Ind. Code § 8-1-13-11 — Indiana Code / Title 8 / Article 1 / Chapter 13 / Section 8-1-13-11
Enumerated powers of corporation
Status: in_force

Sec. 11. A corporation created under this chapter may do any and all acts or things necessary or convenient for carrying out the purpose for which it was formed, including the following powers:

(1) To sue and be sued.

(2) To have a seal and alter the same at pleasure.

(3) To acquire, hold and dispose of property, real and personal, tangible and intangible, or any interest in the property and to pay in cash or on credit, and to secure and procure payment of all or any part of the purchase price on the terms and conditions as the board shall determine.

(4) To acquire, own, exchange, operate, maintain, and improve a system or systems.

(5) To pledge all or any part of its revenues or mortgage or otherwise encumber all or any part of its property for the purpose of securing the payment of the principal of and interest on any of its obligations.

(6) To construct, operate, and maintain works across or along any street or public highway, or over any lands which are now or may be the property of this state or any political subdivision thereof, after obtaining the necessary franchise or permit therefor. Before any works are constructed across or along a highway in the state highway system, the corporation shall obtain the permit of the Indiana department of transportation to do so, and the location and setting of the works shall be approved by and subject to the supervision of the Indiana department of transportation. Before any works are constructed on or across lands belonging to the state, the corporation shall first obtain the permit of the department of the state having charge of the lands to do so, and the location and setting of the works shall be approved by and subject to the supervision of the department. The works shall be erected and maintained so as not to interfere with the use and maintenance of the streets, highways, and lands, and no pole or appliance shall be located so as to interfere with the ingress or egress from any premises on the street or highway. Nothing in this section shall deprive the body having charge of the street or highway to require the relocation of any pole or appliance which may affect the proper use of the street or highway for public travel, for drainage or for the repair, construction, or reconstruction of the street or highway. The corporation shall restore the street, highway, or lands to its former condition or state as near as may be and shall not use the same in a manner to impair unnecessarily its usefulness or to injure the property of others.

(7) To accept gifts or grants of property, real or personal, from any person, municipality, or federal agency and to accept voluntary and uncompensated services.

(8) To make any and all contracts necessary or convenient for the full exercise of the powers in this chapter granted, including, without limiting the generality of the foregoing, contracts with any person, federal agency, or municipality for the purchase of energy needed by the corporation to supply its members; for the management and conduct of the business of the corporation; for the fixing of the rates, fees, or charges for service rendered or to be rendered by the corporation subject, however, to the approval of the commission as to all the rates, fees, or charges for energy in the same manner and to the same extent as is provided by law for the regulation of the rates, fees, or charges of public utilities.

(9) To sell, lease, mortgage, or otherwise encumber or dispose of all or any part of its property as provided in this chapter.

(10) To contract debts, borrow money, and to issue or assume the payment of obligations.

(11) To levy and collect reasonable fees, rents, tolls, and other charges for service rendered, subject to the approval of the commission.

(12) To perform any and all of the foregoing acts and to do any and all of the foregoing things under, through or by means of its own officers, agents, and employees, or by contracts with any person, federal agency, or municipality.

(13) To exercise the right of eminent domain in the manner provided by law.

(14) To recover, after a period of two (2) years, any unclaimed stocks, dividends, capital credits, patronage refunds, utility deposits, membership fees, account balances, or book equities for which the owner cannot be found and are the result of distributable savings of the corporation returned to the members on a pro rata basis pursuant to section 17 of this chapter.

Formerly: Acts 1935, c.175, s.11; Acts 1937, c.258, s.7. As amended by Acts 1977, P.L.102, SEC.2; Acts 1980, P.L.74, SEC.35; Acts 1981, P.L.106, SEC.1; P.L.23-1988, SEC.48; P.L.18-1990, SEC.27.
Ind. Code § 8-1.5-4-10 — Indiana Code / Title 8 / Article 1.5 / Chapter 4 / Section 8-1.5-4-10
Secured debt or charge
Status: in_force

Sec. 10. (a) The board may authorize and set apart bonds equal to the amount of any secured debt or charge subject to which a waterworks may be purchased or acquired in any proceeding, and shall set aside for interest and sinking fund from the income and revenue of the waterworks a sum sufficient to comply with the requirements of the instrument creating the lien or securing the charge.

(b) If the instrument does not make any provision, the board shall set aside into the secured-debt account from month to month for interest on the secured debt or charge an amount sufficient to provide for the payment of the interest on the secured debt or charge, and at the option of the board either an annual amount sufficient to retire the secured debt or charge at maturity or bonds issued under this chapter equal to the secured debt or charge. Any surplus after satisfying the secured debt or charge may be transferred to the bond and interest redemption account.

(c) Waterworks bonds set aside for a debt may, from time to time, be issued in an amount sufficient with the amount then in the sinking fund to pay and retire the debt or any part thereof. The bonds may not be issued at less than par value in exchange for, or satisfaction of, the secured debt or charge, or may be sold in the manner provided by this chapter, and the proceeds applied in payment of the same at maturity or before maturity by agreement with the holder. A municipality acquiring a waterworks does not assume any liability for the payment of a secured debt or charge, other than the obligation to apply the revenues in the manner prescribed in the ordinance.

As added by Acts 1982, P.L.74, SEC.1.
Ind. Code § 8-1-39-17 — Indiana Code / Title 8 / Article 1 / Chapter 39 / Section 8-1-39-17
Adoption of rules
Status: in_force

Sec. 17. The commission may adopt by rule under IC 4-22-2 or by order other procedures not inconsistent with this chapter that the commission finds reasonable or necessary to administer a TDSIC.

As added by P.L.133-2013, SEC.5.
Ind. Code § 8-10-1-6 — Indiana Code / Title 8 / Article 10 / Chapter 1 / Section 8-10-1-6
Repealed
Status: repealed

Formerly: Acts 1961, c.11, s.6. As amended by P.L.66-1984, SEC.2. Repealed by P.L.1-1989, SEC.75.
Ind. Code § 8-1-29-1 — Indiana Code / Title 8 / Article 1 / Chapter 29 / Section 8-1-29-1
"Customer" defined
Status: in_force

Sec. 1. As used in this chapter, "customer" means a person to whom telecommunications services are provided.

As added by P.L.92-1998, SEC.2.
Ind. Code § 8-23-20-14 — Indiana Code / Title 8 / Article 23 / Chapter 20 / Section 8-23-20-14
Injunctions; criminal proceedings
Status: in_force

Sec. 14. Whenever the attorney general receives a resolution under section 13 of this chapter, the attorney general shall commence an action in a court having jurisdiction to enjoin the violation of this chapter. The attorney general may also request the prosecuting attorney of the judicial circuit in which the violation has occurred to institute criminal proceedings against the persons responsible for violation of this chapter. The prosecuting attorney shall institute criminal proceedings if requested to do so by the attorney general.

As added by P.L.18-1990, SEC.229.
Ind. Code § 8-4-1-1 — Indiana Code / Title 8 / Article 4 / Chapter 1 / Section 8-4-1-1
Incorporation
Status: in_force

Sec. 1. (a) A railroad may incorporate under any of the following:

(1) Before July 1, 2017, this chapter.

(2) The Indiana Business Corporation Law (IC 23-1) (before its repeal).

(3) Any other applicable statute.

After June 30, 2017, a railroad may not incorporate under this chapter.

(b) Any number of persons, not less than fifteen (15), being subscribers to the stock of any contemplated railroad may be formed into a corporation for the purpose of constructing, owning, and maintaining such railroad by complying with the following requirements:

(1) Whenever stock to the amount (measured by the consideration to be received therefor) of at least fifty thousand dollars ($50,000), or one thousand dollars ($1,000) for each and every mile of the proposed road, shall have been subscribed, the subscribers to such stock shall elect directors for such company from their own number and shall severally subscribe articles of association in which shall be set forth the following:

(A) The name of the corporation.

(B) The total number of shares into which its authorized capital stock is to be divided.

(C) Whether all or part of said shares are to have a par value and if so, the number and par value of such shares.

(D) Whether all or part of said shares are to be without par value and if so, the number of such shares.

(E) The consideration for which the company may issue and sell its shares without par value or authorization to the board of directors to fix such consideration from time to time.

(F) If said shares are to be divided into classes or kinds, the designations of the different classes, the number and par value, if any, of the shares of each class, and a statement of the relative rights, preferences, limitations, restrictions, and voting rights of each class.

(G) The number of directors and their names to manage the affairs of the company.

(H) The names of the place from which and the place to which the proposed road is to be constructed and each county into which or through which it is intended to pass.

(I) Its length as near as may be.

(2) Each subscriber to such articles of association shall state the subscriber's place of residence and the number and class (if there be more than one (1) class) of shares taken by the subscriber in such company.

Formerly: Acts 1852, 1RS, c.83, s.1; Acts 1933, c.101, s.7. As amended by P.L.75-1990, SEC.1; P.L.146-2017, SEC.5.
Ind. Code § 8-14.5-8-2 — Indiana Code / Title 8 / Article 14.5 / Chapter 8 / Section 8-14.5-8-2
Requirement
Status: in_force

Sec. 2. To approve a project under this chapter, the department must determine that the crossing is at a stage of critical need.

As added by P.L.218-2017, SEC.68.
Ind. Code § 8-4-11-1 — Indiana Code / Title 8 / Article 4 / Chapter 11 / Section 8-4-11-1
Authority to construct and operate
Status: in_force

Sec. 1. Any railroad company organized under any general law of this state is hereby empowered to extend its road, from time to time, beyond either terminus fixed in its articles of association, and to construct, or cause to be constructed, to own and operate such extension or extensions, in the same manner, and to the same extent, as if such extension or extensions had been included between the termini named in its original articles of association: Provided, however, That before any such extension or extensions are commenced, the same shall be authorized by resolutions adopted by the holders of a majority, in value, of the capital stock of the company proposing to extend its road, and such resolutions shall specify the point from and the point to which such extension is to be made, and the township or townships and county or counties into or through which the same is to be constructed; and a copy of such resolution, signed by the president and attested by the secretary of said company, under its corporate seal, shall be filed in the office of the secretary of state of this state.

Formerly: Acts 1879, c.28, s.1.
Ind. Code § 8-1-8.9-18 — Indiana Code / Title 8 / Article 1 / Chapter 8.9 / Section 8-1-8.9-18
SNG property interest; successor obligations
Status: in_force

Sec. 18. Any entity that becomes a successor to an energy utility as the result of:

(1) any bankruptcy, reorganization, or other insolvency proceeding;

(2) any merger, sale, or transfer involving the energy utility; or

(3) the operation of law;

or for any other reason, shall perform and satisfy any obligations of the energy utility incurred under this chapter in the same manner and to the same extent as the energy utility would have been obligated to perform, including the obligation to pay to an assignee any funds collected by the energy utility in connection with the SNG property interest assigned to the assignee.

As added by P.L.175-2007, SEC.21.
Ind. Code § 8-15-2-23 — Indiana Code / Title 8 / Article 15 / Chapter 2 / Section 8-15-2-23
Additional powers relating to bonds
Status: in_force

Sec. 23. (a) The authority, in addition to the other powers conferred upon it under this chapter, may do the following:

(1) Provide for refunding or advance refunding of any outstanding bonds by the issuance of bonds to refund outstanding bonds and to pay any redemption premiums and the costs of refunding whenever the authority shall find that it is in the public interest for any one (1) or more of the following reasons to proceed with such refunding or advance refunding:

(A) To modify or effect release from restrictive covenants applicable to outstanding bonds which may impede any additional financing by the authority.

(B) To effect a benefit to the authority because:

(i) a net savings to the authority will be effected; or

(ii) the net present value of principal and interest payments on the revenue refunding bonds is less than the net present value of the principal and interest payments on the outstanding bonds to be refunded.

(C) To purchase outstanding bonds tendered to the authority at less than the then applicable redemption price.

IC 8-9.5-8-10 does not apply to the issuance of refunding bonds under this subdivision, except that before the authority may issue refunding bonds it must obtain the approval of the Indiana department of transportation and the budget agency. Bonds may be issued under clauses (A), (B), and (C) separately, or in combination with bonds under either or both of the other parts. However, the total of any issue under clause (C) shall not exceed the total purchase price of any tendered bonds and the costs of refunding. Also, bonds issued under clauses (A), (B), and (C) may be combined with an issue for any toll road project or toll road projects. Prior to any issue under clause (C), the authority may seek tenders upon such notice as it deems appropriate, conditioned upon the issuance of bonds by the authority in its discretion after a review of the number of bonds tendered and the tender price.

(2) Subject to IC 8-9.5-8-10, issue bonds, either junior to or of equal priority with any outstanding bonds, to finance a toll road project or toll road projects and to pledge to the payment of such bonds the net revenues of such toll road project or toll road projects and of any other toll road project or toll road projects, regardless of when constructed. Any such pledge shall not be superior to any existing pledge of revenues to the payment of any outstanding bonds. In any such issue of bonds, interest costs for the period of construction and to such time as adequate revenues are estimated to be available for payment of such interest may be included in the amount of such issue as a part of the project cost and capitalized as a part of such issue. Bonds authorized under subdivision (1) may be combined with bonds authorized under this subdivision in a single issue. Any bonds issued after June 30, 1974, may be equally and ratably secured by the revenues pledged.

(3) Continue to levy and collect tolls on any toll road project, regardless of when constructed, in an amount sufficient to maintain and operate such road, and pay and discharge the obligations of any bonds issued on account of such project or any bonds issued under subdivision (1) and any bonds issued under subdivision (2) for any other toll road project or toll road projects constructed after June 30, 1974.

(b) The procedures for fixing tolls and issuing and selling bonds established in this chapter shall apply to the exercise of any powers under this section, except that any bonds issued under subsection (a)(1)(A) may be exchanged with the holders of outstanding bonds for bonds of equal maturity value if the authority finds such exchange a desirable method of achieving the result contemplated in subsection (a)(1)(A). Any bonds issued under this section may be sold at private or negotiated sale if the authority so determines. The authority need not comply with the requirements of any other law applicable to the issuance of bonds other than those set forth in this chapter and IC 8-9.5-8-10. This section shall be regarded as conferring additional and supplemental powers upon the authority and not to be in derogation of any other powers, and to the extent of any inconsistency between this section and any other provision of this chapter, this section shall prevail.

Formerly: Acts 1974, P.L.34, SEC.1. As amended by Acts 1980, P.L.74, SECS.254, 255; P.L.109-1983, SEC.27; P.L.18-1990, SEC.133.
Ind. Code § 8-1-11.1-18 — Indiana Code / Title 8 / Article 1 / Chapter 11.1 / Section 8-1-11.1-18
Application of chapter to currently held or acquired utilities
Status: in_force

Sec. 18. Whenever in any sections of this chapter any provisions are made applying or relating to any public utility or utility property owned, held, or acquired by said city, all such provisions shall apply and relate also to any public utility and utility property which said city may hold, possess, be entitled to, or in any manner acquire in trust for the use and benefit of the inhabitants thereof.

[Pre-Local Government Recodification Citation: 19-3-24-18.]

As added by Acts 1981, P.L.11, SEC.43.
Ind. Code § 8-23-30-2 — Indiana Code / Title 8 / Article 23 / Chapter 30 / Section 8-23-30-2
Establishment of fund; budget committee review; transfer and distribution of money in fund
Status: in_force

Sec. 2. (a) The local road and bridge matching grant fund is established to provide matching grants to local units for eligible projects.

(b) The department shall administer the fund.

(c) The fund consists of the following:

(1) Appropriations by the general assembly.

(2) Interest deposited in the fund under subsection (d).

(3) Money deposited in or transferred to the fund from any other source.

(d) The treasurer of state shall invest money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the fund.

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

(f) Not later than June 1, 2025, the department shall report to the state comptroller the amount of matching grants awarded by the department from the fund in the state fiscal year beginning July 1, 2024, and ending June 30, 2025, that the department will not distribute before July 1, 2025.

(g) The state comptroller shall determine the balance of the money in the fund on June 15, 2025, and on June 15 of each year thereafter. After determining the balance of money in the fund under this subsection, the money in the fund must be allocated in accordance with subsection (h), transferred in accordance with subsections (i) and (j), and distributed in accordance with subsection (k).

(h) After determining the balance of the money in the fund under subsection (g), the money in the fund must first be allocated as follows:

(1) On June 30, 2025, the department must allocate the total of the amount determined under subsection (f) plus one hundred million dollars ($100,000,000) of money in the fund to make matching grants in the state fiscal year beginning July 1, 2025, and ending June 30, 2026, to all local units. The department may not award more than one hundred seventy-five million dollars ($175,000,000) of matching grants in the state fiscal year beginning July 1, 2025, and ending June 30, 2026. The department may not award a local unit more than one (1) matching grant in the state fiscal year beginning July 1, 2025, and ending June 30, 2026.

(2) On June 30, 2026, and June 30 of each year thereafter, the department must allocate the first one hundred million dollars ($100,000,000) of money in the fund to make matching grants in the next state fiscal year to all local units.

(i) After the department allocates the money in the fund under subsection (h), the state comptroller shall make the following five (5) transfers:

(1) On June 30, 2026, a transfer of:

(A) to the state general fund, the total amount of the state tax credits certified for 2025 by the department of state revenue under IC 6-3.1-38.1-8(c); and

(B) to the department, an amount equal to twenty million dollars ($20,000,000) minus the amount under clause (A) for deposit in the state highway road construction and improvement fund established under IC 8-14-10 for the department's use in financing a railroad crossing upgrade project as described in IC 8-14.5-8.

(2) On June 30, 2027, a transfer of:

(A) to the state general fund, the total amount of the state tax credits certified for 2026 by the department of state revenue under IC 6-3.1-38.1-8(c); and

(B) to the department, an amount equal to twenty million dollars ($20,000,000) minus the amount under clause (A) for deposit in the state highway road construction and improvement fund established under IC 8-14-10 for the department's use in financing a railroad crossing upgrade project as described in IC 8-14.5-8.

(3) On June 30, 2028, a transfer of:

(A) to the state general fund, the total amount of the state tax credits certified for 2027 by the department of state revenue under IC 6-3.1-38.1-8(c); and

(B) to the department, an amount equal to twenty million dollars ($20,000,000) minus the amount under clause (A) for deposit in the state highway road construction and improvement fund established under IC 8-14-10 for the department's use in financing a railroad crossing upgrade project as described in IC 8-14.5-8.

(4) On June 30, 2029, a transfer of twenty million dollars ($20,000,000) to the department for deposit in the state highway road construction and improvement fund established under IC 8-14-10 for the department's use in financing a railroad crossing upgrade project as described in IC 8-14.5-8.

(5) On June 30, 2030, a transfer of twenty million dollars ($20,000,000) to the department for deposit in the state highway road construction and improvement fund established under IC 8-14-10 for the department's use in financing a railroad crossing upgrade project as described in IC 8-14.5-8.

