Ind. Code § 8-25-4-3 — Indiana Code / Title 8 / Article 25 / Chapter 4 / Section 8-25-4-3
Fiscal body authorization to carry out a public transportation project through an interlocal agreement
Status: in_force

Sec. 3. The fiscal body of an eligible county may adopt an ordinance authorizing the executive of the county to enter into an interlocal agreement with the executive of another eligible county to carry out jointly a public transportation project approved by the voters of both counties in local public questions held under this article.

As added by P.L.153-2014, SEC.17.
Ind. Code § 8-1-2-1.3 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-1.3
"Electric vehicle"; "electric vehicle supply equipment"; person making EV supply equipment available for public use; compensation based on kilowatt hours sold; regulatory status; retail customer's private provision of electricity to EV supply equipment on premises
Status: in_force

Sec. 1.3. (a) As used in this section, "electric vehicle", or "EV", means a vehicle that employs electrical energy as a primary or secondary mode of propulsion. The term includes:

(1) all-electric vehicles; and

(2) plug-in hybrid electric vehicles.

(b) As used in this section, "electric vehicle supply equipment", or "EV supply equipment", means a device or system designed and used specifically to transfer electrical energy to an electric vehicle, either as charge transferred by physical or wireless connection, by loading a fully charged battery into the vehicle, or by other means.

(c) Subject to subsections (d) and (e), a person, including a joint agency (as defined in IC 8-1-2.2-2), that:

(1) owns, operates, or leases EV supply equipment;

(2) makes the EV supply equipment available for use by the public for compensation;

(3) procures the electricity that is provided to the public for compensation from an electricity supplier that is authorized to engage in the retail sale of electricity within the assigned service area in which the EV supply equipment is located; and

(4) resells electricity exclusively for the charging of plug-in electric vehicles;

may charge the public for such use based in whole or in part on the kilowatt hours of electricity sold in a particular transaction.

(d) Subject to subsection (c), a person, including a joint agency (as defined in IC 8-1-2.2-2), that:

(1) owns, operates, or leases EV supply equipment; and

(2) makes the EV supply equipment available for use by the public for compensation, regardless of whether the person charges the public for such use based on:

(A) the kilowatt hours of electricity sold;

(B) the amount of time spent by an electric vehicle at a designated charging space; or

(C) a combination of both clauses (A) and (B);

is not a public utility solely by reason of engaging in any activity described in subdivisions (1) through (2).

(e) This section does not:

(1) apply to or prohibit the lawful use of:

(A) an alternate energy production facility;

(B) a cogeneration facility; or

(C) a small hydro facility;

within the scope of IC 8-1-2.4 by a retail electric customer for the private provision of electrical energy to EV supply equipment at the customer's location in connection with the charging of electric vehicles;

(2) render the owner or operator of a facility described in subdivision (1)(A) through (1)(C) a public utility by reason of such lawful use of the facility described in subdivision (1); or

(3) render the provision of electrical energy by a facility described in subdivision (1)(A) through (1)(C) a public utility service that is subject to regulation by reason of such lawful use of the facility described in subdivision (1).

(f) Subsection (e) does not authorize the furnishing of retail electric service to the general public.

As added by P.L.94-2022, SEC.1.
Ind. Code § 8-25-6-3 — Indiana Code / Title 8 / Article 25 / Chapter 6 / Section 8-25-6-3
Township fiscal body resolution requirements
Status: in_force

Sec. 3. If the fiscal body of a township adopts a resolution under section 2 of this chapter, the township trustee shall certify a copy of the resolution to the department of local government finance, including the language for the question required by IC 8-25-2-3. The township trustee may modify the proposed local question as necessary to indicate that the local question concerns a public transportation project for the township. The department shall review the language for compliance with section 4 of this chapter, whichever is applicable to the eligible county, while taking into account any necessary modifications for the township. The department of local government finance may approve or reject the language. The department shall send its decision to the township trustee and the fiscal body of the township not more than ten (10) days after the resolution is submitted to the department. If the language is approved, the township trustee shall certify a copy of the resolution, including the language for the question and the department's approval, to the county election board of the eligible county.

As added by P.L.153-2014, SEC.17. Amended by P.L.197-2016, SEC.96.
Ind. Code § 8-21-9-15 — Indiana Code / Title 8 / Article 21 / Chapter 9 / Section 8-21-9-15
Acquisition and disposition of land
Status: in_force

Sec. 15. (a) If the department considers a purchase expedient, the department may acquire by purchase any land, property, rights, rights-of-way, franchises, easements, and other interest in lands, including lands under water and riparian rights, as it considers necessary or convenient for the construction and operation of any airport or airport facility.

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

(c) The department shall take title in the name of the state of Indiana.

(d) The department may:

(1) sell, transfer, and convey any land or any interest in land acquired, or any part of the land or interest in land if the land or interest in land is no longer needed for such purposes; and

(2) transfer and convey any lands or interests in lands as may be necessary or convenient for the construction and operation of any airport or airport facility, or as otherwise required under this chapter. However, a sale may not be made without the approval of the governor first obtained and at not less than the appraised value established by three (3) independent appraisers appointed by the governor.

The department may restrict the use of any land sold by it and provide for a reversion to the department if the land is not used for the purpose represented by the purchaser. Provisions concerning restrictions and reversions must be set out in appropriate covenants in the deeds of conveyance. The deeds must be approved by the governor.

(e) The department may lease to others for development or use any part of the land owned by the department, together with any airport facility on the land or to be constructed on the land, on terms the department determines to be advantageous. Leases covering a period of more than four (4) years must be approved by the governor. Leases of lands under the jurisdiction or control of the department may be made only for uses and purposes as are calculated to contribute to the growth and development of the airport and airport facilities under the jurisdiction or control of the department.

(f) If the department leases to others for a period of more than four (4) years an airport facility financed by the issuance of revenue bonds, the rental must be in an amount at least sufficient to pay the interest on and principal of the amount of the bonds representing the cost of the airport facility to the extent the interest and principal is payable during the term of the lease. The lease must provide for the payment by the lessee of all costs of maintenance, repair, and insurance.

(g) The department may acquire or purchase an existing airport facility if:

(1) the facility is located on land acquired for the purpose of constructing a continental or an intercontinental airport; or

(2) operation of the airport would be detrimental to the safe use of the airport facility.

(h) The department may enter into contracts, leases and other use agreements with air carriers, airport concessionaires, airport tenants, and other airport users under agreed terms, conditions, charges, and fees for a term not exceeding twenty (20) years. However, lease agreements for land rental may be entered into for a term not exceeding ninety-nine (99) years if the lessee will use the leased land for the construction of buildings or other facilities at the lessee's expense.

Formerly: Acts 1971, P.L.105, SEC.2. As amended by Acts 1980, P.L.74, SEC.346; P.L.2-2002, SEC.44.
Ind. Code § 8-1-39-14 — Indiana Code / Title 8 / Article 1 / Chapter 39 / Section 8-1-39-14
Limit on increase in utility's total retail revenues resulting from TDSIC; combined revenue impact of TDSIC under terminated plan and TDSIC under new plan
Status: in_force

Sec. 14. (a) The commission may not approve a TDSIC that would result in an average aggregate increase in a public utility's total retail revenues of more than two percent (2%) in a twelve (12) month period. For purposes of this subsection, a public utility's total retail revenues do not include TDSIC revenues associated with a targeted economic development project.

(b) If a public utility incurs TDSIC costs under the public utility's TDSIC plan that exceed the percentage increase in a TDSIC approved by the commission, the public utility shall defer recovery of the TDSIC costs as set forth in section 9(c) of this chapter.

(c) For purposes of subsection (a), in the case of a public utility that terminates a TDSIC plan under section 10(d) of this chapter, the commission shall consider the combined twelve (12) month revenue impact of the TDSIC approved under the terminated plan and the TDSIC approved under any new TDSIC plan.

As added by P.L.133-2013, SEC.5. Amended by P.L.89-2019, SEC.7.
Ind. Code § 8-14-9-15 — Indiana Code / Title 8 / Article 14 / Chapter 9 / Section 8-14-9-15
Local county road and bridge construction fund; use; deposits
Status: in_force

Sec. 15. (a) All proceeds from the sale of bonds issued under this chapter shall be deposited in a separate fund known as the local county road and bridge district construction fund. Monies in the fund shall be used to pay for:

(1) any lands or rights-of-way to be acquired for roads or bridges, or both, within the local county road and bridge district;

(2) any capital improvement necessary for the construction, reconstruction, or operation of roads or bridges, or both, within the local county road and bridge district; and

(3) any other necessary expenses incurred in carrying out the project.

Monies in the fund may not be used to pay the salaries of employees of the qualified county.

(b) Monies in the fund shall be deposited with any depository of public funds of the qualified county. Interest accruing on monies in the fund belongs to the fund.

As added by Acts 1981, P.L.88, SEC.13.
Ind. Code § 8-1-11.1-22 — Indiana Code / Title 8 / Article 1 / Chapter 11.1 / Section 8-1-11.1-22
Resolution authorizing revenue obligations; trust indenture; terms of obligations
Status: in_force

Sec. 22. (a) Such revenue obligations shall be authorized by resolution adopted by the board of directors for utilities and the terms, conditions and form thereof shall be set out in such resolution or in a form of trust indenture between the corporation and a designated corporate trustee, or both.

(b) Such revenue obligations shall bear interest, not to exceed a maximum rate to be determined by the board of directors for utilities, payable annually or at shorter intervals and shall mature at such time or times as may be determined in such resolution or indenture. The obligations may be made redeemable before maturity at the option of the board of directors for utilities under such terms and conditions as may be fixed by the resolution or indenture.

(c) The principal and interest of the revenue obligations may be made payable in any lawful medium. The resolution or indenture shall determine the form of obligations, including the interest coupons if any to be attached thereto, and shall fix the denomination or denominations of the obligations and the place or places of payment of the principal and interest thereof, which may be at any bank or trust company within or without the state.

(d) Provision may be made for the registration of any of the obligations in the name of the owner as to principal alone, or as to both principal and interest, but fully registered obligations shall be made convertible to coupon obligations at the option of the registered owner. The obligations including interest shall be exempt from all taxation: state, county and municipal.

(e) Such resolution or the indenture may also include provisions for protecting and enforcing the rights and remedies of the holders of the obligations being issued and covenants setting forth the duties of the department of public utilities and its officers in relation to the acquisition, construction, operation and maintenance of and insurance to be carried on the property or properties on account of which the obligations are being issued, and, to the fullest extent permitted by law, the maintenance of rates and charges to be collected on account hereof; also, provisions for the custody, safeguarding and application of all moneys and the rights and remedies of the trustee and the holders of the obligations being issued, and for the issuance of additional parity obligations or junior lien obligations secured by a pledge of the revenues or by a pledge or mortgage of the revenues and property described in said resolution or indenture; also, such other terms, conditions, limitations and covenants as the board of directors for utilities shall deem proper. Such obligations and any interest coupons appertaining thereto shall be negotiable instruments within the meaning and for all purposes under the laws of this state, subject only to the provisions for registration of the obligations.

[Pre-Local Government Recodification Citation: 19-3-24-22.]

As added by Acts 1981, P.L.11, SEC.43.
Ind. Code § 8-3-2-12 — Indiana Code / Title 8 / Article 3 / Chapter 2 / Section 8-3-2-12
Forfeiture and damages; delay in transportation or failure to furnish freight cars
Status: in_force

Sec. 12. The forfeiture accruing under this chapter may be collected in any court of competent jurisdiction in any county in this state into which the carrier operates, and in case the plaintiff recovers, the court or jury trying the cause shall allow the plaintiff a reasonable sum for his attorney's fees. The accruing and collection of any such forfeiture shall not preclude any such party from collecting actual damages in excess thereof which he shall have sustained on account of any such delay in transportation or failure to furnish cars as required by this chapter.

Formerly: Acts 1907, c.231, s.12. As amended by P.L.62-1984, SEC.22.
Ind. Code § 8-23-15-2 — Indiana Code / Title 8 / Article 23 / Chapter 15 / Section 8-23-15-2
Notice; confirmation of accuracy; appeals
Status: in_force

Sec. 2. In undertaking the inventory under this chapter, the department shall give written notice to the county road supervisor and the county executive thirty (30) days before the inventory actually begins that an inventory is underway. The department shall confer with the local officials to confirm the accuracy of the inventory. If the county executive believes an error has been made, the executive may appeal to the commissioner for a review of the inventory results.

As added by P.L.18-1990, SEC.224.
Ind. Code § 8-20-1-36 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-36
Repealed
Status: repealed

Formerly: Acts 1905, c.167, s.46; Acts 1907, c.259, s.1; Acts 1973, P.L.23, SEC.10. As amended by P.L.86-1988, SEC.188. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-2.1-17-3 — Indiana Code / Title 8 / Article 2.1 / Chapter 17 / Section 8-2.1-17-3
"Certificate"
Status: in_force

Sec. 3. "Certificate" means:

(1) the certificate issued by the department to an intrastate motor carrier; or

(2) the acknowledgment issued by the department to an interstate common carrier or a contract carrier.

As added by P.L.99-1989, SEC.8. Amended by P.L.110-1995, SEC.2.
Ind. Code § 8-2.1-22-15 — Indiana Code / Title 8 / Article 2.1 / Chapter 22 / Section 8-2.1-22-15
Ownership of certificate; sale or transfer
Status: reserved

Sec. 15. Any certificate or part owned, held, or obtained by the carrier may be sold, assigned, leased, bequeathed, or transferred as other property upon approval by the department. The department may inquire into the responsibility of the person obtaining or seeking to obtain ownership or control of any certificate or part, the person's readiness, ability, and willingness to perform the service proposed, and whether the proposed service, to the extent authorized by the certificate, is or will be consistent with the public interest and the state transportation policy declared in this title. If the department finds the person to be irresponsible or unable to render satisfactory and adequate service under the certificate or part, or if it finds that the transfer will not be consistent with the public interest, the department may enter an order denying the transfer, in whole or in part. However, a certificate or part may not be sold, assigned, leased, bequeathed, or transferred.

As added by P.L.99-1989, SEC.13. Amended by P.L.205-2025, SEC.33.
Ind. Code § 8-1-44-5 — Indiana Code / Title 8 / Article 1 / Chapter 44 / Section 8-1-44-5
"Eligible project development costs"
Status: in_force

Sec. 5. As used in this chapter, "eligible project development costs" means project development costs that:

(1) have been incurred, or are reasonably estimated to be incurred, by an eligible utility in the development of one (1) or more SMRs under the program; and

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

(A) eligible partner with whom the eligible utility has entered into an eligible partnership under this chapter;

(B) governmental agency; or

(C) other third party, regardless of whether the third party has entered into an eligible partnership with the eligible utility under this chapter.

As added by P.L.137-2025, SEC.1.
Ind. Code § 8-14.5-6-1 — Indiana Code / Title 8 / Article 14.5 / Chapter 6 / Section 8-14.5-6-1
Bond and note authorization
Status: in_force

Sec. 1. Except as provided in sections 2 and 5 of this chapter, the authority may, by resolution, after budget committee review, issue and sell bonds or notes of the authority for the purpose of providing funds to carry out the provisions of this article with respect to the construction of a project or projects or the refunding of any bonds or notes, together with any reasonable costs associated with a refunding. The amount of the bonds or notes issued for a railroad crossing upgrade project described in IC 8-14.5-8 may not cause the annual payments on all the bonds and notes for this purpose to exceed ten million dollars ($10,000,000).

As added by P.L.68-1988, SEC.12. Amended by P.L.260-1997(ss), SEC.54; P.L.218-2017, SEC.67; P.L.173-2025, SEC.14.
Ind. Code § 8-6-4-2 — Indiana Code / Title 8 / Article 6 / Chapter 4 / Section 8-6-4-2
Violations; penalties; damages for personal injuries or property damage
Status: in_force

Sec. 2. (a) Every engineer or other person in charge of or operating an engine, who shall fail or neglect to comply with the provisions of section 1 of this chapter, shall be held personally liable to the state, in a penalty of not less than ten dollars ($10.00) nor more than fifty dollars ($50.00), to be recovered in a civil action brought by the state in the circuit or superior court of any county where the crossing is located.

(b) A railroad company that violates section 1(c) of this chapter shall be held liable therefor to the state for a penalty of not less than two hundred fifty dollars ($250) nor more than five thousand dollars ($5,000), to be recovered in a civil action brought by the state in the circuit or superior court of any county where the crossing is located. The railroad company in whose employ such engineer or person may be, as well as the engineer or person in charge of or operating the engine, shall be liable in damages to any person, or the person's representatives, who may be injured in property or person, or to any corporation that may be injured in property, by the neglect or failure of said engineer or other person as aforesaid.

(c) A railroad company that violates section 1(b) of this chapter may be held liable to the state for a penalty of not less than two hundred fifty dollars ($250) or more than one thousand dollars ($1,000), to be recovered in a civil action brought by the state in the circuit or superior court of any county where the crossing is located.

Formerly: Acts 1879(ss), c.77, s.2; Acts 1972, P.L.63, SEC.2. As amended by P.L.1-2009, SEC.69; P.L.182-2009(ss), SEC.508.
Ind. Code § 8-23-28-3 — Indiana Code / Title 8 / Article 23 / Chapter 28 / Section 8-23-28-3
River Ridge Commerce Corridor established
Status: in_force

Sec. 3. (a) The River Ridge Commerce Corridor is established for the area adjacent to either of the following:

(1) The segment of State Road 62 between:

(A) the point where State Road 62 meets Interstate Highway 265; and

(B) the point where State Road 62 meets State Road 3.

(2) The rail line that is parallel to the segment of State Road 62 described in subdivision (1).

(b) The department may place signs designating State Road 62 as the River Ridge Commerce Corridor at appropriate locations within the corridor, as determined by the department.

As added by P.L.88-2011, SEC.1.
Ind. Code § 8-3-17-10 — Indiana Code / Title 8 / Article 3 / Chapter 17 / Section 8-3-17-10
Repealed
Status: repealed

Formerly: Acts 1927, c.18, s.10. Repealed by Acts 1975, P.L.80, SEC.7.
Ind. Code § 8-1-9-3 — Indiana Code / Title 8 / Article 1 / Chapter 9 / Section 8-1-9-3
Audits
Status: in_force

Sec. 3. The cost of relocation of a utility facility is a cost of highway construction and shall be paid by the state in the same manner other costs of construction of the highway are paid. All relevant books, records, and accounts of any public utility to which a payment for a relocation has been made by the state shall be audited by the Indiana department of transportation auditor and the utility, following the audit, shall refund any portion of the payment the state determines was not properly compensable.

Formerly: Acts 1961, c.112, s.3; Acts 1965, c.321, s.1. As amended by Acts 1980, P.L.74, SEC.34; P.L.18-1990, SEC.25.
Ind. Code § 8-2.1-22-12.5 — Indiana Code / Title 8 / Article 2.1 / Chapter 22 / Section 8-2.1-22-12.5
Issuance of certificate for transportation of household goods for compensation; considerations
Status: in_force

Sec. 12.5. (a) Except as provided in this chapter, a person may not operate a motor vehicle as an intrastate carrier upon an Indiana public highway to transport household goods or passengers for compensation until the person has obtained a certificate from the department.

(b) In order to apply for a certificate to operate as an intrastate carrier of household goods or passengers, a person must submit the following to the department:

(1) Completed application forms prescribed by the department.

(2) A certificate of existence from the secretary of state.

(3) Proof of insurance in a format prescribed by the department.

(4) The tariff amount that the carrier intends to charge pursuant to section 23 of this chapter.

(5) In the case of a contract carrier, the contracts under which the carrier will be operating pursuant to section 26 of this chapter.

(c) The department shall charge an application fee as required under section 40 of this chapter.

(d) In determining whether a certificate shall be granted, the department may, among other things, consider the following:

(1) Whether the applicant has any tax liabilities and has filed all appropriate tax returns with the department.

(2) Whether the applicant is up to date on all unified carrier registration payments.

(3) Whether the applicant has any current out of service orders issued by Federal Motor Carrier Safety Administration.

(4) Whether the applicant is properly insured.

