after March 28, 2016, if:

(1) the legislative body adopts an ordinance under subsection (d); and

(2) not later than thirty (30) days after the date the ordinance is adopted at least the number of the registered voters of the municipality set forth in subsection (h) sign and present a petition to the legislative body opposing the sale or disposition;

the legislative body shall submit the question as to whether the sale or disposition shall be made to the voters of the municipality at a special or general election. In submitting the public question to the voters, the legislative body shall certify within the time set forth in IC 3-10-9-3, if applicable, the question to the county election board of the county containing the greatest percentage of population of the municipality. The county election board shall adopt a resolution setting forth the text of the public question and shall submit the question as to whether the sale or disposition shall be made to the voters of the municipality at a special or general election on a date specified by the municipal legislative body. Pending the results of an election under this subsection, the municipality may not take further action to sell or dispose of the property as provided in the ordinance.

(h) Subject to subsection (m) and to section 6.1 of this chapter in the case of an ordinance adopted under subsection (d) after March 28, 2016, the number of signatures required on a petition opposing the sale or disposition under subsection (g) is as follows:

(1) In a municipality with not more than one thousand (1,000) registered voters, thirty percent (30%) of the registered voters.

(2) In a municipality with at least one thousand one (1,001) registered voters and not more than five thousand (5,000) registered voters, fifteen percent (15%) of the registered voters.

(3) In a municipality with at least five thousand one (5,001) registered voters and not more than twenty-five thousand (25,000) registered voters, ten percent (10%) of the registered voters.

(4) In a municipality with at least twenty-five thousand one (25,001) registered voters, five percent (5%) of the registered voters.

(i) If a majority of the voters voting on the question vote for the sale or disposition, the legislative body shall proceed to sell or dispose of the property as provided in the ordinance, subject to subsection (m) and to section 6.1 of this chapter in the case of an ordinance adopted under subsection (d) after March 28, 2016.

(j) If a majority of the voters voting on the question vote against the sale or disposition, the ordinance adopted under subsection (d) does not take effect and the sale or disposition may not be made, subject to subsection (m) and to section 6.1 of this chapter in the case of an ordinance adopted under subsection (d) after March 28, 2016.

(k) If:

(1) the legislative body adopts an ordinance under subsection (d); and

(2) after the expiration of the thirty (30) day period described in subsection (g), a petition is not filed;

the municipal legislative body may proceed to sell the property as provided in the ordinance, subject to subsection (m) and to section 6.1 of this chapter in the case of an ordinance adopted under subsection (d) after March 28, 2016.

(l) Notwithstanding the procedures set forth in this section, if:

(1) before July 1, 2015, a municipality adopts an ordinance under this section for the sale or disposition of nonsurplus municipally owned utility property in accordance with the procedures set forth in this section before its amendment on July 1, 2015; and

(2) the ordinance adopted takes effect before July 1, 2015, in accordance with the procedures set forth in this section before its amendment on July 1, 2015;

the ordinance is not subject to challenge under subsection (g) after June 30, 2015, regardless of whether the thirty (30) day period described in subsection (g) expires after June 30, 2015. An ordinance described in this subsection is effective for all purposes and is legalized and validated.

(m) Subsections (g) through (k) do not apply to an ordinance adopted under subsection (d) after March 28, 2016, if the commission determines, in reviewing the proposed sale or disposition under section 6.1(h) of this chapter, that the factors set forth in IC 8-1-30.3-5(d) are satisfied as applied to the proposed sale or disposition.

As added by Acts 1982, P.L.74, SEC.1. Amended by P.L.12-1995, SEC.99; P.L.3-1997, SEC.425; P.L.2-1998, SEC.34; P.L.103-2008, SEC.3; P.L.68-2015, SEC.3; P.L.149-2016, SEC.37; P.L.98-2016, SEC.8; P.L.229-2019, SEC.8.
Ind. Code § 8-14-8-7 — Indiana Code / Title 8 / Article 14 / Chapter 8 / Section 8-14-8-7
Loan approval; agreement; terms; repayment
Status: in_force

Sec. 7. (a) The Indiana department of transportation shall notify a qualified county that makes a loan application of the department's approval or disapproval of the application within sixty (60) days of the date of application. The decision made by the department to approve or disapprove a loan application is final.

(b) The Indiana department of transportation and each qualified county for which a loan has been approved under this chapter shall enter into a loan agreement which shall specify, as a minimum, the purposes for which the loan is to be used and the terms of repayment of the loan. The terms must be consistent with subsection (c).

(c) The maximum term of repayment of a loan made under this section is ten (10) years. A loan that is repaid within the term of repayment specified in the loan agreement is not subject to interest. If a loan is not fully repaid within the term of repayment, the balance that remains unpaid at the end of the term of repayment is subject to interest at the rate of twelve percent (12%) per year.

As added by Acts 1981, P.L.88, SEC.12. Amended by P.L.114-1983, SEC.3; P.L.18-1990, SEC.117.
Ind. Code § 8-18-21-4 — Indiana Code / Title 8 / Article 18 / Chapter 21 / Section 8-18-21-4
Counties with consolidated cities; approval
Status: in_force

Sec. 4. The toll road authority in a county having a consolidated city may not construct or finance unless that action is first approved by:

(1) the city-county legislative body; and

(2) the legislative body of the unit involved.

As added by P.L.386-1987(ss), SEC.21.
Ind. Code § 8-15.5-13-1 — Indiana Code / Title 8 / Article 15.5 / Chapter 13 / Section 8-15.5-13-1
Application of definitions
Status: in_force

Sec. 1. The definitions in IC 3-5-2.1 apply to this chapter to the extent they do not conflict with the definitions in this article.

As added by P.L.47-2006, SEC.39. Amended by P.L.186-2025, SEC.79.
Ind. Code § 8-23-7-22 — Indiana Code / Title 8 / Article 23 / Chapter 7 / Section 8-23-7-22
Change of state highway to tollway
Status: in_force

Sec. 22. The department may, after issuing an order and receiving the governor's approval, determine that a state highway should become a tollway. After the order becomes effective, the department shall maintain and operate the tollway and levy and collect tolls as provided in IC 8-15-3 or enter into a public-private agreement with an operator with respect to the tollway under IC 8-15.7. Before issuing an order under this section, the department shall submit to the governor a plan to bring the tollway to the current design standards of the department for new state highways within a specified period. The specified period may not exceed five (5) years.

As added by P.L.18-1990, SEC.216. Amended by P.L.47-2006, SEC.41; P.L.85-2010, SEC.24; P.L.163-2011, SEC.17; P.L.13-2013, SEC.30; P.L.94-2015, SEC.5; P.L.165-2021, SEC.133; P.L.12-2022, SEC.7; P.L.19-2023, SEC.4; P.L.173-2025, SEC.23.
Ind. Code § 8-22-3.7-23 — Indiana Code / Title 8 / Article 22 / Chapter 3.7 / Section 8-22-3.7-23
Impairment of bondholder rights
Status: in_force

Sec. 23. The general assembly covenants that it will not:

(1) repeal or amend this chapter, IC 8-22-3.5, or IC 8-22-3.6 in a manner that would adversely affect owners of outstanding bonds, or payment of any lease rentals, secured by the revenues pledged under this chapter, IC 8-22-3.5, or IC 8-22-3.6; or

(2) in any way impair the rights of owners of bonds of the development authority, or the owners of bonds secured by lease rentals, secured by a pledge of revenues under this chapter or IC 8-22-3.6.

As added by P.L.108-1993, SEC.11.
Ind. Code § 8-1-46.1-10 — Indiana Code / Title 8 / Article 1 / Chapter 46.1 / Section 8-1-46.1-10
"Regulating authority"
Status: in_force

Sec. 10. As used in this chapter, "regulating authority" means an entity that receives wastewater from a regulated entity.

As added by P.L.95-2026, SEC.1.
Ind. Code § 8-23-17-7 — Indiana Code / Title 8 / Article 23 / Chapter 17 / Section 8-23-17-7
"Adequate replacement dwelling" defined
Status: in_force

Sec. 7. As used in this chapter, "adequate replacement dwelling" means a dwelling that is:

(1) at least comparable in essential accommodations and value to the dwelling acquired by the agency;

(2) a decent, safe, and sanitary dwelling meeting all minimum requirements of applicable building, housing, and fire prevention codes;

(3) located in an area not generally less desirable than the area in which the dwelling acquired by the agency is located, in regard to public utilities and public and commercial facilities;

(4) reasonably accessible to the principal place of employment of the head of the household;

(5) available for purchase or rental on the private market; and

(6) available for purchase or rental at a price or rent within the financial means of the displaced person. A dwelling available for purchase is considered to be within the financial means of a person only if, after taking into account that part of the acquisition cost paid to the displaced person plus any payment made under section 16 or 17 of this chapter, a loan commitment may be obtained from a lending institution, with or without the aid of any federal or other program of loan insurance, in the principal amount equal to the balance of the purchase price of the replacement dwelling.

As added by P.L.18-1990, SEC.226.
Ind. Code § 8-15-3-6 — Indiana Code / Title 8 / Article 15 / Chapter 3 / Section 8-15-3-6
"State highway"
Status: in_force

Sec. 6. As used in this chapter, "state highway" means a public road for which the department is responsible under IC 8-23-2-4.1(4).

As added by P.L.386-1987(ss), SEC.13. Amended by P.L.1-2002, SEC.37.
Ind. Code § 8-1-2-6.1 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-6.1
Indiana coal and clean coal technology; research, development, and preconstruction expenses
Status: in_force

Sec. 6.1. (a) As used in this section, "clean coal technology" means a technology (including precombustion treatment of coal):

(1) that is used at a new or existing electric generating facility and directly or indirectly reduces airborne emissions of sulfur or nitrogen based pollutants associated with the combustion or use of coal; and

(2) that either:

(A) is not in general commercial use at the same or greater scale in new or existing facilities in the United States as of January 1, 1989; or

(B) has been selected by the United States Department of Energy for funding under its Innovative Clean Coal Technology program and is finally approved for such funding on or after January 1, 1989.

(b) As used in this section, "Indiana coal" means coal from a mine whose coal deposits are located in the ground wholly or partially in Indiana regardless of the location of the mine's tipple.

(c) Except as provided in subsection (d), the commission shall allow a utility to recover as operating expenses those expenses associated with:

(1) research and development designed to increase use of Indiana coal; and

(2) preconstruction costs (including design and engineering costs) associated with employing clean coal technology at a new or existing coal burning electric generating facility if the commission finds that the facility:

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

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

after the technology is in place.

(d) The commission may only allow a utility to recover preconstruction costs as operating expenses on a particular project if the commission awarded a certificate under IC 8-1-8.7 for that project.

(e) The commission shall establish guidelines for determining recoverable expenses.

As added by P.L.88-1985, SEC.1. Amended by P.L.105-1989, SEC.1.
Ind. Code § 8-3-5-1 — Indiana Code / Title 8 / Article 3 / Chapter 5 / Section 8-3-5-1
Application; public use
Status: in_force

Sec. 1. The following may adopt the provisions of IC 8-4-1 for condemning real estate:

(1) Before July 1, 2017, any railroad company organized under Indiana statutes but not under IC 8-4-1.

(2) After June 30, 2017, a rail carrier (as defined in 49 U.S.C. 10102(5)) that is:

(A) incorporated in Indiana; or

(B) a foreign corporation, partnership, or limited liability company authorized to do business in Indiana.

However, nothing in this section contained shall be deemed or held to authorize such entities to condemn for any purpose that is not a public use authorized by its charter, but such entity adopting the provisions of that chapter shall not condemn more, or for any purpose than as authorized as a public use by its charter; neither shall such entity be deemed to have surrendered or abandoned its charter by condemning real estate as authorized in this section.

Formerly: Acts 1889, c.194, s.1. As amended by P.L.62-1984, SEC.27; P.L.146-2017, SEC.1.
Ind. Code § 8-8-10-1 — Indiana Code / Title 8 / Article 8 / Chapter 10 / Section 8-8-10-1
Light or reflectorized target required
Status: in_force

Sec. 1. Every railroad operating wholly or partly in Indiana must place and maintain a signal light or a reflectorized switch target upon each switch and each derail switch which is connected with the main track of the railroad. The signal light or the reflectorized switch target must indicate the position of the switch and be clearly visible at all times. Every switch position indicator must indicate safety when the switch is set to the main track and must indicate danger when the switch is not set to the main track.

Formerly: Acts 1901, c.99, s.1. As amended by Acts 1977, P.L.106, SEC.2.
Ind. Code § 8-20-1-40 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-40
Repealed
Status: repealed

Formerly: Acts 1905, c.167, s.50. As amended by P.L.86-1988, SEC.192. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-23-9-38 — Indiana Code / Title 8 / Article 23 / Chapter 9 / Section 8-23-9-38
Claims against contractors; failure to file action and certificate
Status: in_force

Sec. 38. If a claimant does not file an action under section 36 of this chapter within the time specified in the notice or fails to file with the department the certificate of the clerk, the department shall pay the amount held by the department on the claim to the contractor. If the claim has been protected by check, bond, or security, the check, bond, or security shall be delivered to the contractor. If the check, bond, or security has been deposited for the protection of two (2) or more claimants, the check, bond, or other security shall be held by the department for the protection of all claimants until all are either released, waived, or satisfied.

As added by P.L.18-1990, SEC.218.
Ind. Code § 8-1-26-19 — Indiana Code / Title 8 / Article 1 / Chapter 26 / Section 8-1-26-19
Emergency excavation or demolition; notice requirements; penalties
Status: in_force

Sec. 19. (a) A person responsible for emergency excavation or demolition to ameliorate an imminent danger to life, health, property, or loss of service is not required to comply with the notice requirements of section 16 of this chapter. However, that person shall:

(1) as soon as practicable, give notice, in the manner prescribed by the association, of the emergency excavation or demolition to the association; and

(2) request emergency assistance from each operator identified by the association as having underground facilities located in the area of the emergency excavation or demolition in locating and providing immediate protection to the operator's underground facilities.

(b) This section applies to an operator making an emergency repair to its own underground facility.

(c) A person that knowingly provides false notice of an emergency excavation or demolition to the association under subsection (a) may be subject to a civil penalty in an amount recommended by the advisory committee and approved by the commission, not to exceed one thousand dollars ($1,000).

As added by P.L.69-1990, SEC.2. Amended by P.L.62-2009, SEC.16; P.L.53-2024, SEC.9.
Ind. Code § 8-1-46-3 — Indiana Code / Title 8 / Article 1 / Chapter 46 / Section 8-1-46-3
"Customer"
Status: in_force

Sec. 3. (a) As used this chapter, "customer", with respect to an electricity supplier, means a metered electrical service point:

(1) that is located at a specific location in Indiana; and

(2) for which an active billing account is established by the electricity supplier.

(b) As the context requires, the term includes the person of record who has agreed to pay for the retail electric service provided by the electricity supplier at the location described in subsection (a).

As added by P.L.36-2026, SEC.10.
Ind. Code § 8-14.5-6-19 — Indiana Code / Title 8 / Article 14.5 / Chapter 6 / Section 8-14.5-6-19
Trust agreements or resolutions
Status: in_force

Sec. 19. (a) In the discretion of the authority, any bonds and notes issued under this chapter may be secured by a trust agreement by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company in Indiana. Such a trust agreement may also provide for a cotrustee, which may be any trust company or bank in Indiana or another state.

(b) The trust agreement or the resolution providing for the issuance of the bonds or notes may contain provisions for protecting and enforcing the rights and remedies of the owners of bonds or notes as may be reasonable and proper, in the discretion of the authority, and not in violation of law.

(c) The trust agreement or resolution may set forth the rights and remedies of the owners of any bonds or notes of the trustee and may restrict the individual right of action by the owners.

(d) Any trust agreement or resolution may contain other provisions that the authority considers reasonable and proper for the security of the owners of bonds or notes.

(e) All expenses incurred in carrying out the provisions of the trust agreement or resolution may be paid from money pledged or assigned to the payment of the principal of and interest on bonds or notes or from any other funds available to the authority.