(j) Beginning on June 30, 2027, and on June 30 of each year thereafter, after the department allocates the money under subsection (h) and the state comptroller makes a transfer under subsection (i), when applicable, the state comptroller shall transfer fifty million dollars ($50,000,000) of money in the fund to the consolidated city in Marion County for the construction, reconstruction, and preservation of the consolidated city's local streets (as defined in IC 8-14-2-1(9)). The following apply to a transfer under this subsection:

(1) The consolidated city in Marion County shall not use these revenues for:

(A) reducing the capacity of existing roads and streets;

(B) greenways;

(C) bike lanes;

(D) bike trails; and

(E) sidewalks.

(2) The money distributed to the consolidated city under this subsection shall be matched with an appropriation by the consolidated city as follows:

(A) For the transfer made on June 30, 2027, the consolidated city must provide a match of fifty million dollars ($50,000,000), all of which must be new revenue and may not include any other distributions made to the consolidated city under this title.

(B) For the transfer made on June 30, 2028, the consolidated city must provide a match of seventy million dollars ($70,000,000), of which twenty million dollars ($20,000,000) must be new revenue and may not include any other distributions made to the consolidated city under this title or previously used to make a match under this subdivision.

(C) For the transfer made on June 30, 2029, the consolidated city must provide a match of eighty million dollars ($80,000,000), of which ten million dollars ($10,000,000) must be new revenue and may not include any other distributions made to the consolidated city under this title or previously used to make a match under this subdivision.

(D) For the distribution made on June 30, 2030, the consolidated city must provide a match of ninety million dollars ($90,000,000), of which ten million dollars ($10,000,000) must be new revenue and may not include any other distributions made to the consolidated city under this title or previously used to make a match under this subdivision.

(E) For the transfer made on June 30, 2031, and for the transfers made on June 30 each year thereafter, the consolidated city must provide a match of one hundred million dollars ($100,000,000), of which ten million dollars ($10,000,000) must be new revenue and may not include any other distributions made to the consolidated city under this title or previously used to make a match under this subdivision.

(3) The appropriation required to be made by the consolidated city under this subsection may not include revenue allocated to public safety purposes under IC 6-3.6-6.

(4) The transfer under this subsection continues until the consolidated city is unable to provide the match required under subdivision (2). The consolidated city shall notify the state comptroller not later than December 31 of the calendar year prior to a transfer if the consolidated city is able to provide the match required under subdivision (2). The state comptroller may not make a transfer on June 30 of the year the consolidated city cannot provide the match required under subdivision (2) or on June 30 of any subsequent years.

(5) If the transfer under this subsection ends, the consolidated city must use any remaining funds that were used to provide a match under subdivision (2) only for the construction, reconstruction, and preservation of the city's local streets (as defined in IC 8-14-2-1(9)) and may not use the funds for any of the purposes provided in subdivision (1) or for any other purpose.

(k) On June 30, 2026, after the state comptroller makes a transfer under subsection (i), and on June 30 of each year thereafter, after the state comptroller makes a transfer under subsection (j), the state comptroller shall distribute the remainder of the money in the fund, as follows:

(1) To be eligible to receive a distribution under this subsection, a local unit must have:

(A) adopted a wheel tax and vehicle excise tax; and

(B) provided the local technical assistance program at Purdue University with an updated transportation asset management plan within the last twelve (12) months.

(2) The distribution to a local unit eligible to receive a distribution under subdivision (1) must be proportional to the local unit's share of the total lane mileage for all local units eligible to receive a distribution under subdivision (1). The department shall provide to the state comptroller the total lane mileage for purposes of making the distribution under this subsection.

A local unit may use a distribution made under this subsection only for eligible projects. A local unit that is eligible for a distribution under this subsection may receive a matching grant under this chapter, subject to the limits provided in section 3.5 of this chapter.

(l) Money in the fund is continuously appropriated for the purpose of the fund.

(m) Money in the fund may not be transferred, assigned, or otherwise removed from the fund by the state board of finance, the budget agency, or any other agency until after budget committee review, except for either or both of the following purposes:

(1) The department may distribute funds to a local unit that has been approved for a grant under this chapter without budget committee review.

(2) To transfer money in the fund under subsections (i) and (j) and to make a distribution under subsection (k) without budget committee review.

As added by P.L.146-2016, SEC.16. Amended by P.L.165-2021, SEC.134; P.L.173-2025, SEC.28; P.L.147-2026, SEC.11.
Ind. Code § 8-4-2-2 — Indiana Code / Title 8 / Article 4 / Chapter 2 / Section 8-4-2-2
Special annual meeting of shareholders; publication or delivery of notice
Status: in_force

Sec. 2. The special or annual meeting of the stockholders at which the question of the approval of such amendment is to be submitted shall be called by delivering personally, or depositing in the post-office stamped and addressed to each stockholder at such address as appears upon the records of the company, at least ten (10) days before the time fixed for such meeting, a notice, stating the time, place and object of such meeting.

Formerly: Acts 1933, c.101, s.2; Acts 1939, c.65, s.2.
Ind. Code § 8-1-34-16 — Indiana Code / Title 8 / Article 1 / Chapter 34 / Section 8-1-34-16
Commission as sole franchising authority; application; confidential information; filing fee; level of specificity in identifying service areas or planned service areas; programming information not required
Status: in_force

Sec. 16. (a) Except as provided in section 21 of this chapter, after June 30, 2006:

(1) the commission is the sole franchising authority (as defined in 47 U.S.C. 522(10)) for the provision of video service in Indiana; and

(2) a unit may not:

(A) require a provider to obtain a separate franchise;

(B) impose any fee, gross receipt tax, licensing requirement, rate regulation, or build-out requirement on a provider;

(C) regulate a holder or provider; or

(D) establish, fund, or otherwise designate an agency, a board, or another subordinate entity to monitor, supervise, evaluate, or regulate the holder or provider;

except as authorized by this chapter.

(b) Except as provided in section 21 of this chapter, a person who seeks to provide video service in Indiana after June 30, 2006, shall file with the commission an application for a franchise. The application shall be made on a form prescribed by the commission and must include the following:

(1) A sworn affidavit, signed by an officer or another person authorized to bind the applicant, that affirms the following:

(A) That the applicant has filed or will timely file with the Federal Communications Commission all forms required by the Federal Communications Commission before offering video service in Indiana.

(B) That the applicant agrees to comply with all federal and state statutes, rules, and regulations applicable to the operation of the applicant's video service system.

(C) That the applicant agrees to:

(i) comply with any local ordinance or regulation governing the use of public rights-of-way in the delivery of video service; and

(ii) recognize the police powers of a unit to enforce the ordinance or regulation.

(D) If the applicant will terminate an existing local franchise under section 21 of this chapter, that the applicant agrees to perform any obligations owed to any private person, as required by section 22 of this chapter.

(2) The applicant's legal name and any name under which the applicant does or will do business in Indiana, as authorized by the secretary of state.

(3) The address and telephone number of the applicant's principal place of business, along with contact information for the person responsible for ongoing communications with the commission.

(4) The names and titles of the applicant's principal officers.

(5) The legal name, address, and telephone number of the applicant's parent company, if any.

(6) A description of each service area in Indiana to be served by the applicant. A service area described under this subdivision may include an unincorporated area in Indiana.

(7) The expected date for the deployment of video service in each of the areas identified in subdivision (6).

(8) A list of other states in which the applicant provides video service.

(9) If the applicant will terminate an existing local franchise under section 21(b) of this chapter, a copy of the written notice sent to the municipality under section 21(c) of this chapter.

(10) Any other information the commission considers necessary to:

(A) monitor the provision of video service to Indiana customers; and

(B) prepare the commission's annual report under IC 8-1-1-14(c)(4).

(c) This section does not empower the commission to require:

(1) an applicant to disclose confidential and proprietary business plans and other confidential information without adequate protection of the information; or

(2) a provider to disclose more frequently than in each odd numbered year information regarding the areas in which an applicant has deployed, or plans to deploy, video services.

The commission shall exercise all necessary caution to avoid disclosure of confidential information supplied under this section.

(d) The commission may charge a fee for filing an application under this section. Any fee charged by the commission under this subsection may not exceed the commission's actual costs to process and review the application under section 17 of this chapter.

(e) Nothing in this title may be construed to require an applicant or a provider to disclose information that identifies by census block, street address, or other similar level of specificity the areas in which the applicant or provider has deployed, or plans to deploy, video service in Indiana. The commission may not disclose, publish, or report by census block, street address, or other similar level of specificity any information identifying the areas in Indiana in which an applicant or a provider has deployed, or plans to deploy, video service.

(f) Nothing in this title may be construed to require an applicant or provider to provide the commission with information describing the applicant's or provider's programming, including the applicant's or provider's channel lineups or channel guides.

As added by P.L.27-2006, SEC.58. Amended by P.L.183-2006, SEC.1; P.L.59-2011, SEC.1; P.L.219-2011, SEC.4; P.L.53-2014, SEC.81; P.L.177-2021, SEC.10; P.L.71-2022, SEC.7.
Ind. Code § 8-14-1-1 — Indiana Code / Title 8 / Article 14 / Chapter 1 / Section 8-14-1-1
Definitions
Status: in_force

Sec. 1. As used in this chapter:

(1) "Motor vehicle highway account" means the account of the general fund of the state known as the "motor vehicle highway account" to which is credited collections from motor vehicle registration fees, licenses, driver's and chauffeur's license fees, gasoline taxes, auto transfer fees, certificate of title fees, weight taxes or excise taxes and all other similar special taxes, duties or excises of all kinds on motor vehicles, trailers, motor vehicle fuel, or motor vehicle owners or operators. The account also includes amounts distributed to the fund by the bureau of motor vehicles under IC 9.

(2) The term "department" refers to the Indiana department of transportation.

(3) The term "highways" includes roadway, rights of way, bridges, drainage structures, signs, guard rails, protective structures in connection with highways, drains, culverts, and bridges and the substructure and superstructure of bridges and approaches thereto and streets and alleys of cities or towns.

(4) The term "construction" means the planning, supervising, inspecting, actual building, draining, and all expenses incidental to the construction of a highway.

(5) The term "reconstruction" means a widening or a rebuilding of the highway or any portion thereof.

(6) The term "maintenance" when used in reference to cities, towns, and counties as applied to that part of the highway other than bridges, means the constant making of needed repairs, to preserve a smooth surfaced highway, adequately drained, marked and guarded by protective structures for public safety and, as to bridges, means the constant making of needed repairs to preserve a smooth surfaced highway thereon and the safety and preservation of the bridge and its approaches, together with the substructure and superstructure thereof; and such term also means and includes the acquisition and use, in any manner, of all needed equipment, fuel, materials, and supplies essential and incident thereto.

(7) The term "preservation" means the preventative treatment, nonstructural treatment, rehabilitation, or structural repairs made to transportation infrastructure and related drainage that are included in an asset management plan approved by the Indiana department of transportation in collaboration with the local technical assistance program at Purdue University.

(8) The term "vehicle registration" means the number of vehicles subject to registration under IC 9-18 (before January 1, 2017) or IC 9-18.1 (after December 31, 2016) which are registered thereunder, and, when used with respect to the state, shall mean the number of vehicles registered in the state and, when used in respect to a county, city, or town, shall mean the number of vehicles registered by owners resident in the county, city, or town.

Formerly: Acts 1941, c.168, s.1. As amended by Acts 1980, P.L.74, SEC.213; P.L.18-1990, SEC.106; P.L.2-1991, SEC.59; P.L.145-2011, SEC.2; P.L.216-2014, SEC.8; P.L.257-2017, SEC.17; P.L.185-2018, SEC.20.
Ind. Code § 8-1.5-4-12 — Indiana Code / Title 8 / Article 1.5 / Chapter 4 / Section 8-1.5-4-12
Bonds; additional issue or issues for extension, addition, or improvement
Status: in_force

Sec. 12. A board acquiring waterworks and paying for them and for extensions and betterments authorized at the time of acquisition may provide for the extension, addition, or improvement of the waterworks by an additional issue or issues of bonds. A board may issue new bonds in the manner provided in this chapter and secured in the same manner, to provide funds for the payment of the principal and interest of any bonds then outstanding.

As added by Acts 1982, P.L.74, SEC.1.
Ind. Code § 8-17-4.1-5 — Indiana Code / Title 8 / Article 17 / Chapter 4.1 / Section 8-17-4.1-5
Annual operational report
Status: in_force

Sec. 5. The governing body shall prepare by April 15 of each year an operational report for the prior calendar year of the department within the county or municipality that has road and street responsibilities.

Formerly: Acts 1971, P.L.103, SEC.1. As amended by P.L.86-1988, SEC.119; P.L.173-2003, SEC.10.
Ind. Code § 8-1-44-1 — Indiana Code / Title 8 / Article 1 / Chapter 44 / Section 8-1-44-1
"Certificate of public convenience and necessity"
Status: in_force

Sec. 1. As used in this chapter, "certificate of public convenience and necessity", or "CPCN", means a certificate required under IC 8-1-8.5-2 for the construction, purchase, or lease of any facility for the generation of electricity to be directly or indirectly used for the furnishing of public utility service.

As added by P.L.137-2025, SEC.1.
Ind. Code § 8-21-12-16 — Indiana Code / Title 8 / Article 21 / Chapter 12 / Section 8-21-12-16
Loans to the authority
Status: in_force

Sec. 16. The authority may negotiate terms and borrow money from any source under a loan contract, subject to the following requirements:

(1) The loan contract must be approved by resolution of the authority.

(2) The loan contract must provide for the repayment of the loan in not more than forty (40) years.

(3) The loan contract must state that the indebtedness is that of the authority, is payable solely from revenues of the authority that are derived from either airport operations or from revenue bonds, and may not be paid by a tax levied on property located within the state.

As added by P.L.28-1991, SEC.2.
Ind. Code § 8-2.1-17-11 — Indiana Code / Title 8 / Article 2.1 / Chapter 17 / Section 8-2.1-17-11
"Motor vehicle"
Status: in_force

Sec. 11. "Motor vehicle" means a truck, a tractor, a trailer, a semitrailer, a motor bus or another self-propelled or motor driven vehicle that is operated upon a public highway for the purpose of transporting persons or property for hire.

As added by P.L.99-1989, SEC.8.
Ind. Code § 8-1-11.1-10 — Indiana Code / Title 8 / Article 1 / Chapter 11.1 / Section 8-1-11.1-10
Tax levy to pay for bonds; utility district bond fund
Status: in_force

Sec. 10. For the purpose of raising money to pay all bonds issued as provided in section 8 of this chapter, and the interest thereon, to the extent that moneys are not available therefor in the judgment of the board of directors for utilities from the operations of said utility plant or plants so owned by said city, the board of directors for utilities, as an official board of said utility district, is hereby empowered to levy, and shall levy each year, a special tax upon all the property of said utility district in such manner as to meet and pay the principal of said bonds as they severally mature, together with all accruing interest thereon. Said board of directors shall cause said tax so levied each year to be certified to the city controller of said city and the auditor of the county in which said utility district is located, on or before the first day of October of each year. Such tax so levied and certified shall be estimated and entered upon the tax duplicate by the auditor, and shall be collected and enforced by the county treasurer in the same manner as state and county taxes are estimated, entered, collected and enforced; and as such tax is so collected by the county treasurer, it shall be accumulated and kept in a separate fund to be known as the "Utility District Bond Fund," and shall be applied to the payment of the aforesaid utility district bonds and interest as they severally mature, and for no other purpose whatsoever: Provided, That all accumulations of said fund prior to their use for the payment of such bonds and interest shall be deposited, at interest, with the depository or depositories of other public funds in such city, and all interest collected thereon shall belong to such fund.

[Pre-Local Government Recodification Citation: 19-3-24-10.]

As added by Acts 1981, P.L.11, SEC.43.
Ind. Code § 8-18-20-10 — Indiana Code / Title 8 / Article 18 / Chapter 20 / Section 8-18-20-10
Board of trustees; procedural rules; record; regular and special meetings
Status: in_force

Sec. 10. (a) The trustees may adopt rules and bylaws governing their procedure.

(b) The proceedings of the trustees shall be recorded in a book provided for that purpose.

(c) In addition to their meetings under section 9 of this chapter, the trustees may hold regular and special meetings as often as is necessary to perform their duties under this chapter.

As added by P.L.386-1987(ss), SEC.20.
Ind. Code § 8-22-3.7-21 — Indiana Code / Title 8 / Article 22 / Chapter 3.7 / Section 8-22-3.7-21
Exemptions from taxation
Status: in_force

Sec. 21. (a) All:

(1) property owned by the development authority;

(2) revenues of the development authority; and

(3) bonds issued by the development authority, the interest on the bonds, the proceeds received by a holder from the sale of bonds to the extent of the holder's cost of acquisition, proceeds received upon redemption before maturity, proceeds received at maturity, and the receipt of interest in proceeds;

are exempt from taxation in Indiana for all purposes except the financial institutions tax imposed under IC 6-5.5.

(b) All securities issued under this chapter are exempt from the registration requirements of IC 23-19 and other securities registration statutes.

As added by P.L.108-1993, SEC.11. Amended by P.L.254-1997(ss), SEC.18; P.L.27-2007, SEC.9; P.L.79-2017, SEC.59.
Ind. Code § 8-9-11-1 — Indiana Code / Title 8 / Article 9 / Chapter 11 / Section 8-9-11-1
Applicability of chapter
Status: in_force

Sec. 1. This chapter applies to a contract carrier that transports an employee of a railroad under the terms of a contractual agreement with the railroad.

As added by P.L.109-2000, SEC.1.
Ind. Code § 8-3-1.5-22 — Indiana Code / Title 8 / Article 3 / Chapter 1.5 / Section 8-3-1.5-22
Repealed
Status: repealed

Formerly: Acts 1975, P.L.79, SEC.1. As amended by Acts 1977, P.L.107, SEC.2; Acts 1980, P.L.74, SEC.61. Repealed by P.L.95-1987, SEC.6.
Ind. Code § 8-16-15-1 — Indiana Code / Title 8 / Article 16 / Chapter 15 / Section 8-16-15-1
Authority
Status: in_force

Sec. 1. Subject to the provisions of this chapter, the department is hereby authorized and empowered to enter into negotiations with the proper authority having control of the state highways of the state of Illinois, and with the owners of the bridge which spans the Wabash River and over which State Highway No. 66 passes from this state into the state of Illinois, for the purpose of acquiring the ownership of and title to such bridge, jointly, by the state of Illinois and the state of Indiana.