(5) Whether the operations will threaten the safety of the public or be detrimental to the public welfare.

(e) Once the department approves an application, the department will issue a receipt of registration to the carrier in addition to issuing a certificate. The carrier must keep a copy of the receipt in each of its vehicles at all times.

As added by P.L.110-1995, SEC.12. Amended by P.L.205-2025, SEC.30.
Ind. Code § 8-14.5-6-8 — Indiana Code / Title 8 / Article 14.5 / Chapter 6 / Section 8-14.5-6-8
Public or negotiated sale
Status: in_force

Sec. 8. The bonds or notes may be sold by the authority at a public or a negotiated sale at a time or times determined by the authority and at a premium or discount as determined by the authority. In determining the amount of bonds or notes to be issued and sold, the authority may include the costs of construction or of refunding bonds or notes, including reasonable debt service reserves, and all other expenses necessary or incident to the construction of the project, a refunding, or the issuance of the bonds or notes.

As added by P.L.68-1988, SEC.12.
Ind. Code § 8-6-1-7 — Indiana Code / Title 8 / Article 6 / Chapter 1 / Section 8-6-1-7
Relocation or consolidation of crossings; hearing on establishment or extension of highway at grade over railroad; construction of new railroad
Status: in_force

Sec. 7. (a) Whenever the department finds it best to relocate or to consolidate highway crossings over railroads in this state, it has jurisdiction for that purpose, and may serve the board of county commissioners and the railroad companies with notice, and shall proceed to hear and determine said matters, and thereupon make such orders as, in the opinion of the department, are necessary to make the said relocation or consolidation effective. Such orders shall be binding upon the parties so served with the notice, and if not observed by them within the time prescribed in said orders, the department shall proceed as provided in section 4 of this chapter to enforce such orders.

(b) Whenever it shall be desired to establish or extend a highway at grade over any railroad in this state, it shall be necessary, before establishing or extending the highway, that the petitioners shall, by a procedure to be prescribed by the department, petition to obtain the authority of the department under IC 8-6-7.7-3.4. The grant or refusal of authority therefor by the department shall be final and conclusive except as provided in this chapter.

(c) Whenever it shall be desired by any railroad company to construct a new railroad at grade over any public highway or highways in this state, it shall be necessary for a company, by a procedure to be prescribed by the department, to petition to obtain the authority of the department under IC 8-6-7.7-3.4, but it shall not be necessary to obtain such authority when such new railroad has secured its rights of way or is under construction. The grant or refusal of such authority shall be final and conclusive, except as provided in this chapter. Nothing herein shall prevent the department from subsequently altering or rescinding any grant or refusal of authority to construct such highway or railway, if, in its discretion, such alteration should be made.

Formerly: Acts 1913, c.182, s.7. As amended by P.L.62-1984, SEC.97; P.L.384-1987(ss), SEC.61; P.L.81-1996, SEC.2.
Ind. Code § 8-14-12-4 — Indiana Code / Title 8 / Article 14 / Chapter 12 / Section 8-14-12-4
Amount of grants
Status: in_force

Sec. 4. Subject to the amount appropriated by the general assembly for historic bridge maintenance grants and not to exceed one hundred thousand dollars ($100,000) per state fiscal year, the annual grant amount for a county is one thousand two hundred fifty dollars ($1,250) for each historic bridge located on the county's road system.

As added by P.L.158-2001, SEC.1.
Ind. Code § 8-1-31.7-12 — Indiana Code / Title 8 / Article 1 / Chapter 31.7 / Section 8-1-31.7-12
Eligible utility's petition for adjustment rider; recovery of costs; hearing; order; costs for replacement of plant or equipment; recovery of chemical costs or power costs not subject to deferral
Status: in_force

Sec. 12. (a) If the commission approves an eligible utility's plan under section 9 of this chapter, or if commission approval of the plan is otherwise not required, the eligible utility may file a petition to establish or adjust an adjustment rider to its rate schedules under this section so as to allow timely recovery of the eligible utility's service enhancement improvement costs. The following shall apply:

(1) The adjustment rider shall be calculated as a fixed charge based upon equivalent meter size.

(2) Publication of notice of the filing is not required.

For purposes of this section, the timely recovery of costs for a municipally owned utility or a not-for-profit utility shall be in a manner consistent with IC 8-1-31-8(a)(3).

(b) Except as provided in subsection (i), the adjustment rider shall provide for the timely recovery of eighty percent (80%) of the service enhancement improvement costs. The remaining twenty percent (20%) of the service enhancement improvement costs shall be deferred under section 9(f)(2) of this chapter.

(c) The commission shall conduct a hearing.

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

(1) examine information of the eligible utility to confirm:

(A) that the eligible additions are in accordance with sections 2 and 8 of this chapter, as applicable; and

(B) the proper calculation of the adjustment amount proposed under this section or section 9.1 of this chapter, as applicable; and

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

(e) Except as provided in subsection (h), the commission shall hold the hearing and issue its order not later than sixty (60) days after the petition is filed.

(f) Except as provided in subsection (h), the commission shall enter an order approving a petition filed under this section to the extent the commission finds that the petition complies with the requirements of this chapter.

(g) A petition filed under this section may combine one (1) or more of the following:

(1) Service enhancement improvement costs associated with one (1) or more plans approved under section 9 of this chapter.

(2) Service enhancement improvement costs for which approval of a plan is not required under this chapter.

(h) If a petition filed under this section seeks recovery of service enhancement improvement costs associated with eligible additions made in association with service enhancement improvements described in section 7(2)(A) of this chapter:

(1) the commission shall create a sub-docket to consider the service enhancement improvement costs if the petition combines the service enhancement improvement costs with service enhancement improvement costs associated with approved plans under section 7(1)(A) or 7(1)(B) of this chapter;

(2) to approve recovery of the service enhancement improvement costs associated with service enhancement improvements described in section 7(2)(A) of this chapter, the commission must find that the service enhancement improvements described in section 7(2)(A) of this chapter are reasonable and necessary; and

(3) the time period for issuance of an order under subsection (e) is extended to one hundred twenty (120) days with respect to the service enhancement improvement costs associated with service enhancement improvements described in section 7(2)(A) of this chapter.

(i) An adjustment rider under this section for the recovery of costs described in section 7(2)(B) or 7(2)(C) of this chapter shall provide for the timely recovery of those costs in full and without the deferral otherwise required under subsection (b).

As added by P.L.137-2020, SEC.15. Amended by P.L.127-2026, SEC.8.
Ind. Code § 8-22-3-9 — Indiana Code / Title 8 / Article 22 / Chapter 3 / Section 8-22-3-9
Election of officers; meetings; record of proceedings; internal affairs
Status: in_force

Sec. 9. (a) Except as provided in section 4.3(g) of this chapter, the board shall elect, at its first regular meeting to be conducted on the first July 1 or January 1 after appointment of the board members, and annually thereafter, one (1) of its members president, and another of its members vice president, who performs the duties of the president during the absence of or disability of the president. The board shall keep a suitable office at the airport where its maps, plans, documents, records, and accounts shall be kept, subject to public inspection at all reasonable times.

(b) The board shall provide by rule for regular meetings to be held not less than at monthly intervals throughout the year.

(c) The board shall convene in a special meeting when one is called. The president or a majority of the members of the board may call a special meeting. The board shall establish by rule a procedure for calling special meetings.

(d) Regular or special meetings shall be held at the office of the board or at another public place in any county where the board owns or operates an airport. The board may adjourn any regular or special meeting to a specific day designated at the time of adjournment, and that meeting is a continuation of the meeting so adjourned. This subsection does not apply to an authority that was established under IC 19-6-3 (before its repeal on April 1, 1980).

(e) A majority of the members of the board constitutes a quorum for a meeting. The board may act officially by an affirmative vote of a majority of those present at the meeting at which the action is taken.

(f) The board shall keep a written record of its proceedings, which shall be available for public inspection in the office of the board. The board shall record the aye and nay tally of the vote for each ordinance or resolution.

(g) The board shall adopt a system of rules of procedure under which its meetings are to be held. The board may suspend the rules of procedure by unanimous vote of the members of the board who are present at the meeting. The board may not suspend the rules of procedure beyond the duration of the meeting at which the suspension of rules occurs.

(h) The board may supervise its internal affairs as do local legislative and administrative bodies.

[Pre-Local Government Recodification Citations: 19-6-2-10; 19-6-3-10; 19-6-3.5-11.]

As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.3-1990, SEC.39; P.L.107-1993, SEC.1; P.L.137-2000, SEC.2; P.L.230-2013, SEC.5.
Ind. Code § 8-5-1-3 — Indiana Code / Title 8 / Article 5 / Chapter 1 / Section 8-5-1-3
Crossings; maintenance
Status: in_force

Sec. 3. Whenever such railroad crossing is constructed in the manner provided for in the preceding section, it shall be the duty of each company respectively to maintain and keep in repair its own track, so as at all times to provide a ready, safe and convenient crossing for all locomotives, trains or cars passing on either road at such point.

Formerly: Acts 1901, c.207, s.3.
Ind. Code § 8-1-31-11.6 — Indiana Code / Title 8 / Article 1 / Chapter 31 / Section 8-1-31-11.6
Allowable recovery for not-for-profit utility; factors
Status: in_force

Sec. 11.6. In determining the amount of allowable recovery of infrastructure improvement costs for a not-for-profit utility, the commission may consider the following factors:

(1) Adequate money for making extensions and replacements of eligible infrastructure improvements.

(2) Debt service on funds borrowed to pay for eligible infrastructure improvements.

(3) Other expenses that the commission considers appropriate, including money for the payment of any taxes that may be assessed against the not-for-profit utility or its property.

As added by P.L.212-2015, SEC.12. Amended by P.L.61-2022, SEC.7; P.L.39-2023, SEC.4.
Ind. Code § 8-1-8.4-6 — Indiana Code / Title 8 / Article 1 / Chapter 8.4 / Section 8-1-8.4-6
Necessity for public convenience and necessity certification; considerations for issuing a certificate
Status: in_force

Sec. 6. (a) Except as provided in subsection (c), or unless an energy utility has elected to file for:

(1) a certificate of public convenience and necessity; or

(2) the recovery of costs;

under another statute, an energy utility that seeks to recover federally mandated costs under section 7(c) of this chapter must obtain from the commission a certificate that states that public convenience and necessity is served by the energy utility's compliance project.

(b) The commission shall issue a certificate of public convenience and necessity under section 7(b) of this chapter if the commission finds that the compliance project allows the energy utility to comply directly or indirectly with one (1) or more federally mandated requirements. In determining whether to grant a certificate under this section, the commission shall examine the following factors:

(1) The following, which must be set forth in the energy utility's application for the certificate sought, in accordance with section 7(a) of this chapter:

(A) A description of the federally mandated requirements, including any consent decrees related to the federally mandated requirements, that the energy utility will comply with through the compliance project.

(B) A description of the federally mandated costs associated with the compliance project, including costs that are allocated to the energy utility:

(i) in connection with regional transmission expansion planning and construction; or

(ii) under a Federal Energy Regulatory Commission approved tariff, rate schedule, or agreement.

(C) A description of how the compliance project allows the energy utility to comply with the federally mandated requirements described by the energy utility under clause (A).

(D) Alternative plans that demonstrate that the compliance project is reasonable and necessary.

(E) Information as to whether the compliance project will extend the useful life of an existing energy utility facility and, if so, the value of that extension.

(2) Any other factors the commission considers relevant.

(c) An energy utility is not required to obtain a certificate under this section for a project that constitutes a research and development project.

As added by P.L.150-2011, SEC.1. Amended by P.L.2-2023, SEC.4.
Ind. Code § 8-22-3.5-4 — Indiana Code / Title 8 / Article 22 / Chapter 3.5 / Section 8-22-3.5-4
Definitions
Status: in_force

Sec. 4. As used in this chapter, the following terms have the meanings set forth in IC 6-1.1-1:

(1) Assessment date.

(2) Assessed value or assessed valuation.

(3) Tangible property.

(4) Taxing district.

(5) Taxing unit.

As added by P.L.86-1991, SEC.1.
Ind. Code § 8-1-2.5-4 — Indiana Code / Title 8 / Article 1 / Chapter 2.5 / Section 8-1-2.5-4
Petition from energy utility requesting relief
Status: in_force

Sec. 4. Section 5 or 6, or both, of this chapter do not apply to an energy utility unless the energy utility voluntarily submits a verified petition to the commission stating the energy utility's election to become subject to such section or sections. A request for relief by an energy utility under section 5 of this chapter shall be limited to jurisdiction over the energy utility or its retail energy services, including rates, charges, or both. A request for relief by an energy utility under section 6 of this chapter shall be limited to approval of its energy services or the establishment of its rates and charges, or both.

As added by P.L.108-1995, SEC.3.
Ind. Code § 8-2-20-1 — Indiana Code / Title 8 / Article 2 / Chapter 20 / Section 8-2-20-1
Charging rate different from quoted rate
Status: repealed

Sec. 1. The various railroad corporations doing business within the state of Indiana shall not, at any time, increase or advance their rates of freight, or charge for the transportation thereof from one (1) point to another a sum greater than the rate of freight or charge for transportation asked or charged by said railroad corporations at the time such freight is offered or tendered to said railroad corporations for transportation, and all statutes in effect on March 16, 1867, conflicting with the provisions of this chapter are hereby repealed.

Formerly: Acts 1867, c.81, s.1. As amended by P.L.59-1984, SEC.117.
Ind. Code § 8-1.5-5-32 — Indiana Code / Title 8 / Article 1.5 / Chapter 5 / Section 8-1.5-5-32
Withdrawal from district by excluded municipality; notice; outstanding bonds; payments to municipality
Status: in_force

Sec. 32. (a) This section applies to excluded cities and towns in a county containing a consolidated city.

(b) A municipality to which this section applies may withdraw from the district established by the consolidated city if the municipal legislative body adopts an ordinance withdrawing the municipality from the district. The municipal legislative body shall, at least thirty (30) days before the final vote on the ordinance, mail written notice of the meeting to the following:

(1) All owners of lots and parcels within the municipality that are subject to storm water user fees imposed in the district by the department of public works of the consolidated city.

(2) The department of public works of the consolidated city.

(c) An ordinance described in subsection (b) takes effect sixty (60) days after adoption by the municipal legislative body.

(d) In addition to the notice required by subsection (b), if a municipal legislative body adopts an ordinance under subsection (b), the municipal legislative body shall mail written notice of the withdrawal from the district to the department of public works of the consolidated city not more than thirty (30) days after the ordinance becomes effective.

(e) If on the date of a municipality's withdrawal from the district there are bonds outstanding that have been issued by the board of public works of the consolidated city, the municipality is liable for and shall pay that indebtedness in the same ratio as the assessed valuation of the property in the municipality bears to the assessed valuation of all property included in the district on the date one (1) day before the date of withdrawal, as shown in the most recent assessment for taxation before the date of withdrawal.

(f) If a municipal legislative body adopts an ordinance under subsection (b), the municipality is entitled to receive the following:

(1) An annual lump sum payment equal to the total amount of property taxes paid and allocated to the district's flood debt service fund from all property taxpayers within the municipality, to the extent the property taxes are not necessary to pay the indebtedness owed by the municipality under subsection (e). A payment under this subdivision is required for property taxes assessed beginning on the January 1 preceding the effective date of the municipality's withdrawal from the district.

(2) The total amount of storm water user fees collected by the department of public works of the consolidated city from the lots and parcels in the municipality beginning on the January 1 preceding the effective date of the municipality's withdrawal from the district.

(g) Payments received under subsection (f):

(1) shall be deposited by the municipality in a dedicated fund; and

(2) may be used by the municipality only for purposes of storm water management in the municipality and may not be diverted, directly or indirectly, in any manner to any use other than the purposes of storm water management in the municipality.

As added by P.L.52-2006, SEC.1 and P.L.175-2006, SEC.1. Amended by P.L.154-2006, SEC.65.
Ind. Code § 8-15.7-5-1 — Indiana Code / Title 8 / Article 15.7 / Chapter 5 / Section 8-15.7-5-1
Public-private agreement by operator; provisions of agreement
Status: in_force

Sec. 1. (a) Before beginning:

(1) the development;

(2) the financing;

(3) the operation; or

(4) any combination of the development, financing, or operation;

of a qualifying project, the operator must enter into a public-private agreement with the department. Subject to the other provisions of this article, the department and a private entity may enter into a public-private agreement with respect to a project. Subject to the requirements of this article, a public-private agreement may provide that the private entity, acting on behalf of the department or the authority, is partially or entirely responsible for any combination of developing, financing, or operating the qualifying project.

(b) The public-private agreement may, as determined appropriate by the department for the particular qualifying project, provide for all or part of the following:

(1) Delivery of performance and payment bonds or other performance security determined suitable by the department, including letters of credit, United States bonds and notes, parent guaranties, and cash collateral, in connection with the development, financing, or operation of the qualifying project, in the forms and amounts set forth in the public-private agreement or otherwise determined as satisfactory by the department to protect the department and payment bond beneficiaries who have a direct contractual relationship with the operator or a subcontractor of the operator to supply labor or material. A payment or performance bond or alternative form of performance security required under a public-private agreement shall not be required for the part of a public-private agreement that includes only design, planning, or financing services, the performance of preliminary studies, or the acquisition of real property.

(2) Review of plans for any development or operation, or both, of the qualifying project by the department.

(3) Inspection of any construction of or improvements to the qualifying project by the department or another entity designated by the department or under the public-private agreement to ensure that the construction or improvements conform to the standards set forth in the public-private agreement or are otherwise acceptable to the department.

(4) Maintenance of:

(A) one (1) or more policies of public liability insurance (copies of which shall be filed with the department accompanied by proofs of coverage); or

(B) self-insurance;

each in the form and amount required by the public-private agreement or otherwise satisfactory to the department as reasonably sufficient to insure coverage of tort liability to the public and employees and to enable the continued operation of the qualifying project.

(5) If operations are included within the operator's obligations under the public-private agreement, monitoring of the maintenance practices of the operator by the department or another entity designated by the department or under the public-private agreement, and the taking of the actions that the department finds appropriate to ensure that the qualifying project is properly maintained.

(6) Reimbursement to be paid to the department as set forth in the public-private agreement for services provided by the department.

(7) Filing of appropriate financial statements and reports as set forth in the public-private agreement or as otherwise in a form acceptable to the department on a periodic basis.

(8) Compensation or payments to the operator, attorneys, bankers, financial advisors, or other professionals. Compensation or payments may include one (1) or more of the following:

(A) A development fee, payable on a lump sum basis, progress payment basis, time and materials basis, or any other basis considered appropriate by the department.

(B) An operations fee, payable on a lump sum basis, time and material basis, periodic basis, or any other basis considered appropriate by the department.

(C) All or part of the revenues, if any, arising out of operation of the qualifying project.

(D) A maximum rate of return on investment or return on equity or a combination of the two (2).

(E) In kind services, materials, property, equipment, or other items.

(F) Compensation in the event of any termination.

(G) A cash payment to pay part of the project cost.

(H) Other compensation set forth in the public-private agreement or otherwise considered appropriate by the department.

(9) Compensation or payments to the department, if any. Compensation or payments may include one (1) or more of the following:

(A) A concession payment, lease payment, or other fee, which may be payable in a lump sum, on a periodic basis, or on any other basis considered appropriate by the department.

(B) Sharing of revenues, if any, from the operation of the qualifying project.

(C) Payment for any services, materials, equipment, personnel, or other items provided by the department to the operator under the public-private agreement or in connection with the qualifying project.

(D) Other compensation set forth in the public-private agreement or otherwise considered appropriate by the department.

(10) The date and terms of termination of the operator's authority and duties under this article, and circumstances under which the operator's authority and duties may be terminated before that date.

(11) Reversion of the qualifying project to the department at the termination or expiration of the public-private agreement.

(12) Rights and remedies of the department if the operator defaults or otherwise fails to comply with the terms of the public-private agreement.