As added by P.L.68-1988, SEC.12.
Ind. Code § 8-1-8.4-2 — Indiana Code / Title 8 / Article 1 / Chapter 8.4 / Section 8-1-8.4-2
"Compliance project"
Status: in_force

Sec. 2. (a) As used in this chapter, "compliance project" means a project:

(1) undertaken by an energy utility; and

(2) related to the direct or indirect compliance by the energy utility with one (1) or more federally mandated requirements.

(b) The term includes:

(1) an addition; or

(2) an integrity, enhancement, or a replacement project;

undertaken by an energy utility to comply with a federally mandated requirement described in section 5(5) of this chapter.

As added by P.L.150-2011, SEC.1. Amended by P.L.2-2023, SEC.2.
Ind. Code § 8-1-2-30 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-30
Repealed
Status: repealed

Formerly: Acts 1913, c.76, s.33. Repealed by P.L.12-1984, SEC.6.
Ind. Code § 8-22-3-33 — Indiana Code / Title 8 / Article 22 / Chapter 3 / Section 8-22-3-33
Transfer of powers and duties to airport authority
Status: reserved

Sec. 33. (a) On the date of the organization and first meeting of the board of an authority, all powers, rights, and obligations, airports and landing fields, and administrative functions within the jurisdiction of a duly constituted board of aviation commissioners existing within the district of the authority are transferred to and vested in the board of the authority. The board of aviation commissioners is then dissolved and the terms of its members terminated.

(b) All books, plans, records, maps, and all other personal property of the dissolved board of aviation commissioners become the property of the authority. The authority takes title to and ownership of all accounts receivable and all contracts and other assets of the aviation department of a city, town or county within the district, including all monies held for use of the aviation department whether appropriated or not. The authority is obligated for all debts and other obligations of the aviation department, including the obligation to pay the unpaid balance of the principal and interest of any bonds of the city, town, or county, to the extent the monies of the bonds were expended in the capital investment of an airport transferred to the authority.

[Pre-Local Government Recodification Citations: 19-6-2-36; 19-6-3-37; 19-6-3.5-37.]

As added by Acts 1980, P.L.8, SEC.73.
Ind. Code § 8-23-24.5-8 — Indiana Code / Title 8 / Article 23 / Chapter 24.5 / Section 8-23-24.5-8
Priority use
Status: in_force

Sec. 8. To the extent permitted by federal law, the department shall make the use of highway rights-of-way as provided in this chapter a priority over all other uses.

As added by P.L.182-2009(ss), SEC.281.
Ind. Code § 8-1-2.2-31 — Indiana Code / Title 8 / Article 1 / Chapter 2.2 / Section 8-1-2.2-31
Member participating by electronic means of communication
Status: in_force

Sec. 31. (a) Except as provided in subsection (e), at least a quorum of the board must be physically present at the place where a meeting of the board of commissioners of a joint agency is conducted.

(b) A member of the board of commissioners of a joint agency may participate in a meeting of the board of commissioners by using a means of electronic communication that permits:

(1) all other members participating in the meeting; and

(2) all members of the public physically present at the place where the meeting is conducted;

to simultaneously communicate with each other during the meeting.

(c) A member of the board of commissioners of a joint agency who participates in a meeting by using a means of communication described in subsection (b) is considered to be present at the meeting.

(d) The memoranda of a meeting of the board of commissioners of a joint agency prepared under IC 5-14-1.5-4 must state the name of:

(1) each member who was physically present at the place where the meeting was conducted;

(2) each member who participated in the meeting by using a means of communication described in subsection (b); and

(3) each member who was absent.

(e) This subsection applies if the governor declares a disaster emergency under IC 10-14-3-12, or a local disaster emergency is declared under IC 10-14-3-29. The board of commissioners of a joint agency may meet without any members of the board of commissioners being physically present at the meeting until ninety (90) days after the disaster emergency or local disaster emergency is terminated, if the members participate by means of electronic communication in the manner set forth in subsection (b). A member of the board of commissioners of a joint agency who participates in a meeting in accordance with this subsection is considered to be present at the meeting. The board shall prepare a memoranda of the meeting as set forth in subsection (d).

As added by P.L.179-2007, SEC.10. Amended by P.L.88-2021, SEC.9.
Ind. Code § 8-1-46.1-16 — Indiana Code / Title 8 / Article 1 / Chapter 46.1 / Section 8-1-46.1-16
Regulating authority's compliance powers; compliance factors
Status: in_force

Sec. 16. (a) The regulating authority shall evaluate a regulated entity's compliance with this chapter based on the regulated entity's actual discharge of FOG into a sewer system.

(b) A regulating authority shall consider the:

(1) size;

(2) products; and

(3) operational characteristics;

of each regulated entity when determining maintenance frequency, inspection schedules, and rate classifications.

As added by P.L.95-2026, SEC.1.
Ind. Code § 8-1-11.2-2 — Indiana Code / Title 8 / Article 1 / Chapter 11.2 / Section 8-1-11.2-2
Control and operation of acquired utility
Status: in_force

Sec. 2. When any consolidated city shall have thus acquired utility property, the control and operation of such utility property shall be in the board of directors for utilities of the department of public utilities of such city under IC 8-1-11.1 or under any other statutes relating to such matters; subject, however, to all valid terms and conditions upon which such utility property shall have been so purchased.

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

As added by Acts 1981, P.L.11, SEC.44.
Ind. Code § 8-18-21-12 — Indiana Code / Title 8 / Article 18 / Chapter 21 / Section 8-18-21-12
Proceeds of bonds or loans; application; lien
Status: in_force

Sec. 12. (a) The proceeds of any bonds issued or loans made under this chapter shall first be applied to the reimbursement of all amounts advanced for preliminary expenses under this chapter. The proceeds shall then be applied solely to the payment of the costs for which the bonds are issued or the loan is negotiated, including incidental expenses and interest during construction.

(b) The bondholders, lenders, or trustees under this chapter have a lien upon the proceeds of the bonds or the loan until those proceeds are applied as prescribed by this section.

As added by P.L.386-1987(ss), SEC.21.
Ind. Code § 8-6-1-8 — Indiana Code / Title 8 / Article 6 / Chapter 1 / Section 8-6-1-8
Number of crossings; determination
Status: in_force

Sec. 8. In determining the number of grade crossings the separation of which may be required under the provisions of this chapter, the railroad companies, street railroad, interurban street railroad, or suburban street railroad companies operating the lines of railway shall alone be considered, whether such lines are operated under the ownership of such companies or by lease, operating contract or otherwise. The number of miles so operated shall be determined by the length of the occupied main track right of way, regardless of the number of tracks operated thereon.

Formerly: Acts 1913, c.182, s.8. As amended by P.L.62-1984, SEC.98.
Ind. Code § 8-15-2-1.1 — Indiana Code / Title 8 / Article 15 / Chapter 2 / Section 8-15-2-1.1
Mandatory transfer of funds
Status: in_force

Sec. 1.1. (a) A written agreement between the authority and a city, town, or county under section 1 of this chapter, or a similar government cooperative statute, may provide for a mandatory transfer of funds by the state comptroller under this section if one (1) of the parties becomes more than sixty (60) days late in making a payment required by the agreement.

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

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

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

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

(4) the names of the parties; and

(5) the amount of the payment due.

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

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

(2) if proof of payment is not furnished to the state comptroller within thirty (30) days after the delinquent party has been notified, transfer the unpaid amount from the delinquent party's allocations from the motor vehicle highway account to the other party.

(d) Transfers shall be made under subsection (c) 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 of time not to exceed five (5) years.

As added by P.L.116-1989, SEC.2. Amended by P.L.9-2024, SEC.295.
Ind. Code § 8-15.7-5-8 — Indiana Code / Title 8 / Article 15.7 / Chapter 5 / Section 8-15.7-5-8
Public-private agreement with multiple entities
Status: in_force

Sec. 8. Notwithstanding any other provision of this article, the department may enter into a public-private agreement with multiple private entities if the department determines in writing that it is in the public interest to do so.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-1-1-9 — Indiana Code / Title 8 / Article 1 / Chapter 1 / Section 8-1-1-9
Suggested orders; filing exceptions
Status: in_force

Sec. 9. In every case where any law to be administered by the commission created by this chapter provides that a party to a proceeding before the commission shall have a time in which to file written exceptions to a suggested order before the same may become the final order of the commission, it shall be the duty of the commission to promptly mail to each party having such right a copy of such suggested order, and the time for filing such exceptions as provided by law shall in each case commence to run on the day of mailing of such copy of such suggested order.

Formerly: Acts 1941, c.101, s.9. As amended by P.L.59-1984, SEC.4.
Ind. Code § 8-17-1-2.1 — Indiana Code / Title 8 / Article 17 / Chapter 1 / Section 8-17-1-2.1
Highway cattle guards in certain counties; construction; cost
Status: in_force

Sec. 2.1. (a) In all counties with a population of less than fifty thousand (50,000), any person through whose land any county highway is located may petition the county executive for permission to construct a cattle guard or other device for the purpose of keeping livestock on the property.

(b) In determining whether to grant permission, the executive shall consider the traffic flow on the highway and the cost of the erection of fences versus the cost of the construction of a cattle guard.

(c) The landowner shall bear the cost of construction and the erection of cattle crossing warning signs on the highway warning motorists that they are about to enter a cattle crossing area.

As added by Acts 1980, P.L.76, SEC.1. Amended by P.L.86-1988, SEC.68.
Ind. Code § 8-2-18-2 — Indiana Code / Title 8 / Article 2 / Chapter 18 / Section 8-2-18-2
Appeals
Status: in_force

Sec. 2. Such dismissal shall be taken and deemed a final judgment, and appeal may be taken therefrom or from any other judgment in any such cause the same as in other civil cases.

Formerly: Acts 1911, c.184, s.2.
Ind. Code § 8-1-17.5-27 — Indiana Code / Title 8 / Article 1 / Chapter 17.5 / Section 8-1-17.5-27
Applicability of nonprofit corporation law
Status: in_force

Sec. 27. IC 23-17 and all rights and powers under IC 23-17 apply to a surviving corporation or successor corporation formed under this chapter, unless the provisions of IC 23-17 are in conflict or inconsistent with the express provisions of this chapter.

As added by P.L.18-2010, SEC.1.
Ind. Code § 8-23-9-5 — Indiana Code / Title 8 / Article 23 / Chapter 9 / Section 8-23-9-5
Construction and maintenance when no satisfactory proposal received
Status: in_force

Sec. 5. If, in the opinion of the commissioner, no satisfactory proposal has been received, the commissioner may do the following:

(1) Purchase the necessary material and equipment.

(2) Employ the necessary labor.

(3) Perform the work of constructing, improving, or maintaining the highway or highways.

As added by P.L.18-1990, SEC.218.
Ind. Code § 8-1-5.5-1 — Indiana Code / Title 8 / Article 1 / Chapter 5.5 / Section 8-1-5.5-1
Transfer of authority to supply piped drinking water to person other than city or town; time of test; rules
Status: reserved

Sec. 1. Within thirty (30) days before the date that the authority to supply piped drinking water is transferred from a city or town to a person other than a city or town, the Indiana department of health shall conduct a test to determine the quality of the drinking water supplied by the city or town. The Indiana department of health shall adopt rules under IC 4-22-2 concerning the test that is required under this section.

As added by Acts 1981, P.L.105, SEC.1. Amended by P.L.2-1992, SEC.79; P.L.56-2023, SEC.51.
Ind. Code § 8-14-9-2.5 — Indiana Code / Title 8 / Article 14 / Chapter 9 / Section 8-14-9-2.5
"Low water crossing"; "low water crossing project"
Status: in_force

Sec. 2.5. (a) As used in this chapter, "low water crossing" means a public road waterway crossing:

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

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

(b) As used in this chapter, "low water crossing project" means a project that may consist of one (1) or more of the following:

(1) Installing appropriate road signs to warn vehicle drivers as they approach a low water crossing.

(2) Replacing damaged, undersized, perched, and blocked road structures in a low water crossing with structures that will accommodate a greater quantity of stream flow under the road.

(3) Replacing a low water crossing with a bridge.

As added by P.L.173-2025, SEC.12.
Ind. Code § 8-1-2-7 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-7
Valuation of property; hearings
Status: in_force

Sec. 7. Before final determination of such value, the commission shall, after notice to the public utility, hold a public hearing as to such valuation in the manner prescribed for a hearing in sections 54 through 67 of this chapter, and the provisions of such sections so far as applicable shall apply to such hearing.

Formerly: Acts 1913, c.76, s.10. As amended by P.L.59-1984, SEC.12.
Ind. Code § 8-1-2.2-4 — Indiana Code / Title 8 / Article 1 / Chapter 2.2 / Section 8-1-2.2-4
Joint ownership of project
Status: in_force

Sec. 4. (a) Each municipality, joint agency, or public utility shall own an undivided interest in any project in proportion to the amount of the money furnished or the value of property or other consideration supplied by it for the planning, development, acquisition, or construction of the project and shall be entitled to a percentage share of the project net output and capacity equal to the undivided interest. This section does not preclude a joint owner of a project from agreeing to take and pay for the project net output in a percentage share that differs from its undivided interest.

(b) Each municipality, joint agency, and public utility participating in a project shall be severally liable for its own acts and may not be held, jointly or severally liable for the acts, omissions, or obligations of others. However, nothing shall preclude each municipality, joint agency and public utility participating in a project from being severally liable for acts performed by any project manager, construction agent, or operating agent for such project. Except as otherwise provided in this chapter, no money or property or other consideration supplied by any municipality, joint agency, or public utility may be credited or otherwise applied to the account of any other municipality, joint agency, or public utility, nor shall the undivided share of any municipality, joint agency, or public utility in a project be charged directly or indirectly with any debt or obligation of any other municipality, joint agency, or public utility, or be subject to any lien as a result thereof. The acquisition of a project may include, but is not limited to, the purchase or lease of an existing and completed project or the purchase of a project under construction or the purchase of a project to be constructed. A municipality or joint agency participating in the joint planning, financing, construction, reconstruction, acquisition, improvement, enlargement, ownership, operation, or maintenance of any project under this chapter may furnish money derived solely from the proceeds of bonds or from the ownership and operation of its electric system, or both, and provide property, both real and personal, services, and other considerations.

(c) Any contract entered into by municipalities under this chapter with respect to joint ownership in a project shall contain terms, conditions, and provisions, not inconsistent with the provisions of this section. Any contract shall be ratified by resolution of the governing body of each municipality and recorded in its minutes. Any contract shall include the following:

(1) The purpose or purposes of the contract.

(2) The duration of the contract.

(3) The manner of appointing or employing personnel necessary in connection with the project.

(4) The method of financing the project including the apportionment of costs and revenues.

(5) Provisions specifying the ownership interests of the parties in property used or useful in connection with the project, and the procedures for the disposition of such property when the contract expires, is terminated, or when the project, for any reason, is abandoned, decommissioned, or dismantled.

(6) Provisions relating to alienation and prohibiting partition of a municipality's undivided interest in a project, which provisions shall not be subject to any provision of law restricting convenants against alienation or partition.

(7) Provisions for the construction of a project, which may include the determination that a municipality, joint agency, or public utility may construct the project as agent for all the parties.

(8) Provisions for the operation and maintenance of a project, which may include the determination that a municipality, joint agency, or public utility may operate and maintain the project as agent for all the parties.

(9) Provisions for the creation of a committee of representatives of the municipalities, joint agencies and public utilities jointly participating with such powers of supervision of the construction and operation of the project as the contract may provide, which are not inconsistent with the provisions of this chapter.

(10) Provisions that if one (1) or more of the municipalities, joint agencies, or public utilities default in the performance or discharge of its obligations with respect to the project, the other party or parties may assume, pro rata, or otherwise, the obligations of the defaulting party or parties and may succeed to the rights and interests of the defaulting party or parties as may be agreed upon in the contract.