Formerly: Acts 1937, c.160, s.1. As amended by Acts 1980, P.L.74, SEC.294.
Ind. Code § 8-23-2-9 — Indiana Code / Title 8 / Article 23 / Chapter 2 / Section 8-23-2-9
References to certain transportation agencies as references to department of transportation
Status: in_force

Sec. 9. After June 30, 1989, any reference to:

(1) the transportation coordinating board (IC 8-9.5-2-1, repealed);

(2) the transportation planning office (IC 8-9.5-3-1, repealed);

(3) the department of highways (IC 8-9.5-4-2, repealed); and

(4) the department of transportation (IC 8-9.5-5-2, repealed);

in any statute or rule shall be treated as a reference to the Indiana department of transportation, as established by this article.

As added by P.L.112-1989, SEC.5. Amended by P.L.1-2009, SEC.76.
Ind. Code § 8-15-3-16 — Indiana Code / Title 8 / Article 15 / Chapter 3 / Section 8-15-3-16
Ingress and egress points
Status: in_force

Sec. 16. (a) Except as provided in subsection (b), the department may designate the locations and establish, limit, and control points of ingress and egress from each tollway as necessary or desirable to:

(1) ensure the proper operation and maintenance of the tollway;

(2) finance the tollway;

(3) prohibit entrance to the tollway from any point that is not designated as an entrance; and

(4) provide for and permit the interconnection of a tollway with a toll road that is leased or operated by the department.

(b) The department may not grant ingress to or egress from any tollway, service area, or toll collection area having direct access to the tollway for the operation of transient lodging facilities, including the service areas on which are located service stations and restaurants and toll plazas and paved parts of the right-of-way.

(c) The department shall erect at all points of ingress and egress suitable signs facing traffic from each direction on the tollway. These signs must designate the number and other designations, if any, of all United States or state highways of ingress or egress, the names of all Indiana municipalities having a population of at least five thousand (5,000) within a distance of seventy-five (75) miles on the roads of ingress or egress, and the distance in miles to those designated municipalities.

As added by P.L.386-1987(ss), SEC.13. Amended by P.L.47-2006, SEC.26.
Ind. Code § 8-1-2-88.5 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-88.5
Repealed
Status: repealed

As added by P.L.80-1988, SEC.1. Amended by P.L.77-1996, SEC.1; P.L.78-1997, SEC.1. Repealed by P.L.27-2006, SEC.62.
Ind. Code § 8-14.5-7-3 — Indiana Code / Title 8 / Article 14.5 / Chapter 7 / Section 8-14.5-7-3
"Grant anticipation revenue bond"
Status: in_force

Sec. 3. As used in this chapter, "grant anticipation revenue bond" or "grant anticipation revenue note" means a bond or note, respectively, secured by lease rentals relating to highway improvement projects and anticipated to be paid from federal highway revenues deposited in the grant anticipation fund.

As added by P.L.246-2005, SEC.83.
Ind. Code § 8-9.5-7-14 — Indiana Code / Title 8 / Article 9.5 / Chapter 7 / Section 8-9.5-7-14
Annual budget
Status: in_force

Sec. 14. The commission shall annually prepare a budget for the operation and capital expenditures of the district.

As added by Acts 1982, P.L.77, SEC.1.
Ind. Code § 8-22-3.7-10 — Indiana Code / Title 8 / Article 22 / Chapter 3.7 / Section 8-22-3.7-10
Authorized activities of authority; dissolution
Status: in_force

Sec. 10. (a) The development authority may also:

(1) finance, improve, construct, reconstruct, renovate, purchase, lease, acquire, and equip airport projects;

(2) lease those airport projects to the authority;

(3) sue, be sued, plead, and be impleaded, but all actions against the development authority must be brought in the circuit or superior court of the county in which the development authority is located;

(4) lease, rent, purchase, and hold any real or personal property needed or considered useful in connection with airport projects;

(5) acquire real or personal property by gift, devise, or bequest and hold, use, or dispose of that property for the purposes authorized by this chapter;

(6) with permission of the owner or occupant, enter upon any lots or lands for the purpose of surveying or examining them to determine the location of an airport project;

(7) design, order, contract for, and construct, reconstruct, and renovate any airport projects or improvements thereto;

(8) employ managers, superintendents, architects, engineers, attorneys, auditors, clerks, construction managers, and other employees necessary for construction of airport projects or improvements to them;

(9) make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this chapter; and

(10) take any other action necessary to implement its purposes as set forth in section 9 of this chapter.

(b) Whenever the development board determines that the purposes for which the development authority was formed have been substantially fulfilled and that all bonds issued and all other obligations incurred by the development authority have been fully paid or satisfied or provision for the payment of the bonds and obligations has been made in accordance with the terms of the resolution or trust indenture securing them, the development board may declare the development authority dissolved. On the effective date of the resolution of dissolution, the title to all funds and other property owned by the development authority at the time of the dissolution vests in the authority. However, if the authority is not in existence, the title vests in the eligible entity.

As added by P.L.108-1993, SEC.11.
Ind. Code § 8-2.1-24-14 — Indiana Code / Title 8 / Article 2.1 / Chapter 24 / Section 8-2.1-24-14
Powers of department; employment of administrative law judges and other necessary employees
Status: in_force

Sec. 14. The department may perform all reasonably necessary actions to carry out this chapter, including the power, subject to:

(1) the approval of the state personnel department and the budget agency; and

(2) IC 4-21.5;

to employ and fix the compensation of administrative law judges, investigators, clerks, and other employees as necessary or advisable for the effective administration of this chapter.

As added by P.L.110-1995, SEC.29.
Ind. Code § 8-18-20-4 — Indiana Code / Title 8 / Article 18 / Chapter 20 / Section 8-18-20-4
Establishment; name; municipal corporation
Status: in_force

Sec. 4. (a) A county may establish a separate municipal corporation to be known as the "______________ County Toll Road Authority" (including the name of the county seat and county) for the purposes of:

(1) acquiring land; and

(2) financing, constructing, reconstructing, and operating county toll roads.

(b) Any two (2) or more counties, acting under IC 36-1-7, may establish a municipal corporation under subsection (a).

As added by P.L.386-1987(ss), SEC.20.
Ind. Code § 8-22-3.5-16 — Indiana Code / Title 8 / Article 22 / Chapter 3.5 / Section 8-22-3.5-16
Repealed
Status: repealed

As added by P.L.91-1997, SEC.11. Amended by P.L.90-2002, SEC.335. Repealed by P.L.124-2006, SEC.11.
Ind. Code § 8-15-3-3.5 — Indiana Code / Title 8 / Article 15 / Chapter 3 / Section 8-15-3-3.5
"Public-private agreement"
Status: in_force

Sec. 3.5. "Public-private agreement" has the meaning set forth in IC 8-15.7-2-15.

As added by P.L.47-2006, SEC.21.
Ind. Code § 8-15.5-7-8 — Indiana Code / Title 8 / Article 15.5 / Chapter 7 / Section 8-15.5-7-8
Actions to contest validity of user fees
Status: in_force

Sec. 8. (a) For any public-private agreement to which the authority is a party under IC 8-15.5 and that was originally entered into before January 1, 2010, the authority may fix user fees under this chapter by rule in the manner provided IC 5-1.2-4-1(a)(2).

(b) Any action to contest the validity of user fees fixed under this chapter may not be brought after the fifteenth day following the effective date of a rule fixing the user fees adopted under subsection (a).

As added by P.L.47-2006, SEC.39. Amended by P.L.140-2013, SEC.9; P.L.93-2024, SEC.83; P.L.44-2026, SEC.23.
Ind. Code § 8-1.5-5-10 — Indiana Code / Title 8 / Article 1.5 / Chapter 5 / Section 8-1.5-5-10
Bond and interest redemption account; surplus
Status: in_force

Sec. 10. (a) The revenues set aside for the payment of the principal and interest of the authorized bonds shall be deposited and credited to a special account identified as "the bond and interest redemption account".

(b) In 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.

(c) If a surplus is created in the bond and interest redemption account, the board may transfer any excess over the surplus to:

(1) the operation and maintenance account; or

(2) the depreciation account.

As added by P.L.125-1987, SEC.1.
Ind. Code § 8-1-13-40 — Indiana Code / Title 8 / Article 1 / Chapter 13 / Section 8-1-13-40
Subpoena power of commissioners and authorized agents; enforcement
Status: in_force

Sec. 40. Each of the commissioners and every authorized agent has the power to administer oaths, certify to official acts, issue subpoenas, compel the attendance of witnesses, and compel the production of books, accounts, papers, records, documents, and testimony in pending proceedings of corporations and where relevant. In case of disobedience on the part of any person to comply with any order of the commission or any commissioner or any subpoena, or on the refusal of any witness to testify to any matter regarding which the person may be lawfully interrogated before the commission, or its authorized agent, it shall be the duty of the circuit or superior court of any county, on application of a commissioner, to compel the obedience to the requirements of a subpoena issued from that court or a refusal to testify in that court.

As added by P.L.121-1987, SEC.17.
Ind. Code § 8-1-34-23 — Indiana Code / Title 8 / Article 1 / Chapter 34 / Section 8-1-34-23
Gross revenue; determination under existing local franchise; determination when no local franchise exists; unincorporated areas; annexed territory
Status: in_force

Sec. 23. (a) Except as provided in subsection (b), the holder of a certificate under this chapter shall, at the end of each calendar quarter, determine under subsections (c) and (d) the gross revenue received during that quarter from the holder's provision of video service in each unit included in the holder's service area under the certificate.

(b) This subsection applies to a holder or other provider providing video service in a unit in which a provider of video service is required on June 30, 2006, to pay a franchise fee based on a percentage of gross revenues. The holder's or provider's gross revenue shall be determined as follows:

(1) If only one (1) local franchise is in effect on June 30, 2006, the holder or provider shall determine gross revenue as the term is defined in the local franchise in effect on June 30, 2006.

(2) If:

(A) more than one (1) local franchise is in effect on June 30, 2006; and

(B) the holder or provider is subject to a local franchise in the unit on June 30, 2006;

the holder or provider shall determine gross revenue as the term is defined in the local franchise to which the holder or provider is subject on June 30, 2006.

(3) If:

(A) more than one (1) local franchise is in effect on June 30, 2006; and

(B) the holder is not subject to a local franchise in the unit on June 30, 2006;

the holder shall determine gross revenue as the term is defined in the local franchise in effect on June 30, 2006, that is most favorable to the unit.

(c) This subsection does not apply to a holder that is required to determine gross revenue under subsection (b). The holder shall include the following in determining the gross revenue received during the quarter with respect to a particular unit:

(1) Fees and charges charged to subscribers for video service provided by the holder. Fees and charges under this subdivision include the following:

(A) Recurring monthly charges for video service.

(B) Event based charges for video service, including pay per view and video on demand charges.

(C) Charges for the rental of set top boxes and other equipment.

(D) Service charges related to the provision of video service, including activation, installation, repair, and maintenance charges.

(E) Administrative charges related to the provision of video service, including service order and service termination charges.

(2) Revenue received by an affiliate of the holder from the affiliate's provision of video service, to the extent that treating the revenue as revenue of the affiliate, instead of revenue of the holder, would have the effect of evading the payment of fees that would otherwise be paid to the unit. However, revenue of an affiliate may not be considered revenue of the holder if the revenue is otherwise subject to fees to be paid to the unit.

(d) This subsection does not apply to a holder that is required to determine gross revenue under subsection (b). The holder shall not include the following in determining the gross revenue received during the quarter with respect to a particular unit:

(1) Revenue not actually received, regardless of whether it is billed. Revenue described in this subdivision includes bad debt.

(2) Revenue received by an affiliate or any other person in exchange for supplying goods and services used by the holder to provide video service under the holder's certificate.

(3) Refunds, rebates, or discounts made to subscribers, advertisers, the unit, or other providers leasing access to the holder's facilities.

(4) Revenue from providing service other than video service, including revenue from providing:

(A) telecommunications service (as defined in 47 U.S.C. 153);

(B) information service (as defined in 47 U.S.C. 153), other than video service; or

(C) any other service not classified as cable service or video programming by the Federal Communications Commission.

(5) Any fee imposed on the holder under this chapter that is passed through to and paid by subscribers, including the franchise fee:

(A) imposed under section 24 of this chapter for the quarter immediately preceding the quarter for which gross revenue is being computed; and

(B) passed through to and paid by subscribers during the quarter for which gross revenue is being computed.

(6) Revenue from the sale of video service for resale in which the purchaser collects a franchise fee under:

(A) this chapter; or

(B) a local franchise agreement in effect on July 1, 2006;

from the purchaser's customers. This subdivision does not limit the authority of a unit, or the commission on behalf of a unit, to impose a tax, fee, or other assessment upon the purchaser under 47 U.S.C. 542(h).

(7) Any tax of general applicability:

(A) imposed on the holder or on subscribers by a federal, state, or local governmental entity; and

(B) required to be collected by the holder and remitted to the taxing entity;

including the state gross retail and use taxes (IC 6-2.5) and the utility receipts tax (IC 6-2.3) (before its repeal).

(8) Any forgone revenue from providing free or reduced cost cable video service to any person, including:

(A) employees of the holder;

(B) the unit; or

(C) public institutions, public schools, or other governmental entities, as required or permitted by this chapter or by federal law.

However, any revenue that the holder chooses to forgo in exchange for goods or services through a trade or barter arrangement shall be included in gross revenue.

(9) Revenue from the sale of:

(A) capital assets; or

(B) surplus equipment that is not used by the purchaser to receive video service from the holder.

(10) Reimbursements that:

(A) are made by programmers to the holder for marketing costs incurred by the holder for the introduction of new programming; and

(B) exceed the actual costs incurred by the holder.

(11) Late payment fees collected from customers.

(12) Charges, other than those described in subsection (c)(1), that are aggregated or bundled with charges described in subsection (c)(1) on a customer's bill, if the holder can reasonably identify the charges on the books and records by the holder in the regular course of business.

(e) If, under the terms of the holder's certificate, the holder provides video service to any unincorporated area in Indiana, the holder shall calculate the holder's gross income received from each unincorporated area served in accordance with:

(1) subsection (b); or

(2) subsections (c) and (d);

whichever is applicable.

(f) If a unit served by the holder under a certificate annexes any territory after the certificate is issued or renewed under this chapter, the holder shall:

(1) include in the calculation of gross revenue for the annexing unit any revenue generated by the holder from providing video service to the annexed territory; and

(2) subtract from the calculation of gross revenue for any unit or unincorporated area:

(A) of which the annexed territory was formerly a part; and

(B) served by the holder before the effective date of the annexation;

the amount of gross revenue determined under subdivision (1);

beginning with the calculation of gross revenue for the calendar quarter in which the annexation becomes effective. The holder shall notify the commission of the new boundaries of the affected service areas as required under section 20(a)(7) of this chapter.

(g) This subsection applies to a unit that:

(1) annexes territory after December 31, 2015; and

(2) is served on the date of the annexation by the holder of a certificate that is issued or renewed under this chapter before the date of the annexation.

The unit shall provide the holder a list of all addresses located within the annexed territory not more than thirty (30) days after the date of the annexation. If the holder is required to pay the franchise fee imposed and calculated under this section, the holder is not required to pay the franchise fee with respect to addresses provided under this subsection until ninety (90) days after the unit provides the holder with the addresses under this subsection.

As added by P.L.27-2006, SEC.58. Amended by P.L.1-2007, SEC.78; P.L.6-2012, SEC.63; P.L.228-2015, SEC.1; P.L.7-2015, SEC.16; P.L.149-2016, SEC.36; P.L.138-2022, SEC.17.
Ind. Code § 8-1-1.1-7 — Indiana Code / Title 8 / Article 1 / Chapter 1.1 / Section 8-1-1.1-7-b
Repealed
Status: repealed

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

As added by Acts 1981, P.L.104, SEC.3. Amended by Acts 1982, P.L.1, SEC.23; P.L.170-2002, SEC.56; P.L.53-2014, SEC.74. Repealed by P.L.152-2026, SEC.76.
Ind. Code § 8-1.5-3-9.6 — Indiana Code / Title 8 / Article 1.5 / Chapter 3 / Section 8-1.5-3-9.6
Return of utility to commission jurisdiction following removal under alternative procedure
Status: in_force

Sec. 9.6. (a) This section applies to municipally owned utilities that are withdrawn from commission jurisdiction under section 9.1 of this chapter.

(b) The municipal legislative body may adopt an ordinance returning the municipally owned utility to the jurisdiction of the commission for the approval of rates and charges and of the issuance of stocks, bonds, notes, or other evidence of indebtedness if it receives a petition:

(1) that is signed by at least the number of the registered voters of the municipality required under IC 3-8-6-3 to place a candidate on the ballot; and

(2) that requests the legislative body to adopt an ordinance returning the municipally owned utility to the jurisdiction of the commission.

If the municipal legislative body fails to adopt an ordinance under this subsection within ninety (90) days after receipt of the petition, a petition requesting the adoption of an ordinance to return to commission jurisdiction may not be submitted for four (4) years from the date the last petition was submitted under this subsection.

(c) If the municipal legislative body fails to adopt the ordinance described in subsection (b) within ninety (90) days after receipt of the petition, the public question of the return to commission jurisdiction shall be submitted to the registered voters of the municipality if the legislative body receives a second petition:

(1) that is signed by at least the number of the registered voters of the municipality required under IC 3-8-6-3 to place a candidate on the ballot;

(2) that requests the legislative body to submit the question of the return to commission jurisdiction to the registered voters of the municipality at the next election; and

(3) that is submitted to the legislative body after the expiration of the ninety (90) day period described in this subsection.

The municipal legislative body shall certify the public question described in subsection (d) to the county election board of the county that contains the greatest percentage of population of the municipality under IC 3-10-9-3.

(d) If the legislative body receives a petition described in subsection (c) in the proper form, the legislative body shall submit the following public question to the registered voters of the municipality at the next election in the form prescribed by IC 3-10-9-4:

"Shall the municipally owned utility be returned to the jurisdiction of the utility regulatory commission for the approval of rates and charges and of the issuance of stocks, bonds, notes, or other evidence of indebtedness?".

The legislative body shall mail written notice of the referendum to the commission at least ten (10) days before the date of the election.

(e) If a majority of those voting on the question described in subsection (d) favor returning the municipally owned utility to the jurisdiction of the commission, the utility is returned to the jurisdiction of the commission for approval of rates and charges and of the issuance of stocks, bonds, notes, or other evidence of indebtedness. If a majority of those voting disapprove of returning the municipally owned utility to the jurisdiction of the commission, an election may not be conducted on the public question of returning to the jurisdiction of the commission for four (4) years from the date of the last election on that public question.

(f) The public question of returning to the jurisdiction of the commission may not be submitted to the registered voters of the municipality at an election conducted within four (4) years after the date the municipally owned utility was last withdrawn from commission jurisdiction. In addition, a petition requesting the adoption of an ordinance under subsection (b) may not be submitted within four (4) years after the date the municipally owned utility was last withdrawn from commission jurisdiction.

(g) If a municipally owned utility is returned to commission jurisdiction under this section, the municipal legislative body shall mail written notice to the commission.