(c) A public-private agreement may not provide that the state or the department is responsible for any debt incurred by an operator in connection with the delivery of a project.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-4-32-1 — Indiana Code / Title 8 / Article 4 / Chapter 32 / Section 8-4-32-1
Scope of liability; evidence as to name of railroad
Status: in_force

Sec. 1. Any railroad corporation, lessee, assignee, receiver, and other person or corporation, running, controlling, or operating any railroad into or through this state, shall be liable, jointly or severally, for stock killed or injured by the locomotives, cars, or other carriages run on such road, in the name in which the road was run or operated at the time, to the extent and according to the provisions of this chapter; and the bills of lading usually issued at any railroad station in the county in which such stock was killed or injured shall be prima facie evidence as to the character or name in which said railroad was owned, held, controlled, or operated.

Formerly: Acts 1863, c.25, s.1; Acts 1877(ss), c.30, s.1. As amended by P.L.62-1984, SEC.85.
Ind. Code § 8-3-2-9 — Indiana Code / Title 8 / Article 3 / Chapter 2 / Section 8-3-2-9
Coal cars; duty to furnish
Status: in_force

Sec. 9. At the request of a carrier, coal mine operator, or other interested party, the Indiana department of transportation, after five (5) days notice to the interested carrier and the coal mine operators on the carrier's line and a full hearing, shall adopt rules for the distribution by the carrier of empty coal cars to the coal mines on the line of the carrier. The rules adopted by the department may not conflict with the provisions of section 5 of this chapter. The department shall prescribe the manner in which the cars shall be applied for, the manner in which the capacity and output of the mines shall be ascertained, and the manner in which empty cars shall be distributed and delivered. The department shall adopt other rules concerning the subject as are necessary to secure a fair and equitable distribution of cars without discrimination, so that each mine, in case of car shortage, shall be secured the maximum amount of working time to which it is entitled, after taking into consideration the capacity and output and the shipping orders of all the mines and the available equipment on the line for use in their operation. If conditions are the same, the department may adopt the same rules for all carriers having coal mines on their lines, or different rules for different lines, as the differing conditions may require. The rules shall go into effect upon the date fixed by the department and shall be observed by the carriers and all other persons until set aside or modified by the department. The department may, at any time, upon application by an interested party, modify or set aside the rules and adopt other rules as required. Any party interested in such rules may file a civil suit against the department in any court of competent jurisdiction to set aside or annul a rule adopted by the department.

Formerly: Acts 1907, c.231, s.9. As amended by P.L.62-1984, SEC.20; P.L.384-1987(ss), SEC.37; P.L.18-1990, SEC.45.
Ind. Code § 8-1-13-30 — Indiana Code / Title 8 / Article 1 / Chapter 13 / Section 8-1-13-30
Changes in schedules of rates, tolls, and charges; requests for increases; approval; factors considered; required procedures
Status: in_force

Sec. 30. (a) No change shall be made in any schedule, including schedules of joint rates, except upon thirty (30) days notice to the commission, and approval by the commission, and all changes shall be plainly indicated upon existing schedules or by filing new schedules in place of existing schedules thirty (30) days before the time the same are to take effect. The commission may prescribe a shorter time within which a change may be made. A corporation may not file a request for a general increase in its basic rates and charges within fifteen (15) months after the filing date of its most recent request for a general increase in its basic rates and charges, except that the commission may order a more timely increase if:

(1) the requested increase relates to a different type of utility service;

(2) the commission finds that the corporation's financial integrity or service reliability is threatened; or

(3) the increase is based on:

(A) a rate structure previously approved by the commission; or

(B) orders of federal courts or federal regulatory agencies having jurisdiction over the corporation.

The phrase "general increase in basic rates and charges" does not include changes in rates related solely to the cost of fuel or purchased electricity or adjustments in accordance with tracking provisions approved by the commission.

(b) No schedule of rates, tolls, and charges of a corporation which includes or authorizes any changes in charges based upon costs is effective without the approval of the commission. Before the commission approves any changes in the schedule of rates, tolls, and charges of a corporation that generates and sells electricity, based upon the cost of fuel to generate electricity or upon the cost of fuel included in the cost of purchased electricity, the utility consumer counselor shall examine the books and records of the public generating corporation to determine the cost of fuel upon which the proposed charges are based. In addition, before a fuel cost charge becomes effective, the commission shall hold a summary hearing on the sole issue of the fuel charge. The utility consumer counselor shall conduct a review and make a report to the commission within twenty (20) days after the corporation's request for the fuel cost charge is filed. The commission shall hold the summary hearing and issue its order within twenty (20) days after it receives the utility consumer counselor's report. The provisions of this chapter concerning the filing, printing, and changing of rate schedules and the time required for giving notice of hearing and requiring publication of notice do not apply to the fuel cost charge or the summary hearing.

(c) Regardless of the pendency of any request for a fuel cost charge by any corporation, the books and records pertaining to cost of fuel of all corporations that generate electricity shall be examined by the utility consumer counselor not less often than quarterly, and the books and records of all electric nongenerating corporations shall be examined by the utility consumer counselor not less often than annually. The utility consumer counselor shall provide the commission with a report as to the examination of the books and records within a reasonable time following the examination. The utility consumer counselor may, if appropriate, request of the commission a reduction or elimination of the fuel cost charge. Upon such request, the commission shall immediately hold a hearing in the manner provided in this chapter.

(d) An electric generating corporation may apply for a change in its fuel charge not more often than each three (3) months. When the application is filed the petitioning corporation shall show to the commission its cost of fuel to generate electricity and the cost of fuel included in the cost of purchased electricity, for the period between its last order from the commission approving fuel costs in its basic rates and the latest month for which actual fuel costs are available. The petitioning corporation shall also estimate its average fuel costs for the three (3) calendar months subsequent to the expiration of the twenty (20) day period allowed the commission in subsection (b). The commission shall conduct a formal hearing solely on the fuel cost charge requested in the petition subject to the notice requirements of IC 8-1-1-8 and shall grant the electric corporation the requested fuel cost charge if it finds that:

(1) the electric corporation has made every reasonable effort to acquire fuel and generate or purchase power or both so as to provide electricity to its customers at the lowest fuel cost reasonably possible;

(2) the actual increases in fuel cost through the latest month for which the actual fuel costs are available since the last order of the commission approving basic rates and charges of the electric corporation have not been offset by actual decreases in other operating expenses;

(3) the corporation's estimate of its prospective average fuel costs for each of the three (3) calendar months are reasonable after taking into consideration:

(A) the actual fuel costs experienced by the corporation during the latest three (3) calendar months for which actual fuel costs are available; and

(B) the estimated fuel costs for the same latest three (3) calendar months for which actual fuel costs are available.

(e) Should the commission at any time determine that an emergency exists that could result in an abnormal change in fuel costs, it may, in order to protect the public from the adverse effects of such change, suspend the provisions of subsection (d) as to the corporation affected by the emergency and initiate such procedures as may be necessary to protect both the public and the corporation from harm. The commission shall lift the suspension when it is satisfied the emergency no longer exists.

(f) Any change in the fuel cost charge granted by the commission under the provisions of this section shall be reflected in the rates charged by the corporation in the same manner as any other changes in rates granted by the commission in a case approving the basic rates and charges of the corporation. However, the corporation may file the change as a separate amendment to its rate schedules with a reasonable reference in the amendment that the charge is applicable to all of its filed rate schedules.

As added by P.L.121-1987, SEC.7.
Ind. Code § 8-23-20-9 — Indiana Code / Title 8 / Article 23 / Chapter 20 / Section 8-23-20-9
Removal of previously existing nonconforming signs
Status: in_force

Sec. 9. (a) A sign lawfully erected in an adjacent area that does not conform to this chapter after June 30, 1968, is not required to be removed until the end of the fifth year after the sign becomes nonconforming.

(b) A sign located beyond six hundred sixty (660) feet of the right-of-way, visible from the traveled way of a highway on the interstate or primary system, that was lawfully erected before July 1, 1976, and does not conform to this chapter is not required to be removed until the end of the fifth year after the sign becomes nonconforming.

As added by P.L.18-1990, SEC.229.
Ind. Code § 8-15-3-23 — Indiana Code / Title 8 / Article 15 / Chapter 3 / Section 8-15-3-23
Exercise of power; exemption from taxation or assessments
Status: in_force

Sec. 23. (a) The exercise of the powers granted by this chapter to the department or the authority must be in all respects for:

(1) the benefit of the people of Indiana;

(2) the increase of the commerce and prosperity of Indiana; and

(3) the improvement of the health and living conditions of the people of Indiana.

(b) Since the operation and maintenance of a tollway by the department or the authority constitutes the performance of essential governmental functions, neither the department nor the authority is required to pay any taxes or assessments upon a tollway or any property acquired or used by the department under this chapter or IC 8-15.7 or upon the income from a tollway.

(c) The operator under a public-private agreement is not required to pay taxes or assessments upon a tollway, any property or property interest acquired by the operator under a public-private agreement, or any possessory interest in the tollway or in property granted or created by the public-private agreement under this chapter or IC 8-15.7.

(d) An operator or any other person purchasing tangible personal property for incorporation into or improvement of a structure or facility constituting or becoming part of the land included in:

(1) a tollway; or

(2) property granted or created by the public-private agreement;

is entitled to the exemption from gross retail tax and use tax provided under IC 6-2.5-4-9(c) and IC 6-2.5-3-2(c), respectively, with respect to that tangible personal property.

As added by P.L.386-1987(ss), SEC.13. Amended by P.L.47-2006, SEC.31; P.L.181-2016, SEC.32.
Ind. Code § 8-14.5-4-3 — Indiana Code / Title 8 / Article 14.5 / Chapter 4 / Section 8-14.5-4-3
Permissive contract provisions
Status: in_force

Sec. 3. The contract may include the following:

(1) Provisions for payment by the authority to the department of all costs incurred by the department in the performance of the contracts, including all costs of construction, salaries, wages, and associated costs of department personnel attributable to performance of the contract.

(2) Other terms and conditions that the authority and the department consider appropriate.

As added by P.L.68-1988, SEC.12.
Ind. Code § 8-23-10-5 — Indiana Code / Title 8 / Article 23 / Chapter 10 / Section 8-23-10-5
Notice of action on application; reapplication
Status: in_force

Sec. 5. (a) All applicants for qualification shall be promptly notified by the department of its final action on their applications. An applicant aggrieved by the decision of the department may, within ten (10) days after receiving notification of the decision, request in writing a reconsideration of the application by the department, and may submit additional evidence bearing on qualifications. The department shall again consider the matter and may either adhere to or modify its previous decision. The department shall act upon any request for reconsideration within fifteen (15) days after the filing of the request and shall notify the applicant of the action taken.

(b) An applicant who has been refused qualification, or who is dissatisfied with the department's decision as to the aggregate amount of uncompleted work to be permitted under contract at any one time, or with any limitation as to the class or classes of work on which the bidder is authorized to bid, may at any time after the expiration of ninety (90) days from the date of the department's decision on the last application file a new application for qualification. The new application shall be promptly considered and acted upon by the department.

As added by P.L.18-1990, SEC.219.
Ind. Code § 8-4.5-6-6 — Indiana Code / Title 8 / Article 4.5 / Chapter 6 / Section 8-4.5-6-6
Erection of fence
Status: in_force

Sec. 6. At the request of a property owner, the responsible party (including a governmental entity), at the responsible party's expense, shall do the following:

(1) If the responsible party is not a governmental entity, either:

(A) post a bond in an amount sufficient to satisfy the responsible party's obligation to erect the fences requested under this section; or

(B) establish an escrow account with a financial institution or a person selected by mutual agreement with a property owner that contains sufficient money to erect the fences requested under this section.

The terms of the escrow agreement described in clause (B) must require that the money in the account be dedicated to the provision of the fences requested under this section with the surplus to be returned to the responsible party. The responsible party may post a single bond or establish a single escrow account to provide fences for more than one (1) property owner.

(2) Erect and maintain fencing between the recreational trail and the property owner's property. The fencing must be in accordance with current fencing standards of the Indiana department of transportation for urban or rural settings, as appropriate to the location of the recreational trail.

As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.18.
Ind. Code § 8-21-3-1 — Indiana Code / Title 8 / Article 21 / Chapter 3 / Section 8-21-3-1
Definitions
Status: in_force

Sec. 1. The following words and phrases when used in this chapter shall, for the purpose of this chapter, unless a different meaning appears from the context, have the following meanings:

(1) The singular shall include the plural; the masculine shall include the feminine and neuter, as requisite.

(2) "Aircraft" means any contrivance used or designed for navigation of or flight in the air.

(3) "Aircraft accident" means any mishap involving an aircraft resulting in injury or damage to such aircraft or to any person, property, or thing.

(4) "Department" refers to the Indiana department of transportation; and "state" or "this state" means the state of Indiana.

(5) "Insured" means the person in whose name there is issued an aircraft liability policy (as defined in section 12 of this chapter) and any other person insured under the terms of such policy.

(6) "Judgment" means any judgment, except a judgment rendered against this state or any political subdivision of this state or any municipality in this state, which shall have become final by expiration without appeal of the time within which appeal might have been perfected, or by final affirmation on appeal, rendered by a court of competent jurisdiction of any state or of the United States.

(7) "Operation of aircraft" or "operate aircraft" means the use of aircraft for the purpose of air navigation, and includes the navigation or piloting of aircraft. Any person who causes or authorizes the operation of aircraft, whether with or without the right of legal control (in the capacity of owner, lessee, aircraft sales broker, or otherwise) of the aircraft, including an aircraft otherwise considered inventory, if it is operated in flight, shall be deemed to be engaged in the operation of aircraft within the meaning of the statutes of this state.

(8) "Operator" means any person who is in actual physical control of an aircraft.

(9) "Owner" means any person in whose name the aircraft is certificated, licensed, or registered by appropriate federal or state authority.

(10) "Person" means any individual, firm, partnership, corporation, company, limited liability company, association, joint stock association, or body politic; and includes any trustee, receiver, assignee, or other similar representative of an entity described in this subdivision.

(11) "Policy" or "insurance policy" means an aircraft liability policy conforming to section 12 of this chapter.

(12) "Proof of financial responsibility" has the meaning set forth in section 8 of this chapter.

Formerly: Acts 1951, c.267, s.1; Acts 1953, c.85, s.1. As amended by Acts 1980, P.L.74, SEC.316; P.L.18-1990, SEC.156; P.L.8-1993, SEC.148; P.L.102-2015, SEC.3; P.L.136-2018, SEC.102; P.L.50-2024, SEC.1.
Ind. Code § 8-2-17-3 — Indiana Code / Title 8 / Article 2 / Chapter 17 / Section 8-2-17-3
Fee
Status: in_force

Sec. 3. The legislative body upon being satisfied that the notice required under section 2 of this chapter has been given, and that a ferry is needed at the place, and that the applicant is a suitable person, may grant to the applicant a license to keep and maintain the same for the term of five (5) years on the applicant's paying as a license fee a sum to be fixed by the legislative body, not less than ten dollars ($10) nor more than fifty dollars ($50) per year, payable annually in advance. The payment of such license fee shall not release such person from payment of any lawful charge for wharfage.

Formerly: Acts 1921, c.137, s.3; Acts 1959, c.235, s.3. As amended by Acts 1981, P.L.11, SEC.47; P.L.8-1989, SEC.44.
Ind. Code § 8-20-8-1 — Indiana Code / Title 8 / Article 20 / Chapter 8 / Section 8-20-8-1
Time limit; joint action; petition to relocate or permanently close road
Status: in_force

Sec. 1. The county executive may temporarily close or relocate a road or a portion of a road that is part of that county's road system for a period not exceeding five (5) years. If the road is located on a county line or if parts of the road are located in more than one (1) county, the road may only be closed under this section by the joint action of the executives of all the counties. The order to temporarily close or relocate may be extended in increments of not more than two (2) years. If a road has been closed or relocated for three (3) or more years under this section, a person who filed the petition under section 2 of this chapter to temporarily close or relocate a road may file a second petition in accordance with this chapter to permanently close or relocate that same road.

As added by Acts 1979, P.L.97, SEC.1. Amended by P.L.86-1988, SEC.220.
Ind. Code § 8-1-2-101.7 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-101.7
Connection of workforce housing to water or wastewater system; effect of connection on utility's overall cost of service; exemption from or reduction in capacity related fee or tap fee; special contract required; discretion by utility to avoid subsidization by other customers; exemption or reduction not considered discriminatory
Status: in_force

Sec. 101.7. (a) As used in this section, "authority" refers to the Indiana housing and community development authority created by IC 5-20-1-3.

(b) As used in this section, "capacity related fee" has the meaning set forth in section 101.6 of this chapter.

(c) As used in this section, "eligible customer" means a not-for-profit organization that is subject to IC 23-17 and is recognized as tax exempt under Section 501(c) of the Internal Revenue Code of 1986 and that:

(1) has entered into an agreement:

(A) with the authority; and

(B) under which the person will construct workforce housing in Indiana; and

(2) seeks to connect the workforce housing described in subdivision (1) to the water or wastewater system of a utility under the terms of a special contract with the utility under subsection (g) or (h).

(d) As used in this section, "tap fee" has the meaning set forth in section 101.6 of this chapter.

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

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

(2) municipally owned utility (as defined in section 1(h) of this chapter), including a sewer utility operated under IC 36-9-23 or IC 36-9-25;

(3) not-for-profit utility (as defined in section 125(a) of this chapter), including a utility company owned, operated, or held in trust by a consolidated city;

(4) cooperatively owned corporation;

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

(6) regional district established under IC 13-26;

that provides water service or wastewater service, or both, to the public, regardless of whether the entity described in subdivisions (1) through (6) is under the jurisdiction of the commission for the approval of rates and charges with respect to the water service or wastewater service that is provided.

(f) As used in this section, "workforce housing" means a single family dwelling or duplex that is:

(1) constructed for a household with an income, adjusted by family size, that is less than the area median income, as published by the United States Department of Housing and Urban Development;

(2) offered for sale or lease to a household described in subdivision (1) for a monthly amount that represents not more than thirty percent (30%) of the household's monthly income; and

(3) located in reasonable proximity to employment.

The term does not include an apartment building, a multi-family development other than a duplex, or any other building that is not described in subdivision (1) or (2).

(g) Subject to subsection (i) and notwithstanding any law or rule governing the extension of service or the imposition of capacity related fees or tap fees, a utility may not charge or collect a capacity related fee or a tap fee to an eligible customer for connecting workforce housing to the utility's water or wastewater system:

(1) to the extent that the extension of service to the workforce housing to be connected will result in a positive contribution to the utility's overall cost of service over a twenty (20) year period; and

(2) if the terms and conditions of the connection are set forth in a special contract executed by the eligible customer and the utility.

(h) Subject to subsection (i) and notwithstanding any law or rule governing the extension of service or the imposition of capacity related fees or tap fees, if a utility determines that the extension of service to workforce housing at the request of an eligible entity will not result in a positive contribution to the utility's overall cost of service over a twenty (20) year period, the utility may charge and collect from the eligible customer, under terms and conditions agreed to under a special contract between the utility and the eligible customer, a capacity related fee or a tap fee that does not exceed the difference between:

(1) the capacity related fee or tap fee that would otherwise apply in connecting the workforce housing to the utility's water or wastewater system; minus

(2) the contribution to the utility's overall cost of service over a twenty (20) year period that will result from the extension of service to the workforce housing.

(i) A utility may apply discretion with respect to the number of special contracts that it enters into with eligible customers under subsection (g) or (h) at any given time, so as to ensure that any costs associated with such special contracts are not unreasonably subsidized by other customers of the utility.

(j) The:

(1) exemption from a capacity related fee or a tap fee under subsection (g); or

(2) reduction in a capacity related fee or a tap fee under subsection (h);

is not discriminatory for purposes of this chapter or any other law regulating rates and charges for service.

As added by P.L.127-2026, SEC.2.
Ind. Code § 8-4.5-3-6 — Indiana Code / Title 8 / Article 4.5 / Chapter 3 / Section 8-4.5-3-6
Reports
Status: in_force

Sec. 6. The departments annually shall assemble a written report containing the following information:

(1) A description of the rights-of-way that have been abandoned during the previous year. This description is not required to include the legal description of any of the rights-of-way.

(2) Any property that has been purchased under the program.

(3) Sources of funds for the program.

(4) Other information that the departments consider relevant.