(11) Methods for amending the contract.

(12) Methods for terminating the contract.

(13) Any other necessary or proper matter.

(d) For the purpose of paying its respective share of the cost of a project or projects, a municipality or joint agency may issue its bonds as provided in this chapter, and, notwithstanding the provisions of any other law to the contrary, may pledge to the payment of the principal, premium, if any, and interest on such bonds, the revenues, or any portion of revenues, derived or to be derived from the ownership and operation of its system or facilities for the generation, transmission, or distribution of electric power or energy or its interest in any joint project or projects, or a combination of such revenues. All bonds issued under the provisions of this chapter shall be authorized and issued by the governing body. Upon the request of the issuing municipality or joint agency the commission shall approve at one (1) time sufficient bonds to be issued to finance the issuer's share of the cost of a project even though such bonds are to be issued in series from time to time and even though the exact amount of such costs have not been finally determined and such approval may be of an indeterminate amount.

(e) Municipalities and joint agencies may jointly or severally own, operate and maintain projects with any public utility. Any municipality or joint agency shall have for such purposes all powers conferred upon them by the provisions of this chapter including the power to issue revenue bonds pursuant to the provisions of this chapter to finance its share of the cost of any such project. The definitions and all other terms and provisions of this chapter shall be construed so as to include such undivided ownership interest in order to fully effectuate the power and authority conferred by the foregoing provisions of this section.

As added by Acts 1980, P.L.68, SEC.1. Amended by P.L.82-1988, SEC.2.
Ind. Code § 8-1-2-120 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-120
Repealed
Status: repealed

Formerly: Acts 1913, c.76, s.130; Acts 1933, c.190, s.22. Repealed by Acts 1978, P.L.2, SEC.867.
Ind. Code § 8-21-9-26 — Indiana Code / Title 8 / Article 21 / Chapter 9 / Section 8-21-9-26
Trust agreement to secure bonds
Status: in_force

Sec. 26. (a) In the discretion of the department, any bonds issued under the provisions of this chapter may be secured by a trust agreement between the department and a corporate trustee, which may be any trust company or bank having the powers of a trust company within the state.

(b) An executive order issued by the commissioner providing for the issuance of bonds for any airport facility or airport facilities, and any trust agreement pursuant to which such bonds are issued, may pledge or assign:

(1) all or any portion of the revenues received or to be received by the department from an airport facility or airport facilities except the part as may be necessary to pay the cost of the operation, maintenance, and repair of the airport facility or airport facilities to the extent airport facility or airport facilities and to provide reserves therefor and depreciation reserves if and to the extent required by any bond resolution adopted or trust agreement executed by the department; and

(2) the net revenues of the department from other airport facilities to the extent the net revenues are not otherwise pledged or assigned.

The department shall not convey or mortgage any airport, airport facility or any part thereof.

(c) In authorizing the issuance of bonds for any particular airport facility or airport facilities undertaken in connection with the development of an airport, the department may limit the amount of bonds that may be issued as a first lien and charge against the revenues pledged to the payment of the bonds. The department may authorize the issuance from time to time of additional bonds secured by the same lien to provide funds for the completion of the airport facility or airport facilities on account of which the original bonds were issued, or to provide funds to pay the cost of additional airport facilities undertaken in connection with the development of the airport, or for both purposes. The additional bonds shall be issued on terms and conditions as provided in the resolution authorizing the issuance of the bonds or in the trust agreement or a supplemental agreement and may be secured equally and ratably without preference, priority, or distinction with the original issue of bonds or may be made junior.

(d) Any pledge or assignment made by the department is valid and binding from the time that the pledge or assignment is made, and the revenues pledged and received by the department shall immediately be subject to the lien of the pledge or assignment without physical delivery or further act. The lien of the pledge or assignment is valid and binding against all parties having claims of any kind in tort, contract or otherwise against the department whether or not the parties have notice.

(e) Neither the resolution nor any trust agreement by which a pledge is created or assignment made need be filed or recorded except in the records of the department. A trust agreement or resolution providing for the issuance of bonds may contain provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the department in relation to the acquisition of property and the construction, improvements, maintenance, repair, operation, and insurance of the airport facility or airport facilities in connection with which such bonds shall have been authorized, the rates of fees, tolls, rentals, or other charges to be collected for the use of the airport facility or airport facilities, and the custody, safeguarding, and application of all money and provisions for the employment of consulting engineers in connection with the construction or operation of such airport facility or airport facilities.

(f) It is lawful for any bank or trust company incorporated under the laws of the state that may act as depository of the proceeds of bonds or other funds of the department to furnish indemnifying bonds or to pledge securities as required by the department. A trust agreement may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action by bondholders as is customary in trust agreements or trust indentures securing bonds or debentures of private corporations. In addition, a trust agreement may contain other provisions as the department may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out the provisions of a trust agreement may be treated as a part of the cost of the operation of the airport facility or airport facilities.

Formerly: Acts 1971, P.L.105, SEC.2. As amended by Acts 1980, P.L.74, SEC.357; P.L.18-1990, SEC.162.
Ind. Code § 8-2.1-19.1-19 — Indiana Code / Title 8 / Article 2.1 / Chapter 19.1 / Section 8-2.1-19.1-19
Street hail prohibition
Status: in_force

Sec. 19. A TNC or a TNC driver may not solicit or accept street hails.

As added by P.L.175-2015, SEC.10.
Ind. Code § 8-21-4-4 — Indiana Code / Title 8 / Article 21 / Chapter 4 / Section 8-21-4-4
Use of air space; landing on private property
Status: in_force

Sec. 4. Flight in aircraft over the lands and waters of this state is lawful, unless at such a low altitude as to interfere with the then existing use to which the land or water, or the space over the land or water, is put by the owner, or unless so conducted as to be imminently dangerous to persons or property lawfully on the land or water beneath. The landing of an aircraft on the lands or water of another, without his consent, is unlawful, except in the case of a forced landing. For damages caused by a forced landing, however, the owner or lessee of the aircraft or the aeronaut shall be liable, as provided in section 5.

Formerly: Acts 1927, c.43, s.4.
Ind. Code § 8-1-31.7-11 — Indiana Code / Title 8 / Article 1 / Chapter 31.7 / Section 8-1-31.7-11
Plan for improvements related to compliance with regulation imposed by local government
Status: in_force

Sec. 11. If the plan is for a service enhancement improvement described in section 7(1)(A) of this chapter related to a requirement described in section 6(4) of this chapter, the eligible utility shall provide a copy of the unit or municipal corporation ordinance or other determination setting forth the requirement and shall provide the eligible utility's estimated cost to comply with the requirement. The commission shall review the reasonableness of the requirement under IC 8-1-2-101(a). Unless the commission finds the requirement to be unreasonable, the commission shall approve the plan for the service enhancement improvement. The unit or municipal corporation that has adopted the requirement shall be provided notice of the proceedings.

As added by P.L.137-2020, SEC.15.
Ind. Code § 8-8-3-4 — Indiana Code / Title 8 / Article 8 / Chapter 3 / Section 8-8-3-4
Rebuilding or reconstruction
Status: in_force

Sec. 4. Whenever a locomotive engine is sent to the shops of the railroad company operating the locomotive engine to be rebuilt or reconstructed, the locomotive engine shall be rebuilt or reconstructed so as to comply with this chapter. The Indiana department of transportation may exempt a company from complying with this chapter.

Formerly: Acts 1913, c.291, s.4. As amended by P.L.62-1984, SEC.117; P.L.384-1987(ss), SEC.79; P.L.18-1990, SEC.89.
Ind. Code § 8-5-15-21 — Indiana Code / Title 8 / Article 5 / Chapter 15 / Section 8-5-15-21
Agreements between district and system; property interests; operation
Status: in_force

Sec. 21. Any agreement between the district and the system may include a provision that, with respect to assets owned by either party, property interests may be conveyed and responsibilities for operation and maintenance may be assigned to either party, or jointly held and exercised by either party.

As added by P.L.385-1987(ss), SEC.13.
Ind. Code § 8-23-20-24 — Indiana Code / Title 8 / Article 23 / Chapter 20 / Section 8-23-20-24
Federal aid; appropriation
Status: in_force

Sec. 24. The department may not acquire a sign, the real property upon which the sign is situated, a junkyard, or a scrap metal processing facility unless:

(1) the acquisition costs are eligible for not less than seventy-five percent (75%) federal participation;

(2) there are sufficient funds appropriated and immediately available to Indiana; and

(3) the funds have been apportioned by the federal government and notice of the apportionment has been received by the state.

As added by P.L.18-1990, SEC.229.
Ind. Code § 8-3-1-1 — Indiana Code / Title 8 / Article 3 / Chapter 1 / Section 8-3-1-1
Financial and business operations report
Status: in_force

Sec. 1. (a) As used in this chapter, "department" refers to the Indiana department of transportation.

(b) Every such carrier shall annually, before April 1, file with the department, under the signature and oath of the department's principal accounting officer, a detailed report, in the form prescribed by the department, of all the carrier's financial and business operations in Indiana for the year ending on the preceding December 31. The report shall embrace the other information and facts as shall be prescribed by the Surface Transportation Board for reports of interstate carriers thereto, and the reports shall be in the form prescribed, insofar as the same is applicable. Any carrier failing to make the report for thirty (30) days after the same is due, unless the time therefor is extended by the department, shall forfeit and pay to the state the sum of one hundred dollars ($100) for each day of the default, to be collected as provided in this chapter.

Formerly: Acts 1905, c.53, s.3; Acts 1907, c.241, s.3; Acts 1913, c.268, s.1; Acts 1917, c.48, s.1. As amended by P.L.62-1984, SEC.1; P.L.384-1987(ss), SEC.11; P.L.8-1989, SEC.48; P.L.18-1990, SEC.34; P.L.8-1993, SEC.136; P.L.50-2011, SEC.1.
Ind. Code § 8-1-29-6 — Indiana Code / Title 8 / Article 1 / Chapter 29 / Section 8-1-29-6
Adoption of rules
Status: in_force

Sec. 6. The commission shall adopt rules under IC 4-22-2 to implement IC 8-1-29-5.5. The commission's rules shall ensure that a customer of a telecommunications provider is not:

(1) switched to another telecommunications provider without the customer's authorization; or

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

The rules adopted under this section must be consistent with rules adopted by the Federal Communications Commission concerning verification procedures for the switching of a customer's telecommunications provider.

As added by P.L.92-1998, SEC.2. Amended by P.L.135-1999, SEC.5.
Ind. Code § 8-17-1-5 — Indiana Code / Title 8 / Article 17 / Chapter 1 / Section 8-17-1-5
Repealed
Status: repealed

Formerly: Acts 1919, c.112, s.6. As amended by P.L.86-1988, SEC.71. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-1-32.7-2 — Indiana Code / Title 8 / Article 1 / Chapter 32.7 / Section 8-1-32.7-2
"Communications service provider"
Status: in_force

Sec. 2. As used in this chapter, "communications service provider" has the meaning set forth in IC 8-1-32.5-4.

As added by P.L.79-2012, SEC.1.
Ind. Code § 8-1-2-81 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-81
Stocks, bonds, commercial paper, or other evidences of indebtedness; state not obligated to pay or guarantee
Status: in_force

Sec. 81. No provision of this chapter, and no deed or act done or performed under or in connection therewith, shall be held or construed to obligate the state of Indiana to pay or guarantee in any manner whatsoever any stock or stock certificate or bond, note, or other evidence of indebtedness authorized, issued, or executed under the provisions of this chapter.

Formerly: Acts 1913, c.76, s.93. As amended by P.L.59-1984, SEC.36.
Ind. Code § 8-22-3-8 — Indiana Code / Title 8 / Article 22 / Chapter 3 / Section 8-22-3-8
Compensation and expenses
Status: in_force

Sec. 8. (a) Except as provided in subsections (b) and (c), the members of the board shall serve without compensation, but shall be paid their actual expenses for travel conducted in the interest of the board.

(b) The fiscal body of the entity may provide a per diem for the members of the board in an amount that does not exceed thirty-five dollars ($35) for each whole or part day a member is engaged in board activities. The members of the board shall also be paid their actual expenses under subsection (a).

(c) If the authority is established by more than one (1) entity, the fiscal bodies of the entities, acting jointly, may provide a per diem for the members of the board in an amount that does not exceed thirty-five dollars ($35) for each whole or part day a member is engaged in board activities. The members of the board shall also be paid their actual expenses under subsection (a).

[Pre-Local Government Recodification Citations: 19-6-2-9; 19-6-3-9; 19-6-3.5-10.]

As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.106-1993, SEC.1.
Ind. Code § 8-1-2-4.2 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-4.2
Rate adjustment reflecting repeal of utility receipts tax; notice to affected customers
Status: in_force

Sec. 4.2. (a) This section applies to a utility that is subject to the:

(1) utility receipts tax under IC 6-2.3; and

(2) jurisdiction of the commission for the approval of rates and charges;

on January 1, 2022.

(b) Not later than May 1, 2022, a utility shall file with the commission a rate adjustment that adjusts the utility's rates and charges to reflect the repeal of the utility receipts tax (IC 6-2.3, before its repeal) in HEA 1002-2022 by the general assembly, independent of any other matters related to the utility's revenue requirement. A rate adjustment approved under this section shall operate on a prospective basis.

(c) A rate adjustment under this section:

(1) applies to each rate or charge in effect at the time of the filing that includes recovery of the utility receipts tax; and

(2) shall be calculated to remove the amount of the utility receipts tax that each existing rate or charge was designed to recover based on the utility receipts tax rate in effect at the time the rate or charge was approved.

(d) The commission shall approve a rate adjustment under this section if the commission finds that the rate adjustment has been calculated correctly under subsection (c)(2). If the rate adjustment under this section has not been calculated correctly under subsection (c)(2), the commission shall notify the utility of the defect and require the utility to correct the calculation.

(e) A rate adjustment under this section takes effect upon the effective date of the repeal of the utility receipts tax (IC 6-2.3, before its repeal) in HEA 1002-2022, pending approval of a utility's filing under this section.

(f) Upon a rate adjustment taking effect under subsection (e), the utility shall provide notice to all affected customers in each of the next two (2) regular billing cycles that the adjustment in rates or charges reflects the repeal of the utility receipts tax (IC 6-2.3, before its repeal) in HEA 1002-2022 by the general assembly. Notice provided under this subsection must include the amount of the adjustment reflected in the bill.

(g) This section shall not be construed to limit the commission's authority to:

(1) initiate proceedings; or

(2) take actions;

to ensure just and reasonable rates in connection with the repeal of the utility receipts tax (IC 6-2.3, before its repeal) in HEA 1002-2022 by the general assembly.

As added by P.L.138-2022, SEC.15.
Ind. Code § 8-1-30.3-2.6 — Indiana Code / Title 8 / Article 1 / Chapter 30.3 / Section 8-1-30.3-2.6
"Offered utility"
Status: in_force

Sec. 2.6. As used in this chapter, "offered utility" means a utility company whose property is the subject of an acquisition described in section 5(a) of this chapter.

As added by P.L.229-2019, SEC.4.
Ind. Code § 8-1-8.9-2 — Indiana Code / Title 8 / Article 1 / Chapter 8.9 / Section 8-1-8.9-2
"Commission" defined
Status: in_force

Sec. 2. As used in this chapter, "commission" refers to the Indiana utility regulatory commission created by IC 8-1-1-2.

As added by P.L.175-2007, SEC.21.
Ind. Code § 8-21-1-13 — Indiana Code / Title 8 / Article 21 / Chapter 1 / Section 8-21-1-13
Repealed
Status: repealed

Formerly: Acts 1945, c.360, s.15; Acts 1975, P.L.93, SEC.13. Repealed by Acts 1980, P.L.74, SEC.434.
Ind. Code § 8-15.5-4-8 — Indiana Code / Title 8 / Article 15.5 / Chapter 4 / Section 8-15.5-4-8
Preliminary selection of offeror or termination of process; receipt of certificate from offeror
Status: in_force

Sec. 8. (a) After the final offers from responsible offerors have been negotiated under section 7 of this chapter, the authority shall:

(1) subject to a responsible offeror complying with subsection (b), make a preliminary selection of an offeror as the operator for the project, whose final offer is referred to in this article as the "selected offer"; or

(2) terminate the request for proposal process.