As added by P.L.82-1988, SEC.8. Amended by P.L.12-1995, SEC.104.
Ind. Code § 8-1-32.4-11 — Indiana Code / Title 8 / Article 1 / Chapter 32.4 / Section 8-1-32.4-11
Obligations of incumbent local exchange carrier as provider of last resort; satisfaction of obligations using any available technology
Status: in_force

Sec. 11. Except as provided in:

(1) IC 8-1-32.6-8;

(2) section 13 of this chapter;

(3) section 16 of this chapter; or

(4) section 17 of this chapter;

an incumbent local exchange carrier has the obligations of the provider of last resort. An incumbent local exchange carrier may meet the carrier's obligations under this section using any available technology.

As added by P.L.27-2006, SEC.54. Amended by P.L.8-2012, SEC.6.
Ind. Code § 8-1-17-8 — Indiana Code / Title 8 / Article 1 / Chapter 17 / Section 8-1-17-8
Board of directors; powers and duties
Status: in_force

Sec. 8. The board shall have power to do all things necessary or convenient in conducting the business of the cooperative corporation, including but not limited to:

(a) The power to make, alter, amend or repeal by-laws for the regulation and management of the affairs of the cooperative corporation not inconsistent with law or with the articles of incorporation.

(b) To appoint agents and employees and to fix their compensation and the compensation of the officers of the cooperative corporation.

(c) To execute instruments.

(d) To delegate to one or more of the directors or to the agents and employees of the cooperative corporation such powers and duties as it may deem proper.

(e) To make its own rules and regulations as to its procedure.

Formerly: Acts 1951, c.193, s.8.
Ind. Code § 8-1-42-3 — Indiana Code / Title 8 / Article 1 / Chapter 42 / Section 8-1-42-3
"Commercial solar regulation"
Status: in_force

Sec. 3. As used in this chapter, "commercial solar regulation" refers to any ordinance or regulation, including any:

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

(2) general or specific planning ordinance or regulation;

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

As added by P.L.90-2022, SEC.2.
Ind. Code § 8-1-2.2-15 — Indiana Code / Title 8 / Article 1 / Chapter 2.2 / Section 8-1-2.2-15
Remedies
Status: in_force

Sec. 15. Remedies. Any holder of bonds issued under the provisions of this chapter or any of the bond coupons, and the trustee under any trust agreements, except to the extent that his rights are restricted by the trust agreement or the resolution authorizing the issuance of the bonds, may, (a) either at law or in equity, by suit, action, or other proceeding, protect and enforce any and all rights under the laws of the state or, to the extent permitted by law, under the trust agreement or resolution authorizing the issuance of the bonds or under any agreement or other contract executed by the municipality or joint agency pursuant to this chapter, and (b) may enforce and compel the performance of all duties required by this chapter or by the trust agreement or resolution to be performed by any municipality or joint agency or by any officer of any municipality or joint agency, including the fixing, charging, and collecting of rents, rates, fees, and charges.

As added by Acts 1980, P.L.68, SEC.1.
Ind. Code § 8-23-9-59 — Indiana Code / Title 8 / Article 23 / Chapter 9 / Section 8-23-9-59
Application of IC 5-22-16.5 to award of contracts under article
Status: in_force

Sec. 59. (a) IC 5-22-16.5 (Disqualification of Contractors Dealing with the Government of Iran) applies to the awarding of contracts, including contracts for professional services, under this article.

(b) For purposes of applying IC 5-22-16.5 to contracts awarded under this article, the following apply:

(1) A reference to an "offer" in IC 5-22-16.5 refers to:

(A) a bid for a contract; or

(B) a proposal to provide professional services;

under this article.

(2) A person may not be awarded a contract under this article if the person would be disqualified from being awarded a contract under IC 5-22-16.5.

(3) The procedures, rights, and application of penalties described in IC 5-22-16.5 shall be applied in the context of this article so that the public policy of IC 5-22-16.5 and this article are both implemented.

As added by P.L.21-2012, SEC.6.
Ind. Code § 8-1.5-1-6 — Indiana Code / Title 8 / Article 1.5 / Chapter 1 / Section 8-1.5-1-6
"Fiscal officer"
Status: in_force

Sec. 6. "Fiscal officer" means:

(1) controller, for a second class city;

(2) clerk-treasurer, for a third class city; or

(3) clerk-treasurer, for a town.

As added by Acts 1982, P.L.74, SEC.1.
Ind. Code § 8-23-18-3 — Indiana Code / Title 8 / Article 23 / Chapter 18 / Section 8-23-18-3
Voluntary conveyances and grants by political entities
Status: in_force

Sec. 3. Each city, town, township, county, school corporation and other political subdivision of the state, public corporation, instrumentality, or agency supported in whole or part by taxation may convey and grant to the state for the use and benefit of the department, by voluntary conveyance or grant, with or without consideration, any real property or rights in or to real property needed or reasonably necessary for a state highway.

As added by P.L.18-1990, SEC.227.
Ind. Code § 8-15-3-27 — Indiana Code / Title 8 / Article 15 / Chapter 3 / Section 8-15-3-27
Adoption of rules; traffic controls
Status: in_force

Sec. 27. Notwithstanding IC 9, the department may adopt rules under IC 4-22-2 for the following:

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

(A) The operator of any vehicle exceeding any of the maximum allowable dimensions or weights must apply to the department in writing for an application for a special hauling permit. The application must be received at least seven (7) days before the time of desired entry. A permit, if granted, shall be given to the applicant in duplicate, properly completed, and numbered. The driver of the vehicle must have a copy to present to the toll attendant on duty at the point of entry to the tollway.

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

(i) The administrative cost of issuing the permit.

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

(iii) The potential safety hazard the vehicle represents.

(2) Establishing the speed at which a vehicle may be driven on a tollway, including a minimum speed and a maximum speed not in excess of the maximum provided in IC 9 for the interstate defense network of dual highways.

(3) Designating one-way traffic lanes on a tollway.

(4) Determining the manner of operation of vehicles entering and leaving traffic lanes on a tollway.

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

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

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

(8) Determining the limitation on use of a tollway by pedestrians and aircraft and by vehicles of a type specified in the rules.

(9) Regulating commercial activity on tollways, including the following:

(A) The offering or display of goods or services for sale.

(B) The posting, distributing, or displaying of signs, advertisements, or other printed or written material.

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

As added by P.L.386-1987(ss), SEC.13. Amended by P.L.40-2000, SEC.1; P.L.23-2001, SEC.1.
Ind. Code § 8-21-3-9 — Indiana Code / Title 8 / Article 21 / Chapter 3 / Section 8-21-3-9
Methods of proof
Status: in_force

Sec. 9. Proof of financial responsibility when required under this chapter may be given by the following alternate methods, either by proof:

(1) that a policy or policies of aircraft liability insurance have been obtained and are in full force and effect;

(2) that a bond has been duly executed; or

(3) that deposit has been made of money or securities;

all as provided in this chapter.

Formerly: Acts 1951, c.267, s.9. As amended by P.L.66-1984, SEC.138.
Ind. Code § 8-16-15.5-9.1 — Indiana Code / Title 8 / Article 16 / Chapter 15.5 / Section 8-16-15.5-9.1
Members, officers, and employees; immunity from civil liability
Status: in_force

Sec. 9.1. (a) Except as provided in subsection (b), the bridge authority and its members, officers, and employees are immune from civil liability resulting from any act or omission related to implementation of this chapter.

(b) This section does not grant immunity from civil liability to a person who commits an act or omits to do an act that amounts to gross negligence or willful and wanton misconduct.

As added by P.L.163-2020, SEC.3.
Ind. Code § 8-23-10-6 — Indiana Code / Title 8 / Article 23 / Chapter 10 / Section 8-23-10-6
Unqualified bidders; rejection of bids
Status: in_force

Sec. 6. The department may not consider a bid filed with it by a person who has not been qualified under this chapter. Bids from unqualified bidders discovered by the department before the reading of the bids shall be returned without being read. If the department finds subsequent to the opening of bids that facts exist that would disqualify the lowest bidder, or that the bidder is not competent and responsible, the department shall reject the bid despite the fact of prior qualification of the bidder. It is unlawful to award a contract to a bidder not qualified to bid at the time fixed for receiving bids.

As added by P.L.18-1990, SEC.219.
Ind. Code § 8-19-3-4 — Indiana Code / Title 8 / Article 19 / Chapter 3 / Section 8-19-3-4
Report of completion
Status: in_force

Sec. 4. When the grading and draining is completed in accordance with the plans and specifications, the engineer shall report in writing to the county executive, who shall accept the improved highway. After acceptance, the highway shall be maintained by the county.

Formerly: Acts 1921, c.178, s.4. As amended by P.L.86-1988, SEC.160.
Ind. Code § 8-1-43-4 — Indiana Code / Title 8 / Article 1 / Chapter 43 / Section 8-1-43-4
"Electric vehicle"
Status: in_force

Sec. 4. (a) As used in this chapter, "electric vehicle", or "EV", means a vehicle that employs electrical energy as a primary or secondary mode of propulsion.

(b) The term includes:

(1) all-electric vehicles; and

(2) plug-in hybrid electric vehicles.

As added by P.L.94-2022, SEC.4.
Ind. Code § 8-3-1-5 — Indiana Code / Title 8 / Article 3 / Chapter 1 / Section 8-3-1-5
Repealed
Status: repealed

Formerly: Acts 1905, c.53, s.7; Acts 1907, c.241, s.7; Acts 1911, c.185, s.1. As amended by P.L.62-1984, SEC.4; P.L.384-1987(ss), SEC.14; P.L.8-1993, SEC.137. Repealed by P.L.50-2011, SEC.5.
Ind. Code § 8-14.5-1-4 — Indiana Code / Title 8 / Article 14.5 / Chapter 1 / Section 8-14.5-1-4
Application of article to the authority
Status: in_force

Sec. 4. This article:

(1) applies to the authority only when acting for the purposes set forth in this article; and

(2) does not apply to the authority when acting under any other statute for any other purpose.

As added by P.L.235-2005, SEC.113.
Ind. Code § 8-22-3-31 — Indiana Code / Title 8 / Article 22 / Chapter 3 / Section 8-22-3-31
Federal, public, or private grants of funds
Status: in_force

Sec. 31. (a) The authority, acting by and through its board under IC 8-21-8, may accept, receive, and receipt for federal, other public, or private monies for the acquisition, construction, enlargement, improvement, maintenance, equipment, or operation of airports, other air navigation facilities, and sites for them, and comply with federal laws made for the expenditure of federal monies upon airports and other air navigation facilities.

(b) Subject to IC 8-21-8, the board has exclusive power to submit to the proper state and federal agencies applications for grants of funds for airport development and to make or execute representations, assurances and contracts, to enter into covenants and agreements with state or federal agency or agencies relative to the development of an airport, and to comply with all federal and state laws pertaining to the acquisition, development, operation, and administration of airports and properties by the authority.

(c) This subsection applies only to the airport authority established by the city of Gary. The authority may assign the powers described in this section to a lessee or other operator with whom it enters into a lease, management agreement, or other contract under section 11(a)(20) of this chapter if the board has determined that the lessee or other operator has the expertise and experience to operate the facilities of the authority in accordance with prudent airport operating standards.

[Pre-Local Government Recodification Citations: 19-6-2-33; 19-6-3-35; 19-6-3.5-35.]

As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.182-2009(ss), SEC.270; P.L.166-2014, SEC.39.
Ind. Code § 8-23-4-2 — Indiana Code / Title 8 / Article 23 / Chapter 4 / Section 8-23-4-2
State highway system; designation; composition; selection criteria; classification
Status: in_force

Sec. 2. (a) The state highway system shall be designated by the department. The total extent of the state highway system may not exceed twelve thousand (12,000) miles. The state highway system consists of the principal arterial highways in Indiana and includes the following:

(1) A highway to the seat of government in each county.

(2) Connecting arteries and extensions through municipalities.

(b) In determining the highways or sections of highways that are a part of the state highway system, the department shall consider the following:

(1) The relative importance of each highway to county or municipal government.

(2) Existing business and land use.

(3) The development of natural resources, industry, and agriculture.

(4) The economic welfare of Indiana.

(5) The safety and convenience of highway users.

(6) The financial capacity of the state to reconstruct, construct, and maintain the highways selected to desirable standards.

(c) The state highway system shall be classified for purposes of management, establishment of standards, and priority for use of funds and resources. Classification of the system may conform to the department's designation of the state's federal aid system.

As added by P.L.18-1990, SEC.213.
Ind. Code § 8-23-7-11 — Indiana Code / Title 8 / Article 23 / Chapter 7 / Section 8-23-7-11
Vouchers for payment; attaching grant or deed copies
Status: in_force

Sec. 11. A copy of a grant or deed purchased by the department shall be attached to each voucher submitted for payment under this chapter. The state comptroller may not draw and pay the voucher unless the copy is attached.

As added by P.L.18-1990, SEC.216. Amended by P.L.9-2024, SEC.303.
Ind. Code § 8-10-5-10 — Indiana Code / Title 8 / Article 10 / Chapter 5 / Section 8-10-5-10
Modification, amendment, or extension of development plan
Status: in_force

Sec. 10. The board of directors shall, from time to time after the adoption of said official plan, have the power to modify, amend, or extend the same, provided that upon the making of any such modification, amendment, or extension thereof, the board of directors shall cause notice to be given and shall conduct a hearing, all as provided in section 9 of this chapter, and shall not adopt any modification, amendment, or extension until the notice has been given and the hearing held as herein provided in this chapter.

Formerly: Acts 1959, c.343, s.10. As amended by P.L.66-1984, SEC.23.
Ind. Code § 8-2.1-19.3-1 — Indiana Code / Title 8 / Article 2.1 / Chapter 19.3 / Section 8-2.1-19.3-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies after June 30, 2024.

As added by P.L.215-2023, SEC.10.
Ind. Code § 8-1-2.8-24 — Indiana Code / Title 8 / Article 1 / Chapter 2.8 / Section 8-1-2.8-24
Charitable purposes; exemptions
Status: in_force

Sec. 24. If the InTRAC meets the requirements of sections 18 and 21 of this chapter, the InTRAC:

(1) for purposes of all taxes imposed by the state or any county or municipality in Indiana is an organization that is organized and operated exclusively for charitable purposes; and

(2) qualifies for all exemptions applicable to those organizations, including but not limited to those exemptions set forth in IC 6-2.5-5-25(a)(1)(B) and IC 6-1.1-10-16.

As added by P.L.75-1991, SEC.1. Amended by P.L.192-2002(ss), SEC.144; P.L.118-2024, SEC.28.
Ind. Code § 8-18-21-3 — Indiana Code / Title 8 / Article 18 / Chapter 21 / Section 8-18-21-3
Powers of board of directors
Status: in_force

Sec. 3. Except as provided in section 4 of this chapter, the board of directors of a toll road authority, acting in the name of the authority, may:

(1) finance, construct, reconstruct, operate, maintain, and manage any toll road project acquired or financed under this chapter;

(2) sue, be sued, plead, and be impleaded, but all actions against the authority must be brought in the circuit court, superior court, or probate court for the county in which the authority is located;

(3) condemn, appropriate, purchase, and hold any real or personal property needed or considered useful in connection with a toll road facility;

(4) acquire real or personal property by gift, devise, or bequest and hold, use, or dispose of that property for the purposes authorized by this chapter;

(5) enter upon any lots or lands for the purpose of surveying or examining them to determine the location of a toll road facility;

(6) collect all money that is due on account of the operation, maintenance, or management of, or otherwise related to, a toll road facility, and expend that money for proper purposes;

(7) employ the managers, superintendents, architects, engineers, attorneys, auditors, clerks, foremen, custodians, and other employees, necessary for the proper operation of a toll road facility and fix the compensation of those employees, but a contract of employment may not be made for a period of more than four (4) years although it may be extended or renewed from time to time;

(8) make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this chapter; and

(9) provide coverage for its employees under IC 22-3 and IC 22-4.

As added by P.L.386-1987(ss), SEC.21. Amended by P.L.84-2016, SEC.52.
Ind. Code § 8-5-15-5.3 — Indiana Code / Title 8 / Article 5 / Chapter 15 / Section 8-5-15-5.3
Issuance of bonds by the northern Indiana commuter transportation district after May 9, 2025
Status: in_force

Sec. 5.3. Notwithstanding any other law, the northern Indiana commuter transportation district established under this chapter may not issue new bonds, new notes, or other new evidences of indebtedness after May 9, 2025, that are payable in whole or in part from amounts distributed to the northern Indiana commuter transportation district from the commuter rail service fund (IC 8-3-1.5-20.5) or the electric rail service fund (IC 8-3-1.5-20.6). However, this section may not be construed to prohibit the refinancing of outstanding indebtedness originally incurred before May 10, 2025.

As added by P.L.68-2025, SEC.192.
Ind. Code § 8-25-4-9 — Indiana Code / Title 8 / Article 25 / Chapter 4 / Section 8-25-4-9
Prohibition on light rail
Status: in_force

Sec. 9. An eligible county may not:

(1) purchase, lease, or otherwise acquire;

(2) construct;

(3) operate;

(4) cause any person to purchase, lease, acquire, construct, or operate; or

(5) expend revenues deposited in the county public transportation project fund established under IC 8-25-3-7 on;

a light rail project.

As added by P.L.153-2014, SEC.17.
Ind. Code § 8-1.5-6-2 — Indiana Code / Title 8 / Article 1.5 / Chapter 6 / Section 8-1.5-6-2
"Regulated territory"
Status: in_force

Sec. 2. As used in this chapter, "regulated territory" means the area outside the corporate boundaries of a municipality described in:

(1) IC 36-9-2-18; or

(2) IC 36-9-23-36.

As added by P.L.213-2014, SEC.7. Amended by P.L.277-2019, SEC.1.
Ind. Code § 8-23-9-28 — Indiana Code / Title 8 / Article 23 / Chapter 9 / Section 8-23-9-28
Claims against contractors; retaining amount of claim
Status: in_force

Sec. 28. Upon the receipt of a claim under section 26 of this chapter, the department shall retain out of the amount due the contractor the amount of the claim.

As added by P.L.18-1990, SEC.218.
Ind. Code § 8-6-2.1-5 — Indiana Code / Title 8 / Article 6 / Chapter 2.1 / Section 8-6-2.1-5
Parties to agreements; submission of specifications, maps, and plans; approval
Status: in_force

Sec. 5. (a) If the Indiana department of transportation and the county in which the city is located participate in the proceedings, the Indiana department of transportation and the county shall become parties to the agreement, and the agreement or agreements shall be included in and be a part of the resolution for the improvement and shall be subject to the final confirmation, or modification and confirmation, or rescission of the resolution, but no modification of the agreement or agreements shall be effective without the written consent of the railroad company affected; and the consent shall be filed with the board.