As added by P.L.40-1995, SEC.3. Amended by P.L.133-2012, SEC.60.
Ind. Code § 8-9-9-2 — Indiana Code / Title 8 / Article 9 / Chapter 9 / Section 8-9-9-2
Violation; forfeiture
Status: in_force

Sec. 2. Any person, firm, or corporation, or lessee or receiver of any person, firm, or corporation owning or operating any line or lines of steam railroad in this state who shall violate any of the provisions of this chapter shall forfeit and pay to the state of Indiana the sum of five hundred dollars ($500) for each and every offense, and each and every day that the violation of any of the provisions of this chapter shall continue shall be deemed to constitute a separate and distinct offense.

Formerly: Acts 1913, c.130, s.2. As amended by P.L.62-1984, SEC.137.
Ind. Code § 8-2.1-22-16 — Indiana Code / Title 8 / Article 2.1 / Chapter 22 / Section 8-2.1-22-16
Repealed
Status: repealed

As added by P.L.99-1989, SEC.13. Amended by P.L.110-1995, SEC.13. Repealed by P.L.205-2025, SEC.34.
Ind. Code § 8-1-13-5 — Indiana Code / Title 8 / Article 1 / Chapter 13 / Section 8-1-13-5
Articles of incorporation; action by commission
Status: in_force

Sec. 5. (a) The natural persons executing the articles of incorporation shall be residents of the territory in which the operations of the corporation are to be conducted who are desirous of using electric energy to be furnished by the corporation. The articles of incorporation shall be executed in as many copies as there are counties, any part or parts of which are included in the territory in which the operations of the corporation are to be conducted and shall be acknowledged by the subscribers before an officer authorized by the laws of this state to take acknowledgments of deeds. When so acknowledged the articles of incorporation shall be submitted to the commission together with a petition executed by one (1) or more of the natural persons executing the said articles of incorporation praying the commission to grant a certificate of public convenience and necessity for the organization and operations of the proposed corporation. Upon the filing of such articles and petition with the commission, said commission shall set the said petition for public hearing and shall give notice of the time and place of such hearing by publication one (1) time in at least one (1) newspaper printed and published in each of the counties in which the said corporation proposes to carry on its operations, which publication shall be had at least ten (10) days prior to the date set for such hearing, the cost of such publications to be paid by the petitioners at the time of filing said petition. Any interested person may appear at such hearing either in person or by attorney and oppose the prayer of said petition. The commission, after hearing the evidence introduced at said hearing, shall enter a finding either that the convenience and necessity of the public proposed to be served in the territory in which the operations of the corporation are to be conducted will or will not be served by the organizations and operations of the proposed corporation. If such finding be in the affirmative, the commission shall enter an order approving the organization of such corporation and the proposed articles of incorporation and shall attach a copy of said order to each copy of the said articles of incorporation. If the said finding be in the negative, the commission shall enter an order denying the approval of the said articles of incorporation.

(b) If the commission approves the articles of incorporation under subsection (a), the same shall be filed together with the attached copy of the order of the commission in the office of the secretary of state. The secretary of state shall forthwith endorse the secretary of state's approval on the articles of incorporation and file one (1) of said copies in the secretary of state's office and deliver all other copies endorsed with the secretary of state's approval to the incorporators, who shall thereupon file one (1) of the said approved copies of said articles in the office of the county recorder in each county in which a portion of the territory proposed to be served by the corporation is located. As soon as this section has been complied with, the proposed corporation described in the articles so filed, under its designated name, shall be and constitute a body corporate.

Formerly: Acts 1935, c.175, s.5. As amended by P.L.23-1988, SEC.47; P.L.136-2018, SEC.67.
Ind. Code § 8-1-40-4 — Indiana Code / Title 8 / Article 1 / Chapter 40 / Section 8-1-40-4
"Electricity supplier"
Status: in_force

Sec. 4. (a) As used in this chapter, "electricity supplier" means a public utility (as defined in IC 8-1-2-1) that furnishes retail electric service to customers in Indiana.

(b) The term does not include a utility that is:

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

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

(3) a 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.

As added by P.L.264-2017, SEC.6.
Ind. Code § 8-1-46.1-22 — Indiana Code / Title 8 / Article 1 / Chapter 46.1 / Section 8-1-46.1-22
Regulated entity requirements
Status: in_force

Sec. 22. (a) A regulated entity shall do the following:

(1) Install, operate, and maintain grease control equipment designed to prevent fats, oils, and grease from entering the wastewater system or a nonresidential onsite sewage system.

(2) Ensure that grease control equipment is properly sized and maintained in compliance with section 13 of this chapter.

(3) Maintain records that include the:

(A) date of each haul;

(B) volume of FOG removed; and

(C) grease hauler's name.

(b) A regulated entity shall maintain all records under this section for two (2) years.

As added by P.L.95-2026, SEC.1.
Ind. Code § 8-2.1-19.1-14 — Indiana Code / Title 8 / Article 2.1 / Chapter 19.1 / Section 8-2.1-19.1-14
Privacy policy
Status: in_force

Sec. 14. (a) A TNC shall establish a privacy policy to protect the personal identifying information of a TNC rider.

(b) A policy established under subsection (a) shall prohibit the disclosure of a TNC rider's personal identifying information unless:

(1) the TNC rider consents in writing to the disclosure;

(2) the disclosure is required under law; or

(3) the disclosure is necessary to:

(A) protect or defend; or

(B) investigate violations of;

the terms of use of prearranged rides.

(c) A policy established under subsection (a) may authorize the disclosure of a TNC rider's name and telephone number by a TNC to a TNC driver to facilitate the provision of prearranged rides by the TNC driver to the TNC rider.

As added by P.L.175-2015, SEC.10.
Ind. Code § 8-2.1-27-2 — Indiana Code / Title 8 / Article 2.1 / Chapter 27 / Section 8-2.1-27-2
"Health inspector"
Status: in_force

Sec. 2. As used in this chapter, "health inspector" refers to an agent or employee of the Indiana department of health or a local health department.

As added by P.L.108-2012, SEC.1. Amended by P.L.56-2023, SEC.56.
Ind. Code § 8-15.7-6-4 — Indiana Code / Title 8 / Article 15.7 / Chapter 6 / Section 8-15.7-6-4
Agreements for maintenance and other services
Status: in_force

Sec. 4. An operator may enter into agreements for maintenance or other services under this article with the department and other local or state agencies. The department may:

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

(2) provide other services for which the department may be reimbursed, including, but not limited to, preliminary planning, environmental certification (including the procurement of all necessary environmental permits), right-of-way acquisition, utility relocations and adjustments, and preliminary design of projects under this article.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-1-31-3 — Indiana Code / Title 8 / Article 1 / Chapter 31 / Section 8-1-31-3
Repealed
Status: repealed

As added by P.L.94-2000, SEC.1. Repealed by P.L.209-2014, SEC.4.
Ind. Code § 8-25-8-5 — Indiana Code / Title 8 / Article 25 / Chapter 8 / Section 8-25-8-5
Governance of foundation
Status: in_force

Sec. 5. The foundation established under section 3 of this chapter is governed by a board of directors consisting of at least seven (7) voting members appointed by the board.

As added by P.L.153-2014, SEC.17.
Ind. Code § 8-1.5-2-15 — Indiana Code / Title 8 / Article 1.5 / Chapter 2 / Section 8-1.5-2-15
Condemnation; authorization
Status: in_force

Sec. 15. (a) This section applies to the following:

(1) A municipality that, as of July 1, 2012, had established and operated a water utility.

(2) An action brought under:

(A) IC 8-1-2-92;

(B) IC 8-1-2-93; or

(C) this chapter;

before March 1, 2013.

(b) If the municipality and the owners of a public utility are unable to agree upon a price to be paid for the property of the public utility, the municipality may:

(1) by ordinance declare that a public necessity exists for the condemnation of the utility property; and

(2) bring an action in the circuit or superior court of the county where the municipality is located against the utility for the condemnation of the property.

(c) An ordinance adopted under subsection (b) is final.

(d) For the purpose of acquiring the property of a public utility, the municipality:

(1) may exercise the power of eminent domain in accordance with IC 32-24; and

(2) is required only to establish the necessity of taking as this chapter requires.

(e) The provisions of this section do not apply to the acquisition of electric utility property or the assignment of service areas covered by IC 8-1-2.3 and IC 8-1-2-95.1.

As added by Acts 1982, P.L.74, SEC.1. Amended by P.L.2-2002, SEC.38; P.L.270-2013, SEC.5.
Ind. Code § 8-22-3.7-2 — Indiana Code / Title 8 / Article 22 / Chapter 3.7 / Section 8-22-3.7-2
"Bonds"
Status: in_force

Sec. 2. As used in this chapter, "bonds" means bonds, notes, or other evidences of indebtedness issued by the development authority.

As added by P.L.108-1993, SEC.11.
Ind. Code § 8-18-21-10 — Indiana Code / Title 8 / Article 18 / Chapter 21 / Section 8-18-21-10
Loans; resolutions; notice
Status: in_force

Sec. 10. (a) In lieu of authorizing and selling bonds under this chapter, the board of directors of a toll road authority may adopt a resolution authorizing the negotiation of a loan or loans for the purpose of obtaining the required money.

(b) The resolution authorizing the loan must set out:

(1) the total amount of the loan desired;

(2) the approximate dates on which money will be required, and the amounts of the money that will be required on those dates; and

(3) any terms, conditions, and restrictions concerning the proposed loan or the submission of proposals that the board considers advisable.

(c) Before the consideration of proposals for such a loan, a notice shall be published in accordance with IC 5-3-1. The notice must set out:

(1) the amount and purpose of the proposed loan;

(2) a brief summary of other provisions of the resolution; and

(3) the time and place where proposals will be considered.

(d) The board of directors may accept the proposal it considers most advantageous to the authority.

As added by P.L.386-1987(ss), SEC.21.
Ind. Code § 8-15-2-11 — Indiana Code / Title 8 / Article 15 / Chapter 2 / Section 8-15-2-11
Journal of authority
Status: in_force

Sec. 11. All final actions of the authority shall be journalized, and the journal shall be open to the inspection of the public at all reasonable times.

Formerly: Acts 1951, c.281, s.11. As amended by P.L.109-1983, SEC.15.
Ind. Code § 8-4-1-16 — Indiana Code / Title 8 / Article 4 / Chapter 1 / Section 8-4-1-16
Eminent domain; damages; appraisals; appeals
Status: in_force

Sec. 16. (a) A railroad is authorized to enter upon any land for the purpose of examining and surveying its railroad line. A rail carrier may appropriate as much land as is deemed necessary for its railroad, including necessary side-tracks and water stations, materials for constructing, except timber, a right-of-way over adjacent lands sufficient to enable the company to construct and repair its road, and a right to conduct water by aqueducts, and the right of making proper drains.

(b) The rail carrier shall deposit with the clerk of the circuit court of the county where the land lies, a description of the rights and interests intended to be appropriated. The land, rights, and interests shall belong to the rail carrier, to use for the purpose specified, by making or tendering payment as provided in this section.

(c) The rail carrier may, by its directors, purchase lands, materials, rights-of-way, or interests of the owner of the land, or, in case the land is owned by a mentally incompetent person or a person under eighteen (18) years of age, at a price to be agreed upon by the guardian or parent of the mentally incompetent person or person under eighteen (18) years of age, if the land, material, right-of-way, or interest is appraised by the court in which the description is filed. Upon agreement and approval, the owner, guardian, or parent, as the case may be, shall convey the premises purchased, in fee simple or otherwise, as the parties may agree, to the rail carrier. The deed, when made, shall be valid in law.

(d) If the rail carrier does not agree with the owner of the land, or with the owner's guardian, if the owner is incapable of contracting, concerning the damages sustained by the appropriation, the rail carrier shall deliver to the owner or guardian, if within the county, a copy of the instrument of appropriation. If the owner or the owner's guardian, in case the owner is incapable of contracting, is unknown or does not reside within the county, the rail carrier shall publish, in a newspaper of general circulation in the county, for three (3) weeks, an advertisement, concerning the substance of the instrument of appropriation.

(e) Upon filing an act of appropriation and delivery of a copy, or making the publication, the circuit court in the county where the land lies, upon the application of either party, shall appoint, by warrant:

(1) one (1) disinterested freeholder of the county; and

(2) two (2) disinterested appraisers licensed under IC 25-34.1;

who are residents of Indiana to appraise the damages which the owner of the land may sustain by the appropriation. One (1) of the appraisers appointed under subdivision (2) must reside not more than fifty (50) miles from the land. The appraisers shall be duly sworn. They shall consider the injury that the owner may sustain by reason of the rail carrier. The appraisers shall return their assessment of damages to the clerk of the court, setting forth the value of the property taken or injury to the property which they assess to the owner, or owners separately, to be filed and recorded by the clerk. The rail carrier shall pay to the clerk the amount thus assessed, or tender the amount to the party in whose favor the damages are awarded or assessed.

(f) On making payment or tender in the manner required, it is lawful for the rail carrier to hold the interests in the lands or materials appropriated, and to use the materials on the roadway and within fifty (50) feet on each side of the center of the roadway. The cost of the award shall be paid by the rail carrier. On notice by any interested party, the court may order payment and enforce the payment by execution.

(g) The award of the arbitrators may be reviewed by the court in which proceedings may be had, on written exceptions filed by either party in the clerk's office within twenty (20) days after the filing of the award. Notice of filing of the arbitrators' award shall be given by the clerk of the court to all known parties to the action and their attorneys of record by certified mail. The period of exceptions shall run from and after the date of mailing. The court shall make an order as right and justice may require by ordering a new appraisement on good cause shown.

(h) Notwithstanding an appeal, the rail carrier may take possession of the property described in the exceptions, and the subsequent proceedings on the appeal only affect the amount of compensation to be allowed. If, prior to the assessment, the rail carrier shall tender to the owner (or the owner's guardian, if the owner is unable to contract) an amount equal to the award that was made, exclusive of costs, the costs of arbitration shall be paid equally by the rail carrier and the owner or guardian.

Formerly: Acts 1852, 1RS, c.83, s.15; Acts 1973, P.L.22, SEC.4; Acts 1973, P.L.23, SEC.3. As amended by P.L.33-1989, SEC.7; P.L.113-2006, SEC.3; P.L.146-2017, SEC.7.
Ind. Code § 8-23-9-9 — Indiana Code / Title 8 / Article 23 / Chapter 9 / Section 8-23-9-9
Bid guarantee and performance bond amounts
Status: in_force

Sec. 9. The bid guarantee must be in the penal sum of an amount equal to five percent (5%) of the bid price. The performance bond must be in a penal sum set by the commissioner, but may not be less than an amount equal to the bidder's proposal or the contract price, where the bidder's proposal is accepted, with good and sufficient sureties, to the approval of the commissioner, conditioned upon the faithful performance of the work, in accordance with the profile, plans, and specifications set forth in the proposal, and conditioned also upon the payment by the contractor and by all subcontractors for all labor performed or materials furnished or other services rendered in the construction of the highway.

As added by P.L.18-1990, SEC.218.
Ind. Code § 8-1-32.6-8 — Indiana Code / Title 8 / Article 1 / Chapter 32.6 / Section 8-1-32.6-8
Exclusive service arrangements; relief from provider of last resort obligations; voluntary provision of services
Status: in_force

Sec. 8. (a) The commission may not require a communications service provider, including a provider of last resort, to provide any communications service to the occupants of multitenant real estate if the owner, operator, or developer of the multitenant real estate does any of the following to the benefit of another communications service provider:

(1) Permits only one (1) communications service provider to install the provider's facilities or equipment during the construction or development phase of the multitenant real estate.

(2) Accepts or agrees to accept incentives or rewards that:

(A) are offered by a communications service provider to the owner, operator, developer, or occupants of the multitenant real estate; and

(B) are contingent upon the provision of communications service by that provider to the occupants of the multitenant real estate, to the exclusion of any services provided by other communications service providers.

(3) Collects from the occupants of the multitenant real estate any charges for the provision of communications service to the occupants, including charges collected through rent, fees, or dues.

(4) Enters into an agreement with a communications service provider that is prohibited by section 7 of this chapter.

(b) This subsection applies to a communications service provider that is relieved under subsection (a) of an obligation to provide communications service to the occupants of multitenant real estate. This section does not prohibit the communications service provider from voluntarily offering service to the occupants of the multitenant real estate. However, the commission shall not exercise jurisdiction over the terms, conditions, rates, or availability of any communications service voluntarily offered by a communications service provider under this subsection.

As added by P.L.27-2006, SEC.56. Amended by P.L.8-2012, SEC.10.
Ind. Code § 8-14-8-12 — Indiana Code / Title 8 / Article 14 / Chapter 8 / Section 8-14-8-12
Use of funds for matching federal or local money
Status: in_force

Sec. 12. Funds in the distressed road fund may be appropriated to the Indiana department of transportation to maintain a working balance in accounts established primarily to facilitate the matching of federal and local money for highway projects.

As added by P.L.113-1983, SEC.3. Amended by P.L.18-1990, SEC.121.
Ind. Code § 8-1-2.2-9 — Indiana Code / Title 8 / Article 1 / Chapter 2.2 / Section 8-1-2.2-9
General powers of joint agencies
Status: in_force

Sec. 9. (a) Each joint agency shall have all of the rights and powers necessary or convenient to carry out the purposes and provisions of this chapter, including but not limited to the following:

(1) To adopt bylaws for the regulation of the affairs and the conduct of its business, and to prescribe rules, regulations, and policies in connection with the performance of its functions and duties.

(2) To adopt an official seal and alter the same at pleasure.

(3) To maintain an office at such place or places as it may determine.

(4) To sue and be sued in its own name and to plead and be impleaded.

(5) To receive, administer, and comply with the conditions and requirements respecting any gift, grant, or donation of any property or money.

(6) To acquire by purchase, lease, gift, or otherwise, or to obtain options for the acquisition of, any property, real or personal, improved or unimproved, including an interest in land less than the fee thereof.

(7) To sell, lease, exchange, transfer, or otherwise dispose of, or to grant options for any such purposes with respect to, any real or personal property or interest in any real or personal property.

(8) To pledge or assign any money, rents, charges, or other revenues and proceeds derived by the joint agency from the sales of bonds or property and insurance or condemnation proceeds and any contracts or other rights of the joint agency.

(9) To issue bonds of the joint agency for the purpose of paying all or any part of the costs of any of the projects or purposes authorized by this chapter.

(10) To study, plan, finance, construct, reconstruct, acquire, improve, enlarge, better, own, operate, and maintain individually or jointly with one (1) or more other joint agencies, municipalities or public utilities one (1) or more projects and to pay all or any part of the costs of the projects from the proceeds of bonds of the joint agency or from any other funds available to the joint agency.

(11) To generate, produce, transmit, deliver, exchange, purchase, or sell for resale only, electric power or energy or steam, and transmission and related services and to enter into contracts for any or all such purposes.

(12) To fix, charge and collect rents, rates, fees and charges for electric power or energy and other services, facilities, and commodities sold, furnished or supplied by it.

(13) To negotiate and enter into contracts with each of its member municipalities whereby each municipality may purchase power and energy and related services from the joint agency derived from any project or projects or without designation as to source and pursuant to which contracts each municipality shall agree to make payments from the revenues of its electric system adequate:

(A) to pay when due (whether at maturity, upon acceleration, or by sinking fund requirements) the principal, premium, if any, and interest on all bonds issued by the joint agency to finance any service provided to such member municipality, and to establish reserves for the payment of the principal, premium, if any, and interest on all bonds issued by the joint agency to finance any service provided to the municipality; and

(B) to pay the necessary expenses of the joint agency (including, without limitation, all amounts required to be collected pursuant to the trust agreement or resolution providing for the issuance of bonds) and to establish reserves for the payment of the necessary expenses of the joint agency.

(14) To make and execute contracts and other instruments necessary or convenient for the operation, maintenance, and management of a regional transmission system, including transmission facilities owned by a municipality or a joint agency. Such a contract may not be for a term that is more than fifty (50) years. Such a contract may not make the state, a political subdivision, or a municipality a shareholder in a public utility. Such a contract may delegate responsibilities if the delegation and action taken are consistent with prudent utility practice.