(b) Before the authority may consider an offeror for a preliminary selection, the authority must have received a certificate from the offeror that includes the information required to be considered under section 7(b)(4) and 7(d) of this chapter that is dated not more than fifteen (15) days and not fewer than ten (10) days before the date of the authority's public meeting at which the authority will make a final selection.

As added by P.L.47-2006, SEC.39. Amended by P.L.205-2013, SEC.146; P.L.189-2018, SEC.89.
Ind. Code § 8-6-2.1-27 — Indiana Code / Title 8 / Article 6 / Chapter 2.1 / Section 8-6-2.1-27
Assessment liens; payment; tax exemption
Status: in_force

Sec. 27. (a) The assessment roll, upon final confirmation by the board, shall be delivered to the controller or clerk-treasurer, and from that time the respective amounts of benefits assessed shall severally be liens, superior to all other liens except taxes, against the respective lots or parcels of land upon which they are assessed. The duties of the controller or clerk-treasurer are those prescribed by statute in cities with regard to assessments for street improvements.

(b) The assessments of benefits are due and payable to the controller or clerk-treasurer from the time of the delivery of the assessment roll to him. If not paid within thirty (30) days, the board's attorney shall proceed to foreclose the liens in a court as mortgages are foreclosed with similar rights of redemption, and have them sold to pay the assessments. The board shall recover costs with reasonable attorney's fees and interest at the rate of six percent (6%) per annum.

(c) In all cases where the party against whom the assessment is made is a resident of the city, a notice of the assessment and demand for payment shall be delivered to him personally or mailed to his last usual place of residence. All persons assessed for local benefits may, within thirty (30) days after the confirmation of the assessments, avail themselves of the right to pay the assessment installments in the same manner as provided for the payment of assessments for street improvements in cities, except that the board may provide that the installments may be extended over a period of twenty (20) years, which privilege shall also be stated in the notice.

(d) Statutes relating to the payment of street improvement assessments by installments, the issuance of bonds and coupons to anticipate assessments, and the rights of bondholders and landowners, when not inconsistent with this chapter, shall apply and be extended to assessments made under this chapter. When assessment bonds are issued, the city controller or clerk-treasurer shall sell the bonds promptly in the same manner and upon the same notice conditions as grade separation district bonds are authorized to be sold as provided in section 29 of this chapter, and the proceeds shall be kept in a separate fund as provided for in section 30 of this chapter. The assessment bonds shall be exempt from taxation for all purposes. All interest and penalties on delinquencies shall go into the special fund.

[Pre-Local Government Recodification Citation: 19-5-14-27.]

As added by Acts 1980, P.L.8, SEC.70.
Ind. Code § 8-8-4-1 — Indiana Code / Title 8 / Article 8 / Chapter 4 / Section 8-8-4-1
Unobstructed view; violation
Status: in_force

Sec. 1. It is a Class C infraction for a person owning or operating locomotive road engines to fail to provide and equip the locomotive road engines with storm-windows in both front windows in the cabs of the engines. The storm-windows shall be so equipped and adjusted as to permit persons in charge to have an unobstructed view through them, when open, under all climatic conditions and to prevent the view being obstructed by rain, snow, or ice adhering thereto.

Formerly: Acts 1911, c.80, s.1. As amended by Acts 1978, P.L.2, SEC.828.
Ind. Code § 8-4-17-3 — Indiana Code / Title 8 / Article 4 / Chapter 17 / Section 8-4-17-3
Repealed
Status: repealed

Formerly: Acts 1877(ss), c.31, s.3. Repealed by Acts 1975, P.L.81, SEC.2.
Ind. Code § 8-21-1-10 — Indiana Code / Title 8 / Article 21 / Chapter 1 / Section 8-21-1-10
Approval of proposed and established airport sites
Status: in_force

Sec. 10. (a) The department may issue certificates of approval to both proposed airport sites and established airports.

(b) Any municipality or person desiring to acquire, establish, construct or lease any airport or landing field in this state for the use of airplanes or other aircraft shall, prior to the acquisition of the site or prior to the construction or establishment of the proposed airport, make application to the department for approval of such site. The department shall, with reasonable dispatch, grant approval of a site if it is satisfied:

(1) that the site is adequate for the airport or landing field proposed;

(2) that such proposed airport, if constructed or established, will conform to the minimum standards of safety as may be established or prescribed by the department;

(3) that safe air traffic patterns could be worked out for such proposed airport and for all existing airports and approved airport sites in its vicinity; and

(4) that an airport master plan or airport layout plan for the airport is filled with the department.

An approval of each site may be granted subject to any reasonable conditions which the department may deem necessary to effectuate the purposes of this chapter and which remain in effect, unless sooner revoked by the department, until a certificate of approval of an airport located on the approved site has been issued pursuant to its rules and regulations.

(c) The department shall issue a certificate of approval to any established airport which conforms to minimum standards of safety as many from time to time be prescribed by the department.

(d) The department may revoke a certificate of approval when:

(1) there has been an abandonment of the site as an airport site; or

(2) there has been a failure within the time prescribed, or if no time was prescribed, within a reasonable time to develop the site as an airport; or

(3) there has been a failure to maintain compliance with the conditions of the approval certificate; or

(4) because of change of physical or legal conditions or circumstances the site is no longer usable for aeronautical purposes for which the approval was granted.

(e) This section does not apply to airports owned or operated by the United States. The department may, from time to time, to the extent necessary, exempt any other class of airports, pursuant to a reasonable classification or grouping, from any rule or regulation promulgated under this section or from any requirement of such a rule or regulation, if it finds that the application of such rule, regulation or requirement would be an undue burden on such class and is not required in the interest of public safety.

(f) To carry out the provisions of this chapter, the department may inspect and examine at reasonable hours any of the premises of an airport or landing area within this state.

(g) The department shall annually issue Certificates of Approval to:

(1) airports which do not serve a CAB-certificated air carrier and which the department determines, by means of an annual on-site inspection, to be in compliance with its rules and regulations; and

(2) airports which serve a CAB-certificated air carrier and which have a valid Airport Operating Certificate as issued by the Federal Aviation Administration. However, if federal authorities abandon or relinquish on-site inspection of this class of airports, the department shall issue a Certificate of Approval subject to the inspection and compliance requirement in paragraph (1) of this subsection.

(h) The department shall classify all airports, landing fields and other air navigation facilities within the state, such classification to be in accord as nearly as practicable with those of the Federal Aviation Administration. It shall issue and publish an annual directory of such air navigation facilities.

Formerly: Acts 1945, c.360, s.10; Acts 1951, c.300, s.2; Acts 1975, P.L.93, SEC.10. As amended by Acts 1977, P.L.114, SEC.1; Acts 1980, P.L.74, SEC.311.
Ind. Code § 8-1-17-25 — Indiana Code / Title 8 / Article 1 / Chapter 17 / Section 8-1-17-25
Dissolution of corporation; articles of dissolution; relinquishment of certificate of territorial authority; disposition of assets
Status: in_force

Sec. 25. (a) Any cooperative corporation may dissolve by filing in the office of the secretary of state articles of dissolution entitled and endorsed "Articles of Dissolution of __________" (the blank space being filled in with the name of the cooperative corporation). The articles of dissolution shall state the following:

(1) The name of the cooperative corporation, and if the cooperative corporation is a corporation resulting from a consolidation as provided in this chapter, the names of the original cooperative corporations.

(2) The date of filing of the articles of incorporation in the office of secretary of state and, if the cooperative corporation is a corporation resulting from a consolidation as provided in this chapter, the dates on which the articles of incorporation of the original cooperative corporations were filed in the office of secretary of state.

(3) That the cooperative corporation elects to dissolve.

(4) The name and post office address of each of its directors, and the name, title, and post office address of each of its officers.

The articles shall be subscribed and acknowledged by the appropriate officers of the cooperative corporation who shall make and annex an affidavit stating that they have been authorized to execute and file the articles by a resolution duly adopted by the members of the cooperative corporation at a meeting duly called and held as provided in section 9 of this chapter. Articles of dissolution or a certified copy or copies of the articles shall be filed in the same places as original articles of incorporation. If the dissolving corporation is a local cooperative corporation, any certificate of territorial authority issued under IC 8-1-32.5 shall be relinquished, and the appropriate officers of the corporation shall notify the commission of the relinquishment under IC 8-1-32.5-12(5).

(b) Upon the filings required by subsection (a), the cooperative corporation is dissolved. However, the cooperative corporation shall continue for the purpose of paying, satisfying, and discharging any existing liabilities or obligations and collecting or liquidating its assets, and doing all other acts required to adjust and wind up its business affairs, and may sue and be sued in its corporate name. Any assets remaining after all liabilities and obligations of the cooperative corporation have been satisfied and discharged shall be refunded pro rata to the patrons, their assignees, personal representatives, heirs, or legatees, who have paid for communications service rendered by the cooperative corporation within the five (5) year period immediately preceding the dissolution. Any assets not refunded within the two (2) year period after the dissolution is completed shall pass to and become the property of the state.

Formerly: Acts 1951, c.193, s.26. As amended by P.L.59-1984, SEC.84; P.L.145-1999, SEC.6 and P.L.198-1999, SEC.8; P.L.27-2006, SEC.51; P.L.81-2020, SEC.14.
Ind. Code § 8-16-15.5-10 — Indiana Code / Title 8 / Article 16 / Chapter 15.5 / Section 8-16-15.5-10
Liability for bonds and notes; tax exemption
Status: in_force

Sec. 10. (a) All bonds or notes issued under this chapter are issued by the bridge authority as a body corporate and politic of the state, but not as a state agency, and for an essential public and governmental purpose. The bonds and notes, the interest on the bonds and notes, the proceeds received by an owner from the sale of the bonds or notes to the extent of the owner's cost of acquisition, proceeds received upon redemption for maturity, proceeds received at maturity, and the receipt of the interest and proceeds are exempt from taxation for all purposes except the financial institutions tax imposed under IC 6-5.5.

(b) No bonds or notes issued by the bridge authority under this chapter constitute a debt, liability, or obligation of the state or any political subdivision or a pledge of the faith and credit of the state or any political subdivision. Each bond or note issued under this chapter must contain on its face a statement that neither the faith and credit nor the taxing power of the state or any political subdivision is pledged to the payment of the principal of or the interest on the bond or the note.

As added by P.L.185-2018, SEC.27.
Ind. Code § 8-3-1.5-20 — Indiana Code / Title 8 / Article 3 / Chapter 1.5 / Section 8-3-1.5-20
Transfer of rail properties to other state departments or agencies or political subdivisions; sale of properties
Status: in_force

Sec. 20. Whenever the department determines that any rail properties acquired by the state are no longer needed for railroad purposes, it may permanently or temporarily transfer the rail properties to any other state department or agency, or political subdivision of the state, which shall utilize the properties for a public purpose. Whenever more than one (1) department or agency, or political subdivision, wishes to utilize the property, the department shall resolve such a conflict and make a prompt determination of the reasonable and proper order of priority, taking into consideration any applicable state plans, policies, or objectives. If no state department or agency, or political subdivision, wants the properties, the department may sell them, with the proceeds deposited in the industrial rail service fund established by IC 8-3-1.7-2. A public hearing is required prior to the transfer or sale of any rail properties by the department.

Formerly: Acts 1975, P.L.79, SEC.1. As amended by Acts 1980, P.L.74, SEC.59; P.L.95-1987, SEC.2.
Ind. Code § 8-1-46.1-6 — Indiana Code / Title 8 / Article 1 / Chapter 46.1 / Section 8-1-46.1-6
"Grease trap"
Status: in_force

Sec. 6. As used in this chapter, "grease trap" means a watertight tank designed to:

(1) intercept;

(2) congeal; and

(3) retain or remove;

fats, oils, and grease from wastewater before the wastewater is discharged into a sewer system.

As added by P.L.95-2026, SEC.1.
Ind. Code § 8-15-2-1.3 — Indiana Code / Title 8 / Article 15 / Chapter 2 / Section 8-15-2-1.3
Procedures for allocation of money; considerations in prioritizing and selecting projects
Status: in_force

Sec. 1.3. (a) The authority shall establish a written procedure for allocating money to projects described in section 1(a)(3) and 1(a)(4) of this chapter.

(b) The procedure established under this section must include at least the following:

(1) An application procedure to identify projects that qualify for funding.

(2) Criteria for prioritizing projects.

(3) Procedures for selecting projects.

(4) Procedures for reporting the results of the selection process and the status of projects to the interim study committee on fiscal policy established by IC 2-5-1.3-4 in an electronic format under IC 5-14-6.

(c) The prioritization and selection process under this section must give consideration to the following:

(1) The impact of the project on toll road usage.

(2) Consistency of the project with local transportation plans.

(3) The extent to which the project will have local financial participation relative to local available resources.

(4) The amount of vehicular traffic served.

(5) The potential local economic impact.

(6) Whether the project is deemed to be an emergency by the applicant and the authority.

As added by P.L.83-1996, SEC.2. Amended by P.L.53-2014, SEC.84.
Ind. Code § 8-1-2.7-4 — Indiana Code / Title 8 / Article 1 / Chapter 2.7 / Section 8-1-2.7-4
Referendum on withdrawal
Status: in_force

Sec. 4. The board of directors of a utility described in section 1.3(a)(1) or 1.3(a)(2) of this chapter must conduct a referendum among its members or shareholders to determine whether the members or shareholders approve the withdrawal from commission jurisdiction.

As added by P.L.108-1989, SEC.1. Amended by P.L.80-1997, SEC.8; P.L.82-1997, SEC.8; P.L.159-1999, SEC.8.
Ind. Code § 8-1-17-10 — Indiana Code / Title 8 / Article 1 / Chapter 17 / Section 8-1-17-10
Corporate purpose; local cooperative corporation
Status: in_force

Sec. 10. (a) The corporate purpose of each local cooperative corporation shall be to render communications service to its members and to such other persons in the specific instances as expressly provided in this chapter, and no person shall become or remain a member unless such person shall use communications service supplied by such cooperative corporation and shall have complied with the terms and conditions in respect to membership contained in the bylaws of such cooperative corporation.

(b) A local cooperative corporation is one formed under this chapter for the purpose of furnishing communications service to its patrons.

Formerly: Acts 1951, c.193, s.10. As amended by P.L.59-1984, SEC.76; P.L.81-2020, SEC.9.
Ind. Code § 8-18-21-15 — Indiana Code / Title 8 / Article 18 / Chapter 21 / Section 8-18-21-15
Tax exemption; bonds and securities
Status: in_force

Sec. 15. All the bonds and other securities issued by a toll road authority, including the interest on them, are exempt from taxation as provided in IC 6-8-5.

As added by P.L.386-1987(ss), SEC.21.
Ind. Code § 8-15.7-15-1 — Indiana Code / Title 8 / Article 15.7 / Chapter 15 / Section 8-15.7-15-1
Impairment of public-private agreement by political subdivision prohibited
Status: in_force

Sec. 1. A political subdivision (as defined in IC 36-1-2-13) may not take any action that would impair a public-private agreement under this article.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-3-17-5 — Indiana Code / Title 8 / Article 3 / Chapter 17 / Section 8-3-17-5
Compensation
Status: in_force

Sec. 5. The compensation for such policemen shall be paid by the company for which they are respectively appointed.

Formerly: Acts 1927, c.18, s.5.
Ind. Code § 8-1-30.3-6 — Indiana Code / Title 8 / Article 1 / Chapter 30.3 / Section 8-1-30.3-6
Offered utility; economies of scale; failure to furnish or maintain adequate and reasonable service and facilities; commission findings
Status: in_force

Sec. 6. For purposes of section 5(d)(2) of this chapter, an offered utility is too small to capture economies of scale or is not furnishing or maintaining adequate, efficient, safe, and reasonable service and facilities if the commission finds one (1) or more of the following:

(1) The offered utility violated one (1) or more state or federal statutory or regulatory requirements in a manner that the commission determines affects the safety, adequacy, efficiency, or reasonableness of its services or facilities.