(b) The maps, plans and specifications shall be submitted by the engineer selected by the board to the Indiana department of transportation and to the board of commissioners of the county in which the city is located, and if the maps, plans and specifications meet the approval of the Indiana department of transportation and the board of commissioners, the approval shall be endorsed in writing on the documents.

(c) No further proceedings may be had pursuant to this chapter until the general maps, plans and specifications have been approved by the Indiana department of transportation and the board of commissioners of the county.

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

As added by Acts 1980, P.L.8, SEC.70. Amended by P.L.156-2020, SEC.36.
Ind. Code § 8-1-1-14 — Indiana Code / Title 8 / Article 1 / Chapter 1 / Section 8-1-1-14
Annual report
Status: in_force

Sec. 14. (a) As used in this section, "committee" refers to the interim study committee on energy, utilities, and telecommunications established by IC 2-5-1.3-4(8).

(b) The chairman of the commission shall prepare an annual report and file it with the governor and the chairman of the legislative council before October 1 of each year. The commission shall present the annual report to the committee before October 1 of each year. A report filed under this subsection with the chairman of the legislative council must be in an electronic format under IC 5-14-6. The chairman shall include in the annual report information for the fiscal year ending June 30 of the year in which the report is due.

(c) The annual report required under subsection (b) must include the following:

(1) An update on the operations of the commission, including the following:

(A) Statistics relevant to the workload and operations of the commission.

(B) A statement of the commission's revenues by source and expenditures by purpose.

(C) A description of the commission's goals, legal responsibilities, and accomplishments.

(D) Comments on the state of the commission and the various kinds of utilities that it regulates.

(E) Any other matters that the commission wishes to bring to the attention of the governor and the general assembly.

(2) Information concerning changes or emerging trends in the energy utility industry, and the effects of those changes or trends on service and on the pricing of all energy utility services under the jurisdiction of the commission. The information reported under this subdivision must include the following:

(A) The effects of competition or changes in the energy utility industry, including the impact on customer rates.

(B) The status of modernization of the energy utility facilities in Indiana and the incentives in place to further enhance this infrastructure.

(C) The effects on economic development of the modernization described in clause (B).

(D) Changes in Indiana's electricity generation mix.

(E) Any other energy utility matters the commission considers appropriate.

(3) Information concerning changes or emerging trends in the water and wastewater utility industries, and the effects of those changes or trends on service and on the pricing of all water and wastewater utility services under the jurisdiction of the commission. The information reported under this subdivision must include the following:

(A) The effects of changes in the water and wastewater utility industries, including the impact on customer rates.

(B) The status of water and wastewater utility infrastructure in Indiana and the incentives in place to further enhance this infrastructure.

(C) An update on:

(i) acquisitions under IC 8-1-30.3;

(ii) consolidations;

(iii) regionalization; and

(iv) service territory disputes;

involving water and wastewater utilities.

(D) The nature and extent of the jurisdiction of the commission and other state agencies over various types of water and wastewater utilities.

(E) Any other water or wastewater utility matters the commission considers appropriate.

(4) Information concerning the communications services industry, including the following:

(A) The type and availability of communications service provided to Indiana customers, including the provision of video service (as defined in IC 8-1-34-14).

(B) Details on the status of the Indiana universal service fund.

(C) The status of eligible telecommunications carriers for purposes of receiving:

(i) Lifeline reimbursement from the federal universal service fund;

(ii) support to serve rural and high cost areas; and

(iii) other monetary support from the federal universal service fund;

through the administrator designated by the Federal Communications Commission.

(D) A summary of the video franchise fee reports submitted under IC 8-1-34-24.5.

(E) Any other matters concerning the communications services industry the commission considers appropriate.

(5) Information concerning Indiana's pipeline safety program, including the following:

(A) An update on the activities of the commission's pipeline safety division established by IC 8-1-22.5-2.

(B) An update on activities under IC 8-1-26.

(C) An update on the underground plant protection account established by IC 8-1-26-24.

(D) Any other matters concerning pipeline safety the commission considers appropriate.

As added by P.L.33-1988, SEC.2. Amended by P.L.28-2004, SEC.69; P.L.71-2022, SEC.1.
Ind. Code § 8-15-2-14.5 — Indiana Code / Title 8 / Article 15 / Chapter 2 / Section 8-15-2-14.5
Tolls
Status: in_force

Sec. 14.5. (a) Subject to the provisions and requirements of any trust agreement providing for the issuance of toll road revenue bonds and only to the extent permitted by such trust agreement, the authority shall fix the tolls for any toll road under its jurisdiction.

(b) Subsection (a) does not apply to tolls fixed, authorized, or established in accordance with a public-private agreement under IC 8-15.5.

Formerly: Acts 1971, P.L.99, SEC.9. As amended by Acts 1980, P.L.74, SECS.243, 244; P.L.109-1983, SEC.19; P.L.214-2005, SEC.52; P.L.47-2006, SEC.12.
Ind. Code § 8-20-1-43 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-43
Repealed
Status: repealed

Formerly: Acts 1905, c.167, s.53. As amended by Acts 1981, P.L.11, SEC.66; P.L.86-1988, SEC.194. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-21-3-22 — Indiana Code / Title 8 / Article 21 / Chapter 3 / Section 8-21-3-22
Certificate of self-insurance
Status: in_force

Sec. 22. (a) The department may, in its discretion, upon the application of such a person issue a certificate of self-insurance when it is reasonably satisfied that such person is possessed of and will continue to be possessed of financial ability to respond to judgments, as hereinbefore described, obtained against such person, arising out of the ownership, maintenance, use or operation of any such person's aircraft.

(b) Upon not less than five (5) days' notice and a hearing pursuant to such notice, the department may, in its discretion and upon reasonable grounds, cancel a certificate of self-insurance.

Formerly: Acts 1951, c.267, s.24. As amended by Acts 1980, P.L.74, SEC.333.
Ind. Code § 8-1-40.5-19 — Indiana Code / Title 8 / Article 1 / Chapter 40.5 / Section 8-1-40.5-19
Adoption of rules by Indiana utility regulatory commission
Status: in_force

Sec. 19. The commission shall adopt rules under IC 4-22-2 to implement this chapter.

As added by P.L.80-2021, SEC.1. Amended by P.L.93-2024, SEC.76.
Ind. Code § 8-1.5-4-19 — Indiana Code / Title 8 / Article 1.5 / Chapter 4 / Section 8-1.5-4-19
Tax levy
Status: in_force

Sec. 19. (a) To raise the necessary revenues to pay for the bonds issued, and interest on the bonds, the board:

(1) may levy a special benefit tax upon all the property of the waterworks district in the amount necessary to meet and pay the principal of the bonds as they severally mature, together with all accruing interest; and

(2) shall certify the tax levied each year to the fiscal officers of the municipality and of the county in which the waterworks district is located, at the same time the levy of the municipality is certified.

The tax levied and certified shall be estimated and entered upon the tax duplicate and shall be collected and enforced in the same manner as state and county taxes are estimated, entered, collected, and enforced.

(b) In fixing the amount of the necessary levy, the board:

(1) shall consider the amount of revenues derived by the board from the operation of the waterworks plant and system under its jurisdiction above the amount of revenues required to pay the cost of operation and maintenance of the waterworks plant and system; and

(2) may, in lieu of making the levy in this section, set aside, by resolution, a specific amount of the surplus revenues to be collected before maturity of the principal and interest of the bonds payable in the following calendar year.

(c) The special tax shall be accumulated and kept in a separate fund to be known as the "waterworks district bond fund", and applied to the payment of the district bonds and interest as they severally mature and are payable. All accumulations in the fund before their use for the payment of bonds and interest shall be deposited at interest with the depository of other public funds of the municipality, and all interest collected belongs to that fund.

(d) If the board adopts the resolution, the board may not use any part of the amount set aside out of its net revenues for any purpose other than the monthly payment of the bonds and interest to the sinking fund. Any amount of net revenues derived from the operation of the waterworks plant and system under the jurisdiction of the board, not required for the payment of the principal and interest on the outstanding waterworks district bonds, shall be paid over to the municipality and deposited in the sinking fund established for the purpose of redeeming and retiring outstanding bonds that the municipality may have issued for the benefit of its waterworks plant. This section does not relieve the municipality from the obligation to pay outstanding bonds according to their terms and conditions.

As added by Acts 1982, P.L.74, SEC.1.
Ind. Code § 8-23-10-7 — Indiana Code / Title 8 / Article 23 / Chapter 10 / Section 8-23-10-7
Revenue department; access to names of bidders, contractors, and subcontractors; bidders on tax warrant list
Status: in_force

Sec. 7. (a) The department may allow the department of state revenue access to the name of each person who is either:

(1) bidding on a contract to be awarded under this chapter; or

(2) a contractor or a subcontractor under this chapter.

(b) If the department is notified by the department of state revenue that a bidder is on the most recent tax warrant list, the department may not award a contract to that bidder until:

(1) the bidder provides to the department a statement from the department of state revenue that the bidder's delinquent tax liability has been satisfied; or

(2) the department receives a notice from the commissioner of the department of state revenue under IC 6-8.1-8-2(k).

(c) The department of state revenue may notify:

(1) the department; and

(2) the state comptroller;

that a contractor or subcontractor under this chapter is on the most recent tax warrant list, including the amount that the person owes in delinquent taxes. The state comptroller shall deduct from the contractor's or subcontractor's payment the amount owed in delinquent taxes. The state comptroller shall remit this amount to the department of state revenue and pay the remaining balance to the contractor or subcontractor.

As added by P.L.18-1990, SEC.219. Amended by P.L.9-2024, SEC.307.
Ind. Code § 8-23-9-55 — Indiana Code / Title 8 / Article 23 / Chapter 9 / Section 8-23-9-55
Use of state highway fund
Status: in_force

Sec. 55. Money in the state highway fund shall be used for the following:

(1) Operation of the department.

(2) Construction, reconstruction, operation, maintenance, and control of the state highways that are the responsibility of the department and of tollways that are the responsibility of the department under IC 8-15-3.

As added by P.L.18-1990, SEC.218.
Ind. Code § 8-9.5-8-5 — Indiana Code / Title 8 / Article 9.5 / Chapter 8 / Section 8-9.5-8-5
Feasibility studies
Status: in_force

Sec. 5. (a) The authority shall study the need for and feasibility of constructing a new toll road under IC 8-15-2 or a new toll bridge under IC 8-16-1 only after receiving the approval of the commissioner of the Indiana department of transportation.

(b) If a study conducted under IC 8-15-2-20 indicates that a toll road project would have a substantial and positive impact, the authority shall recommend to the commissioner of the Indiana department of transportation that the toll road project be initiated.

As added by P.L.109-1983, SEC.3. Amended by P.L.68-1988, SEC.8; P.L.112-1989, SEC.2.
Ind. Code § 8-1-2-72 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-72
Orders; rescission; modification
Status: in_force

Sec. 72. The commission may, at any time, upon notice to the public utility and after opportunity to be heard as provided in sections 54 through 67 of this chapter, rescind, alter, or amend any order fixing any rate or rates, tolls, charges, or schedules, or any other order made by the commission, and certified copies of the same shall be served and take effect as provided in this chapter for original orders.

Formerly: Acts 1913, c.76, s.76. As amended by P.L.59-1984, SEC.31.
Ind. Code § 8-14.5-8-3 — Indiana Code / Title 8 / Article 14.5 / Chapter 8 / Section 8-14.5-8-3
Grade separations
Status: in_force

Sec. 3. A project under this chapter may include building a grade separation of the railroad if the department determines that is the best solution for the crossing.

As added by P.L.218-2017, SEC.68.
Ind. Code § 8-4-1-6 — Indiana Code / Title 8 / Article 4 / Chapter 1 / Section 8-4-1-6
Meetings of shareholders; notice; requisites
Status: in_force

Sec. 6. Meetings of the stockholders may be called at any time during the interval between the annual meetings, by the directors or by the stockholders owning not less than one-fourth (1/4) of the stock, by giving thirty (30) days public notice of the time and place of the meetings, in the manner provided in section 5 of this chapter for the annual meetings; and when any such meeting is called by the stockholders, the particular object of such meeting shall be stated in such notice, and if at any such meeting thus called, a majority in value of the stockholders are not represented in person or by proxy, such meeting shall be adjourned from day to day, not exceeding three (3) days, without transacting any business; and if, within said three (3) days, stockholders having a majority of the stock do not attend such meeting, then the meeting shall be dissolved.

Formerly: Acts 1852, 1RS, c.83, s.5. As amended by P.L.62-1984, SEC.35.
Ind. Code § 8-22-3-12 — Indiana Code / Title 8 / Article 22 / Chapter 3 / Section 8-22-3-12
Contracts for improvements and purchases
Status: in_force

Sec. 12. For all contracts for improvements and purchases, other than those for professional services and those for the acquisition of land, easements, and rights-of-way, IC 5-22, IC 36-1-9.5, and IC 36-1-12 apply.

[Pre-Local Government Recodification Citations: 19-6-2-14; 19-6-3-16; 19-6-3-17; 19-6-3.5-16.]

As added by Acts 1980, P.L.8, SEC.73. Amended by Acts 1981, P.L.57, SEC.29; P.L.85-1991, SEC.2; P.L.49-1997, SEC.36; P.L.139-2011, SEC.5.
Ind. Code § 8-1-2-92 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-92
Indeterminate licenses, permits, or franchises; purchase or condemnation by municipality
Status: in_force

Sec. 92. (a) Every license, permit, or franchise granted after April 30, 1913, to any public utility shall have the effect of an indeterminate permit subject to the provisions of this chapter, and subject to the provisions that:

(1) the license, franchise, or permit may be revoked by the commission for cause; or

(2) except as provided in IC 8-1-30-6, the municipality may purchase or condemn the property as provided in IC 8-1.5-2, IC 36-9-23, or IC 36-9-25, as applicable.

A municipality that is authorized to purchase property and a public utility that is required to sell the property under subdivision (2) shall do so at the value and according to the terms and conditions as provided in IC 8-1.5-2, IC 36-9-23, or IC 36-9-25, as applicable.

(b) If this chapter should be repealed or annulled, then all such indeterminate franchises, permits, or grants shall cease and become inoperative, and in place thereof such utility shall be reinstated in the possession and enjoyment of the license, permit, or franchise surrendered by such utility at the time of the issue of the indeterminate franchise, permit, or grant; but in no event shall such reinstated license, permit, or franchise be terminated within a less period than five (5) years from the date of the repeal or annulment of this chapter.

Formerly: Acts 1913, c.76, s.100; Acts 1933, c.190, s.11. As amended by P.L.59-1984, SEC.40; P.L.172-2009, SEC.1; P.L.270-2013, SEC.1.
Ind. Code § 8-2.1-19.1-8 — Indiana Code / Title 8 / Article 2.1 / Chapter 19.1 / Section 8-2.1-19.1-8
Motor vehicle insurance requirements; proof of coverage; payment for repairs
Status: in_force

Sec. 8. (a) Not later than July 15, 2015, a TNC driver, or a TNC on the TNC driver's behalf, shall maintain primary motor vehicle insurance that meets the following requirements:

(1) The motor vehicle insurance is issued:

(A) by an insurance company that holds a certificate of authority to do insurance business in Indiana under IC 27-1-3-20; or

(B) through a surplus lines producer licensed under IC 27-1-15.8.

(2) The language of the motor vehicle insurance policy:

(A) recognizes that the driver is a TNC driver or otherwise uses the personal vehicle to transport passengers for compensation; and

(B) covers the driver while the driver is:

(i) logged on to the TNC's digital network; or

(ii) engaged in a prearranged ride.

(3) The motor vehicle insurance must meet the following coverage requirements while a TNC driver is logged on to the TNC's digital network, but is not engaged in a prearranged ride:

(A) Primary motor vehicle liability insurance in an amount equal to at least:

(i) fifty thousand dollars ($50,000) per person for death and bodily injury;

(ii) one hundred thousand dollars ($100,000) per incident for death and bodily injury;

(iii) before July 1, 2024, twenty-five thousand dollars ($25,000) per incident for property damage; and

(iv) after June 30, 2024, fifty thousand dollars ($50,000) per incident for property damage.

(B) The insurance required by clause (A) may be provided by any of the following:

(i) Motor vehicle insurance maintained by the TNC driver.

(ii) Motor vehicle insurance maintained by the TNC.

(iii) Motor vehicle insurance maintained by any combination of persons or entities under items (i) and (ii).

(4) The motor vehicle insurance must meet the following coverage requirements while a TNC driver is engaged in a prearranged ride:

(A) Primary motor vehicle liability insurance in an amount equal to at least one million dollars ($1,000,000) per incident for death, bodily injury, and property damage.

(B) The insurance required by clause (A) may be provided by any of the following:

(i) Motor vehicle insurance maintained by the TNC driver.

(ii) Motor vehicle insurance maintained by the TNC.

(iii) Motor vehicle insurance maintained by any combination of persons or entities under items (i) and (ii).

(b) If motor vehicle insurance maintained by a TNC driver as described in subsection (a) lapses or does not provide the required coverage:

(1) motor vehicle insurance maintained by the TNC must provide the required coverage beginning with the first dollar of a claim; and

(2) the insurance company that issues the motor vehicle insurance described in subdivision (1) has a duty to defend the claim described in subdivision (1).

(c) Coverage under motor vehicle insurance maintained by a TNC may not be dependent on a personal motor vehicle insurance company's first denying a claim for coverage under a personal motor vehicle insurance policy, nor may a personal motor vehicle insurance company be required to first deny a claim.

(d) A motor vehicle insurance policy that meets the coverage requirements of subsection (a) satisfies the financial responsibility requirement of IC 9-25 while the driver of the personal vehicle is:

(1) logged on to the TNC's digital network; or

(2) engaged in a prearranged ride.

(e) A TNC driver shall do the following:

(1) At all times during which the TNC driver uses a personal vehicle in connection with a TNC's digital network, carry proof of the coverage required by subsection (a).

(2) In the event of an accident, upon request, provide to directly interested parties, motor vehicle insurance companies, and investigating law enforcement officers:

(A) the proof described in subdivision (1); and

(B) a disclosure of whether the TNC driver was:

(i) logged on to the TNC's digital network; or

(ii) engaged in a prearranged ride;

at the time of the accident.

Information provided under this subdivision may be provided in electronic form under IC 27-1-43-3, as applicable.

(f) If a TNC's motor vehicle insurance provides comprehensive coverage or collision coverage for a claim for repair to a personal vehicle, the TNC shall direct the insurance company to make the claim payment:

(1) directly to the person that repairs the personal vehicle as payment in full for the completed repairs; or

(2) jointly to:

(A) the owner of; and

(B) any primary lienholder on;

the personal vehicle.