(15) To make and execute contracts and other instruments necessary or convenient in the exercise of the powers and functions of the joint agency under this chapter, including contracts with persons, firms, corporations, limited liability companies, and others.

(16) To employ engineers, attorneys, financial advisors, and such other consultants, agents, and employees as may be required in the judgment of the joint agency and to fix and pay their compensation from funds available to the joint agency for those purposes.

(17) To do all acts and things necessary, convenient, or desirable to carry out the purposes of, and to exercise the powers granted to, the joint agency under this chapter.

(b) No joint agency may finance a project or projects, in whole or in part, without first obtaining the approval of the commission as provided in section 19 of this chapter.

(c) No joint agency may construct any transmission line without first obtaining the approval of the commission as provided in section 19 of this chapter.

(d) A determination by the joint agency approved by the commission shall be conclusive unless a party to the proceeding aggrieved by the determination of the commission shall file notice of appeal pursuant to IC 8-1-3.

As added by Acts 1980, P.L.68, SEC.1. Amended by P.L.82-1988, SEC.4; P.L.8-1993, SEC.116; P.L.81-1997, SEC.4; P.L.136-2018, SEC.57.
Ind. Code § 8-4-13-3 — Indiana Code / Title 8 / Article 4 / Chapter 13 / Section 8-4-13-3
Filing certificate; entry by secretary of state
Status: in_force

Sec. 3. Upon the filing of any such certificate together with an affidavit of one (1) of the principal officers of said corporation containing a statement that said corporation has lawfully disposed of all of its property and that all debts, obligations and liabilities of the corporation have been paid, or discharged, or that adequate provision has been made therefor, including all taxes accrued up to the date of such filing, the corporation shall be dissolved, and the secretary of state shall make an appropriate entry or record accordingly.

Formerly: Acts 1933, c.107, s.3; Acts 1945, c.121, s.1.
Ind. Code § 8-15.7-2-14 — Indiana Code / Title 8 / Article 15.7 / Chapter 2 / Section 8-15.7-2-14
"Project"
Status: in_force

Sec. 14. (a) Subject to IC 8-15.7-1-5, "project" means all or part of the following:

(1) A limited access facility (as defined in IC 8-23-1.1-27).

(2) A tollway.

(3) Roads and bridges.

(4) Passenger and freight railroad systems, including:

(A) the costs of environmental impact studies;

(B) property, equipment, and appurtenances necessary to operate a railroad, including lines, routes, roads, rights-of-way, easements, licenses, permits, track upgrades, rail grade crossings, locomotives, passenger cars, freight cars, and other railroad cars of any type or class; and

(C) other costs that the department determines are necessary to develop a passenger or freight railroad system in Indiana.

(5) All or part of a bridge, tunnel, overpass, underpass, interchange, structure, ramp, access road, service road, entrance plaza, approach, tollhouse, utility corridor, toll gantry, rest stop, service area, or administration, storage, or other building or facility, including temporary facilities and buildings or facilities and structures that will not be tolled, that the department determines is appurtenant, necessary, or desirable for the development, financing, or operation of the facilities described in subdivisions (1) through (4).

(6) An improvement, betterment, enlargement, extension, or reconstruction of all or part of any of the facilities described in this section, including a nontolled part, that is separately designated by name or number.

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

As added by P.L.47-2006, SEC.40. Amended by P.L.203-2007, SEC.6; P.L.145-2026, SEC.34.
Ind. Code § 8-2-18-4 — Indiana Code / Title 8 / Article 2 / Chapter 18 / Section 8-2-18-4
Submission of information
Status: in_force

Sec. 4. The Indiana department of transportation may require from a person, firm, limited liability company, or corporation any information necessary to the determination of whether the department shall give its approval to a claim under this chapter. If a request for information is refused by the injured person, the department may decline the claim, and the claim shall not be sued upon thereafter. If the information is refused, a request for information evaded, or the search for information by the department be made difficult by the carrier, the department shall endorse the fact on the claim and the endorsement shall support any action as if approved by the department.

Formerly: Acts 1911, c.184, s.4. As amended by P.L.384-1987(ss), SEC.10; P.L.18-1990, SEC.31; P.L.8-1993, SEC.134.
Ind. Code § 8-1.5-4-8 — Indiana Code / Title 8 / Article 1.5 / Chapter 4 / Section 8-1.5-4-8
Revenues set aside for payment of bonds
Status: in_force

Sec. 8. (a) The fixed proportion set aside for the payment of the principal and interest of the authorized bonds shall, from month to month, as accrued and received, be set apart and paid into a special account identified as "the bond and interest redemption account".

(b) In fixing and determining the amount that is to be set aside for the payment of the principal and interest of the authorized bonds, the board may provide that the amount to be set aside and paid into the bond and interest redemption account for any year or years should not exceed a fixed sum, which must be at least sufficient to provide for the payment of the interest and principal of the bonds maturing and becoming payable in each year, together with a surplus or margin of ten percent (10%) in excess.

(c) If a surplus created in the bond and interest redemption account exceeds the interest and principal of any bonds becoming payable during the current calendar, operating, or fiscal year and during the next calendar, operating, and fiscal year, the board may transfer any excess over the surplus to either the operation and maintenance account, or the depreciation account, as the board may designate.

As added by Acts 1982, P.L.74, SEC.1.
Ind. Code § 8-15.7-3-1 — Indiana Code / Title 8 / Article 15.7 / Chapter 3 / Section 8-15.7-3-1
Power to enter into public-private agreement
Status: in_force

Sec. 1. Subject to IC 8-15.7-1-5, the department may exercise the powers granted by this article to carry out:

(1) the development;

(2) the financing;

(3) the operation; or

(4) any combination of the development, financing, and operation;

of all or part of one (1) or more projects through public-private agreements with one (1) or more private entities. The parties to a public-private agreement that relates to a tollway or a project that otherwise charges user fees may exercise any of the powers granted to the party under IC 8-15-3. The department may use the revenues arising out of one (1) project or public-private agreement for all or part of the development, financing, and operation of any part of one (1) or more other projects through public-private agreements with one (1) or more private entities or as otherwise considered appropriate by the department.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-20-1-49 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-49
Repealed
Status: repealed

Formerly: Acts 1905, c.167, s.59. As amended by P.L.66-1984, SEC.124; P.L.86-1988, SEC.200. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-1-34-8 — Indiana Code / Title 8 / Article 1 / Chapter 34 / Section 8-1-34-8
"Local franchise"
Status: in_force

Sec. 8. As used in this chapter, "local franchise" means an initial authorization, or a renewal of an authorization, that:

(1) is issued by a unit before July 1, 2006; and

(2) authorizes the construction or operation of a video service system in a designated service area in the unit.

As added by P.L.27-2006, SEC.58.
Ind. Code § 8-1-32.6-9 — Indiana Code / Title 8 / Article 1 / Chapter 32.6 / Section 8-1-32.6-9
Owners, operators, and developers of multitenant real estate; prohibited acts; reasonable conditions on access; right of action
Status: in_force

Sec. 9. (a) Except as provided in subsection (b), the owner, operator, or developer of multitenant real estate located in a service area in which one (1) or more communications service providers are authorized to provide communications service may not do any of the following:

(1) Prevent a communications service provider from installing on the premises communications service equipment that an occupant requests.

(2) Interfere with a communications service provider's installation on the premises of communications service equipment that an occupant requests.

(3) Discriminate against a communications service provider or impose unduly burdensome conditions on the terms, conditions, and compensation for a communications service provider's installation of communications service equipment on the premises.

(4) Demand or accept an unreasonable payment from:

(A) an occupant; or

(B) a communications service provider;

in exchange for allowing the communications service provider access to the premises.

(5) Discriminate against or in favor of an occupant in any manner, including charging higher or lower rental charges to the occupant, because of the communications service provider from which the occupant receives communications service.

(b) This section does not prohibit the owner, operator, or developer of multitenant real estate from doing any of the following:

(1) Imposing a condition on a communications service provider that is reasonably necessary to protect:

(A) the safety, security, appearance, or condition of the property; or

(B) the safety and convenience of other persons.

(2) Imposing a reasonable limitation on the hours during which a communications service provider may have access to the premises to install communications service equipment.

(3) Imposing a reasonable limitation on the number of communications service providers that have access to the premises, if the owner, operator, or developer can demonstrate a space constraint that requires the limitation.

(4) Requiring a communications service provider to agree to indemnify the owner, operator, or developer for damage caused by installing, operating, or removing communications service equipment on or from the premises.

(5) Requiring an occupant or a communications service provider to bear the entire cost of installing, operating, or removing communications service equipment.

(6) Requiring a communications service provider to pay compensation for access to or use of the premises, as long as the compensation is:

(A) reasonable; and

(B) nondiscriminatory;

among communications service providers.

(c) For purposes of this subsection, an "affected person" includes the following:

(1) An occupant that is a current or potential subscriber of communications service on the premises of multitenant real estate.

(2) A unit in which multitenant real estate is located, acting on behalf of:

(A) a person described in subdivision (1); or

(B) other similarly situated persons.

(3) A communications service provider.

An affected person that alleges a violation of this section by the owner, operator, or developer of multitenant real estate may seek equitable or compensatory relief in a court having jurisdiction. The party prevailing in any action filed under this section is entitled to recover the costs of the action, including reasonable attorney's fees as determined by the court.

As added by P.L.27-2006, SEC.56.
Ind. Code § 8-23-8-3 — Indiana Code / Title 8 / Article 23 / Chapter 8 / Section 8-23-8-3
Acquisition of property and property rights
Status: in_force

Sec. 3. (a) The department or a highway authority may acquire private or public property and property rights for limited access facilities and service roads, including rights of access, air, view, and light, by gift, devise, purchase, or condemnation for the laying out, widening, or improvement of highways and streets within their respective jurisdictions.

(b) In the acquisition of property or property rights for a limited access facility or a service road connected with a facility, the state, county, or municipality may acquire an entire lot, block, or tract of land, if the interests of the public will be best served, even though the entire lot, block, or tract is not immediately needed for the right-of-way.

(c) Court proceedings necessary to acquire property or property rights under this section take precedence over all other causes not involving the public interest in all courts.

As added by P.L.18-1990, SEC.217.
Ind. Code § 8-1-31-1.3 — Indiana Code / Title 8 / Article 1 / Chapter 31 / Section 8-1-31-1.3
"Adjustment amount"
Status: in_force

Sec. 1.3. As used in this chapter, "adjustment amount" means the amount proposed in a petition filed under section 8 of this chapter to allow the adjustment of an eligible utility's basic rates and charges to provide for recovery of infrastructure improvement costs.

As added by P.L.209-2014, SEC.1. Amended by P.L.212-2015, SEC.1.
Ind. Code § 8-14-1-5 — Indiana Code / Title 8 / Article 14 / Chapter 1 / Section 8-14-1-5
Municipal allocations; permissible uses of funds; requirement; consolidated city
Status: in_force

Sec. 5. (a) Subject to subsection (c), all funds allocated to cities and towns from the motor vehicle highway account shall be used by the cities and towns for the construction, reconstruction, preservation, repair, maintenance, oiling, sprinkling, snow removal, weed and tree cutting and cleaning of their highways as herein defined, and including also any curbs, and the city's or town's share of the cost of the separation of the grades of crossing of public highways and railroads, the purchase or lease of highway construction, preservation, and maintenance equipment, the purchase, erection, operation and maintenance of traffic signs and signals, and safety zones and devices, and the painting of surfaces in highways for purposes of safety and traffic regulation. All of such funds shall be budgeted as provided by law.

(b) In addition to purposes for which funds may be expended under subsection (a), monies allocated to cities and towns under this chapter may be expended for the payment of principal and interest on bonds sold primarily to finance road, street, or thoroughfare projects.

(c) Except as provided in subsection (d) and section 5.1 of this chapter, for funds distributed to a city or town from the motor vehicle highway account, the city or town shall use at least fifty percent (50%) of the money for the construction, reconstruction, and preservation of the city's or town's highways.

(d) This subsection applies to a consolidated city. For funds distributed to a consolidated city from the motor vehicle highway account, the consolidated city shall use at least sixty-five percent (65%) of the money for the construction, reconstruction, and preservation of the consolidated city's highways.

Formerly: Acts 1941, c.168, s.5; Acts 1945, c.164, s.1; Acts 1959, c.278, s.1; Acts 1965, c.121, s.1. As amended by Acts 1981, P.L.111, SEC.3; P.L.61-2000, SEC.1; P.L.218-2017, SEC.64; P.L.185-2018, SEC.24; P.L.179-2023, SEC.2; P.L.173-2025, SEC.9.
Ind. Code § 8-15.7-8-3 — Indiana Code / Title 8 / Article 15.7 / Chapter 8 / Section 8-15.7-8-3
Grants or loans by authority or department from amounts received from governmental entities
Status: in_force

Sec. 3. The authority or the department may agree to make grants or loans for any combination of the development, financing, or operation of a qualifying project from amounts received from the federal, state, or local government or any agency or instrumentality of the federal, state, or local government.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-21-10-9 — Indiana Code / Title 8 / Article 21 / Chapter 10 / Section 8-21-10-9
Waiver of strict compliance with obstruction standards
Status: in_force

Sec. 9. The department may, in its discretion, waive strict compliance with the standards set forth in section 7 of this chapter based upon a clear and compelling showing by the applicant for a permit that:

(1) the proposed structure would be between five hundred (500) and one thousand (1,000) feet above ground level at its site and would not be located within two (2) statute miles of an interstate or major arterial highway, a major waterway, or a visual omni range (VOR) radial that supports a significant volume of visual flight rules (VFR) traffic;

(2) the proposed structure would be between five hundred (500) and one thousand (1,000) feet above ground level at its site and would not be located within two (2) statute miles of the centerline of any regularly used visual flight rules (VFR) transition route between an airport and any radio navigation aid or any other airport;

(3) the proposed structure would be located in an approved antenna farm or would be shielded by another structure; or

(4) the proposed structure would not affect a planned or existing primary instrument approach to a runway at an existing or proposed public-use airport, and would not have a significant effect on visual flight rule (VFR) operations.

As added by P.L.117-1983, SEC.1.
Ind. Code § 8-17-1-1 — Indiana Code / Title 8 / Article 17 / Chapter 1 / Section 8-17-1-1
Powers of county executive and department of highways; joint undertakings
Status: in_force

Sec. 1. A county executive may construct, reconstruct, improve, and maintain all public highways, bridges, and culverts in the county, including highways, bridges, and culverts under the supervision of the department, if approved by the department, or located in municipalities, as provided in this chapter. In addition, the department may, after petitioning the affected county executive or municipal legislative body and obtaining approval, construct, reconstruct, improve, and maintain county or municipal highways. The department and a county or a municipality in the county through which a toll road project under IC 8-15-2 passes may jointly undertake transportation projects (as defined in IC 36-1-10-2). The duties and responsibilities of a joint undertaking shall be assigned to the department, the county, or the municipality in the county as the parties may agree.

Formerly: Acts 1919, c.112, s.1. As amended by Acts 1980, P.L.74, SEC.297; Acts 1981, P.L.41, SEC.57; P.L.86-1988, SEC.66; P.L.343-1989(ss), SEC.9.
Ind. Code § 8-1-8-2 — Indiana Code / Title 8 / Article 1 / Chapter 8 / Section 8-1-8-2
Repealed
Status: repealed

Formerly: Acts 1921, c.98, s.2. Repealed by P.L.59-1984, SEC.60.
Ind. Code § 8-1-13-3 — Indiana Code / Title 8 / Article 1 / Chapter 13 / Section 8-1-13-3
Definitions
Status: in_force

Sec. 3. The following terms whenever used or referred to in this chapter have the following meanings, unless a different meaning clearly appears from the context:

(a) "Corporation" means a corporation formed under this chapter.

(b) "Municipality" means any county, city, or town of this state.

(c) "Person" or "inhabitant" means natural persons, firms, associations, corporations, limited liability companies, business trusts, partnerships, and bodies politic.

(d) "Energy" means all electric energy no matter how generated or produced.

(e) "System" means any plant, works, system, facilities, or properties, together with all parts thereof and appurtenances thereto, used or useful in the furnishing of services.

(f) "Obligations" means negotiable bonds, interim certificates or receipts, notes, debentures, and all other evidences of indebtedness, either issued or the payment thereof assumed by the corporation.

(g) "Law" means any law of this state.

(h) "Federal agency" means the United States of America, the President of the United States of America, the federal emergency administrator of public works and any other authority, agency, or instrumentality of the United States of America, heretofore or hereafter created.

(i) "Acquire" means construction, obtaining by purchase, lease, devise, or gift, the exercise of the right of eminent domain in the manner provided by law for the exercise thereof, or other mode of acquisition.

(j) "Improve" means to construct, reconstruct, improve, extend, enlarge, alter, better, or repair.

(k) "Board" means board of directors of a corporation formed under this chapter.

(l) "Member" means each person signing the articles of incorporation of a corporation and each person admitted to membership therein pursuant to law and the corporation's bylaws.

(m) "Service" or "services" means the furnishing of energy or other utility services incidental to development, operation, or maintenance of utility infrastructure and the rendering of related engineering, financial, accounting, economic development, or community development services, or educational services and related materials or equipment assisting in the establishment and maintenance of better communication between corporations and their members, or any of the same.

(n) "Territory", when modified by the phrase "already being served with energy by any public or municipally owned utility", shall not be construed to include territory served by an electric distribution line or lines:

(1) acquired prior to March 1, 1980, from a public or municipally owned utility by a corporation formed or admitted to do business in this state under this chapter; or

(2) acquired on or after March 1, 1980, from a public or municipally owned utility by such a corporation;

if the Indiana utility regulatory commission, after public hearing, finds that public convenience and necessity would be best served by, and authorizes, such acquisition, and if the electric distribution line or lines, together with all other facilities proposed to be purchased, have a reproduction cost new, less depreciation, of not more than three hundred thousand dollars ($300,000) and are not located in whole or in part in any city or town having a population in excess of one thousand five hundred (1,500); however, the dollar and population limitations do not apply if the acquisition is agreed to in all respects by all affected electricity suppliers and is approved by the commission.

(o) "Commission" refers to the Indiana utility regulatory commission.

Formerly: Acts 1935, c.175, s.3; Acts 1937, c.258, s.2; Acts 1945, c.155, s.1; Acts 1951, c.162, s.1; Acts 1953, c.23, s.1; Acts 1969, c.116, s.1. As amended by Acts 1980, P.L.69, SEC.3; P.L.121-1987, SEC.1; P.L.8-1993, SEC.123; P.L.95-1993, SEC.1; P.L.1-1994, SEC.33; P.L.109-1995, SEC.1; P.L.81-1998, SEC.1; P.L.198-1999, SEC.1; P.L.171-2017, SEC.1.
Ind. Code § 8-25-1-2 — Indiana Code / Title 8 / Article 25 / Chapter 1 / Section 8-25-1-2
Applicability of definitions
Status: in_force

Sec. 2. The definitions in this chapter apply throughout this article.

As added by P.L.153-2014, SEC.17.
Ind. Code § 8-1-44-8 — Indiana Code / Title 8 / Article 1 / Chapter 44 / Section 8-1-44-8
"Program"
Status: in_force

Sec. 8. As used in this chapter, "program" refers to the small modular nuclear reactor partnership pilot program established by section 12 of this chapter.

As added by P.L.137-2025, SEC.1.
Ind. Code § 8-14-15.2-1 — Indiana Code / Title 8 / Article 14 / Chapter 15.2 / Section 8-14-15.2-1
"Authority"
Status: in_force

Sec. 1. As used in this chapter, "authority" refers to the Indiana finance authority.

As added by P.L.189-2018, SEC.79.
Ind. Code § 8-22-4-6 — Indiana Code / Title 8 / Article 22 / Chapter 4 / Section 8-22-4-6
Effect of chapter
Status: in_force

Sec. 6. This chapter does not affect IC 8-22-5.