(2) The offered utility has inadequate financial, managerial, or technical ability or expertise.

(3) The offered utility fails to provide water in sufficient amounts, that is palatable, or at adequate volume or pressure.

(4) The offered utility, due to necessary improvements to its plant or distribution or collection system or operations, is unable to furnish and maintain adequate service to its customers at rates equal to or less than those of the acquiring utility company.

(5) The offered utility serves fewer than eight thousand (8,000) customers.

(6) Any other facts that the commission determines demonstrate the offered utility's inability to capture economies of scale or to furnish or maintain adequate, efficient, safe, or reasonable service or facilities.

As added by P.L.189-2015, SEC.1. Amended by P.L.98-2016, SEC.5; P.L.85-2017, SEC.37; P.L.229-2019, SEC.6; P.L.160-2020, SEC.7.
Ind. Code § 8-4-10-4 — Indiana Code / Title 8 / Article 4 / Chapter 10 / Section 8-4-10-4
Connections with other roads
Status: in_force

Sec. 4. It shall be lawful for any such person or persons or company of persons to connect such lateral railroad with any railroad or railroads incorporated or to be incorporated in this state, and also with any highway or public improvement; provided, that if the parties interested can not agree upon the mode, manner, or point of connection with such railroad or railroads, the same shall be determined in the same manner as the compensation for materials prescribed in section 3 of this chapter.

Formerly: Acts 1869(ss), c.46, s.4. As amended by P.L.62-1984, SEC.56.
Ind. Code § 8-18-20-8 — Indiana Code / Title 8 / Article 18 / Chapter 20 / Section 8-18-20-8
Vacancies on board of trustees
Status: in_force

Sec. 8. If a person appointed as a trustee:

(1) fails to qualify within ten (10) days after notice of the appointment is mailed to that person; or

(2) qualifies but then dies, resigns, vacates the office because that person is no longer a resident of the county, or is removed from office under section 18 of this chapter;

a new trustee shall be appointed by the same appointing authority for the remainder of the vacated term.

As added by P.L.386-1987(ss), SEC.20.
Ind. Code § 8-21-12-20 — Indiana Code / Title 8 / Article 21 / Chapter 12 / Section 8-21-12-20
Bonds; issuance by fiscal bodies of local entities
Status: in_force

Sec. 20. Whenever the fiscal body of a local entity determines that the public interest of the local entity will be served by assisting the authority in executing the powers granted by this chapter, the local entity may furnish assistance by gift, or lease with or without rental, of real property, by donation, lease with or without rental, or loan, of personal property, and by the appropriation of money that may be provided for by taxation or the issuance of bonds in the same manner as funds might be provided for the same purpose if the local entity was exercising the powers granted in the local entity's own behalf.

As added by P.L.28-1991, SEC.2.
Ind. Code § 8-15.5-3.5-1 — Indiana Code / Title 8 / Article 15.5 / Chapter 3.5 / Section 8-15.5-3.5-1
Government requests for information regarding public facility projects
Status: in_force

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

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

(2) To prepare a request for proposals.

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

As added by P.L.217-2017, SEC.71.
Ind. Code § 8-23-19-1 — Indiana Code / Title 8 / Article 23 / Chapter 19 / Section 8-23-19-1
Creation of fund
Status: in_force

Sec. 1. There is created a revolving fund to be known as the highway rights-of-way and construction revolving fund. This revolving fund is created to comply with 23 U.S.C. 124.

As added by P.L.18-1990, SEC.228.
Ind. Code § 8-3-1-23 — Indiana Code / Title 8 / Article 3 / Chapter 1 / Section 8-3-1-23
Expenses; charges and payment
Status: in_force

Sec. 23. Any expense incurred by the department, either upon a complaint against a railroad or upon a petition of any railroad, shall be charged and paid in the manner provided for public utilities under IC 8-1-6.

As added by P.L.384-1987(ss), SEC.33.
Ind. Code § 8-1-6.1-10 — Indiana Code / Title 8 / Article 1 / Chapter 6.1 / Section 8-1-6.1-10
Office to annually summarize information; report to interim study committee
Status: in_force

Sec. 10. Beginning in 2027, the office shall annually compile and summarize the information received from electricity suppliers under section 8 of this chapter for the previous calendar year and include the office's summary of the information in the office's annual report to the interim study committee on energy, utilities, and telecommunications.

As added by P.L.36-2026, SEC.7.
Ind. Code § 8-23-21-0.5 — Indiana Code / Title 8 / Article 23 / Chapter 21 / Section 8-23-21-0.5
"Unofficial detour route" defined
Status: in_force

Sec. 0.5. As used in this chapter, "unofficial detour route" means the path that the department in conjunction with local officials determines many motorists have taken or are likely to take in place of the official detour route because the path is or was:

(1) a shorter distance;

(2) a quicker trip;

(3) a simpler route to follow; or

(4) perceived as better by a motorist for any other reason the department recognizes in the department's rules;

than the official detour route or other means the department has prescribed for a motorist to reach a destination while a state highway, part of a state highway, or state highway bridge is closed to the public as a thoroughfare while under construction or while being repaired by the department.

As added by P.L.120-1995, SEC.2.
Ind. Code § 8-1-37-2 — Indiana Code / Title 8 / Article 1 / Chapter 37 / Section 8-1-37-2
"Clean energy"
Status: in_force

Sec. 2. As used in this chapter, "clean energy" means electricity that is produced from a clean energy resource.

As added by P.L.150-2011, SEC.16.
Ind. Code § 8-4.5-5-7 — Indiana Code / Title 8 / Article 4.5 / Chapter 5 / Section 8-4.5-5-7
Prohibited costs
Status: in_force

Sec. 7. The following costs may not be paid from a grant made under this chapter:

(1) Any cost incurred before approval by the board of funding for a project.

(2) Routine maintenance of a trail, bridge, culvert, fence, or sign.

(3) Winter maintenance of a trail or bridge, including snow plowing, sanding, or salting.

(4) Overhead and operating costs associated with a project, such as auditing, legal, and administrative costs.

(5) Expenses associated with the preparation and submission of a project application.

(6) Predesign engineering and planning expenses.

(7) Utility costs other than those described in section 6 of this chapter.

(8) Pavement markings, traffic signs, safety appurtenances, or lighting, except as an integral part of a trail project.

(9) Purchase of office furnishings or equipment, construction equipment, or personal property.

(10) Sanitary sewers or water mains, except as necessary for restroom construction.

(11) General government expenses and expenses associated with the provision of any public service that are not otherwise eligible for project funding.

As added by P.L.40-1995, SEC.3.
Ind. Code § 8-2.1-19.1-4 — Indiana Code / Title 8 / Article 2.1 / Chapter 19.1 / Section 8-2.1-19.1-4
TNC driver is independent contractor; TNC does not control
Status: in_force

Sec. 4. Except as otherwise provided in a written contract:

(1) a TNC driver who connects to a TNC's digital network is an independent contractor of the TNC; and

(2) a TNC is not considered to do either of the following:

(A) Control, direct, or manage a TNC driver who connects to the TNC's digital network.

(B) Own, control, operate, or manage a personal vehicle used by a TNC driver to provide prearranged rides.

As added by P.L.175-2015, SEC.10.
Ind. Code § 8-1-2.8-14 — Indiana Code / Title 8 / Article 1 / Chapter 2.8 / Section 8-1-2.8-14
Monthly bill; collection of surcharge
Status: in_force

Sec. 14. A surcharge shall be collected on the regular monthly bill that a LEC sends to each of its customers. The surcharge may be separately identified on customers' bills as a special surcharge for the provision of services, including telecommunications devices as provided in section 10(4) of this chapter, to deaf, hard of hearing, and speech impaired persons.

As added by P.L.75-1991, SEC.1. Amended by P.L.1-1992, SEC.30; P.L.80-1996, SEC.4; P.L.109-2012, SEC.8.
Ind. Code § 8-23-1.1-37 — Indiana Code / Title 8 / Article 23 / Chapter 1.1 / Section 8-23-1.1-37
"Sign"
Status: in_force

Sec. 37. "Sign" means an outdoor sign, display, device, notice, bulletin, figure, painting, drawing, message, placard, poster, billboard, or other thing that is designated, intended, or used to advertise or inform.

As added by P.L.145-2026, SEC.37.
Ind. Code § 8-23-9-48 — Indiana Code / Title 8 / Article 23 / Chapter 9 / Section 8-23-9-48
Tearing up and disturbing highways; permit; unauthorized signs and markers; violations
Status: in_force

Sec. 48. (a) A state highway may not be torn up or otherwise disturbed for any purpose without the written permit of the commissioner and then only in accordance with the regulations prescribed by the commissioner. All work shall be done under the department's supervision, and all the cost of replacing the highway in as good condition as before the highway was disturbed, shall be paid by the person to whom or in whose behalf the permit was given. The department shall mark with proper markers, showing the number of the highway, all state highways, including the routes of the highways through cities and towns, together with the caution and direction signs that the department considers advisable.

(b) It is a Class C infraction for a person to put, place, or maintain within twenty (20) feet of the right-of-way limits of a state highway, outside the limits of a city or town a sign or other device containing the words "stop", "caution", "slow", or any other word or device that also might be construed as a warning to persons using the highway.

(c) It is a Class C infraction for a person to construct or maintain a sign or advertising device within one hundred (100) feet of the right-of-way of such a highway that obstructs the view of the highway of a person traveling the highway for a distance of five hundred (500) feet or less from the sign or device as the person approaches the sign or device. The department may remove unlawful signs, markers, and devices.

As added by P.L.18-1990, SEC.218.
Ind. Code § 8-1.5-1-5 — Indiana Code / Title 8 / Article 1.5 / Chapter 1 / Section 8-1.5-1-5
"Executive"
Status: in_force

Sec. 5. "Executive" means:

(1) mayor, for a city; or

(2) president of the town council, for a town.

As added by Acts 1982, P.L.74, SEC.1. Amended by P.L.8-1989, SEC.40.
Ind. Code § 8-25-8-3 — Indiana Code / Title 8 / Article 25 / Chapter 8 / Section 8-25-8-3
Foundation established; purpose
Status: in_force

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

As added by P.L.153-2014, SEC.17.
Ind. Code § 8-2.1-24-2 — Indiana Code / Title 8 / Article 2.1 / Chapter 24 / Section 8-2.1-24-2
Repealed
Status: repealed

As added by P.L.110-1995, SEC.29. Repealed by P.L.9-2010, SEC.16.
Ind. Code § 8-1-27-20 — Indiana Code / Title 8 / Article 1 / Chapter 27 / Section 8-1-27-20
Annual plan review; compliance with IC 8-1-27-8
Status: in_force

Sec. 20. The commission shall annually review each environmental compliance plan, the implementation of which has resulted in the displacement or diminished use of Indiana coal and determine whether a different compliance measure would more fully satisfy the requirements of section 8 of this chapter.

As added by P.L.76-1991, SEC.1.
Ind. Code § 8-1-2-62 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-62
Evidence; compelling production; witnesses; compelling attendance
Status: in_force

Sec. 62. Each of the commissioners and every agent provided for in this chapter shall have power to administer oaths, certify to official acts, issue subpoenas, compel the attendance of witnesses, and compel the production of books, accounts, papers, records, documents and testimony. In case of disobedience on the part of any person or persons to comply with any order of the commission or any commissioner or any subpoena, or on the refusal of any witness to testify to any matter regarding which he may be lawfully interrogated before the commission, or its authorized agent, it shall be the duty of the circuit or superior court of any county, on application of a commissioner, to compel the obedience to the requirements of a subpoena issued from such court or a refusal to testify therein.

Formerly: Acts 1913, c.76, s.65. As amended by P.L.59-1984, SEC.27.
Ind. Code § 8-23-11-2 — Indiana Code / Title 8 / Article 23 / Chapter 11 / Section 8-23-11-2
Repealed
Status: repealed

As added by P.L.18-1990, SEC.220. Repealed by P.L.16-2020, SEC.2.
Ind. Code § 8-21-2-1 — Indiana Code / Title 8 / Article 21 / Chapter 2 / Section 8-21-2-1
"Aircraft" defined
Status: in_force

Sec. 1. In this chapter, "aircraft" means any contrivance known or invented after May 21, 1929, used or designed for navigation of or flight in the air, except a parachute or other contrivance designed for such navigation but used primarily as safety equipment. "Operating aircraft" means performing the services of aircraft pilot.

Formerly: Acts 1929, c.171, s.1. As amended by P.L.66-1984, SEC.136.
Ind. Code § 8-14-11-9 — Indiana Code / Title 8 / Article 14 / Chapter 11 / Section 8-14-11-9-b
Repealed
Status: repealed

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

As added by P.L.117-1989, SEC.1. Repealed by P.L.152-2026, SEC.78.
Ind. Code § 8-25-3-1 — Indiana Code / Title 8 / Article 25 / Chapter 3 / Section 8-25-3-1
County funding
Status: in_force

Sec. 1. (a) This section applies to Delaware County, Hamilton County, Hancock County, Johnson County, Madison County, and Marion County.

(b) If the voters of an eligible county approve a local public question under IC 8-25-2, the fiscal body of the eligible county may, subject to section 4 of this chapter, adopt an ordinance under IC 6-3.6-6 to impose an additional local income tax rate as allowed by IC 6-3.6-7-27 for the public transportation project.

As added by P.L.153-2014, SEC.17. Amended by P.L.197-2016, SEC.90.
Ind. Code § 8-1-22.5-7 — Indiana Code / Title 8 / Article 1 / Chapter 22.5 / Section 8-1-22.5-7
Violations; civil penalties; public hearing
Status: in_force

Sec. 7. (a) A person who is engaged in transportation or owns, operates, or leases pipeline facilities who violates any provision of this chapter or any regulations issued pursuant to this chapter, is subject to a civil penalty not to exceed two hundred thousand dollars ($200,000) for each violation for each day that the violation persists. However, the maximum civil penalty may not exceed two million dollars ($2,000,000) for any related series of violations.

(b) The commission may, after notice and opportunity for public hearing, impose a civil penalty not to exceed the amount specified in subsection (a) against a person who violates this chapter or any rules issued pursuant to this chapter, and may compromise and collect the penalties which are payable to the state as otherwise provided by law. However, a penalty may not be assessed or collected for any violation for which the person has been found liable under 49 U.S.C. 60101 et seq.

Formerly: Acts 1971, P.L.84, SEC.1. As amended by P.L.69-1990, SEC.1; P.L.118-2006, SEC.7; P.L.9-2025, SEC.10.
Ind. Code § 8-4.5-1-9 — Indiana Code / Title 8 / Article 4.5 / Chapter 1 / Section 8-4.5-1-9
"Governmental entity"
Status: in_force

Sec. 9. "Governmental entity" refers to any of the following:

(1) An agency or instrumentality of the state.

(2) A political subdivision.

(3) An agency or instrumentality of a political subdivision.

As added by P.L.40-1995, SEC.3.
Ind. Code § 8-18-20-2 — Indiana Code / Title 8 / Article 18 / Chapter 20 / Section 8-18-20-2
Definitions
Status: in_force

Sec. 2. The definitions in IC 36-1-2 apply throughout this chapter and IC 8-18-21.

As added by P.L.386-1987(ss), SEC.20.
Ind. Code § 8-23-32-20 — Indiana Code / Title 8 / Article 23 / Chapter 32 / Section 8-23-32-20
Reporting to interim study committee
Status: in_force

Sec. 20. (a) Not later than November 1 of each year, the department must submit a report to the interim study committee on roads and transportation established by IC 2-5-1.3-4 that includes the following:

(1) The number of motor vehicle accidents and related serious injuries and deaths that occurred in each worksite where a worksite speed control system was operated.