As added by P.L.175-2015, SEC.10. Amended by P.L.85-2017, SEC.38; P.L.215-2023, SEC.9.
Ind. Code § 8-1-26-20 — Indiana Code / Title 8 / Article 1 / Chapter 26 / Section 8-1-26-20
Duties of excavator; facilities in or under pavement; use of mechanized equipment; civil penalties
Status: in_force

Sec. 20. (a) In addition to the notice required in section 16 of this chapter, a person responsible for an excavation or demolition operation under section 14 of this chapter shall do all of the following:

(1) Plan the excavation or demolition to avoid damage to or minimize interference with underground facilities in and near the construction area.

(2) Maintain a clearance between an underground facility, as marked by the operator, and the cutting edge or point of mechanized equipment equal to the tolerance zone of the physical plant. If the clearance is less than two (2) feet, or if an underground facility is located or contained in or under pavement or another manmade hard surface, exposure of the underground facility may be accomplished only as follows:

(A) Only by the use of:

(i) hand excavation;

(ii) air cutting;

(iii) vacuum excavation; or

(iv) hydro vacuum excavation.

(B) Mechanized equipment may not be used within the tolerance zone of the physical plant unless the person responsible for the excavation or demolition does the following:

(i) Visually identifies the precise location of the underground facilities or visually confirms that no facility is present within the depth of the excavation.

(ii) Takes reasonable precautions to avoid any substantial weakening of the underground facilities' structural or lateral support.

(iii) Takes reasonable precautions to avoid penetration or destruction of the underground facilities, including their protective coatings.

(iv) Requires an individual other than the equipment operator to visually monitor the excavation activity.

(C) Mechanized equipment may be used for the initial penetration and removal of pavement or other manmade hard surfaces if an underground facility is located or contained in or under pavement or another manmade hard surface, or if there is pavement or another manmade hard surface extending up to the tolerance zone of the physical plant, subject to the following:

(i) The person responsible for the excavation or demolition must plan the excavation to avoid damage to or minimize interference with the underground facilities, as required under subdivision (1).

(ii) The person responsible for the excavation or demolition must take into account the known limits of control of the mechanized equipment's cutting edge or point.

(iii) The mechanized equipment may be used only to the depth necessary to remove the pavement or other manmade hard surface.

(3) Notify the association if:

(A) there is evidence of an unmarked facility in the area of the excavation or demolition; or

(B) the markings indicating the location of an underground facility have become illegible.

(b) A person who:

(1) violates subsection (a); and

(2) causes damage to a pipeline facility in the area of the excavation or demolition;

may be subject to a civil penalty in an amount recommended by the advisory committee and approved by the commission, not to exceed ten thousand dollars ($10,000).

As added by P.L.69-1990, SEC.2. Amended by P.L.62-2009, SEC.17; P.L.200-2014, SEC.6; P.L.53-2024, SEC.10.
Ind. Code § 8-1-32.5-15 — Indiana Code / Title 8 / Article 1 / Chapter 32.5 / Section 8-1-32.5-15
Commission's authority to adopt rules
Status: in_force

Sec. 15. The commission may adopt rules under IC 4-22-2 to implement this chapter.

As added by P.L.27-2006, SEC.55.
Ind. Code § 8-15-3-1 — Indiana Code / Title 8 / Article 15 / Chapter 3 / Section 8-15-3-1
"Cost"
Status: in_force

Sec. 1. As used in this chapter, "cost" (as applied to a tollway or any part of a tollway) includes the following:

(1) The cost of construction, including bridges over or under other public roads and railroads.

(2) The cost of acquisition of all real property, rights-of-way, rights, easements, and interests acquired by the department for construction.

(3) The cost of demolishing or removing any building or structure on acquired real property, including the cost of acquiring any real property to which buildings or structures may be moved.

(4) The cost of diverting highways, interchanges of highways, and access roads to private property, including the cost of real property or easements.

(5) The cost of all machinery and equipment.

(6) The cost of traffic estimates and of engineering and legal expenses, plans, specifications, surveys, and estimates of costs and revenues.

(7) Other expenses that are necessary or incidental to the construction, reconstruction, or conversion of the tollway and the placing of the tollway in operation.

(8) Administrative expenses.

(9) Any obligation or expense incurred by the department for surveys, borings, preparation of plans and specifications, and other engineering services in connection with the construction of a tollway under this chapter.

(10) The repayment of a grant from a federal agency that the department itself is authorized to repay under section 19 of this chapter in connection with a tollway.

(11) The cost of conversion of a state highway to a tollway under IC 8-23-7-22.

As added by P.L.386-1987(ss), SEC.13. Amended by P.L.18-1990, SEC.135.
Ind. Code § 8-18-21-17 — Indiana Code / Title 8 / Article 18 / Chapter 21 / Section 8-18-21-17
Contracts subject to public works statutes
Status: in_force

Sec. 17. All contracts let by a toll road authority for the construction and equipment of a toll road facility must be let in accordance with the general statutes concerning public works.

As added by P.L.386-1987(ss), SEC.21.
Ind. Code § 8-23-9-44 — Indiana Code / Title 8 / Article 23 / Chapter 9 / Section 8-23-9-44
Railroad crossings; separation of grades; maintenance
Status: in_force

Sec. 44. After the construction of a separation, the department shall maintain the highway and the structures supporting it and the railroad shall maintain its roadway and track and the structures supporting the same.

As added by P.L.18-1990, SEC.218.
Ind. Code § 8-23-20-23 — Indiana Code / Title 8 / Article 23 / Chapter 20 / Section 8-23-20-23
Federal aid; acceptance
Status: in_force

Sec. 23. The department may accept an allotment of funds by the United States, or an agency of the United States, appropriated to carry out 23 U.S.C. 131. The department shall take any necessary action to obtain funds allotted under 23 U.S.C. 131 to receive reimbursement for the federal share of the just compensation paid to owners under sections 10 and 20 of this chapter.

As added by P.L.18-1990, SEC.229.
Ind. Code § 8-1-45-4 — Indiana Code / Title 8 / Article 1 / Chapter 45 / Section 8-1-45-4
"Foreign company"
Status: in_force

Sec. 4. As used in this chapter, "foreign company" means a company that:

(1) is at least fifty percent (50%) owned by a foreign adversary (as defined in 15 CFR 791.2); or

(2) is headquartered in a country with a government that is a foreign adversary (as defined in 15 CFR 791.2).

As added by P.L.49-2025, SEC.1.
Ind. Code § 8-1-31.6-5 — Indiana Code / Title 8 / Article 1 / Chapter 31.6 / Section 8-1-31.6-5
Commission approval of water utility's plan for customer lead service line improvements
Status: in_force

Sec. 5. (a) Before a water utility may seek to include customer lead service line improvements as eligible infrastructure improvements:

(1) for purposes of IC 8-1-31, for public utilities; or

(2) for purpose of this chapter, for municipally owned utilities;

the water utility must first obtain approval from the commission of the water utility's plan for the customer lead service line improvements. To seek approval of the water utility's plan for the customer lead service line improvements, the water utility shall file with the commission a petition and a case-in-chief, including the information set forth in section 6 of this chapter.

(b) After holding a properly noticed public hearing, the commission shall approve the water utility's plan under this section if the commission makes the required findings under section 6 of this chapter.

(c) The commission shall issue the commission's final order on the water utility's petition not later than two hundred ten (210) days after the filing of the water utility's case-in-chief.

As added by P.L.91-2017, SEC.8. Amended by P.L.137-2020, SEC.3.
Ind. Code § 8-14.5-2-3 — Indiana Code / Title 8 / Article 14.5 / Chapter 2 / Section 8-14.5-2-3
Bonds
Status: in_force

Sec. 3. "Bonds" refers to bonds of the authority issued under IC 8-14.5-6 or IC 8-14.5-7.

As added by P.L.68-1988, SEC.12. Amended by P.L.246-2005, SEC.80.
Ind. Code § 8-3-21-5 — Indiana Code / Title 8 / Article 3 / Chapter 21 / Section 8-3-21-5
Interstate rail passenger advisory council
Status: in_force

Sec. 5. The interstate rail passenger advisory council (referred to in this compact as the "council") is created. The membership of the council consists of three (3) individuals from each participating state. The governor, president pro tempore of the senate, and speaker of the house of representatives shall each appoint one (1) member of the council.

As added by P.L.58-1992, SEC.1.
Ind. Code § 8-15.5-5-3 — Indiana Code / Title 8 / Article 15.5 / Chapter 5 / Section 8-15.5-5-3
Other permitted provisions of public-private agreement
Status: in_force

Sec. 3. In addition to the requirements of section 2 of this chapter, a public-private agreement may include additional provisions concerning the following:

(1) Review and approval by the authority of the operator's plans for the development and operation of the project.

(2) Inspection by the authority of construction of or improvements to the project.

(3) Maintenance by the operator of a policy or policies of public liability insurance (copies of which shall be filed with the authority, accompanied by proofs of coverage) or self-insurance, each in a form and amount satisfactory to the authority to insure coverage of tort liability to the public and employees and to enable the continued operation of the project.

(4) Filing by the operator, on a periodic basis, of appropriate traffic reports in a form acceptable to the authority.

(5) Payments to the operator. These payments may consist of one (1) or more of the following:

(A) The retention by the operator of the user fees collected by the operator in the operation and management of a toll road project or a facility project, if applicable.

(B) Payments made to the operator by the authority.

(C) Other sources of payment or revenue to the operator, if any.

(6) Financing obligations of the operator and the authority, including entering into agreements for the benefit of the financing parties.

(7) Apportionment of expenses between the operator and the authority.

(8) The rights and duties of the operator, the authority, and other state and local governmental entities with respect to use of the project, including the state police department and other law enforcement and public safety agencies.

(9) Arbitration or other dispute resolution mechanisms or remedies for the settlement of claims and other disputes arising under the agreement.

(10) Payment of money to either party upon default or delay, or upon termination of the public-private agreement, with the payments to be used:

(A) in the form of liquidated damages to compensate the operator for demonstrated unamortized costs, lost profits, or other amounts as provided in the agreement;

(B) to retire or refinance indebtedness related to the project or the public-private agreement; or

(C) for any other purpose mutually agreeable to the operator and the authority.

(11) Indemnification of the operator by the authority under conditions specified in the agreement.

(12) Assignment, subcontracting, or other delegation of responsibilities of the operator or the authority under the agreement to third parties, including other private entities, the department, and other state agencies.

(13) Sale or lease to the operator of personal property related to the project.

(14) Provisions for private commercial development or private use for a facility project.

(15) Other lawful terms and conditions to which the operator and the authority mutually agree.

As added by P.L.47-2006, SEC.39. Amended by P.L.205-2013, SEC.151; P.L.213-2015, SEC.111; P.L.189-2018, SEC.91.
Ind. Code § 8-4-1-10 — Indiana Code / Title 8 / Article 4 / Chapter 1 / Section 8-4-1-10
By-laws; officers and employees; appointment and duties
Status: in_force

Sec. 10. The directors of such company shall have power to make by-laws for the management and disposition of stock, property and business affairs of such company not inconsistent with the laws of this state, and prescribing the duties of officers, artificers, and servants, that may be employed, and for the appointment of all the officers for carrying on all business within the object and purposes of such company.

Formerly: Acts 1852, 1RS, c.83, s.9.
Ind. Code § 8-25-2-11 — Indiana Code / Title 8 / Article 25 / Chapter 2 / Section 8-25-2-11
Use of general state tax revenues prohibited; distributions from the public mass transportation fund exempted from the prohibition
Status: in_force

Sec. 11. No general tax revenues of the state may be used to pay for a transportation project or service under this article. However, this section does not apply to distributions from the public mass transportation fund (before its repeal).

As added by P.L.153-2014, SEC.17. Amended by P.L.201-2023, SEC.117.
Ind. Code § 8-10-5-3 — Indiana Code / Title 8 / Article 10 / Chapter 5 / Section 8-10-5-3
Counties creating port authority; reimbursement of municipal corporations
Status: in_force

Sec. 3. Any county, which seeks to create a port authority shall, prior to such creation of a port authority, and prior to the exercising of the hereinafter described rights, compensate in full the municipal corporations included in the territory of such county, in an amount of money equal to the waterfront investment of such municipal corporations in the territory or adjoining lands including but not limited to appropriations, expenditures, charges for materials used or labor performed by public officials or employees of said municipal corporation in the placing, construction, development, or improvement of land fills; waterfront shoreways or highways; bulkheads; connecting ways; tracts, breakwaters; soil erosion projects; harbor improvements; public beaches; boat harbor facilities; drainage systems; docks; bridges; wharves; piers; places; ways; buildings and appurtenances; sewers; public utility facilities for power, light, heat or water; dredging or channel improvement projects; communications systems; and lakefront improvements. Such municipal corporations may decline to demand compensation for any of the foregoing components of their waterfront investment and thereby retain their possession, custody, control, and property interest in the component for which no compensation is demanded.

Such compensation paid to the municipal corporation may not be derived or take origin directly or indirectly from levies, taxes, assessments, fees, or charges of any kind or nature which were imposed or will be imposed upon the citizens, electors or taxpayers of the municipal corporation which receives such compensation.

Formerly: Acts 1959, c.343, s.3.
Ind. Code § 8-23-9.5-26 — Indiana Code / Title 8 / Article 23 / Chapter 9.5 / Section 8-23-9.5-26
Payment and performance bonds
Status: in_force

Sec. 26. (a) A contract with the department entered into under this chapter must require the selected CMGC or PDB to provide payment and performance bonds in an amount not less than the estimated cost of:

(1) the project; or

(2) the GMP, as described in the request for proposals.

(b) Construction services may not be performed until the CMGC or the PDB has provided the bonds as required under subsection (a).

(c) A performance or payment bond is not required for, and does not provide coverage for, a part of a contract that includes only design services.

(d) This section does not impair the ability of the department to seek recovery under a contract from the selected CMGC or PDB for errors, omissions, or defects in design services.

As added by P.L.60-2023, SEC.2.
Ind. Code § 8-1-2.2-18 — Indiana Code / Title 8 / Article 1 / Chapter 2.2 / Section 8-1-2.2-18
Limited liability on bonds
Status: in_force

Sec. 18. Limited Liability. (a) The bonds issued under the authority of this chapter by a municipality shall not be general obligations of the municipality issuing them. The principal of, premium, if any, and interest on the bonds shall not be payable from the general funds of the municipality, nor shall they constitute a legal or equitable pledge, charge, lien, or encumbrance upon any of its property or upon any of its income, receipts, or revenues, except the funds which are pledged under the resolution authorizing the bonds or the trust agreement securing the bonds. Neither the faith and credit nor the taxing power of a municipality or of the state are, or may be, pledged for the payment of the principal of, premium, if any, or interest on the bonds, and no holder of the bonds shall have the right to compel the exercise of the taxing power by the state or a municipality or the forfeiture of any of its property in connection with any default. Every bond shall recite in substance that the principal of, premium, if any, and interest on the bond is payable solely from the revenues and other funds pledged to its payment and that the municipality is not obligated to pay the principal, premium, if any, or interest except from such revenues and other funds.

(b) The bonds issued under the authority of this chapter by a joint agency shall constitute obligations of the joint agency issuing them and neither the state nor any political subdivision thereof, other than the joint agency, shall be obligated to pay the principal of, premium, if any, or interest on the bonds and neither the faith and credit nor the taxing power of the state or any such political subdivision thereof or of any such municipality shall be pledged to the payment of the principal of, premium, if any, or interest on the bonds.

(c) Payments made under a transmission contract under section 9(a)(14) of this chapter must be paid solely from revenues of the joint agency entering into the contract. The obligation to make these payments does not constitute an indebtedness, or lend the credit of the state, a political subdivision, or a municipality to a public utility.

As added by Acts 1980, P.L.68, SEC.1. Amended by P.L.81-1997, SEC.5.
Ind. Code § 8-1-45-3 — Indiana Code / Title 8 / Article 1 / Chapter 45 / Section 8-1-45-3
"Data center"
Status: in_force

Sec. 3. As used in this chapter, "data center" means a facility:

(1) the primary services of which are the storage, management, and processing of digital data; and

(2) that is used to house:

(A) computer and network systems, including associated components, such as servers, network equipment and appliances, telecommunications, and data storage systems;

(B) systems for monitoring and managing infrastructure performance;

(C) Internet related equipment and services;

(D) data communications connections;

(E) environmental controls;

(F) fire protection systems; and

(G) security systems and services.

As added by P.L.49-2025, SEC.1.
Ind. Code § 8-22-1-2 — Indiana Code / Title 8 / Article 22 / Chapter 1 / Section 8-22-1-2
"Aircraft"
Status: in_force

Sec. 2. "Aircraft" means a vehicle used or designed for navigation of or flight in the air.

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

As added by Acts 1980, P.L.8, SEC.73.
Ind. Code § 8-20-1-26 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-26
Railroad companies
Status: in_force

Sec. 26. (a) Every railroad company may construct its railroad across any stream, water course, road, highway, railroad, or canal that it intersects in a manner that does not interfere with the free use of the road. The railroad company shall restore the stream or water course, road, highway, or canal intersected to its former state.

(b) When the track crosses a highway, the crossing may be at grade or the highway may be carried under or over the track. If an embankment or cutting makes a change in the line of the highway desirable, the railroad company may take additional lands for the construction of the highway or new line. When land is taken, it becomes a part of the highway.

Formerly: Acts 1905, c.167, s.35. As amended by P.L.86-1988, SEC.180.
Ind. Code § 8-2.1-25-7 — Indiana Code / Title 8 / Article 2.1 / Chapter 25 / Section 8-2.1-25-7
Violations
Status: in_force

Sec. 7. A motor carrier or bus driver who knowingly or intentionally operates or permits to be operated a motor bus in violation of this chapter commits a Class B misdemeanor.

As added by P.L.86-1997, SEC.1.
Ind. Code § 8-23-20-8 — Indiana Code / Title 8 / Article 23 / Chapter 20 / Section 8-23-20-8
Directional signs within 200 feet of right-of-way
Status: in_force

Sec. 8. A person may not erect or maintain in the right-of-way of a highway in the state highway system, or within two hundred (200) feet of the right-of-way, a sign or device directing or indicating on what highway or route a person should travel to reach a designated place or highway without the written consent of the department. The department may remove a sign or device erected or maintained in violation of this section.

As added by P.L.18-1990, SEC.229.
Ind. Code § 8-1-2-90 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-90
Repealed
Status: repealed

Formerly: Acts 1913, c.76, s.98; Acts 1933, c.190, s.10; Acts 1937, c.115, s.1. Repealed by Acts 1982, P.L.74, SEC.6.
Ind. Code § 8-4-3-1 — Indiana Code / Title 8 / Article 4 / Chapter 3 / Section 8-4-3-1
Election
Status: in_force

Sec. 1. The stockholders of any railroad company incorporated in this state before May 6, 1853, or that may be incorporated after May 6, 1853, may, by the vote of a majority in interest of the stockholders of such company, at any annual or other meeting thereof, determine that the directors of said company shall consist of any number not less than five (5) nor more than thirteen (13), who shall be chosen from any of the stockholders; and thereafter such company may elect from any of its stockholders the number of directors it has fixed and determined upon, in the same manner and with the same effect as if this section was contained in the original statute incorporating such company.