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

As added by Acts 1980, P.L.8, SEC.73.
Ind. Code § 8-23-1.1-6 — Indiana Code / Title 8 / Article 23 / Chapter 1.1 / Section 8-23-1.1-6
"Arterial highway"
Status: in_force

Sec. 6. "Arterial highway" means a highway designed primarily for through traffic, usually on a continuous route.

As added by P.L.145-2026, SEC.37.
Ind. Code § 8-14-10-8 — Indiana Code / Title 8 / Article 14 / Chapter 10 / Section 8-14-10-8
Costs payable from fund
Status: in_force

Sec. 8. The department may use the money in the fund only to pay the following costs:

(1) The cost of construction or reconstruction of a state highway.

(2) The cost of acquisition of all land, rights-of-way, property, rights, easements, and any other legal or equitable interests acquired by the department for the construction or reconstruction of a state highway, including the cost of any relocations incident to the acquisition.

(3) The cost of demolishing or removing any buildings, structures, or improvements on property acquired by the department for the construction or reconstruction of a state highway.

(4) Engineering and legal expenses, and the costs of plans, specifications, surveys, estimates, and any necessary feasibility studies.

(5) Payment of rentals and performance of other obligations under contracts or leases securing bonds issued under IC 8-14.5-6.

As added by P.L.68-1988, SEC.11. Amended by P.L.246-2005, SEC.77.
Ind. Code § 8-1-31.5-5 — Indiana Code / Title 8 / Article 1 / Chapter 31.5 / Section 8-1-31.5-5
"Authorized revenues"
Status: in_force

Sec. 5. As used in this chapter, "authorized revenues" means the annual operating revenues of an eligible utility approved by the commission for a twelve (12) month period in the eligible utility's most recent general rate case.

As added by P.L.104-2016, SEC.3.
Ind. Code § 8-1.5-4-7 — Indiana Code / Title 8 / Article 1.5 / Chapter 4 / Section 8-1.5-4-7
Revenues set aside for operation and maintenance
Status: in_force

Sec. 7. (a) In fixing the proportion of the revenues of the waterworks department required for operation and maintenance, the board shall consider the cost of the operation and maintenance of the waterworks, and may not set aside into the special fund a greater amount of the revenues and proceeds than, in its judgment, is required for the operation and maintenance.

(b) If a surplus is accumulated in the operating and maintenance fund, and that surplus is equal to the cost of maintaining and operating the waterworks system during the remainder of the current calendar, operating, or fiscal year and during the next calendar, operating, or fiscal year, any excess over that surplus may be transferred by the board to either the depreciation account, to be used for any improvements, extensions, or additions to the waterworks, or to the bond and interest redemption account.

As added by Acts 1982, P.L.74, SEC.1.
Ind. Code § 8-14.5-2-2 — Indiana Code / Title 8 / Article 14.5 / Chapter 2 / Section 8-14.5-2-2
Authority
Status: in_force

Sec. 2. "Authority" refers to the Indiana finance authority established by IC 5-1.2-3.

As added by P.L.68-1988, SEC.12. Amended by P.L.235-2005, SEC.114; P.L.189-2018, SEC.81.
Ind. Code § 8-17-7-3 — Indiana Code / Title 8 / Article 17 / Chapter 7 / Section 8-17-7-3
Repealed
Status: repealed

Formerly: Acts 1959, c.331, s.3. Repealed by Acts 1980, P.L.74, SEC.434.
Ind. Code § 8-21-12-15 — Indiana Code / Title 8 / Article 21 / Chapter 12 / Section 8-21-12-15
Finances of authority; bonds
Status: in_force

Sec. 15. (a) The authority may:

(1) finance improvements related to an airport or aviation related property or facilities, including the acquisition of real estate;

(2) refund any bonds; or

(3) pay any loan contract;

by borrowing money and issuing revenue bonds from time to time under this section.

(b) The issuance of revenue bonds must be authorized by a resolution of the authority.

(c) The bonds or the trust agreement securing the bonds must indicate:

(1) the maturity date or dates;

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

(3) the registration privileges and the place of payment;

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

(5) the source of payment.

(d) The bonds must be executed in the name of the authority by the chairman or vice chairman of the authority and attested by the secretary-treasurer, and interest coupons may be executed by placing on the interest coupons the facsimile signature of the chairman or vice chairman of the authority. The bonds are valid and binding obligations of the authority for all purposes, notwithstanding that before delivery of the bonds any of the persons whose signatures appear on the bonds have ceased to be officers of the authority, as if the persons had continued to be officers of the authority until after delivery. The validity of the authorization and issuance of the bonds is not dependent on or affected in any way by proceedings taken for the improvement for which the bonds are to be issued, or by contracts made in connection with the improvement. A resolution authorizing revenue bonds must provide that a revenue bond contain a recital that the bond is issued under this chapter, and a bond containing the recital under authority of a resolution is considered valid and issued in conformity with this chapter.

(e) At the discretion of the authority, the revenue bonds shall be sold either under the procedures for selling public bonds or at a negotiated sale with such terms as are consistent with the provisions of the resolution authorizing the sale. The resolution may delegate to the chairman or the secretary-treasurer the authority to conduct the sale. The bonds may be sold in installments at different times, or an entire issue or series may be sold or exchanged at one (1) time. Any issue or series of the bond may be sold in part or sold in part in installments at different times or at one (1) time.

(f) The bonds are special obligations of the authority and are payable solely from and secured by a lien upon the revenues of all or part of the facilities of the authority, as shall be more fully described in the resolution of the authority or trust agreement authorizing the issuance of the bonds, and, subject to the constitution and to the prior or superior rights of any person, the authority may by resolution pledge and assign for the security of the bonds all or part of the gross or net revenues of the authority and the authority's facilities.

(g) The bonds and interest on the bonds are not a debt of the authority, nor a charge, a lien, or an encumbrance, legal or equitable, upon property of the authority, or upon income, receipts, or revenues of the authority other than those revenues of the facilities that have been pledged to the payment of the bonds. Every bond must recite in substance that the bond, including interest, is payable solely from the revenues pledged to the bond's payment, and that the authority is under no obligation to pay the bond, except from those revenues.

(h) The bonds, when issued, have all the qualities of negotiable instruments, subject to provisions for registration, under IC 26 and are incontestable in the hands of a bona fide purchaser or owner of the bonds for value.

(i) The proceeds of the bonds are appropriated for the purpose for which the bonds may be issued and the proceeds shall be deposited and disbursed in accordance with any provisions and restrictions that the authority may provide in the resolution or trust agreement authorizing the issuance of the bonds.

(j) All bonds issued under this article are issued by a body corporate and politic of this state, but not a state agency, and for an essential public and governmental purpose. The bonds, the interest on the bonds, the proceeds received by an owner from the sale of the bonds to the extent of the owner's cost of acquisition, the proceeds received upon redemption before maturity, the proceeds received at maturity, and the receipt of the interest and proceeds are exempt from taxation as provided in IC 6-8-5.

(k) Notwithstanding any other law, all financial institutions, investment companies, insurance companies, insurance associations, executors, administrators, guardians, trustees, and other fiduciaries may legally invest sinking funds, money, or other funds belonging to them or within their control in bonds issued under this chapter.

(l) Bonds issued under this chapter are exempt from the registration requirements of IC 23-19 and any other state securities registration statutes.

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

(n) The authority may enter into agreements with an entity to provide credit enhancement or liquidity support for any bonds issued by the authority, or for any debt service reserves securing any bonds, with terms that are reasonable and proper, in the discretion of the authority, and not in violation of law.

(o) The authority may enter into agreements or contracts with any financial institution as may be necessary, desirable, or convenient in the opinion of the authority for rendering services in connection with:

(1) the care, custody, or safekeeping of securities or other investments held or owned by the authority;

(2) the payment or collection of amounts payable as to principal or interest; and

(3) the delivery to the authority of securities or other investments purchased or sold by it.

The authority may also, in connection with any of the services rendered by a financial institution as to custody and safekeeping of the authority's securities or investments, require security in the form of collateral bonds, surety agreements, or security agreements as, in the opinion of the authority, is necessary or desirable.

(p) In the discretion of the authority, any bonds 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.

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

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

(s) 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 from any other funds available to the authority.

(t) Funds or money held by the authority under any trust agreement or resolution may be invested pending disbursement as provided in the trust agreement or the resolution. Such an investment is not restricted by or subject to the provisions of any other law.

(u) Refunding or refunding and improvement revenue bonds may be issued in accordance with the provisions for the refinancing or refinancing and improving of any of the facilities for which revenue bonds or a loan contract have been issued or made under this section or section 16 of this chapter.

(v) This section constitutes full authority for the issuance of revenue bonds. No procedure, proceedings, publications, notices, consents, approvals, orders, acts, or things by the authority, by a board, an officer, a commission, a department, an agency, or an instrumentality of the state, or by an eligible entity is required to issue revenue bonds or to do any act or perform anything under this chapter, except as presented by this chapter. The powers conferred by this chapter are in addition to, and not in substitution for, and the limitations imposed by this section do not affect the powers conferred in another section of this chapter or by any other statute.

As added by P.L.28-1991, SEC.2. Amended by P.L.27-2007, SEC.8.
Ind. Code § 8-23-20-2 — Indiana Code / Title 8 / Article 23 / Chapter 20 / Section 8-23-20-2
Form of agreements; negotiation
Status: in_force

Sec. 2. The regulatory standards set forth in an agreement described in section 1(a) of this chapter must be consistent with customary use in Indiana. The agreement must be in a form that is in the best interests of the state and may be of a duration and subject to terms and provisions for modification that the governor considers advisable. In negotiating the agreement, the governor shall consider the following factors:

(1) The actual availability of federal funds.

(2) The imminence of a sanction against the state for a violation of 23 U.S.C. 131.

(3) The enactment of an amendment to 23 U.S.C. 131 or the regulations promulgated under 23 U.S.C. 131, or the possibility of an amendment.

(4) The scope of an agreement entered into by another state with the Secretary under 23 U.S.C. 131.

As added by P.L.18-1990, SEC.229.
Ind. Code § 8-1-46.1-19 — Indiana Code / Title 8 / Article 1 / Chapter 46.1 / Section 8-1-46.1-19
Restrictions on retrofitting or replacing grease control equipment
Status: in_force

Sec. 19. A regulating authority or utility may not require the regulated entity to retrofit or replace grease control equipment unless the regulated entity's FOG discharge exceeds the allowable concentration at least two (2) times within a thirty (30) day period.

As added by P.L.95-2026, SEC.1.
Ind. Code § 8-1-27-7 — Indiana Code / Title 8 / Article 1 / Chapter 27 / Section 8-1-27-7
Public hearing on plan; notice
Status: in_force

Sec. 7. The commission shall hold a public hearing for each environmental compliance plan submitted by a public utility under this chapter. The public utility shall publish a notice of the filing of its petition for approval of an environmental compliance plan in one (1) newspaper of general circulation published in each county in which the public utility renders service. The provisions of IC 8-1-2-62 through IC 8-1-2-67 apply to a public hearing held under this section.

As added by P.L.76-1991, SEC.1.
Ind. Code § 8-23-17-30 — Indiana Code / Title 8 / Article 23 / Chapter 17 / Section 8-23-17-30
Federal assistance; compliance with federal law
Status: in_force

Sec. 30. An agency acquiring real property or engaging in code enforcement activities under a program under which federal financial assistance is or will be available to pay the cost of the program is authorized to enter into an agreement with the appropriate federal agency under which the agency agrees to provide relocation assistance services and payments as required or authorized under the Uniform Relocation Assistance and Land Acquisition Policies Act of 1970 (42 U.S.C. 4601-4655) and to use available federal funds. The agency using federal financial assistance may make contracts and expenditures, and act, make rules, orders, and findings as necessary to comply with the federal law and the related rules, regulations, and interpretations promulgated by the appropriate federal agencies.

As added by P.L.18-1990, SEC.226.
Ind. Code § 8-1-8.5-15 — Indiana Code / Title 8 / Article 1 / Chapter 8.5 / Section 8-1-8.5-15
Commission study of use of surplus interconnection service by electric utilities; topics for study; provision of information to commission; protection of confidential information; consultation with stakeholders; inclusion of findings in commission's annual report
Status: in_force

Sec. 15. (a) The definitions in section 3.6 of this chapter apply throughout this section.

(b) The commission shall conduct a study to evaluate the potential use of surplus interconnection service by electric utilities to enable electric utilities to:

(1) safely, reliably, efficiently, and cost effectively meet electric system demand; and

(2) provide safe, reliable, and affordable electric utility service to customers.

(c) In conducting the study, the commission shall evaluate the following:

(1) The potential use of surplus interconnection service to enable electric utilities to provide safe, reliable, and affordable electric utility service to customers in Indiana, considering existing and planned transmission infrastructure and projected demand growth.

(2) Any other aspect of surplus interconnection service that the commission determines will assist policymakers, electric utilities, ratepayers, and other stakeholders in understanding the potential role of surplus interconnection service in the transmission system serving Indiana and the region.

(d) An electric utility shall provide the commission, at the time and in the manner prescribed by the commission, any information or related materials required by the commission to perform the evaluation described in subsection (c). If the electric utility has solicited information concerning the potential use of surplus interconnection service at third party facilities under section 3.6(e) of this chapter, and the commission requires further information or related materials regarding the potential use of surplus interconnection service at those third party facilities, the commission may request the information or materials directly from the owners or operators of those third party facilities. Upon request by an electric utility or an owner or operator of a third party facility, the commission shall determine whether any information or related materials requested by the commission:

(1) are confidential under IC 5-14-3-4;

(2) are exempt from public access and disclosure by Indiana law; and

(3) must be treated as confidential and protected from public access and disclosure by the commission.

(e) In conducting the study required by this section, the commission may consult with or invite comments from:

(1) regional transmission organizations;

(2) the Federal Energy Regulatory Commission or other federal regulators;

(3) electric utilities;

(4) the office of utility consumer counselor;

(5) associations or organizations representing utility ratepayers;

(6) regulatory commissions in other states;

(7) engineers or other experts; and

(8) other stakeholders.

The commission may incorporate any information or comments received under this subsection in its report under subsection (f).

(f) The commission shall include in the annual report that the commission is required to submit under IC 8-1-1-14 before October 1, 2027, a report that includes the commission's findings with respect to the topics set forth in subsection (c).

As added by P.L.126-2026, SEC.3.
Ind. Code § 8-16-15.5-4 — Indiana Code / Title 8 / Article 16 / Chapter 15.5 / Section 8-16-15.5-4
Terms; vacancies
Status: in_force

Sec. 4. (a) An appointment to the bridge authority shall be for a term of four (4) years. Each member appointed to the bridge authority:

(1) shall hold office for the term of the appointment;

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

(3) remains eligible for reappointment to the bridge authority if the requirements described in section 3 of this chapter remain met; and

(4) may be removed from office by the other members of the bridge authority with or without cause.

(b) Members of the bridge authority shall fill vacancies for any unexpired term of a member or for any member appointed by the other members of the bridge authority as provided in this section.

(c) A member of the bridge authority, including a member appointed under section 3(c) of this chapter, may be reappointed.

As added by P.L.185-2018, SEC.27.
Ind. Code § 8-14-9-6 — Indiana Code / Title 8 / Article 14 / Chapter 9 / Section 8-14-9-6
Resolution; public inspection; publication of notice; hearing
Status: in_force

Sec. 6. (a) A resolution adopted under section 5 of this chapter shall be made available for public inspection. The board shall publish notice of the adoption. The notice must contain a general description of the resolution, and it must indicate that the resolution and included materials may be inspected at a specified location.

(b) The notice shall be published once each week for two (2) consecutive weeks:

(1) with each publication of notice in one (1) newspaper of general circulation within the local county road and bridge district; or

(2) with the first publication of notice in a newspaper described in subdivision (1) and the second publication of notice:

(A) in accordance with IC 5-3-5; and

(B) on the official website of the county in which the district is located.

(c) The notice shall specify a date, not less than ten (10) days after the date of last publication, on which the board will conduct a hearing at which interested or affected parties may object to the resolution.

As added by Acts 1981, P.L.88, SEC.13. Amended by P.L.152-2021, SEC.7; P.L.1-2025, SEC.127.
Ind. Code § 8-23-8-1 — Indiana Code / Title 8 / Article 23 / Chapter 8 / Section 8-23-8-1
Planning, construction, maintenance, and regulation
Status: in_force

Sec. 1. The department and the highway authorities of the counties and municipalities, acting alone or in cooperation with each other or any federal agency, or state or local agency of another state having authority to participate in the construction and maintenance of highways, may plan, designate, establish, regulate, vacate, alter, improve, maintain, and provide limited access facilities for public use on all or any part of a highway whenever the department or authority that has jurisdiction over the highway determines that traffic conditions, present or future, will justify the facilities. The department or a highway authority that has jurisdiction over a highway may regulate, restrict, or prohibit the use of limited access facilities on that highway by various classes of vehicles or traffic.

As added by P.L.18-1990, SEC.217. Amended by P.L.87-1991, SEC.2.
Ind. Code § 8-14.5-3-14 — Indiana Code / Title 8 / Article 14.5 / Chapter 3 / Section 8-14.5-3-14
Transfers from state to authority; advertising and bids
Status: in_force

Sec. 14. The state, acting through the governor, may convey, transfer, lease, or sell, with or without consideration, real property of any nature (including buildings, structures, improvements, land, rights-of-way, easements, and legal or equitable interests) title to which is held in the name of the state, to the authority, without being required to advertise or solicit bids or proposals, in order to accomplish the governmental purposes of this article.

As added by P.L.68-1988, SEC.12.
Ind. Code § 8-15.7-5-5 — Indiana Code / Title 8 / Article 15.7 / Chapter 5 / Section 8-15.7-5-5
Distribution of payments received by department under public-private agreement
Status: in_force

Sec. 5. To the extent that the department receives any payment or compensation under the public-private agreement other than repayment of a loan or grant or reimbursement for services provided by the department to the operator, the payment or compensation shall be distributed at the direction of the department to the:

(1) major moves construction fund established under IC 8-14-14;

(2) department for deposit in the state highway fund established by IC 8-23-9-54;

(3) alternative transportation construction fund established under IC 8-14-17; or

(4) operator or the authority for debt reduction.

As added by P.L.47-2006, SEC.40. Amended by P.L.203-2007, SEC.7.
Ind. Code § 8-15.7-2-2 — Indiana Code / Title 8 / Article 15.7 / Chapter 2 / Section 8-15.7-2-2
"Affected jurisdiction"
Status: in_force

Sec. 2. "Affected jurisdiction" means the following:

(1) Any county, city, or town in which all or a part of a qualifying project is located.

(2) Any other public entity directly affected by the qualifying project.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-1.5-2-19.5 — Indiana Code / Title 8 / Article 1.5 / Chapter 2 / Section 8-1.5-2-19.5
Purchase of equipment requiring lead time before availability; approval of contracts if sufficient funds available
Status: in_force

Sec. 19.5. If a municipality desires to purchase and install equipment for its utility which requires more than three (3) months lead time for the supplier to make such equipment and installation available, the legislative body may, by ordinance, approve a contract therefor even though it does not have sufficient funds appropriated or on hand to pay for such purchase if the utility:

(1) has annual net operating revenues for the immediately preceding calendar year sufficient to permit the municipality:

(A) to pay the principal of and interest on an issue of its utility revenue bonds in the principal amount necessary to fund such purchase (including engineering costs, legal costs, and costs of bond issuance associated therewith); and

(B) a margin of safety which it deems necessary to market such bonds on acceptable terms;

(2) if required by section 19 of this chapter, has received approval from the commission to issue bonds, notes, or other obligations sufficient to fund such purchase; or

(3) has received approval from the commission to raise its rates and charges in an amount sufficient to permit the issuance of said bonds.

As added by P.L.105-1983, SEC.1. Amended by P.L.103-2008, SEC.6.
Ind. Code § 8-14.5-6-15 — Indiana Code / Title 8 / Article 14.5 / Chapter 6 / Section 8-14.5-6-15
Pledges
Status: in_force

Sec. 15. A pledge of lease rentals, proceeds of bonds or notes, investment earnings on those proceeds, or other money pledged by the authority is binding from the time the pledge is made. Lease rentals, proceeds of bonds or notes, investment earnings on those proceeds, or other money pledged by the authority and thereafter received by the authority or its trustee or fiduciary is immediately subject to the lien of the pledge without any further act, and the lien of the pledge is binding against all parties having claims of any kind in tort, contract, or otherwise against the authority, regardless of whether the parties have notice of the lien. A resolution, trust agreement, or any other instrument by which a pledge is created is required to be filed or recorded only in the records of the authority.