(2) Data related to the speed of motor vehicles traveling through a worksite where a worksite speed control system was operated.

(3) The number of violations issued in a worksite where a worksite speed control system was operated.

(4) The amount of fines imposed for violations occurring in a worksite where a worksite speed control system was operated.

(b) Not later than July 1, 2028, the department must submit a report to the interim study committee on roads and transportation established by IC 2-5-1.3-4 that provides a summary of the impact of the use of worksite speed control systems in worksites.

(c) A report under this section must be submitted in an electronic format under IC 5-14-6.

As added by P.L.120-2023, SEC.2. Amended by P.L.9-2024, SEC.308.
Ind. Code § 8-10-5-6 — Indiana Code / Title 8 / Article 10 / Chapter 5 / Section 8-10-5-6
Officers and employees
Status: in_force

Sec. 6. A port authority shall employ and fix the qualifications, duties and compensation of such employees and professional help as it may require to conduct the business of the port and may appoint an advisory board which shall serve without compensation. Any employee may be suspended or dismissed, and the services of professional help may be terminated at any time by the port authority.

Formerly: Acts 1959, c.343, s.6.
Ind. Code § 8-25-8-4 — Indiana Code / Title 8 / Article 25 / Chapter 8 / Section 8-25-8-4
Use of money collected by foundation
Status: in_force

Sec. 4. A foundation established under section 3 of this chapter:

(1) shall use money received under section 3 of this chapter to:

(A) fund in part a public transportation project authorized under this article as required by IC 8-25-3-6(a); and

(B) carry out the purposes and programs of the foundation under this chapter; and

(2) may deposit money received under section 3 of this chapter in an account or fund that is:

(A) administered by the foundation; and

(B) not part of the state or county treasury.

As added by P.L.153-2014, SEC.17.
Ind. Code § 8-25-5-1 — Indiana Code / Title 8 / Article 25 / Chapter 5 / Section 8-25-5-1
Applicability
Status: in_force

Sec. 1. This chapter applies to the issuance of bonds by an eligible county for purposes of a public transportation project authorized under this article.

As added by P.L.153-2014, SEC.17.
Ind. Code § 8-17-1-35 — Indiana Code / Title 8 / Article 17 / Chapter 1 / Section 8-17-1-35
Repealed
Status: repealed

Formerly: Acts 1919, c.112, s.35 1/2. As amended by P.L.66-1984, SEC.91; P.L.86-1988, SEC.97. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-23-17-27 — Indiana Code / Title 8 / Article 23 / Chapter 17 / Section 8-23-17-27
Awards for condemnation proceeding expenses
Status: in_force

Sec. 27. (a) The court having jurisdiction of a proceeding instituted by an agency to acquire real property by eminent domain shall award the owner of a right, or title to, or interest in, the real property the sum that will in the opinion of the court reimburse the owner for reasonable costs, disbursements, and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of the condemnation proceedings, if:

(1) the final judgment is that the agency cannot acquire the real property by eminent domain; or

(2) the proceeding is abandoned by the agency.

(b) An award made under subsection (a) shall be paid by the agency for whose benefit the eminent domain proceedings were instituted.

(c) The court rendering a judgment for the plaintiff in a proceeding brought under IC 32-24-1-16 or any other Indiana law providing for the institution of proceedings by the owner seeking just compensation for property taken for public use in awarding compensation for the taking of property by an agency, or the agency effecting a settlement of a proceeding, shall determine and award or allow to the plaintiff, as a part of the judgment or settlement a sum that will in the opinion of the court or the agency reimburse the plaintiff for reasonable costs, disbursements, and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of the proceeding.

As added by P.L.18-1990, SEC.226. Amended by P.L.2-2002, SEC.49.
Ind. Code § 8-1.5-3-3.3 — Indiana Code / Title 8 / Article 1.5 / Chapter 3 / Section 8-1.5-3-3.3
Legalization of certain utility service boards
Status: in_force

Sec. 3.3. For purposes of section 3 of this chapter, a utility service board that:

(1) was established before January 1, 1983, under IC 8-1-2-100 (before its repeal and formerly Acts 1913, c.76, s.109, as amended);

(2) has continued in existence without interruption since its creation; and

(3) was established without submitting the question of its creation to the voters of the municipality for approval in a referendum;

is legalized and its actions validated.

As added by P.L.220-2011, SEC.187.
Ind. Code § 8-14-15.2-2 — Indiana Code / Title 8 / Article 14 / Chapter 15.2 / Section 8-14-15.2-2
"Principal of the trust"
Status: in_force

Sec. 2. As used in this chapter, "principal of the trust" means an amount equal to two hundred fifty million dollars ($250,000,000).

As added by P.L.189-2018, SEC.79.
Ind. Code § 8-14-17-5 — Indiana Code / Title 8 / Article 14 / Chapter 17 / Section 8-14-17-5
Uses of fund
Status: in_force

Sec. 5. Money in the fund may be used for any of the following purposes:

(1) The payment of any obligation incurred or amounts owed by the authority, the department, or an operator under IC 8-15.7 in connection with the execution and performance of a public-private agreement under IC 8-15.7 for a passenger or freight railroad system as described in IC 8-15.7-2-14(a)(4).

(2) Lease payments to the authority, if money for those payments is specifically appropriated by the general assembly.

As added by P.L.203-2007, SEC.4.
Ind. Code § 8-1-2-63 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-63
Witnesses; expenses
Status: in_force

Sec. 63. Each witness who appears before the commission or its agent by its order, shall receive for the witness's attendance the fees and mileage provided for witnesses in civil cases in courts of record which shall be audited and paid by the state, in the same manner as other expenses are audited and paid, upon the presentation of proper vouchers sworn to by such witnesses and approved by the chairman of the commission. Witnesses subpoenaed at the instance of parties other than the commission are not entitled to compensation from the state for attendance or travel unless the commission certifies that a witness's testimony was material to the matter investigated. However, the commission shall have power to pass upon, approve, and limit the expenditures of a public utility in connection with a rate case which are to be charged against the rate base and to be amortized over a period of years as determined by the commission; it being the intent and purpose to prevent excessive expenditures by the utilities for expert witnesses and for legal and transcription expenses in rate hearings and appraisals.

Formerly: Acts 1913, c.76, s.66; Acts 1933, c.190, s.7. As amended by P.L.9-2025, SEC.5.
Ind. Code § 8-1-2-42.3 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-42.3
Calculation of relevant period; determination of reduction; exception
Status: in_force

Sec. 42.3. (a) As used in this section, "relevant period" means the last month of the twelve (12) month test period considered in the current application before the commission under section 42(d)(3) and 42(g)(3)(c) of this chapter and extending through the longer of the:

(1) immediately preceding fifty-nine (59) months; or

(2) period beginning with the first full month following the last order issued by the commission in which the utility's basic rates and charges were approved.

(b) The commission shall order a reduction in the:

(1) fuel charge applied for under section 42(d)(3) of this chapter; or

(2) gas cost adjustment applied for under section 42(g)(3)(c) of this chapter;

only if the amount determined under subsection (c) is greater than zero.

(c) The commission shall calculate for the relevant period the sum of the differentials (both positive and negative) between the determined return and the authorized return for the respective twelve (12) month test period for each application for the relevant period, in each case as shown directly or indirectly by the commission's findings in each respective order issued under section 42(d) or 42(g) of this chapter.

(d) Consistent with subsection (b), the amount of reduction shall be determined by dividing the lesser of:

(1) the amount determined under subsection (c); or

(2) the amount by which the return in the current application before the commission was more than the authorized return;

by the total number of applications filed during the twelve (12) month test period considered in the current application before the commission.

(e) This section does not apply to a general district corporation within the meaning of IC 8-1-13-23(a).

As added by P.L.108-1995, SEC.2.
Ind. Code § 8-1-1.1-8.1 — Indiana Code / Title 8 / Article 1 / Chapter 1.1 / Section 8-1-1.1-8.1
Meetings; duties
Status: in_force

Sec. 8.1. (a) The council shall meet at the call of the chairman or the consumer counselor.

(b) The council shall receive, review, and advise the consumer counselor with respect to problems and concerns of ratepayers and consumers arising from the regulation of utilities, motor carriers, or railroads in Indiana. The office of consumer counselor shall provide necessary clerical and staff assistance for the council.

As added by P.L.1-1990, SEC.99.
Ind. Code § 8-23-26-11 — Indiana Code / Title 8 / Article 23 / Chapter 26 / Section 8-23-26-11
Acquisition of additional right-of-way and relocation of customer service facilities; responsibility for costs
Status: in_force

Sec. 11. If a highway or bridge construction or improvement project requires the acquisition of additional right-of-way and the relocation of customer service facilities that existed within the newly acquired right-of-way, the department is responsible for the cost of relocating those customer service facilities.

As added by P.L.63-1992, SEC.4.
Ind. Code § 8-15-3-8 — Indiana Code / Title 8 / Article 15 / Chapter 3 / Section 8-15-3-8
"Transient lodging facility"
Status: in_force

Sec. 8. As used in this chapter, "transient lodging facility" means accommodations for overnight or temporary habitation. The term includes a hotel, motel, motor court, lodge, or inn.

As added by P.L.386-1987(ss), SEC.13.
Ind. Code § 8-1-2-46.2 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-46.2
Water or wastewater utility extension of service for economic development, to rural area, or to developed but underserved area without deposit from customers
Status: in_force

Sec. 46.2. (a) The following definitions apply throughout this section:

(1) "Developed but underserved area" means an area in which the prospective service would be provided predominantly to existing and occupied structures:

(A) that receive water from private wells; or

(B) from which wastewater is disposed of through onsite private systems such as septic tanks.

(2) "Water or wastewater utility" means a public utility, other than a not-for-profit utility, as defined in section 125(a) of this chapter, that provides water or wastewater service to the public.

(b) Notwithstanding any law or rule governing extension of service, a water or wastewater utility may, on a nondiscriminatory basis, extend service:

(1) for economic development purposes;

(2) to rural areas; or

(3) to developed but underserved areas;

without a deposit or other adequate assurance of performance from the customer, to the extent that the extension of service results in a positive contribution to the utility's overall cost of service over a twenty (20) year period. For the purposes of this subsection, a water or wastewater utility's extension of service to a developed but underserved area will be considered as resulting in a positive contribution to the utility's overall cost of service over a twenty (20) year period to the extent that rates to be paid by fifty percent (50%) or more of the customers who could be served by the extension of service would enable the utility to fully recover the weighted cost of debt and depreciation expense attributable to the cost of the main extension for the extension of service.

(c) If a water or wastewater utility determines that an extension of service described in subsection (b) will not result in a positive contribution to the utility's overall cost of service over a twenty (20) year period, the water or wastewater utility, in extending service, may require a deposit or other adequate assurance of performance from:

(1) the developer of the project;

(2) a local, regional, or state economic development organization; or

(3) the customers to be served by the extension of service.

(d) Subsection (e) applies if:

(1) a county executive, a municipal legislative body, or, in Marion County, the county fiscal body, establishes an infrastructure development zone under IC 6-1.1-12.5-4; and

(2) the county executive, municipal legislative body, or county fiscal body requests a public utility to extend water or wastewater utility service to the geographic territory established as the infrastructure development zone.

(e) A water or wastewater utility that receives a request described in subsection (d)(2) may file a petition with the commission seeking approval of the requested extension of service. If the commission approves the petition, in future general rate cases, the commission shall approve rate schedules that include a surcharge payable only by customers located in the geographic area within the jurisdiction of the governmental entity described in subsection (d), or, if requested by the governmental entity, only within the geographic area established as an infrastructure development zone. The surcharge shall recover depreciation expense, weighted cost of capital, and federal and state income tax applicable to the extension of water or wastewater utility service.

As added by P.L.91-2017, SEC.5. Amended by P.L.160-2020, SEC.3; P.L.189-2021, SEC.1.
Ind. Code § 8-9-5-1 — Indiana Code / Title 8 / Article 9 / Chapter 5 / Section 8-9-5-1
Engineers; violation; exception
Status: in_force

Sec. 1. A person who operates a locomotive engine, upon any railroad in Indiana more than twenty-five (25) miles in length, without having worked or served for the preceding six (6) months as a fireman or engineer on a locomotive engine, commits a Class C infraction. Each day he so operates such an engine constitutes a separate offense. A person who for part of the six (6) months has worked or served as a fireman on a locomotive engine and for the remainder of the period has worked or served as an engineer on such a locomotive engine is considered to have the qualifications required by this chapter to operate a locomotive engine.

Formerly: Acts 1913, c.43, s.1; Acts 1974, P.L.30, SEC.1. As amended by Acts 1978, P.L.2, SEC.836.
Ind. Code § 8-1-41-2 — Indiana Code / Title 8 / Article 1 / Chapter 41 / Section 8-1-41-2
"Dwelling"
Status: in_force

Sec. 2. As used in this chapter, "dwelling" means any building, structure, or part of a building or structure that is occupied as, or is designed or intended for occupancy as, a residence by one (1) or more families or individuals.

As added by P.L.90-2022, SEC.1.
Ind. Code § 8-1-31.7-14 — Indiana Code / Title 8 / Article 1 / Chapter 31.7 / Section 8-1-31.7-14
Cost of common equity for public utility
Status: in_force

Sec. 14. (a) Except as provided in subsection (b), the cost of common equity to be used in the calculation of the pretax return under section 13 of this chapter shall be the most recent determination by the commission in a general rate proceeding of the eligible utility.

(b) If the commission finds that the most recent determination described in subsection (a) is no longer representative of current conditions, the commission may, after notice and hearing, make a new determination of the common equity cost rate for use in determining the charge. The most recent prior determination shall be used pending any redetermination under this subsection.

As added by P.L.137-2020, SEC.15.
Ind. Code § 8-14.5-8-1 — Indiana Code / Title 8 / Article 14.5 / Chapter 8 / Section 8-14.5-8-1
Approval of railroad crossing remediation projects
Status: in_force

Sec. 1. (a) The department may approve railroad crossing remediation projects under this chapter for financing under this article.

(b) The department shall establish a documented policy and procedure consistent with the requirements of IC 8-6-1 for making determinations of whether a project should be approved under this chapter.

As added by P.L.218-2017, SEC.68.
Ind. Code § 8-4-13-1 — Indiana Code / Title 8 / Article 4 / Chapter 13 / Section 8-4-13-1
Authority for dissolution
Status: in_force

Sec. 1. Any corporation organized before or after May 22, 1933, under Indiana statutes for the purpose of construction, owning, maintaining, and/or operating a railroad, other than a street railroad or an interurban railroad, may voluntarily dissolve under and pursuant to the provisions of this chapter.

Formerly: Acts 1933, c.107, s.1. As amended by P.L.62-1984, SEC.65.
Ind. Code § 8-23-9-1 — Indiana Code / Title 8 / Article 23 / Chapter 9 / Section 8-23-9-1
Opening of sealed bids
Status: in_force

Sec. 1. On the date and at the time and place named in the notice, the commissioner shall receive all sealed proposals submitted and shall publicly open the bids. The bids may be opened at any other public place that the commissioner may designate on the day the bids are to be opened.

As added by P.L.18-1990, SEC.218.
Ind. Code § 8-23-3-10 — Indiana Code / Title 8 / Article 23 / Chapter 3 / Section 8-23-3-10
Federal aid highways need; investigation
Status: in_force

Sec. 10. (a) Investigations conducted by the department to determine the reasonably anticipated future need for federal aid highways and state highways may include the following:

(1) Traffic surveys.

(2) The study of transportation facilities.

(3) Research concerning the development of the regions of Indiana and contiguous territory, including the effects of growth and changes in population and economic activity.

(4) The collection and review of data relating to factors that affect the judicious planning of the construction, improvement, and maintenance of highways.

(b) An investigation conducted under subsection (a) may interrupt and stop traffic if necessary.

(c) An investigation conducted under subsection (a) may be conducted in cooperation with counties, municipalities, metropolitan planning organizations, the United States, other states, government agencies, or other persons.