Formerly: Acts 1852, 1RS, c.85, s.2. As amended by P.L.62-1984, SEC.46.
Ind. Code § 8-1-8.5-5 — Indiana Code / Title 8 / Article 1 / Chapter 8.5 / Section 8-1-8.5-5
Estimate of costs; hearing on application; granting of certificate; findings; utility specific proposals; construction of large generating facilities; competitive bidding
Status: in_force

Sec. 5. (a) As a condition for receiving the certificate required under section 2 of this chapter, the applicant shall file an estimate of construction, purchase, or lease costs in such detail as the commission may require.

(b) The commission shall hold a public hearing on each such application. The commission may consider all relevant information related to construction, purchase, or lease costs. The commission shall issue an order granting or denying a certificate not later than two hundred forty (240) days after the date the application for the certificate and the applicant's case in chief are filed with the commission. The commission may issue a general administrative order establishing guidelines regarding the information to be included in the applicant's case in chief. A certificate shall be granted only if the commission has:

(1) made a finding as to the best estimate of construction, purchase, or lease costs based on the evidence of record;

(2) made a finding that either:

(A) the construction, purchase, or lease will be consistent with the commission's analysis (or such part of the analysis as may then be developed, if any) for expansion of electric generating capacity; or

(B) the construction, purchase, or lease is consistent with a utility specific proposal submitted under section 3(e)(1) of this chapter and approved under subsection (d). However, if the commission has developed, in whole or in part, an analysis for the expansion of electric generating capacity and the applicant has filed and the commission has approved under subsection (d) a utility specific proposal submitted under section 3(e)(1) of this chapter, the commission shall make a finding under this clause that the construction, purchase, or lease is consistent with the commission's analysis, to the extent developed, and that the construction, purchase, or lease is consistent with the applicant's plan under section 3(e)(1) of this chapter, to the extent the plan was approved by the commission;

(3) made a finding that the public convenience and necessity require or will require the construction, purchase, or lease of the facility;

(4) made a finding that the facility, if it is a coal-consuming facility, utilizes Indiana coal or is justified, because of economic considerations or governmental requirements, in using non-Indiana coal; and

(5) made the findings under subsection (e), if applicable.

(c) If:

(1) the commission grants a certificate under this chapter based upon a finding under subsection (b)(2) that the construction, purchase, or lease of a generating facility is consistent with the commission's analysis for the expansion of electric generating capacity; and

(2) a court finally determines that the commission analysis is invalid;

the certificate shall remain in full force and effect if the certificate was also based upon a finding under subsection (b)(2) that the construction, purchase, or lease of the facility was consistent with a utility specific plan submitted under section 3(e)(1) of this chapter and approved under subsection (d).

(d) The commission shall consider and approve, in whole or in part, or disapprove a utility specific proposal or an amendment thereto jointly with an application for a certificate under this chapter. However, such an approval or disapproval shall be solely for the purpose of acting upon the pending certificate for the construction, purchase, or lease of a facility for the generation of electricity.

(e) This subsection applies if an applicant proposes to construct a facility with a generating capacity of more than eighty (80) megawatts. Before granting a certificate to the applicant, the commission:

(1) must, in addition to the findings required under subsection (b), find that:

(A) the estimated costs of the proposed facility are, to the extent commercially practicable, the result of competitively bid engineering, procurement, or construction contracts, as applicable; and

(B) if the applicant is an electricity supplier (as defined in IC 8-1-37-6), the applicant allowed or will allow third parties to submit firm and binding bids for the construction of the proposed facility on behalf of the applicant that met or meet all of the technical, commercial, and other specifications required by the applicant for the proposed facility so as to enable ownership of the proposed facility to vest with the applicant not later than the date on which the proposed facility becomes commercially available; and

(2) shall also consider the following factors:

(A) Reliability.

(B) Solicitation by the applicant of competitive bids to obtain purchased power capacity and energy from alternative suppliers.

The applicant, including an affiliate of the applicant, may participate in competitive bidding described in this subsection.

As added by P.L.43-1983, SEC.12. Amended by P.L.88-1985, SEC.10; P.L.53-1992, SEC.4; P.L.210-2014, SEC.1; P.L.246-2015, SEC.2; P.L.264-2017, SEC.4; P.L.83-2023, SEC.1.
Ind. Code § 8-25-7-2 — Indiana Code / Title 8 / Article 25 / Chapter 7 / Section 8-25-7-2
"Board"
Status: in_force

Sec. 2. As used in this chapter, "board" refers to the board of a public transportation corporation providing public transportation services in Marion County.

As added by P.L.153-2014, SEC.17.
Ind. Code § 8-1.5-1-2 — Indiana Code / Title 8 / Article 1.5 / Chapter 1 / Section 8-1.5-1-2
"Acquisition"
Status: in_force

Sec. 2. "Acquisition" includes the following methods of obtaining property:

(1) Purchases.

(2) Condemnation.

(3) Leases.

(4) Exchanges.

(5) Acceptance of gifts.

As added by Acts 1982, P.L.74, SEC.1.
Ind. Code § 8-4-7-12 — Indiana Code / Title 8 / Article 4 / Chapter 7 / Section 8-4-7-12
Directors, officers, and employees
Status: in_force

Sec. 12. The board of directors of any such union railway company shall annually elect a president, a vice-president, a secretary and a treasurer, who shall serve for one (1) year, and until their successors are elected. Any general officer of either of the proprietary companies shall be eligible as president. The vice-president, secretary and treasurer need not necessarily be an officer of one of said proprietary companies.

Formerly: Acts 1885, c.20, s.12.
Ind. Code § 8-1-2-127 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-127
Customer billing; indication of amount of federal energy tax
Status: in_force

Sec. 127. A public utility shall:

(1) indicate separately and conspicuously on each customer's bill the total charge attributable to any tax imposed under federal law on the basis of British Thermal Units or any other measure of the energy content of energy consumed by the customer during the billing period; and

(2) identify the charge described under subdivision (1) as a federal energy tax.

As added by P.L.35-1993, SEC.2.
Ind. Code § 8-1-2-108 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-108
Officers and employees; violations; municipally owned utilities; annual reports
Status: in_force

Sec. 108. (a) An officer, agent, or employee of any public utility, or a public utility (as defined in this chapter) who:

(1) fails to fill out and return any blanks as required by this chapter;

(2) fails to answer any question therein propounded;

(3) knowingly gives a false answer to any such question or evades the answer to any such question where the fact inquired of is within his knowledge;

(4) fails, upon proper demand, to exhibit to the commission, any commissioner, any administrative law judge, or any person authorized to examine the same, any book, paper, account, record, or memoranda of the public utility which is in his possession or under his control;

(5) fails to keep his system of accounting, or any part thereof, which is required by the commission; or

(6) refuses to do any act or thing in connection with the system of accounting when so directed by the commission or its authorized representative;

commits a Class B infraction.

(b) A municipally owned and operated utility under the jurisdiction of the commission for approval of rates and charges shall file with the commission, an annual report of the operation of said plant on forms to be furnished by the commission, which forms are to be substantially the same as for reports filed annually with the commission by public utilities. Such annual reports shall remain in the office of said commission as a public record. Whenever in this chapter public utilities are required to make reports to the commission or are otherwise subject to the commission, municipally owned utilities are exempted from making such reports and are not under the jurisdiction of the commission, except as otherwise provided.

Formerly: Acts 1913, c.76, s.117; Acts 1933, c.190, s.21. As amended by Acts 1977, P.L.99, SEC.1; Acts 1978, P.L.2, SEC.806; Acts 1979, P.L.84, SEC.4; P.L.23-1988, SEC.28; P.L.68-1990, SEC.1.
Ind. Code § 8-9.5-8-9 — Indiana Code / Title 8 / Article 9.5 / Chapter 8 / Section 8-9.5-8-9
Tolls; imposition and collection
Status: in_force

Sec. 9. The authority shall fix, impose, and collect tolls for the use of a toll road in the manner prescribed in IC 8-15-2 and for the use of a toll bridge in the manner prescribed by IC 8-16-1, except when the toll road project or toll bridge is leased to the department under section 8 of this chapter.

As added by P.L.109-1983, SEC.3.
Ind. Code § 8-2.1-22-9 — Indiana Code / Title 8 / Article 2.1 / Chapter 22 / Section 8-2.1-22-9
Additional powers of department; employment and compensation of staff
Status: in_force

Sec. 9. The department may do and perform all reasonably necessary things to carry out the purposes of this chapter, whether specifically mentioned in this chapter or not, including the power, subject to the approval of the governor, to employ and fix the compensation of administrative law judges, investigators, clerks, and other employees as are necessary for the effective administration of this chapter.

As added by P.L.99-1989, SEC.13.
Ind. Code § 8-5-15-8 — Indiana Code / Title 8 / Article 5 / Chapter 15 / Section 8-5-15-8
Grant of funds
Status: in_force

Sec. 8. The board of commissioners of any county may authorize the grant of funds to any commuter transportation system serving or passing through the county for the purchase of equipment or other capital improvements. The grants shall be made to a district for distribution to the commuter transportation systems or for purchases of equipment or capital improvements to be used on or by the systems in connection with its public transportation operation.

[Pre-Local Government Recodification Citation: 19-5-2.6-9.]

As added by Acts 1980, P.L.8, SEC.68. Amended by P.L.108-2019, SEC.151.
Ind. Code § 8-6-2.1-24 — Indiana Code / Title 8 / Article 6 / Chapter 2.1 / Section 8-6-2.1-24
Interests of mentally incompetent persons or infants; guardianship
Status: in_force

Sec. 24. If any person having an interest in land affected by the proceedings is mentally incompetent or under the age of eighteen (18) years, the board shall certify that fact to its attorney. The attorney shall apply to the proper court and secure the appointment of a guardian for the person under eighteen (18) years of age or mentally incompetent person. The board shall give notice to the guardian, who shall appear and protect the interest of the protected person. If the person under eighteen (18) years of age or mentally incompetent person already has a guardian, the notice shall be served upon the guardian. The requisites of notice to the guardian shall be the same as for other notices.

[Pre-Local Government Recodification Citation: 19-5-14-24.]

As added by Acts 1980, P.L.8, SEC.70. Amended by P.L.33-1989, SEC.8.
Ind. Code § 8-1-29-7 — Indiana Code / Title 8 / Article 1 / Chapter 29 / Section 8-1-29-7
Complaints; hearings
Status: in_force

Sec. 7. A complaint may be filed with the commission by any of the following:

(1) A customer of a telecommunications provider who has been:

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

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

(2) A telecommunications provider that has been removed as a customer's telecommunications provider without the customer's authorization.

(3) The commission on its own motion.

(4) The office of the utility consumer counselor.

A hearing held on a complaint filed under this section must be consistent with IC 8-1-1-8.

As added by P.L.92-1998, SEC.2. Amended by P.L.135-1999, SEC.6.
Ind. Code § 8-1.5-2-18 — Indiana Code / Title 8 / Article 1.5 / Chapter 2 / Section 8-1.5-2-18
Bonds; payable out of special account; issuance
Status: in_force

Sec. 18. (a) To provide money to pay for the construction or acquisition of a utility under this chapter, or its extension, improvement, or replacement in whole or in part, or its repair, the municipal legislative body may issue and sell bonds bearing interest at any rate, executed and payable at times not to exceed forty (40) years from the date of issuance, and at places as the legislative body determines. The bonds and interest on them are payable only out of a special account, and the bonds do not constitute an indebtedness of the municipality within the meaning of the constitutional limitations.

(b) Each bond must state plainly upon its face:

(1) that it is payable only from a special account;

(2) the account and the ordinance creating it; and

(3) that it does not constitute an indebtedness of the municipality within the meaning of any constitutional debt limitation.

(c) The bonds shall be sold in accordance with IC 5-1-11.

(d) This section provides an alternative method of financing for all municipalities, notwithstanding any other law.

As added by Acts 1982, P.L.74, SEC.1.
Ind. Code § 8-20-1-34 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-34
Bridges within corporate limits of municipalities
Status: in_force

Sec. 34. The executive of any county may build or repair any bridge within the corporate limits of any municipality in the county in the same manner and paid for out of the same funds as are other bridges located outside of corporate limits.

Formerly: Acts 1905, c.167, s.44. As amended by P.L.86-1988, SEC.186.
Ind. Code § 8-1-42-2 — Indiana Code / Title 8 / Article 1 / Chapter 42 / Section 8-1-42-2
"Commercial solar energy system"
Status: in_force

Sec. 2. (a) As used in this chapter, "commercial solar energy system", or "CSE system", means a system that:

(1) has a nameplate capacity of at least ten (10) megawatts; and

(2) captures and converts solar energy into electricity:

(A) for the purpose of selling the electricity at wholesale; and

(B) for use in locations other than where it is generated.

(b) The term includes solar panels, collection and feeder lines, generation tie lines, substations, ancillary buildings, solar monitoring stations, and accessory equipment or structures.

As added by P.L.90-2022, SEC.2.
Ind. Code § 8-14-3-1 — Indiana Code / Title 8 / Article 14 / Chapter 3 / Section 8-14-3-1
Repealed
Status: repealed

Formerly: Acts 1965, c.37, s.1. As amended by Acts 1980, P.L.74, SEC.220. Repealed by P.L.24-1985, SEC.25(a).
Ind. Code § 8-1-8.5-4 — Indiana Code / Title 8 / Article 1 / Chapter 8.5 / Section 8-1-8.5-4
Commission's review of petition; considerations; impact of federal phaseout mandates; provision of service with attributes specified in state policy; use of surplus interconnection service
Status: in_force

Sec. 4. (a) As used in this section, "federal phaseout mandate" means any federal statutory or regulatory requirement that:

(1) is established after April 20, 2021, by the Congress of the United States, a federal regulatory agency, or a federal executive order; and

(2) requires the phaseout or discontinuance of a particular type of electric generating facility, technology, or fuel source.

(b) As used in this section, "surplus interconnection service" has the meaning set forth in section 3.6 of this chapter.

(c) In acting upon any petition for the construction, purchase, or lease of any facility for the generation of electricity, the commission shall take into account the following:

(1) The applicant's current and potential arrangement with other electric utilities for:

(A) the interchange of power;

(B) the pooling of facilities;

(C) the purchase of power; and

(D) joint ownership of facilities.

(2) Other methods for providing reliable, efficient, and economical electric service, including the refurbishment of existing facilities, conservation, load management, cogeneration, and renewable energy sources.

(3) With respect to a petition that:

(A) is for the construction of a new generating facility; and

(B) is submitted to the commission after June 30, 2021, and before January 1, 2025;

the impact of federal phaseout mandates on the estimated useful life of each proposed generating facility included in the petition, including depreciation expense associated with each facility.

(4) With respect to a petition that is submitted to the commission after June 30, 2023, whether the proposed construction, purchase, or lease of the facility will result in the provision of electric utility service with the attributes set forth in IC 8-1-2-0.6, including:

(A) reliability;

(B) affordability;

(C) resiliency;

(D) stability; and

(E) environmental sustainability;

as described in IC 8-1-2-0.6.

(5) With respect to a petition that is submitted to the commission after December 31, 2029, whether:

(A) the petitioner has conducted an analysis, as part of an integrated resource plan in accordance with section 3.6 of this chapter or otherwise, of the use of surplus interconnection service as an alternative to, or in conjunction with, the proposed construction, purchase, or lease of the facility; and

(B) the proposed construction, use, or lease of the facility will make use of, or allow for the use of, surplus interconnection service.

As added by P.L.43-1983, SEC.12. Amended by P.L.88-1985, SEC.9; P.L.180-2021, SEC.3; P.L.55-2023, SEC.4; P.L.126-2026, SEC.2.
Ind. Code § 8-1.5-2-22 — Indiana Code / Title 8 / Article 1.5 / Chapter 2 / Section 8-1.5-2-22
General obligation bonds; authorization; limitation
Status: in_force

Sec. 22. (a) If the municipal legislative body decides that it is impracticable to raise the entire amount necessary to construct or acquire the utility solely by the issuance and sale of revenue bonds, the legislative body may, by ordinance, provide that a part of the amount may be raised by the issuance and sale of bonds pledging the general credit of the municipality.

(b) The bonds shall be issued in accordance with IC 6-1.1-20. The bonds may not exceed one-third (1/3) of the total cost of the utility. This limitation does not apply to a utility to be owned and operated by a municipality exclusively for the purpose of furnishing utility service to the municipality for its own municipal purposes.

As added by Acts 1982, P.L.74, SEC.1.
Ind. Code § 8-15.7-2-10 — Indiana Code / Title 8 / Article 15.7 / Chapter 2 / Section 8-15.7-2-10
"Operate" or "operation"
Status: in_force

Sec. 10. "Operate" or "operation" means to do one (1) or more of the following:

(1) Maintain.

(2) Improve.

(3) Equip.

(4) Modify.

(5) Otherwise operate.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-2.1-19.1-15 — Indiana Code / Title 8 / Article 2.1 / Chapter 19.1 / Section 8-2.1-19.1-15
Nondiscrimination and accessibility
Status: in_force

Sec. 15. (a) A TNC shall adopt policies concerning nondiscrimination and accessibility that comply with state and federal law.

(b) A TNC may not impose an additional charge on or a different fare schedule for a TNC rider who is an individual with a disability.

(c) At the time a TNC rider requests a prearranged ride through a TNC's digital network, the TNC shall provide the TNC rider an opportunity to indicate whether the TNC rider requires a vehicle that is wheelchair accessible. If the TNC is unable to make available a vehicle that is wheelchair accessible, the TNC shall inform the TNC rider of an alternative service that is wheelchair accessible.

As added by P.L.175-2015, SEC.10.
Ind. Code § 8-23-2-13 — Indiana Code / Title 8 / Article 23 / Chapter 2 / Section 8-23-2-13
Notaries public; costs and expenses; powers
Status: in_force

Sec. 13. (a) The department shall determine the number of its employees appointed notaries public and pay the expense of appointment, the premiums on the official bond of the notaries, and the cost of official seals. An employee of the state appointed a notary public may do the following:

(1) Take acknowledgments of deeds, contracts, grants, and other documents to or in which the state or a state agency is a party to or has an interest.

(2) Administer oaths to a person to a document, claim, statement, or other document to be filed with the state or a state agency.

(b) A notary public appointed under this section may not charge for the service.

As added by P.L.18-1990, SEC.210.
Ind. Code § 8-16-1-0.5 — Indiana Code / Title 8 / Article 16 / Chapter 1 / Section 8-16-1-0.5
Applicability
Status: in_force

Sec. 0.5. This chapter does not apply to a project under IC 8-15.5 or IC 8-15.7 that is located within a metropolitan planning area (as defined by 23 U.S.C. 134) and that connects the state of Indiana with the commonwealth of Kentucky.