As added by P.L.68-1988, SEC.12.
Ind. Code § 8-1-13-35 — Indiana Code / Title 8 / Article 1 / Chapter 13 / Section 8-1-13-35
Blank forms received; verification; delivery of documents, books, and papers
Status: in_force

Sec. 35. Any corporation receiving from the commission any blank forms with directions to complete them shall answer fully and correctly each question in the form, and if it is unable to answer any question, it shall give a good and sufficient reason for failing to answer the questions. The answers shall be verified under oath by the president, secretary, superintendent, or general manager, or person in charge of the corporation and returned to the commission at its office within the period fixed by the commission. Whenever required by the commission, every corporation shall deliver to the commission for examination any relevant documents, books, accounts, papers, and records (or copies), with a complete inventory of all its property in a form prescribed by the commission.

As added by P.L.121-1987, SEC.12.
Ind. Code § 8-1-2-42.5 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-42.5
Periodic review of rates and charges; commission to post summary of reviews of electricity suppliers on website
Status: in_force

Sec. 42.5. (a) The commission shall by rule or order, consistent with the resources of the commission and the office of the utility consumer counselor, require that the basic rates and charges of all public, municipally owned, and cooperatively owned utilities (except those utilities described in section 61.5 of this chapter) are subject to a regularly scheduled periodic review and revision by the commission. However, the commission shall conduct the periodic review at least once every four (4) years and may not authorize a filing for an increase in basic rates and charges more frequently than is permitted by operation of section 42(a) of this chapter.

(b) The commission shall make the results of the commission's most recent periodic review of the basic rates and charges of an electricity supplier (as defined in IC 8-1-2.3-2(b)) available for public inspection by posting a summary of the results on the commission's website. If an electricity supplier whose basic rates and charges are reviewed under this section maintains a publicly accessible website, the electricity supplier shall provide a link on the electricity supplier's website to the summary of the results posted on the commission's website.

As added by P.L.88-1985, SEC.4. Amended by P.L.264-2017, SEC.1; P.L.1-2025, SEC.113.
Ind. Code § 8-15.5-10-3 — Indiana Code / Title 8 / Article 15.5 / Chapter 10 / Section 8-15.5-10-3
Payment of amounts owed from available funds; moral obligation; issuance of bonds; review by budget committee
Status: in_force

Sec. 3. (a) The authority may pay any amounts owed by the authority under a public-private agreement entered into under this article from any funds available to the authority under this article or any other statute.

(b) Subject to review by the budget committee established by IC 4-12-1-3 and approval by the budget director appointed under IC 4-12-1-3, a public-private agreement entered into under this article may:

(1) establish a procedure for the authority or a person acting on behalf of the authority to certify to the general assembly the amount needed to pay any amounts owed by the authority under a public-private agreement; or

(2) otherwise create a moral obligation of the state to pay any amounts owed by the authority under the public-private agreement.

(c) The authority may issue bonds or refunding bonds under IC 5-1.2-4 to provide funds for any amounts identified under this article but is not required to comply with IC 8-9.5-8-10.

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

As added by P.L.47-2006, SEC.39. Amended by P.L.163-2011, SEC.9; P.L.205-2013, SEC.163; P.L.213-2015, SEC.120; P.L.189-2018, SEC.95.
Ind. Code § 8-1-32.4-14 — Indiana Code / Title 8 / Article 1 / Chapter 32.4 / Section 8-1-32.4-14
Repealed
Status: repealed

As added by P.L.27-2006, SEC.54. Repealed by P.L.8-2012, SEC.7.
Ind. Code § 8-25-3-2 — Indiana Code / Title 8 / Article 25 / Chapter 3 / Section 8-25-3-2
Repealed
Status: repealed

As added by P.L.153-2014, SEC.17. Repealed by P.L.197-2016, SEC.91.
Ind. Code § 8-1-32.6-1 — Indiana Code / Title 8 / Article 1 / Chapter 32.6 / Section 8-1-32.6-1
"Commission"
Status: in_force

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

As added by P.L.27-2006, SEC.56.
Ind. Code § 8-15-2-9 — Indiana Code / Title 8 / Article 15 / Chapter 2 / Section 8-15-2-9
Toll road revenue bonds
Status: in_force

Sec. 9. (a) Subject to IC 8-9.5-8-10, the authority is authorized to provide by a resolution at one (1) time or from time to time for the issuance of toll road revenue bonds of the state for the purpose of paying all or any part of the cost of any one (1) or more toll road projects. The principal of and the interest on such bonds shall be payable solely from an allocation of money from the rural transportation road fund under IC 8-9.5-8-16 or from the revenues or from the proceeds of bonds issued under the provisions of this chapter and earnings thereon, or from all three (3).

(b) The bonds of each issue shall:

(1) be dated;

(2) bear interest at such rate or rates as shall be established by the authority;

(3) mature at such time or times not exceeding forty (40) years from their date or dates, as may be determined by the authority; and

(4) be made redeemable before maturity at the option of the authority at such price or prices and under such terms and conditions as may be fixed by the authority prior to the issuance of the bonds.

(c) The authority shall:

(1) determine the form of the bonds, including any interest coupons to be attached thereto;

(2) fix the denomination or denominations of the bonds; and

(3) fix the place or places of payment of principal and interest, which may be at any bank or trust company within or without the state.

(d) The bonds shall be signed by the chairman of the authority or by his facsimile signature, and attested to by the manual or the facsimile signature of the public finance director, and any coupons attached thereto shall bear the facsimile signature of the chairman of the authority. In case any officer whose signature or a facsimile of whose signature shall appear on any bonds or coupons shall cease to be such officer before the delivery of such bonds, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. The authority may also provide for the authentication of the bonds by a trustee or fiscal agent.

(e) All bonds issued under the provisions of this chapter shall have and are declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments law of the state of Indiana.

(f) The bonds may be issued in coupon or in registered form, or both, as the authority may determine, and provisions may be made for the registration of any coupon bonds as to principal alone and also as to both principal and interest, and for the reconversion into coupon bonds of any bonds registered as to both principal and interest.

(g) The authority may sell such bonds in such manner and for such price as it may determine to be for the best interests for the state, either at a public or private sale.

(h) The proceeds of the bonds of each issue shall be:

(1) used solely for the payment of the cost of the toll road project or projects for which such bonds shall have been issued; and

(2) disbursed in such manner and under such restrictions, if any, as the authority may provide in authorizing the issuance of such bonds or in the trust agreement mentioned securing the same.

(i) If the proceeds of the bonds of any issue, by error of estimates or otherwise, shall be less than such cost, additional bonds may in like manner be issued to provide the amount of such deficit, and, unless otherwise provided in the resolution authorizing the issuance of such bonds or in the trust agreement securing the same, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued.

(j) If the proceeds of the bonds of any issue shall exceed the cost of the toll road project or projects for which the same shall have been issued, the surplus shall be deposited to the credit of the sinking fund for such bonds.

(k) Prior to the preparation of definitive bonds, the authority may under like restrictions, issue interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when such bonds shall have been executed and are available for delivery. The authority may also provide for the replacement of any bonds which shall become mutilated or shall be destroyed or lost.

(l) Except as provided by IC 8-9.5-8-10, bonds may be issued under the provisions of this chapter without:

(1) obtaining the consent of any department, division, commission, board, bureau, or agency of the state; and

(2) any other proceedings or the happening of any other conditions or things than those proceedings, conditions, or things which are specifically required by this chapter.

Formerly: Acts 1951, c.281, s.9; Acts 1969, c.86, s.2; Acts 1971, P.L.99, SEC.2. As amended by Acts 1980, P.L.74, SECS.233, 234; P.L.109-1983, SEC.12; P.L.386-1987(ss), SEC.10; P.L.5-1988, SEC.52; P.L.162-2007, SEC.32.
Ind. Code § 8-14.5-6-18 — Indiana Code / Title 8 / Article 14.5 / Chapter 6 / Section 8-14.5-6-18
Service agreements with financial institutions
Status: in_force

Sec. 18. The authority may enter into agreements or contracts with any financial institution as may be necessary, desirable, or convenient in the opinion of the authority for rendering services in connection with:

(1) the care, custody, or safekeeping of securities or other investments held or owned by the authority;

(2) the payment or collection of amounts payable as to principal or interest; and

(3) the delivery to the authority of securities or other investments purchased or sold by it.

The authority may also, in connection with any of the services rendered by a financial institution as to custody and safekeeping of its securities or investments, require security in the form of collateral bonds, surety agreements, or security agreements as, in the opinion of the authority, is necessary or desirable.

As added by P.L.68-1988, SEC.12.
Ind. Code § 8-23-7-4 — Indiana Code / Title 8 / Article 23 / Chapter 7 / Section 8-23-7-4
Description of property to be acquired; preparation and filing
Status: in_force

Sec. 4. If:

(1) the department determines the location of a state highway; and

(2) the location of the highway requires the department to acquire real property, easements in real property, or rights in real property;

the department may prepare a metes and bounds or other description of the property or rights to be acquired. The description shall be filed in the office of the recorder in the county in which the real property is located.

As added by P.L.18-1990, SEC.216.
Ind. Code § 8-14-15.2-8 — Indiana Code / Title 8 / Article 14 / Chapter 15.2 / Section 8-14-15.2-8
Treasurer of state as trustee of the trust
Status: in_force

Sec. 8. The treasurer of state shall act as the trustee of the trust.

As added by P.L.189-2018, SEC.79.
Ind. Code § 8-14-15.2-13 — Indiana Code / Title 8 / Article 14 / Chapter 15.2 / Section 8-14-15.2-13
Trust report is a public record; attorney general may petition for accounting
Status: in_force

Sec. 13. The report required under IC 30-4-5-12 is a public record. The attorney general may petition for an accounting as permitted by IC 30-4-5-12.

As added by P.L.189-2018, SEC.79.
Ind. Code § 8-23-30-9 — Indiana Code / Title 8 / Article 23 / Chapter 30 / Section 8-23-30-9
Electronic availability of local asset management plans
Status: in_force

Sec. 9. Not later than July 1, 2022, the department shall make asset management plans of local units approved under this chapter available in an electronic format specified by the department on a website maintained by:

(1) the department; or

(2) an entity contracted by the department to approve asset management plans.

As added by P.L.44-2021, SEC.1. Amended by P.L.1-2025, SEC.131.
Ind. Code § 8-1.5-5-6 — Indiana Code / Title 8 / Article 1.5 / Chapter 5 / Section 8-1.5-5-6
Powers of board
Status: in_force

Sec. 6. The board has the powers and duties prescribed by IC 8-1.5-3-4(a). In addition, the board may:

(1) hold hearings following public notice;

(2) make findings and determinations;

(3) install, maintain, and operate a storm water collection and disposal system;

(4) make all necessary or desirable improvements of the grounds and premises under its control; and

(5) issue and sell bonds of the district in the name of the unit served by the department for the acquisition, construction, alteration, addition, or extension of the storm water collection and disposal system or for the refunding of any bonds issued by the board.

As added by P.L.125-1987, SEC.1. Amended by P.L.282-2003, SEC.9.
Ind. Code § 8-8-3-5 — Indiana Code / Title 8 / Article 8 / Chapter 3 / Section 8-8-3-5
Violations
Status: in_force

Sec. 5. A person who violates an order of the Indiana department of transportation made under this chapter commits a Class C infraction.

Formerly: Acts 1913, c.291, s.5. As amended by Acts 1978, P.L.2, SEC.827; P.L.384-1987(ss), SEC.80; P.L.18-1990, SEC.90.
Ind. Code § 8-23-30-3 — Indiana Code / Title 8 / Article 23 / Chapter 30 / Section 8-23-30-3
Application; eligibility
Status: in_force

Sec. 3. A local unit may apply to the department for a grant from the fund for an eligible project if the local unit:

(1) uses a transportation asset management plan approved by the department; and

(2) commits to a local match by using one (1) or more of the following:

(A) Any money the local unit is authorized to use for a local road or bridge project.

(B) Money received by the local unit as a special distribution of local income taxes under IC 6-3.6-9-17.

(C) Money in the local unit's rainy day fund under IC 36-1-8-5.1.

The application must be in the form and manner prescribed by the department.

As added by P.L.146-2016, SEC.16. Amended by P.L.218-2017, SEC.80.
Ind. Code § 8-1-26-23 — Indiana Code / Title 8 / Article 1 / Chapter 26 / Section 8-1-26-23
Underground plant protection advisory committee established; membership; duties and powers
Status: in_force

Sec. 23. (a) The underground plant protection advisory committee is established.

(b) The advisory committee consists of the following seven (7) members appointed by the governor:

(1) One (1) member representing the association.

(2) One (1) member representing investor owned gas utilities.

(3) One (1) member representing operators of pipeline facilities or pipelines.

(4) One (1) member representing municipal gas utilities.

(5) Two (2) members representing commercial excavators.

(6) One (1) member representing providers of facility locate marking services.

(c) The term of a member is four (4) years. A member of the advisory committee serves at the pleasure of the governor. The governor shall fill a vacancy in the membership of the advisory committee for the unexpired term of the vacating member.

(d) The association and the commission shall provide staff support and meeting space to the advisory committee.

(e) The members of the advisory committee shall elect a chairperson. The advisory committee shall meet at the call of the chairperson.

(f) The affirmative vote of a majority of members appointed under subsection (b) is required to take action.

(g) The pipeline safety division shall investigate alleged violations of this chapter. If the pipeline safety division finds that a person has violated this chapter, the pipeline safety division shall forward its finding to the advisory committee.

(h) The advisory committee shall act in an advisory capacity to the commission concerning the implementation and enforcement of this chapter. In this capacity, and subject to subsections (i) and (j), the advisory committee may recommend the following penalties with respect to persons that the pipeline safety division has found to violate this chapter:

(1) Civil penalties consistent with this chapter.

(2) Participation in education or training programs developed and implemented by the commission.

(3) Warning letters.

(4) Development of a plan to avoid future violations of this chapter.

Before making a recommendation under this subsection, the advisory committee shall provide notice to the person found to be in violation of this chapter of an opportunity to appear before the advisory committee with respect to the violation.

(i) The advisory board may consider the following when making a recommendation under subsection (h):

(1) Whether the person found to be in violation of this chapter is a first time or repeat violator.

(2) Whether the person found to be in violation of this chapter is:

(A) a homeowner or tenant performing excavation or demolition:

(i) on the homeowner's or tenant's residential property; and

(ii) outside an operator's easement or right of way; or

(B) a business entity.

(3) The severity of the violation.

(j) If the advisory committee determines that:

(1) the person found to be in violation of this chapter is a first time violator described in subsection (i)(2)(A); and

(2) the violation did not result in physical harm to a person;

the advisory committee may not recommend a penalty described in subsection (h)(1) or (h)(4).

(k) Upon receiving a recommendation from the advisory committee under subsection (h), and after notice and opportunity for a public hearing, the commission shall do the following as applicable:

(1) Uphold or reverse the finding of a violation by the pipeline safety division under subsection (g).

(2) Approve or disapprove each recommendation of the advisory committee.

(3) Collect any civil penalties and deposit the penalties in the underground plant protection account.

As added by P.L.62-2009, SEC.19.
Ind. Code § 8-1-30.9-5 — Indiana Code / Title 8 / Article 1 / Chapter 30.9 / Section 8-1-30.9-5
Certificate of public convenience and necessity to construct long haul water pipeline; transfer, sale, or lease of long haul water pipeline; notice to commission
Status: in_force

Sec. 5. (a) Except as provided in this chapter, the construction of a long haul water pipeline after June 30, 2025, is prohibited.

(b) After June 30, 2025, a water utility may construct a long haul water pipeline if the water utility first obtains from the commission a certificate that the public convenience and necessity requires, or will require, the construction of the long haul water pipeline.

(c) A certificate of public convenience and necessity under this chapter is not required for the transfer, purchase, sale, or lease of a long haul water pipeline that has been constructed in accordance with a certificate issued under this chapter. However, a person that transfers, sells, or leases a long haul water pipeline must provide written notice to the commission of the transfer, sale, or lease not later than sixty (60) days after the transfer, sale, or lease is finalized. Notice under this subsection shall be submitted in the form and manner prescribed by the commission and must include the name and contact information for the transferee, purchaser, or lessee. The commission may issue a general administrative order regarding the information to be included in a notice required under this subsection.

As added by P.L.99-2025, SEC.1.
Ind. Code § 8-3-22-4 — Indiana Code / Title 8 / Article 3 / Chapter 22 / Section 8-3-22-4
Powers and duties of commission
Status: in_force

Sec. 4. (a) The duties of the commission are to:

(1) advocate for the funding and authorization necessary to make passenger rail improvements a reality for the region;

(2) identify and seek to develop ways that states can form partnerships, including those with rail industry and labor, to implement improved passenger rail service in the region;

(3) seek development of a long term, interstate plan for high speed rail passenger service implementation;

(4) cooperate with other agencies, regions, and entities to ensure that the Midwest is adequately represented and integrated into national plans for passenger rail development;

(5) adopt bylaws governing the activities and procedures of the commission and addressing, among other subjects:

(A) the powers and duties of officers; and

(B) the voting rights of commission members, voting procedures, commission business, and any other purposes necessary to fulfill the duties of the commission;

(6) expend funds as required to carry out the powers and duties of the commission; and

(7) report on the activities of the commission to the legislatures and governors of the member states on an annual basis.

(b) In addition to its exercise of these duties, the commission may:

(1) provide multistate advocacy necessary to implement passenger rail systems or plans, as approved by the commission;

(2) work with local elected officials, economic development planning organizations, and similar entities to raise the visibility of passenger rail service benefits and needs;

(3) educate other state officials, federal agencies, other elected officials, and the public on the advantages of passenger rail as an integral part of an intermodal transportation system in the region;

(4) work with federal agency officials and members of Congress to ensure the funding and authorization necessary to develop a long term, interstate plan for high speed rail passenger service implementation.

(5) make recommendations to member states;

(6) implement or provide oversight for specific rail projects, if requested by each state participating in a particular project and under the terms of a formal agreement approved by the participating states and the commission;

(7) establish an office and hire staff as necessary;

(8) contract for or provide services;

(9) assess dues, according to the terms of this compact;

(10) conduct research; and

(11) establish committees.

As added by P.L.131-2000, SEC.1.
Ind. Code § 8-1-2.8-19 — Indiana Code / Title 8 / Article 1 / Chapter 2.8 / Section 8-1-2.8-19
Articles of incorporation; additional provisions
Status: in_force

Sec. 19. The articles of incorporation of the InTRAC may contain provisions in addition to those specified in section 18 of this chapter that:

(1) the members of the InTRAC provide in accordance with IC 23-7-1.1 (before its repeal on August 1, 1991) or IC 23-17; and

(2) do not violate the provisions required under section 18 of this chapter.

As added by P.L.75-1991, SEC.1. Amended by P.L.1-2010, SEC.41.
Ind. Code § 8-17-1-34.1 — Indiana Code / Title 8 / Article 17 / Chapter 1 / Section 8-17-1-34.1
Repealed
Status: repealed

As added by P.L.86-1988, SEC.96. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-9.5-8-7 — Indiana Code / Title 8 / Article 9.5 / Chapter 8 / Section 8-9.5-8-7
Contracts; purposes; requisite additional provisions
Status: in_force

Sec. 7. (a) If the authority and the department decide to enter into a contract as authorized under section 6 of this chapter for the purposes enumerated in subsection (b), the authority and the department shall enter into a separate contract for each toll road project or toll bridge.

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

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

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

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

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

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

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

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

(1) A provision for the collection of tolls and their deposit in a designated depository to the account of the authority or to the account of a trustee in accordance with any applicable trust agreement.