(d) The department may enter into an agreement with an entity described in subsection (c) to conduct an investigation under subsection (a).

As added by P.L.81-1991, SEC.2.
Ind. Code § 8-1-31.5-6 — Indiana Code / Title 8 / Article 1 / Chapter 31.5 / Section 8-1-31.5-6
"Cumulative excess or deficit"
Status: in_force

Sec. 6. As used in this chapter, "cumulative excess or deficit" means the amount by which an eligible utility's actual revenues are:

(1) in the case of an excess, greater than; or

(2) in the case of a deficit, less than;

the eligible utility's authorized revenues measured on a cumulative annual basis from the effective date of the commission's order in the eligible utility's most recent general rate case proceeding.

As added by P.L.104-2016, SEC.3.
Ind. Code § 8-10-5-8.1 — Indiana Code / Title 8 / Article 10 / Chapter 5 / Section 8-10-5-8.1
Railroad right-of-way; powers
Status: in_force

Sec. 8.1. In addition to the other powers granted under this chapter, the port authority may contract for, accept, or otherwise acquire and maintain railroad property and rights-of-way. The port authority may accept and expend funding from any source, and may issue revenue bonds, for the construction, operation, and maintenance of the property and rights-of-way and the lease or purchase of all necessary equipment and appurtenances to successfully operate a railroad over the rights-of-way. The powers granted, and procedures provided for, by this chapter shall extend to any authority created pursuant to this chapter even though the railroad facilities will not serve a port or harbor.

As added by Acts 1977, P.L.109, SEC.1. Amended by Acts 1979, P.L.89, SEC.2; Acts 1981, P.L.74, SEC.3; P.L.85-1988, SEC.2.
Ind. Code § 8-4-13-4 — Indiana Code / Title 8 / Article 4 / Chapter 13 / Section 8-4-13-4
Notice; publication
Status: in_force

Sec. 4. The directors of such dissolved corporation shall forthwith cause a notice of such dissolution to be published once a week on the same day of each week for two (2) successive weeks in a newspaper published in and of general circulation in the county in which the principal office of the corporation is located.

Formerly: Acts 1933, c.107, s.4.
Ind. Code § 8-23-26-1 — Indiana Code / Title 8 / Article 23 / Chapter 26 / Section 8-23-26-1
Application of chapter
Status: in_force

Sec. 1. (a) This chapter does not apply to a project let under IC 8-23-11.

(b) This chapter applies only to projects on the state highway system (as defined in IC 8-23-1.1-39).

As added by P.L.63-1992, SEC.4. Amended by P.L.145-2026, SEC.41.
Ind. Code § 8-23-6-3 — Indiana Code / Title 8 / Article 23 / Chapter 6 / Section 8-23-6-3
Construction and maintenance of streets surrounding railway tracks, pipes and conduits, drainage facilities, and sidewalks; regulation of traffic
Status: in_force

Sec. 3. (a) Whenever a street on the state highway system is located within the boundaries of a city or town and is occupied by the track or tracks of a street railway, interurban railway, or steam railroad, the department is not required to maintain, construct, or improve the part of the street between the track or tracks and for eighteen (18) inches on the outside of the outer rails. The department shall include as part of the construction cost and pay out of department funds any expenditures necessitated by the acquisition of sufficient rights-of-way to construct the street.

(b) If there are any tracks, pipes, or conduits in a street, the department may, after determining to construct or improve the street, require the owner to restore to good condition or renew the tracks, pipes, or conduits. The owner, within ninety (90) days after being notified to do so, shall restore or renew the tracks, pipes, or conduits. For tracks, the owner shall pave the part of the street between the rails of the tracks and eighteen (18) inches on the outside in conformity with plans approved by the department.

(c) If the construction work on tracks, pipes, or conduits involves work of a nature as to be impractical or impossible of performance as a separate unit, the department may by agreement with the owner perform the work for which the owner shall reimburse the department for the cost.

(d) Upon the completion of a street, the department shall maintain the roadway of the street, including the curbs and gutters, catch basins, and inlets within the limits of the street or highway that form integral parts of the street or highway. The city or town shall maintain the sidewalks, grass plats, and the connecting drainage facilities.

(e) Whenever the department has responsibility for maintenance of a street within a city or town, the department shall regulate traffic in accordance with IC 9-21 on the street and may remove any hazard to traffic.

As added by P.L.18-1990, SEC.215. Amended by P.L.2-1991, SEC.64.
Ind. Code § 8-17-1-45 — Indiana Code / Title 8 / Article 17 / Chapter 1 / Section 8-17-1-45
Counties responsible for roadways on southern and eastern boundaries; agreements between counties; provisions
Status: in_force

Sec. 45. (a) Each county is responsible for the construction, reconstruction, maintenance, and operation of the roads, including the ditches and signs for those roads, making up its southern and eastern boundaries.

(b) The county executives of two (2) adjoining counties may enter into an agreement under IC 36-1-7 for the construction, reconstruction, maintenance, or operation of any road or part of a road that makes up the boundary between the two (2) counties. In addition to the requirements of IC 36-1-7-3, an agreement under this section must provide for the following:

(1) The division of costs between the counties.

(2) The schedule for the work.

(3) The method of resolving disputes concerning the agreement if any arise.

(4) Any other terms the counties consider necessary.

Formerly: Acts 1971, P.L.102, SEC.1. As amended by P.L.86-1988, SEC.105; P.L.113-1989, SEC.8; P.L.84-1991, SEC.1; P.L.98-2000, SEC.7.
Ind. Code § 8-22-3.6-4 — Indiana Code / Title 8 / Article 22 / Chapter 3.6 / Section 8-22-3.6-4
Qualified lessors
Status: in_force

Sec. 4. Any of the following persons may lease a project to an authority under this chapter:

(1) A not-for-profit corporation organized under Indiana law or admitted to do business in Indiana.

(2) An airport development authority established under IC 8-22-3.7.

As added by P.L.108-1993, SEC.10.
Ind. Code § 8-23-1.1-23 — Indiana Code / Title 8 / Article 23 / Chapter 1.1 / Section 8-23-1.1-23
"Information center"
Status: in_force

Sec. 23. "Information center" means an area or site established and maintained at safety rest areas for the purpose of informing the public of places of interest within Indiana and providing other information that the department considers desirable.

As added by P.L.145-2026, SEC.37.
Ind. Code § 8-20-1-21 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-21
Repealed
Status: repealed

Formerly: Acts 1905, c.167, s.21; Acts 1913, c.261, s.1. As amended by P.L.353-1983, SEC.13; P.L.86-1988, SEC.175. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-3-2-16 — Indiana Code / Title 8 / Article 3 / Chapter 2 / Section 8-3-2-16
Partial invalidity of law
Status: in_force

Sec. 16. In case any of the provisions of this chapter shall be held invalid, such fact shall not operate to make invalid any other portion of the chapter, and the portions of this chapter not adjudged to be invalid shall be observed and enforced the same as though the invalid portion had not been enacted.

Formerly: Acts 1907, c.231, s.16. As amended by P.L.62-1984, SEC.26.
Ind. Code § 8-1-26-9 — Indiana Code / Title 8 / Article 1 / Chapter 26 / Section 8-1-26-9
"Mechanized equipment"
Status: in_force

Sec. 9. As used in this chapter, "mechanized equipment" means equipment operated by means of mechanical power, including:

(1) trenchers;

(2) bulldozers;

(3) power shovels;

(4) augers;

(5) backhoes;

(6) scrapers;

(7) drills;

(8) cable and pipe plows;

(9) hydraulic excavators; and

(10) other equipment that may cause damage to underground facilities.

As added by P.L.69-1990, SEC.2. Amended by P.L.200-2014, SEC.2.
Ind. Code § 8-15.5-11-0.5 — Indiana Code / Title 8 / Article 15.5 / Chapter 11 / Section 8-15.5-11-0.5
Applicability
Status: in_force

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

As added by P.L.213-2015, SEC.122.
Ind. Code § 8-15.7-3.5-2 — Indiana Code / Title 8 / Article 15.7 / Chapter 3.5 / Section 8-15.7-3.5-2
Notice of request for information
Status: in_force

Sec. 2. Notice of a request for information shall be given in accordance with IC 5-3-1.

As added by P.L.217-2017, SEC.73.
Ind. Code § 8-22-3.5-2.5 — Indiana Code / Title 8 / Article 22 / Chapter 3.5 / Section 8-22-3.5-2.5
"Eligible entity" defined
Status: in_force

Sec. 2.5. Notwithstanding IC 8-22-1-6, as used in this chapter, "eligible entity" refers to any of the following:

(1) A consolidated city.

(2) A city described in section 1(2) of this chapter.

(3) A city in a county described in section 1(3) of this chapter.

(4) A county described in section 1(4) of this chapter.

(5) A city located in a county described in section 1(4) of this chapter.

(6) A county described in section 1(5) of this chapter.

(7) A city located in a county described in section 1(5) of this chapter.

(8) A county described in section 1(6) of this chapter.

(9) A city described in section 1(7) of this chapter.

As added by P.L.108-1993, SEC.4. Amended by P.L.115-1995, SEC.5; P.L.85-1996, SEC.3; P.L.91-1997, SEC.5; P.L.124-2006, SEC.3; P.L.182-2009(ss), SEC.273.
Ind. Code § 8-1-8.1-2 — Indiana Code / Title 8 / Article 1 / Chapter 8.1 / Section 8-1-8.1-2
Determination of necessity for rules
Status: in_force

Sec. 2. The commission shall determine, based on the preponderance of evidence in the scientific literature, whether rules are necessary to protect the public health from electric and magnetic fields.

As added by P.L.94-1993, SEC.1.
Ind. Code § 8-1-32.6-10 — Indiana Code / Title 8 / Article 1 / Chapter 32.6 / Section 8-1-32.6-10
Commission's authority to adopt rules
Status: in_force

Sec. 10. The commission may adopt rules under IC 4-22-2 to implement this chapter.

As added by P.L.27-2006, SEC.56.
Ind. Code § 8-1-1.1-9.1 — Indiana Code / Title 8 / Article 1 / Chapter 1.1 / Section 8-1-1.1-9.1
Deputy consumer counselor for Washington affairs
Status: in_force

Sec. 9.1. (a) The governor may appoint a deputy consumer counselor for Washington affairs. The utility consumer counselor may advise the governor in the appointment of a deputy consumer counselor for Washington affairs.

(b) The deputy consumer counselor shall serve for a term of four (4) years at a salary to be fixed by the governor. The deputy shall serve at the pleasure of the governor. The deputy consumer counselor shall be a practicing attorney, and qualified by knowledge and experience to practice in utility regulatory agency proceedings. The deputy consumer counselor shall apply full efforts to the duties of the office and may not be actively engaged in any other occupation, practice, profession, or business.

(c) The deputy consumer counselor may appear on behalf of ratepayers, consumers, and the public in:

(1) hearings before the federal energy regulatory commission;

(2) appeals from the orders of the federal energy regulatory commission; and

(3) all other proceedings, including proceedings before federal agencies, and suits and actions in which the subject matter of the action affects the consumers of a utility, motor carrier, or railroad doing business in Indiana.

(d) The deputy consumer counselor may establish and maintain an office in Washington, D.C. The deputy consumer counselor may, with the approval of the consumer counselor, the governor, and the budget agency employ and fix the compensation of accountants, utility economists, engineers, attorneys, stenographers, or other assistance necessary to carry out the duties of the office of the deputy consumer counselor. The compensation of the deputy consumer counselor and the staff shall be paid from an appropriation made for that purpose by the general assembly, or with the approval of the governor and the budget agency, from the contingency fund established under IC 8-1-6-1.

(e) The deputy consumer counselor may employ, with the approval of the consumer counselor, the governor, and the budget agency, additional stenographers, examiners, experts, engineers, assistant counselors, accountants, and consulting firms with expertise in utility, motor carrier, or railroad economics or management or both, at salaries and compensation and for a length of time as the consumer counselor, the governor, and the budget agency may approve for a particular case or investigation. The compensation for additional personnel together with the cost of transportation, hotel, telegram, and telephone bills while traveling on public business shall be paid from the expert witness fee account, or, with the approval of the governor and the budget agency, from the contingency fund established under IC 8-1-6-1 on warrants drawn by the state comptroller, sworn to by the parties who incurred the expenses.

(f) Any expenses incurred by the regular staff of the office of the deputy consumer counselor and approved by the deputy consumer counselor shall be charged and paid from the contingency fund established under IC 8-1-6-1.

As added by P.L.1-1990, SEC.101. Amended by P.L.9-2024, SEC.278.
Ind. Code § 8-1.5-2-27 — Indiana Code / Title 8 / Article 1.5 / Chapter 2 / Section 8-1.5-2-27
Lease of waterworks facilities; term; option to purchase or renew; transfer of property to municipality
Status: in_force

Sec. 27. (a) A municipality may lease waterworks facilities from a not-for-profit corporation, a public utility, a county, or a municipality. The term of the lease may not exceed fifty (50) years. The lease must provide that the municipality has an option to:

(1) renew the lease for a further term on like conditions; and

(2) purchase the waterworks facilities covered by the lease contract with the terms and conditions of the purchase specified in the lease.

(b) If the option to purchase the waterworks facilities covered by the lease is exercised, the municipality, for the purpose of procuring money to pay the purchase price, may issue and sell revenue bonds under other laws governing the issuance and sale of waterworks revenue bonds for additions and extensions to municipal waterworks.

(c) If the municipality has not exercised an option to purchase the property covered by the lease at the expiration of the lease, and upon the full discharge and performance by the municipality of its obligations under the lease contract, the property covered by the lease thereupon becomes the absolute property of the municipality, and the lessor shall execute proper instruments conveying to the municipality good and merchantable title thereto.

As added by Acts 1982, P.L.74, SEC.1. Amended by P.L.35-1990, SEC.26; P.L.252-2015, SEC.20.
Ind. Code § 8-23-17-25 — Indiana Code / Title 8 / Article 23 / Chapter 17 / Section 8-23-17-25
Policy guidelines
Status: in_force

Sec. 25. All agencies shall, to the greatest extent practicable, be guided by the following policies:

(1) The agency shall make every reasonable effort to acquire expeditiously real property by negotiation.

(2) Real property shall be appraised before the initiation of negotiations, and the owner or a designated representative shall be given an opportunity to accompany the appraiser during the inspection of the property.

(3) Before the initiation of negotiations for real property, the agency concerned shall establish an amount that it believes to be just compensation and shall make a prompt offer to acquire the property for the full amount established. The amount may not be less than the agency's approved appraisal of the fair market value of the property. A decrease or increase in the fair market value of real property before the date of valuation caused by the public improvement for which the property is acquired, or by the likelihood that the property would be acquired for the improvement, other than that due to physical deterioration within the reasonable control of the owner, will be disregarded in determining the compensation for the property. The agency concerned shall provide the owner of real property to be acquired with a written statement of, and summary of the basis for, the amount it established as just compensation. Where appropriate the just compensation for the real property acquired and for damages to remaining real property shall be separately stated.

(4) An owner is not required to surrender possession of real property before the agency concerned pays the agreed purchase price, or deposits with the court in eminent domain proceedings for the benefit of the owner, the amount of the award of the appraisers in the eminent domain proceeding for the property.

(5) The construction or development of a public improvement shall be so scheduled that, to the greatest extent practicable, a person lawfully occupying real property is not required to move from a dwelling (assuming an adequate replacement dwelling will be available) or to move a business or farm operation without at least ninety (90) days written notice from the agency concerned of the date by which the move is required.

(6) If the agency permits an owner or tenant to occupy the real property acquired on a rental basis for a short term or for a period subject to termination by the agency on short notice, the amount of rent required may not exceed the fair rental value of the property to a short-term occupier.

(7) The agency may not advance the time of condemnation, or defer negotiations or condemnation and the deposit of funds in court for the use of the owner, or take any other action coercive in nature, to compel an agreement on the price to be paid for the property.

(8) If any interest in real property is to be acquired by exercise of the power of eminent domain, the agency concerned shall institute formal condemnation proceedings. An agency may not intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of the owner's real property.

(9) If the acquisition of only part of a property would leave its owner with an uneconomic remnant, the agency concerned shall offer to acquire the entire property.

As added by P.L.18-1990, SEC.226.
Ind. Code § 8-1-46-22 — Indiana Code / Title 8 / Article 1 / Chapter 46 / Section 8-1-46-22
Commission's approval of multi-year rate plan; required findings; commission's authority to examine rates, conduct reviews, and initiate proceedings to adjust rates or PIMs before expiration of multi-year rate plan
Status: in_force

Sec. 22. (a) The commission shall approve a multi-year rate plan for an electricity supplier under this chapter if, after notice and hearing, the commission finds the following:

(1) That the electricity supplier's rates under the multi-year rate plan are just and reasonable.

(2) That the multi-year rate plan reasonably assures the continuation of safe and reliable electric service for the electricity supplier's customers.

(3) That the multi-year rate plan will not unreasonably prejudice any class of the electricity supplier's customers and will not result in sudden substantial rate increases to the electricity supplier's customers or any class of customers.

(4) That the multi-year rate plan:

(A) will result in just and reasonable rates;

(B) is in the public interest; and

(C) is consistent with the requirements set forth in this chapter and in the rules adopted by the commission under section 27 of this chapter.

(5) That the multi-year rate plan meets any other legal requirement.

(b) At any time before the expiration of an electricity supplier's approved multi-year rate plan under this chapter, the commission may, with good cause and upon its own motion, or at the request of the office of utility consumer counselor or the electricity supplier do any of the following:

(1) Examine the reasonableness of the electricity supplier's rates under the multi-year rate plan.

(2) Conduct periodic reviews with opportunities for public hearings and comments from interested parties.

(3) Initiate a proceeding to adjust the base rates or PIMs under the multi-year rate plan as necessary to ensure that the multi-year rate plan continues to satisfy the criteria set forth in subsection (a).

As added by P.L.36-2026, SEC.10.
Ind. Code § 8-21-4-11 — Indiana Code / Title 8 / Article 21 / Chapter 4 / Section 8-21-4-11
Title
Status: in_force

Sec. 11. This chapter may be cited as the "Uniform State Law for Aeronautics".

Formerly: Acts 1927, c.43, s.12. As amended by P.L.66-1984, SEC.144.
Ind. Code § 8-3-1-13 — Indiana Code / Title 8 / Article 3 / Chapter 1 / Section 8-3-1-13
Repealed
Status: repealed

Formerly: Acts 1905, c.53, s.15; Acts 1907, c.241, s.14. As amended by Acts 1977, P.L.2, SEC.41; Acts 1978, P.L.2, SEC.821; P.L.384-1987(ss), SEC.22. Repealed by P.L.50-2011, SEC.5.
Ind. Code § 8-23-16-2 — Indiana Code / Title 8 / Article 23 / Chapter 16 / Section 8-23-16-2
Application of chapter
Status: in_force

Sec. 2. Subject to IC 34-13-2, IC 34-13-3, and IC 34-13-4, this chapter applies when a member of the department is sued for civil damages and:

(1) the department administratively determines that the civil action arose out of an act performed within the scope of the duties of the member; and

(2) a lack of defense of the action by the state would prejudice the construction, maintenance, or administration of state highways.

As added by P.L.18-1990, SEC.225. Amended by P.L.1-1998, SEC.92.
Ind. Code § 8-21-1-7 — Indiana Code / Title 8 / Article 21 / Chapter 1 / Section 8-21-1-7
Federal aid; crediting
Status: in_force

Sec. 7. All sums received from the government of the United States and any agency or department thereof as federal aid for aviation purposes except sums received by municipalities under IC 8-21-8-1(c)(2) shall be credited to the department by the state comptroller and shall be used in accordance with federal laws and regulations and the laws of this state.

Formerly: Acts 1945, c.360, s.7; Acts 1975, P.L.93, SEC.7. As amended by Acts 1980, P.L.74, SEC.309; P.L.9-2024, SEC.299.
Ind. Code § 8-1-11.1-7 — Indiana Code / Title 8 / Article 1 / Chapter 11.1 / Section 8-1-11.1-7
Expenses; procedure for payment
Status: in_force

Sec. 7. All preliminary expenses actually incurred by such board of directors in providing necessary records, the employment of clerks, engineers, attorneys and other employees, the making of surveys, and all other expenses of whatsoever nature necessary to be paid prior to the actual taking over and operation of any utility plant and the collection of revenues therefrom, shall be met and paid in the following manner: Said board of directors for utilities shall from time to time certify such items of expense to the controller of such city, directing the controller to pay the several amounts of the items of expense, and thereupon said controller shall at once draw a warrant or warrants upon the county treasurer, which warrant or warrants shall be paid out of the general funds of such city not theretofore appropriated, without a special appropriation being made for the payment of the warrant or warrants by the city-county council; or in case there are no such general funds of said city not otherwise appropriated, the city controller shall recommend to the city-county council the temporary transfer of other funds of such city as is necessary to meet such items of expense, or the making of a temporary loan for such purpose, and such council shall, thereupon at once make such transfer of funds or authorize such temporary loan in the same manner that other temporary loans are made by such city. However, the fund or funds of such city from which such payments are made shall be fully reimbursed and repaid with six percent (6%) interest by such board of directors for utilities out of the first receipts from the operation of any such utility by said board which are not needed to defray current operating expenses and the expenses of imperative betterments.

[Pre-Local Government Recodification Citation: 19-3-24-7.]

As added by Acts 1981, P.L.11, SEC.43. Amended by P.L.136-2018, SEC.62.
Ind. Code § 8-1-17-18.2 — Indiana Code / Title 8 / Article 1 / Chapter 17 / Section 8-1-17-18.2
Consolidation of corporations
Status: in_force

Sec. 18.2. (a) Any two (2) or more cooperative corporations created under this chapter and operating or authorized to operate in contiguous territory may enter into an agreement for the consolidation of the cooperative corporations, which agreement shall be submitted for the review of the commission in the manner provided for in section 5 of this chapter. The agreement must set forth the terms and conditions of the consolidation, the name of the proposed consolidated cooperative corporation, the number of its directors, not less than three (3), the time of the annual election, and the names of the persons, not less than three (3), to be directors until the first annual meeting. Each cooperative corporation participating in the consolidation shall call and hold a meeting of its members as provided in section 9 of this chapter, at which the proposal of the consolidation shall be presented. If at each meeting the consolidation agreement is approved by a resolution duly adopted and receiving the affirmative vote of at least three-fourths (3/4) of the total number of members who either attend and vote at the meeting or, as authorized under section 9(g) of this chapter, cast a vote before the date of the meeting, the directors named in the agreement shall subscribe and acknowledge articles conforming substantially to the original articles of incorporation. The new articles shall be entitled and endorsed "Articles of Consolidation of __________" (the blank space being filled in with the names of the cooperative corporations being consolidated) and must state:

(1) the names of the cooperative corporations being consolidated;

(2) the name of the consolidated cooperative corporation;

(3) a statement that each consolidating cooperative corporation agrees to the consolidation;

(4) the names and addresses of the directors of the new cooperative corporation; and

(5) the terms and conditions of the consolidation and the mode of carrying the consolidation into effect, including the manner in which members of the consolidating cooperative corporations may or shall become members of the new cooperative corporation.

The new articles of incorporation may contain any provisions not inconsistent with this chapter that are necessary or advisable for the conduct of the business of the new cooperative corporation.

(b) If the commission approves the articles of consolidation under section 5 of this chapter, the articles of consolidation or a certified copy or copies of the articles shall be filed, together with the attached copy of the order of the commission under section 5(e)(2) of this chapter, in the same place as the original articles of incorporation. Upon the filings required under section 5(g) of this chapter, the proposed consolidated cooperative corporation, under its designated name, is a body corporate with all the powers of a cooperative corporation as originally formed under this chapter.

As added by P.L.3-2008, SEC.72. Amended by P.L.49-2018, SEC.7.
Ind. Code § 8-21-9-22 — Indiana Code / Title 8 / Article 21 / Chapter 9 / Section 8-21-9-22
Revenue bonds
Status: in_force

Sec. 22. Airport revenue bonds issued under the provisions of this chapter shall not be deemed to constitute a debt of the state or of any political subdivision of the state or a pledge of the faith and credit of the state or of any such political subdivision, but such bonds shall be payable solely from the funds pledged for their payment as authorized under this chapter, unless such bonds are refunded by refunding bonds, issued under this chapter, which refunding bonds shall be payable solely from funds pledged for their payment as authorized under this chapter. All such revenue bonds shall contain on the face of the bonds a statement to the effect that the bonds, as to both principal and interest, are not an obligation of the State of Indiana, or of any political subdivision of the state, but are payable solely from revenues pledged for their payment. All expenses incurred in carrying out this chapter shall be payable solely from funds provided under the authority of this chapter, and nothing in this chapter contained shall be construed to authorize the department to incur indebtedness or liability on behalf of or payable by the state or any political subdivision of the state.

Formerly: Acts 1971, P.L.105, SEC.2. As amended by Acts 1980, P.L.74, SEC.353; P.L.136-2018, SEC.105.
Ind. Code § 8-1-2.8-23 — Indiana Code / Title 8 / Article 1 / Chapter 2.8 / Section 8-1-2.8-23
Exemption of InTRAC from commission jurisdiction; affiliated interests
Status: in_force

Sec. 23. (a) If the InTRAC meets the requirements of sections 18 and 21 of this chapter, the InTRAC:

(1) is not a public utility;

(2) is not a telephone company or a communications service provider; and

(3) is free from the jurisdiction and oversight of the commission except as specifically provided in this chapter.

(b) The InTRAC is not an affiliated interest (as defined in IC 8-1-2-49). An officer, a director, or a member of the InTRAC may not be construed to be an affiliated interest solely because that person or entity is an officer, a director, or a member of the InTRAC.

As added by P.L.75-1991, SEC.1. Amended by P.L.27-2006, SEC.35.
Ind. Code § 8-4-21-3 — Indiana Code / Title 8 / Article 4 / Chapter 21 / Section 8-4-21-3
Dissenting shareholders; arbitration of claims; deposit of award with court
Status: in_force

Sec. 3. If such stockholder refuses for a period of ten (10) days after request therefor to submit the question to arbitration, then, upon the application of a director of either the purchasing or selling company, the proper judge shall appoint the arbitrators, who shall proceed and ascertain the value of the stock as if the question had been submitted by consent of both parties. If the party owning the stock refuses to receive the amount awarded, the company may deposit it with the clerk of the circuit court of the county in which the arbitration is held, which deposit shall operate as if payment was made to the owner of the stock. If the owner of the stock shall accept the award of the arbitrators, he shall surrender his stock certificates.

Formerly: Acts 1913, c.169, s.4.
Ind. Code § 8-15.5-3.5-2 — Indiana Code / Title 8 / Article 15.5 / Chapter 3.5 / Section 8-15.5-3.5-2
Notice of request for information
Status: in_force

Sec. 2. Notice of a request for information shall be given in accordance with IC 5-3-1.

As added by P.L.217-2017, SEC.71.
Ind. Code § 8-1-10-1 — Indiana Code / Title 8 / Article 1 / Chapter 10 / Section 8-1-10-1
Payments unlawful
Status: in_force

Sec. 1. Whenever an order has been lawfully made upon any public utility by the commission under the provisions of IC 8-1-2 or by the Indiana department of health under the provisions of IC 16-41-24, it shall be unlawful for such public utility, or any officer thereof, to pay any funds from its treasury to any other public utility for the purpose of concealing its income or assets or otherwise diverting the funds from their proper uses.

Formerly: Acts 1915, c.57, s.1. As amended by P.L.59-1984, SEC.63; P.L.23-1988, SEC.41; P.L.2-1992, SEC.81; P.L.2-1993, SEC.62; P.L.56-2023, SEC.53.
Ind. Code § 8-9-1-3 — Indiana Code / Title 8 / Article 9 / Chapter 1 / Section 8-9-1-3
Intoxication while on duty
Status: in_force

Sec. 3. It is a Class C infraction for an agent, officer, or employee of any person engaged in the operation of railroad trains by steam power to be or become intoxicated while in the performance of his duties or to operate any such train or give orders or directions for the operation of any such train contrary to the printed rules of his company required by section 1 of this chapter.

Formerly: Acts 1907, c.272, s.3. As amended by Acts 1978, P.L.2, SEC.833.
Ind. Code § 8-17-3-6 — Indiana Code / Title 8 / Article 17 / Chapter 3 / Section 8-17-3-6
Repealed
Status: repealed

Formerly: Acts 1933, c.27, s.6. As amended by Acts 1981, P.L.47, SEC.9; P.L.86-1988, SEC.111. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-23-1.1-18 — Indiana Code / Title 8 / Article 23 / Chapter 1.1 / Section 8-23-1.1-18
"Electronic billboard"
Status: in_force

Sec. 18. "Electronic billboard" means a programmable sign capable of presenting a large amount of:

(1) text;

(2) symbolic imagery; or

(3) both text and symbolic imagery.

As added by P.L.145-2026, SEC.37.
Ind. Code § 8-15-2-14.7 — Indiana Code / Title 8 / Article 15 / Chapter 2 / Section 8-15-2-14.7
Appropriations to development authority
Status: in_force

Sec. 14.7. (a) As used in this section, "development authority" refers to the development authority established under IC 36-7.5-2-1.

(b) An appropriation made by the general assembly to the development authority may be distributed to the development authority only if all transfers required from cities and counties to the development authority under IC 36-7.5-4-2 have been made.

(c) An appropriation made by the general assembly to the development authority may be distributed to the development authority only after:

(1) the budget committee has reviewed; and

(2) the director of the office of management and budget has approved;

the comprehensive strategic development plan submitted in accordance with IC 36-7.5-3-4.

(d) If the Indiana Toll Road is sold or leased before January 1, 2008 (other than a lease to the department), and the sale or lease agreement does not require the purchaser or lessee to continue making the distributions required by subsection (b), the treasurer of state shall pay the amount, if any, appropriated by the general assembly to the development authority revenue fund established under IC 36-7.5-4-1.

(e) Amounts distributed or paid to the development authority under this section may be used for any purpose of the development authorized under IC 36-7.5.

As added by P.L.214-2005, SEC.53. Amended by P.L.47-2006, SEC.13; P.L.189-2018, SEC.83.
Ind. Code § 8-16-15.5-6 — Indiana Code / Title 8 / Article 16 / Chapter 15.5 / Section 8-16-15.5-6
Purpose
Status: in_force

Sec. 6. The bridge authority is established for the purpose of:

(1) inheriting the assets, duties, powers, and rights of the commission;

(2) accepting the transfer and ownership of the bridge and all interests of the commission in real and personal property;

(3) accepting or receiving all other assets of the commission; and

(4) equipping, financing, improving, maintaining, operating, reconstructing, rehabilitating, and restoring the bridge for use by motor vehicles, pedestrians, and other modes of transportation.

As added by P.L.185-2018, SEC.27.
Ind. Code § 8-14-15.1-2 — Indiana Code / Title 8 / Article 14 / Chapter 15.1 / Section 8-14-15.1-2
"Board"
Status: in_force

Sec. 2. As used in this chapter, "board" refers to the next level Indiana fund investment board established by section 7 of this chapter.

As added by P.L.217-2017, SEC.69.
Ind. Code § 8-3-1-9 — Indiana Code / Title 8 / Article 3 / Chapter 1 / Section 8-3-1-9
Repealed
Status: repealed

Formerly: Acts 1905, c.53, s.11; Acts 1907, c.241, s.10; Acts 1911, c.225, s.2. As amended by Acts 1978, P.L.6, SEC.12; P.L.384-1987(ss), SEC.18. Repealed by P.L.50-2011, SEC.5.