(2) A provision for the purchase by the department on behalf of the authority of property, machinery, and equipment required to carry out the contract, along with provision that such property, machines, and equipment:

(A) remain the property of the authority;

(B) shall be maintained by the department;

(C) shall be identified as the property of the authority;

(D) shall be used exclusively in connection with the performance of the contract; and

(E) shall be accounted for by the department to the authority at specified times.

(3) A provision authorizing the department to enter into contracts with third parties for carrying out the contract and requiring all such contracts to be in the name of the department but performed on behalf of the authority.

(4) A provision requiring the department to:

(A) maintain records and books of account reflecting the receipts and disbursements under the contract and the assets of the authority relating to the toll road project or toll bridge; and

(B) prepare or have prepared all books, records, and any reports required to be prepared, maintained, or delivered under any applicable trust agreement.

(5) Provisions for the payment by the authority to the department of:

(A) the cost of construction, reconstruction, or improvement undertaken under the contract; and

(B) the cost of maintenance, repair, and operation under the contract.

These costs include all costs incurred by the department in the performance of the contracts (such as salaries, wages, and associated costs of department personnel attributable to performance of the contract).

(6) Provisions for the payment to the department from time to time of funds necessary to maintain a revolving fund balance of not less than two hundred thousand dollars ($200,000) to be used in paying costs incurred under the contract so that the department is not required to advance funds for the cost of performance.

(7) A provision stating that the contract is for a term of not more than two (2) years and is extended for successive two (2) year periods, unless either party gives notice of its intention to terminate the contract not later than six (6) months before the end of a two (2) year term.

(8) Such other terms and conditions as the authority and the department consider appropriate.

As added by P.L.109-1983, SEC.3.
Ind. Code § 8-23-32-14 — Indiana Code / Title 8 / Article 23 / Chapter 32 / Section 8-23-32-14
Daily log
Status: in_force

Sec. 14. A worksite speed control system operator shall complete a daily log for the worksite speed control system that contains the following:

(1) The location of the worksite where the worksite speed control system is deployed.

(2) The date and time when workers are present at the worksite.

(3) The location within the worksite where workers are present.

(4) A statement that:

(A) the worksite speed control system operator successfully performed; and

(B) the device passed;

the tests of the worksite speed control system specified by the manufacturer before producing a photograph or recorded image.

(5) The signature of the worksite speed control system operator.

As added by P.L.120-2023, SEC.2.
Ind. Code § 8-23-24.5-3 — Indiana Code / Title 8 / Article 23 / Chapter 24.5 / Section 8-23-24.5-3
"Vegetation"
Status: in_force

Sec. 3. As used in this chapter, "vegetation" refers to grasses or other plants that are suitable for processing into fuels or other energy products. The term does not include grasses or other plants that may be used to feed livestock.

As added by P.L.182-2009(ss), SEC.281.
Ind. Code § 8-3-1.7-5 — Indiana Code / Title 8 / Article 3 / Chapter 1.7 / Section 8-3-1.7-5
Terms and interest rates for loans
Status: in_force

Sec. 5. The Indiana department of transportation shall set the terms and interest rates for loans made from the industrial rail service fund.

As added by Acts 1982, P.L.51, SEC.2. Amended by P.L.84-1988, SEC.5; P.L.18-1990, SEC.40.
Ind. Code § 8-1-31.7-2 — Indiana Code / Title 8 / Article 1 / Chapter 31.7 / Section 8-1-31.7-2
"Eligible addition"
Status: in_force

Sec. 2. As used in this chapter, "eligible addition" means any new utility plant or equipment:

(1) that does not increase revenues by connecting to new customers, even though the plant or equipment may provide the eligible utility with greater available capacity; and

(2) that:

(A) for a public utility:

(i) is used and useful;

(ii) is procured, installed, or constructed by the public utility with expenditures that are service enhancement improvements; and

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

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

(i) is or will be an extension or replacement, consistent with section 8 of this chapter; and

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

As added by P.L.137-2020, SEC.15. Amended by P.L.32-2021, SEC.18.
Ind. Code § 8-1-32.3-9 — Indiana Code / Title 8 / Article 1 / Chapter 32.3 / Section 8-1-32.3-9
"Small cell facility"
Status: in_force

Sec. 9. (a) As used in this chapter, "small cell facility" means:

(1) a personal wireless service facility (as defined by the Federal Telecommunications Act of 1996 as in effect on July 1, 2015); or

(2) a wireless facility that satisfies the following requirements:

(A) Each antenna, including exposed elements, has a volume of six (6) cubic feet or less.

(B) The primary equipment enclosure located with the facility has a volume of twenty-eight (28) cubic feet or less.

(b) For purposes of subsection (a)(2)(B), the volume of the primary equipment enclosure does not include the following equipment that is located outside the primary equipment enclosure:

(1) Electric meters.

(2) Concealment equipment.

(3) Telecommunications demarcation boxes.

(4) Ground based enclosures.

(5) Back up power systems.

(6) Grounding equipment.

(7) Power transfer switches.

(8) Cut off switches.

As added by P.L.145-2015, SEC.3. Amended by P.L.261-2017, SEC.3.
Ind. Code § 8-23-9.5-7 — Indiana Code / Title 8 / Article 23 / Chapter 9.5 / Section 8-23-9.5-7
"Person"
Status: in_force

Sec. 7. As used in this chapter, "person" means an individual, a firm, a partnership, a limited liability company, a joint venture, an association, a corporation, or another legal entity.

As added by P.L.60-2023, SEC.2.
Ind. Code § 8-20-1-5 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-5
Repealed
Status: repealed

Formerly: Acts 1905, c.167, s.5. As amended by P.L.353-1983, SEC.6. Repealed by P.L.86-1988, SEC.227.
Ind. Code § 8-9-7-2 — Indiana Code / Title 8 / Article 9 / Chapter 7 / Section 8-9-7-2
Violation; penalty
Status: in_force

Sec. 2. Any person, firm, or corporation, or lessee or receiver of any person, firm, or corporation, owning or operating any line or lines of steam railroad in this state who shall violate any of the provisions of this chapter by failing or refusing to provide such pilot engineer or other person as provided in section 1 of this chapter shall forfeit and pay to the state of Indiana the sum of fifty dollars ($50) for each and every offense, and each and every day that the violation of any of the provisions of this chapter shall continue shall be deemed to constitute a separate and distinct offense.

Formerly: Acts 1913, c.100, s.2. As amended by P.L.62-1984, SEC.135.
Ind. Code § 8-2.1-19.1-11 — Indiana Code / Title 8 / Article 2.1 / Chapter 19.1 / Section 8-2.1-19.1-11
Coverage exclusion; duty to defend, indemnify; right of contribution
Status: in_force

Sec. 11. (a) An insurance company that excludes coverage described in section 10 of this chapter has no duty to defend or indemnify a claim for coverage that is expressly excluded under a motor vehicle insurance policy.

(b) This chapter does not invalidate or limit an exclusion:

(1) of coverage for a personal vehicle that is:

(A) used to carry an individual or property for a charge; or

(B) available for hire by the public; and

(2) contained in a motor vehicle insurance policy;

including a policy filed under IC 27-1-22-4 or in use in Indiana before July 1, 2015.

(c) An insurance company that defends or indemnifies a claim against a TNC driver for which coverage is excluded under the terms of a motor vehicle insurance policy has a right of contribution against any other insurance company that issues motor vehicle insurance coverage to the TNC driver:

(1) in satisfaction of the requirements of section 8 of this chapter; and

(2) in effect at the time the loss occurs.

As added by P.L.175-2015, SEC.10.
Ind. Code § 8-23-17-16 — Indiana Code / Title 8 / Article 23 / Chapter 17 / Section 8-23-17-16
Allowance for lease or rental of adequate replacement dwelling
Status: in_force

Sec. 16. Except as provided in section 12(3) and 12(4) of this chapter, and in addition to payments otherwise authorized by this chapter, the agency shall make a payment to or for the benefit of a displaced person from a dwelling actually and lawfully occupied by the displaced person for not less than ninety (90) days prior to commencement of code enforcement activities for, or the initiation of negotiations for acquisition of, the dwelling. The payment shall be an amount, not to exceed two thousand five hundred dollars ($2,500), necessary to enable the displaced person to lease or rent an adequate replacement dwelling for a period not to exceed two (2) years, less an amount equal to twenty percent (20%) of the gross monthly income of the displaced person averaged over the previous twelve (12) month period multiplied by twenty-four (24), determined at the time of displacement.

As added by P.L.18-1990, SEC.226.
Ind. Code § 8-23-5-6 — Indiana Code / Title 8 / Article 23 / Chapter 5 / Section 8-23-5-6
Maintenance of state institution roadways
Status: in_force

Sec. 6. (a) The department shall maintain all highways and driveways located on the premises of institutions operated by the state, including the state fairgrounds upon a request for maintenance by the institution. The expense of maintaining a highway or driveway under this subsection shall be paid by the department, subject to the approval of the governor.

(b) The department shall:

(1) maintain public roads, parking areas, trails, and appurtenant structures constructed on properties of the department of natural resources; and

(2) construct new roads, parking areas, trails, and appurtenant structures on properties owned by the department of natural resources:

(A) upon the request of the department of natural resources;

(B) subject to the approval of the engineers of the department of natural resources as to the design and location of the new roads to preserve scenic values; and

(C) subject to the approval of the governor.

As added by P.L.18-1990, SEC.214. Amended by P.L.110-1993, SEC.1; P.L.195-2017, SEC.1.
Ind. Code § 8-2.1-17-5.6 — Indiana Code / Title 8 / Article 2.1 / Chapter 17 / Section 8-2.1-17-5.6
"DNC customer"
Status: in_force

Sec. 5.6. "DNC customer" means an individual who uses a digital network to order the delivery of a good to be delivered by a DNC driver at the direction of the individual.

As added by P.L.215-2023, SEC.5.
Ind. Code § 8-1-42-5 — Indiana Code / Title 8 / Article 1 / Chapter 42 / Section 8-1-42-5
"Nonparticipating property"
Status: in_force

Sec. 5. (a) As used in this chapter, "nonparticipating property" means a lot or parcel of real property:

(1) that is not owned by a project owner; and

(2) with respect to which:

(A) the project owner does not seek:

(i) to install or locate one (1) or more CSE systems or other facilities related to a CSE system project (including power lines, temporary or permanent access roads, or other temporary or permanent infrastructure); or

(ii) to otherwise enter into a lease or any other agreement with the owner of the property for use of all or part of the property in connection with a CSE system project; or

(B) the owner of the property does not consent:

(i) to having one (1) or more CSE systems or other facilities related to a CSE system project (including power lines, temporary or permanent access roads, or other temporary or permanent infrastructure) installed or located; or

(ii) to otherwise enter into a lease or any other agreement with the project owner for use of all or part of the property in connection with a CSE system project.

(b) The term does not include a lot or parcel of real property otherwise described in subsection (a) if the owner of the lot or parcel consents to participate in a CSE system project through a neighbor agreement, a participation agreement, or another similar arrangement or agreement with a project owner.

As added by P.L.90-2022, SEC.2.
Ind. Code § 8-1-38-4 — Indiana Code / Title 8 / Article 1 / Chapter 38 / Section 8-1-38-4
"New electric transmission owner"
Status: in_force

Sec. 4. As used in this chapter, "new electric transmission owner" means a corporation, company, partnership, limited liability company, or other organization that:

(1) on the date of its incorporation or organization, does not own, operate, or maintain an electric transmission facility located in whole or in part in Indiana; and

(2) is incorporated or organized to construct, own, operate, and maintain an electric transmission facility located in whole or in part in Indiana.

As added by P.L.174-2013, SEC.1.
Ind. Code § 8-23-25-3 — Indiana Code / Title 8 / Article 23 / Chapter 25 / Section 8-23-25-3
Investment of funds
Status: in_force

Sec. 3. The treasurer of state may invest the money in the fund in the same manner as other public funds may be invested.

As added by P.L.83-1991, SEC.3.
Ind. Code § 8-9-11-4 — Indiana Code / Title 8 / Article 9 / Chapter 11 / Section 8-9-11-4
Adoption of rules
Status: in_force

Sec. 4. The motor carrier services division of the department of state revenue may adopt rules under IC 4-22-2 to implement and administer this chapter.

As added by P.L.128-2003, SEC.1.
Ind. Code § 8-1-45-2 — Indiana Code / Title 8 / Article 1 / Chapter 45 / Section 8-1-45-2
"Company"
Status: in_force

Sec. 2. (a) As used in this chapter, "company" means any of the following:

(1) A sole proprietorship.

(2) An organization.

(3) An association.

(4) A corporation.

(5) A partnership.

(6) A joint venture.

(7) A limited partnership.

(8) A limited liability partnership.

(9) A limited liability company.

(10) A business association.

(b) The term includes:

(1) a wholly owned subsidiary;

(2) a majority owned subsidiary;

(3) a parent company; or

(4) an affiliate;

of an individual, entity, or association described in subsection (a)(1) through (a)(10).

As added by P.L.49-2025, SEC.1. Amended by P.L.23-2026, SEC.54.
Ind. Code § 8-16-15.5-1 — Indiana Code / Title 8 / Article 16 / Chapter 15.5 / Section 8-16-15.5-1
Definitions
Status: in_force

Sec. 1. The following definitions apply throughout this chapter:

(1) "Bridge" means the White County bridge over the Wabash River that connects White County, Illinois, and Posey County, Indiana. The term includes all approaches and rights of way necessary or desirable for the operation and maintenance of the bridge.

(2) "Bridge authority" means the New Harmony and Wabash River bridge authority created by section 2 of this chapter.

(3) "Commission" refers to the White County bridge commission created by Congressional Act of April 12, 1941, Public Law 77-37, 55 Stat. 140.

As added by P.L.185-2018, SEC.27.
Ind. Code § 8-20-1-8 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-8
Repealed
Status: repealed

Formerly: Acts 1905, c.167, s.8. Repealed by P.L.86-1988, SEC.227.
Ind. Code § 8-9-1-1 — Indiana Code / Title 8 / Article 9 / Chapter 1 / Section 8-9-1-1
Publication and distribution; violation
Status: in_force

Sec. 1. (a) A person operating trains by steam power on railroads shall:

(1) publish printed rules for the control and operation of those trains;

(2) deliver copies of the rules to all persons engaged in the operation of those trains;

(3) file a copy of the rules with the Indiana department of transportation;

(4) instruct employees in the application of those rules; and

(5) examine employees about the rules at least once each six (6) months after employment until the service has continued for eighteen (18) months and at least once every two (2) years thereafter.

(b) A person who fails to comply with this section commits a Class C infraction.

Formerly: Acts 1907, c.272, s.1; Acts 1933, c.209, s.1. As amended by Acts 1978, P.L.2, SEC.832; P.L.384-1987(ss), SEC.87; P.L.18-1990, SEC.96.
Ind. Code § 8-2.1-22-45 — Indiana Code / Title 8 / Article 2.1 / Chapter 22 / Section 8-2.1-22-45
Augmenting, interchanging, or leasing equipment
Status: in_force

Sec. 45. (a) A motor carrier regulated under this chapter that augments equipment, interchanges equipment, or leases equipment, with or without drivers, shall comply with the rules of the department governing lease and interchange of vehicles.

(b) A person who violates this section commits a Class C misdemeanor.

As added by P.L.99-1989, SEC.13. Amended by P.L.205-2025, SEC.49.
Ind. Code § 8-1-1.9-4 — Indiana Code / Title 8 / Article 1 / Chapter 1.9 / Section 8-1-1.9-4
Water or wastewater utility organized after June 2018 subject to IURC jurisdiction
Status: in_force

Sec. 4. (a) Notwithstanding IC 8-1-2.7 and any other law under which a water or wastewater utility is exempt from or may withdraw from the jurisdiction of the commission, a water or wastewater utility that is organized after June 30, 2018, is subject to the jurisdiction of the commission with respect to:

(1) rates and charges;

(2) stocks, bonds, notes, or other evidence of indebtedness;

(3) rules; and

(4) the annual report filing requirement;

for the period of ten (10) years beginning on the day on which the water or wastewater utility is organized.

(b) This section does not affect:

(1) any statutes requiring or permitting a water or wastewater utility to petition the commission before providing service to the public; or

(2) the commission's jurisdiction regarding statutes and petitions referred to in subdivision (1).

As added by P.L.126-2018, SEC.1. Amended by P.L.160-2020, SEC.2.
Ind. Code § 8-15.5-13-7 — Indiana Code / Title 8 / Article 15.5 / Chapter 13 / Section 8-15.5-13-7
Prohibition of contributions to candidate or committee
Status: in_force

Sec. 7. An operator or a person who has an interest in an operator may not make a contribution to a candidate or a committee during the following periods:

(1) The term during which the operator is a party to a public-private agreement entered into under this article.

(2) The three (3) years following the final expiration or termination of the public-private agreement described in subdivision (1).

As added by P.L.47-2006, SEC.39.
Ind. Code § 8-1.5-2-4 — Indiana Code / Title 8 / Article 1.5 / Chapter 2 / Section 8-1.5-2-4
Sale of nonsurplus property; writing providing for appraisal; sufficiency of written contracts with appraisers
Status: in_force

Sec. 4. Whenever the municipal legislative body or the municipal executive determines to sell or otherwise dispose of nonsurplus municipally owned utility property, it shall provide for the following in a writing that shall be made available, upon request, for inspection and copying at the offices of the municipality's municipally owned utility in accordance with IC 5-14-3:

(1) The appointment, as follows, of three (3) residents of Indiana to serve as appraisers:

(A) One (1) disinterested person who is an engineer licensed under IC 25-31-1.

(B) One (1) disinterested appraiser licensed under IC 25-34.1.

(C) One disinterested person who is either:

(i) an engineer licensed under IC 25-31-1; or

(ii) an appraiser licensed under IC 25-34.1.

(2) The appraisal of the property.

(3) The time that the appraisal is due.

It is sufficient for purposes of this section that the municipal legislative body or municipal executive provides for the appointment in written contracts with the appraisers or the firms with whom the appraisers are employed.

As added by Acts 1982, P.L.74, SEC.1. Amended by P.L.113-2006, SEC.2; P.L.103-2008, SEC.2; P.L.68-2015, SEC.2; P.L.98-2016, SEC.7; P.L.229-2019, SEC.7.
Ind. Code § 8-4-7-3 — Indiana Code / Title 8 / Article 4 / Chapter 7 / Section 8-4-7-3
Certificate of incorporation; powers and duties
Status: in_force

Sec. 3. Such certificate of incorporation shall be signed by the president or vice president and attested by the secretary of each of said proprietary companies, and shall be sealed with its corporate seal, and shall be acknowledged by the respective companies by their said officers, before some person authorized to take and certify the acknowledgments of conveyances of real estate, and shall be filed and recorded in the recorder's office of the county or counties in which said union railway company may be situated; and upon the filing of such certificate as aforesaid, the union company so formed shall be a corporation of this state, with all the powers incident thereto, and such other powers as are conferred by this chapter.

Formerly: Acts 1885, c.20, s.3. As amended by P.L.62-1984, SEC.49.
Ind. Code § 8-23-16-5 — Indiana Code / Title 8 / Article 23 / Chapter 16 / Section 8-23-16-5
Right to select defense counsel; relieve from civil damages
Status: in_force

Sec. 5. This chapter may not be construed to:

(1) deprive a member of the right to select defense counsel at the member's own expense; or

(2) relieve a member from responsibility in civil damages.

As added by P.L.18-1990, SEC.225.
Ind. Code § 8-23-14-1 — Indiana Code / Title 8 / Article 23 / Chapter 14 / Section 8-23-14-1
Rates
Status: in_force

Sec. 1. The department is prohibited from renting equipment for its use when the total cost of the proposed rental over the anticipated period of use of the equipment exceeds the original cost of the equipment to be rented. The rent to be paid by the department shall not exceed the figures listed in the most recent issue of "Compilation of Rental Rates for Construction Equipment" as prepared and distributed by the Associated Equipment Distributors. This section does not preclude the department from renting equipment fully operated or from agreeing to pay the operators of the equipment rented and agreeing to pay for the gasoline, fuel oil, or repairs during the rental period, in addition to the rent for the use of any equipment.

As added by P.L.18-1990, SEC.223.