As added by P.L.85-2010, SEC.22.
Ind. Code § 8-4-14-6 — Indiana Code / Title 8 / Article 4 / Chapter 14 / Section 8-4-14-6
Vesting of railroad in foreign railroad corporation
Status: in_force

Sec. 6. In case a portion of any railroad situated within this state (a part of which is situated in another state) shall become vested in a corporation of another state, the said corporation may exercise and enjoy within this state, and also in such other state, for the purposes of such railroad and its business, all the rights, powers, faculties, franchises, and privileges in this chapter contained; and its mortgages and trust deeds shall operate and be binding as specified within the mortgages and trust deeds, and all sales under the same shall be valid and effectual. Where the railroad of a railroad corporation organized under the laws of this state has or shall become vested in a railroad corporation of another state, pursuant to an order or decree of any court or courts of the United States, in a proceeding for the reorganization of such railroad corporation of another state, pursuant to Regional Rail Reorganization Act (11 U.S.C. 101(44), 11 U.S.C. 1163, and 11 U.S.C. 1166 et seq.), such reorganized railroad corporation may exercise and enjoy within this state for the purpose of such reorganized railroad and its business, all rights, powers, privileges, franchises, and immunities that were possessed and enjoyed by said railroad corporation organized under the laws of this state; and such reorganized railroad corporation, when necessary or proper, may exercise the power of eminent domain in acquiring additional lands or property necessary or convenient for betterments, maintenance, extension, or operation of such railroad, and for the construction, use, and maintenance of spurs, switches, sidetracks, depots, stations, terminals, and other facilities to be used in connection with such railroad, in the manner and to the extent and subject to the limitations applying to Indiana railroad corporations.

Formerly: Acts 1945, c.202, s.6. As amended by P.L.62-1984, SEC.68; P.L.7-2015, SEC.22; P.L.136-2018, SEC.94.
Ind. Code § 8-16-11-1 — Indiana Code / Title 8 / Article 16 / Chapter 11 / Section 8-16-11-1
Authority to construct tunnels
Status: in_force

Sec. 1. Whenever, in the judgment of the county executive, it is necessary to bridge any highway or public street across any navigable water, the county executive may construct a tunnel underneath the navigable water, on the public street or public highway instead of a bridge.

Formerly: Acts 1911, c.256, s.1. As amended by P.L.86-1988, SEC.63.
Ind. Code § 8-23-9-24 — Indiana Code / Title 8 / Article 23 / Chapter 9 / Section 8-23-9-24
Survey monuments; procedure upon removal or burial
Status: in_force

Sec. 24. If in the construction or maintenance of a state highway it is necessary to remove or bury a monument marking or evidencing an established corner, the department shall cause to be set in the pavement or right-of-way at the place where the monument was located a monument capable of activating a metal detection device. The top of the monument must be level with the pavement or the grade of the right-of-way. The department shall cause a memorandum of the monument to be filed in the county surveyor's office of the county.

As added by P.L.18-1990, SEC.218.
Ind. Code § 8-2.1-20-8 — Indiana Code / Title 8 / Article 2.1 / Chapter 20 / Section 8-2.1-20-8
Fees
Status: in_force

Sec. 8. Fees collected under this chapter shall be deposited in the motor carrier regulation fund established under IC 8-2.1-23.

As added by P.L.110-1995, SEC.7.
Ind. Code § 8-1-1.5-1 — Indiana Code / Title 8 / Article 1 / Chapter 1.5 / Section 8-1-1.5-1
Purpose; intent
Status: in_force

Sec. 1. The purpose and intent of this chapter is to provide for the establishment, operation, and organization of a nominating committee to submit to the governor nominations of candidates to fill vacancies on the commission.

As added by P.L.43-1983, SEC.8. Amended by P.L.23-1988, SEC.19.
Ind. Code § 8-1-44-2 — Indiana Code / Title 8 / Article 1 / Chapter 44 / Section 8-1-44-2
"Commission"
Status: in_force

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

As added by P.L.137-2025, SEC.1.
Ind. Code § 8-21-9-16 — Indiana Code / Title 8 / Article 21 / Chapter 9 / Section 8-21-9-16
Eminent domain
Status: in_force

Sec. 16. The department may acquire by appropriation, under the provisions of the eminent domain law of the state, any land, including lands under water and riparian rights, property, rights, rights-of-way, franchises, easements or other property necessary or proper for the construction or the efficient operation of any airport or airport facility. The department is empowered to exercise such powers of eminent domain as may be conferred upon the authority by an Act of Congress of the United States now in force, or which may hereafter be enacted. Title to the property condemned shall be taken in the name of the state of Indiana. Nothing herein shall authorize the department to acquire by appropriation property or facilities belonging to any public utility or to a common carrier engaged in interstate commerce, which property or facilities are required for the proper and convenient operation of such public utility or common carrier, unless provision is made for the restoration, relocation or duplication of such property or facilities elsewhere at the sole cost of the authority excepting, however, cases in which such equipment or facilities are located within the limits of existing highways or public thoroughfares.

Formerly: Acts 1971, P.L.105, SEC.2. As amended by Acts 1980, P.L.74, SEC.347.
Ind. Code § 8-4-1-11 — Indiana Code / Title 8 / Article 4 / Chapter 1 / Section 8-4-1-11
Stock certificates; issuance and transfer
Status: in_force

Sec. 11. Each shareholder shall be entitled to a certificate, signed by the president or a vice-president and the secretary or an assistant secretary or the treasurer or an assistant treasurer, certifying the number of shares of stock owned by him in the company; which shares shall be deemed personal estate, and shall be transferable in the manner prescribed in the by-laws of the company; but no shares shall be transferable until all previous calls thereon shall have been fully paid in, or the shares shall have been forfeited for the nonpayment of calls thereon. Where any such certificate is signed by a transfer agent or transfer clerk and by a registrar, the signature of any such president, vice-president, secretary, assistant secretary, treasurer or assistant treasurer upon such certificate may be facsimiles, engraved or printed. In case any such officer who has signed or whose facsimile signature has been placed upon such certificate shall have ceased to be such before such certificate is issued, it may be issued by the company with the same effect as if such officer had not ceased to be such at the date of its issue. All certificates, including those heretofore issued, which are signed in facsimile, as authorized herein, shall be as valid and effectual for all purposes as if signed by the proper officers.

Formerly: Acts 1852, 1RS, c.83, s.10; Acts 1941, c.120, s.1.
Ind. Code § 8-23-7-17 — Indiana Code / Title 8 / Article 23 / Chapter 7 / Section 8-23-7-17
Exchange of lands, rights, and easements; criteria
Status: in_force

Sec. 17. Whenever the department determines that because of:

(1) a change in location of a state highway; or

(2) any other reason;

a parcel of real property owned by the department, or in which the department has rights or an easement, will not be needed, the department may exchange the parcel of property, the rights in the property, or easement in the property for a parcel of property, rights in a property, or an easement in a property, which the department determines is needed.

As added by P.L.18-1990, SEC.216.
Ind. Code § 8-1-2.5-6.5 — Indiana Code / Title 8 / Article 1 / Chapter 2.5 / Section 8-1-2.5-6.5
Commission study of performance based ratemaking for electricity suppliers; topics for study; stakeholder comments; recommendations in 2025 annual report
Status: in_force

Sec. 6.5. (a) As used in this section, "electricity supplier" means a public utility (as defined in IC 8-1-2-1(a)) that furnishes retail electric service to customers in Indiana. 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.

(b) Before September 1, 2023, the commission shall commence a comprehensive study to consider the appropriate:

(1) design and framework for; and

(2) requirements with respect to;

performance based ratemaking (as described in section 6(a)(2) of this chapter) for electricity suppliers.

(c) In conducting the study required by this section, the commission shall evaluate the following:

(1) Multi-year rate plans with incremental rate increases.

(2) Index-driven revenue formulas.

(3) Performance incentive mechanisms, including both rewards and penalties, for meeting, or failing to meet, metrics related to service or infrastructure investments.

(4) The use of performance incentive mechanisms in conjunction with traditional cost-of-service ratemaking, to provide regulatory oversight and ensure that rewards and penalties are equitably balanced and do not:

(A) over-compensate electricity suppliers for benefits provided; or

(B) under-compensate electricity suppliers for costs and risks incurred;

as applicable.

(5) Best practices for allocating the costs, benefits, and risks associated with performance incentive mechanisms between:

(A) customers and customer classes; and

(B) shareholders;

with affordability of service prioritized.

(6) Best practices for establishing quantifiable, verifiable, and clearly defined performance metrics in connection with performance incentive mechanisms.

(7) Best practices for the collection and protection of data from electricity suppliers as needed to justify or evaluate proposed or approved performance incentive mechanisms.

(8) Any other aspect of performance based ratemaking that the commission determines to be appropriate to incentivize electricity suppliers to provide value to ratepayers.

(d) In conducting the study required by this section, the commission may invite comments from:

(1) electricity suppliers;

(2) the office of utility consumer counselor;

(3) associations or organizations representing utility ratepayers;

(4) regulatory commissions or agencies in other states that have experience with performance based ratemaking;

(5) rate design experts; or

(6) other stakeholders.

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

(e) The commission shall include in the annual report that the commission is required to submit under IC 8-1-1-14 before October 1, 2025, a report that includes the commission's analysis and recommendations on the topics outlined in subsection (c). The report required by this subsection must contain recommendations, supported by sufficient data and analysis from the commission's study under this section, with respect to the appropriate:

(1) design and framework for; and

(2) requirements with respect to;

performance based ratemaking (as described in section 6(a)(2) of this chapter) for electricity suppliers, so as to enable the general assembly to fully evaluate the impact of performance based ratemaking on all classes of ratepayers, while considering the attributes of electric utility service set forth in IC 8-1-2-0.6, including reliability, affordability, resiliency, stability, and environmental sustainability.

As added by P.L.55-2023, SEC.2.
Ind. Code § 8-20-1-32 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-32
Repealed
Status: repealed

Formerly: Acts 1905, c.167, s.42. As amended by P.L.86-1988, SEC.184. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-23-17-13 — Indiana Code / Title 8 / Article 23 / Chapter 17 / Section 8-23-17-13
Compensation for expenses and losses
Status: in_force

Sec. 13. Whenever the acquisition of real property for a project undertaken by an agency, or a program of code enforcement by an agency in the state, will result in the displacement of any person, the agency shall make a payment to a displaced person, upon proper application as approved by the agency head, for:

(1) actual reasonable expenses in moving the person, the person's family, business, farm operation, or personal property;

(2) actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation, but not to exceed an amount equal to the reasonable expenses that would have been required to relocate the property, as determined by the head of the agency; and

(3) except as provided in section 12(1) of this chapter, actual reasonable expenses in searching for a replacement business or farm, not to exceed a maximum of five hundred dollars ($500).

As added by P.L.18-1990, SEC.226.
Ind. Code § 8-1-42-20 — Indiana Code / Title 8 / Article 1 / Chapter 42 / Section 8-1-42-20
"Force majeure event"; cessation of electricity generation; project owner's notice to permit authority; failure to resume operations; presumed abandonment; project owner's failure to remove assets; removal of assets by permit authority; recovery of costs
Status: in_force

Sec. 20. (a) As used in this section, "force majeure event" includes the following:

(1) Fire, flood, tornado, or other natural disasters or acts of God.

(2) War, civil strife, a terrorist attack, or other similar acts of violence.

(3) Other unforeseen events or events over which a project owner has no control.

(b) If a force majeure event results in a CSE system not generating electricity, the project owner shall:

(1) as soon as practicable after the occurrence of the force majeure event, provide notice to the permit authority of the event and of the resulting cessation of generating operations; and

(2) demonstrate to the permit authority that the CSE system will be substantially operational and generating electricity not later than twelve (12) months after the occurrence of the force majeure event.

(c) If the CSE system does not become substantially operational and resume generating electricity within the time set forth in subsection (b)(2):

(1) the CSE system is considered abandoned as of the date that is three hundred sixty-five (365) days after the date on which the CSE system last generated electricity, unless the project owner demonstrates to the permit authority that the project owner is using all commercially reasonable efforts to resume generation; and

(2) all CSE system project assets shall be removed in accordance with section 18(c) of this chapter not later than one (1) year after the date of abandonment specified in subdivision (1).

(d) In the case of presumed abandonment, as described in subsection (c), if the project owner fails to remove the CSE system project assets not later than one (1) year after the date of abandonment, as required by subsection (c)(2), the permit authority may engage qualified contractors to:

(1) enter the project site;

(2) remove the CSE system project assets;

(3) sell any assets removed; and

(4) remediate the site;

and may initiate proceedings to recover any costs incurred.

As added by P.L.90-2022, SEC.2.
Ind. Code § 8-1-46-18 — Indiana Code / Title 8 / Article 1 / Chapter 46 / Section 8-1-46-18
Customer affordability performance report; annual filing with commission; required information
Status: in_force

Sec. 18. Beginning in 2027, before March 1 of each year, an electricity supplier shall file with the commission, on a form prescribed by the commission, a customer affordability performance report that includes the following information:

(1) The electricity supplier's average monthly residential bill for each of the most recently concluded five (5) calendar years, normalized for weather if not otherwise normalized for weather through a rate adjustment mechanism described in section 1(b)(3) of this chapter.

(2) The average annual percentage change (rounded to the nearest one-tenth percent (0.1%)) in the electricity supplier's average monthly residential bill over the course of the most recently concluded five (5) calendar years, normalized for weather if not otherwise normalized for weather through a rate adjustment mechanism described in section 1(b)(3) of this chapter.

(3) For each of the most recently concluded five (5) calendar years, the annual percentage change in seasonally adjusted electricity prices for the United States as measured by the Consumer Price Index, as published by the United States Bureau of Labor Statistics.

(4) The average annual percentage change (rounded to the nearest one-tenth percent (0.1%)) in seasonally adjusted electricity prices for the United States as measured by the Consumer Price Index, as published by the United States Bureau of Labor Statistics, over the course of the most recently concluded five (5) calendar years.

As added by P.L.36-2026, SEC.10.
Ind. Code § 8-1-30.3-5.5 — Indiana Code / Title 8 / Article 1 / Chapter 30.3 / Section 8-1-30.3-5.5
Appraisal of utility property acquired by non-municipal utility; qualification of appraisers
Status: in_force

Sec. 5.5. (a) For purposes of this section, an individual, or the company employing the individual, is qualified to perform an appraisal if the individual is:

(1) an engineer registered under IC 25-31; or

(2) an appraiser licensed under IC 25-34.1-8.

(b) For purposes of this section, an individual performing an appraisal, or the company employing the individual, is disinterested if:

(1) the fee for the appraisal services is fixed before the individual performs the appraisal;

(2) the individual is not an employee of one (1) of the parties to the acquisition;

(3) the individual is not a state or municipal employee; and

(4) the:

(A) individual; and

(B) company, if applicable;

do not have affiliated interests (as defined in IC 8-1-2-49) in one (1) of the parties to the acquisition.

(c) An appraisal under section 5(c)(2) of this chapter must be performed by three (3) qualified and disinterested appraisers, including:

(1) at least one (1) appraiser qualified under subsection (a)(1); and

(2) at least one (1) appraiser qualified under subsection (a)(2).

(d) If the three (3) appraisers performing an appraisal for purposes of section 5(c)(2) of this chapter cannot agree as to an appraised value, the appraisal is sufficient for purposes of section 5(c)(2) of this chapter if the appraisal is signed by two (2) of the appraisers.

As added by P.L.160-2020, SEC.6.
Ind. Code § 8-1-31.6-7 — Indiana Code / Title 8 / Article 1 / Chapter 31.6 / Section 8-1-31.6-7
Inclusion of costs of customer lead service line improvements as eligible infrastructure improvements for public utilities
Status: in_force

Sec. 7. Subject to section 6(f) of this chapter, in the case of a water utility that is a public utility, upon the commission's approval of the water utility's plan under section 6 of this chapter, the water utility may include the actual costs incurred by the water utility in connection with completing customer lead service line improvements that:

(1) have been placed in service; and

(2) have not been included in the water utility's rate base in the water utility's most recent general rate case;

as eligible infrastructure improvements for purposes of IC 8-1-31. For purposes of the revenue limitation calculation under IC 8-1-31-13, infrastructure improvement costs associated with customer lead service line improvements shall not be counted as adjustment revenues in determining whether the water utility's total adjustment revenues exceed ten percent (10%) of the water utility's base revenue level approved in the water utility's most recent general rate case.

As added by P.L.91-2017, SEC.8. Amended by P.L.137-2020, SEC.5; P.L.6-2024, SEC.4.
Ind. Code § 8-1-46.1-13 — Indiana Code / Title 8 / Article 1 / Chapter 46.1 / Section 8-1-46.1-13
Regulated entity's grease control duties; exception to regulations
Status: in_force

Sec. 13. (a) A regulated entity shall install and operate properly sized grease control equipment to prevent the discharge of wastewater containing fats, oils, or grease in concentrations that cause or contribute to:

(1) blockages;

(2) overflows; or

(3) interference;

in a sewer system.

(b) The regulated entity's grease control equipment shall be:

(1) designed; or

(2) approved;

by a licensed professional engineer under IC 25-31 or a professional architect under IC 25-4.

(c) Subject to subsection (d), a regulated entity that demonstrates through operational characteristics, inspection, and sampling that the regulated entity does not generate fats, oils, or grease in quantities requiring interception is:

(1) exempt from the requirements of this chapter; and

(2) not required to install grease control equipment.

(d) If a regulated entity's characteristics change and the regulated entity begins to generate fats, oils, or grease in quantities requiring interception, the regulated entity shall install grease control equipment.

As added by P.L.95-2026, SEC.1.
Ind. Code § 8-1-2-85 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-85
Municipally owned utilities; securities; fee for issuance
Status: in_force

Sec. 85. The commission shall charge every municipality receiving permission from it to issue any bonds, notes, or other securities an amount equal to twenty-five cents ($.25) for each one hundred dollars ($100) for such bonds, notes, or other securities, but in no case shall the fee be less than one hundred dollars ($100). All of such fees assessed under this section shall be paid to the secretary of the commission within thirty (30) days of the receipt of the bond proceeds by the municipality and only if the bonds, notes, or other securities are issued. The fees collected by the secretary shall be paid into the state treasury and deposited in the state general fund under IC 8-1-6-2(b), as if they were fees collected under IC 8-1-6.

Formerly: Acts 1913, c.76, s.96; Acts 1925, c.71, s.1; Acts 1947, c.317, s.1; Acts 1969, c.260, s.2. As amended by Acts 1982, P.L.74, SEC.2; P.L.23-1988, SEC.26; P.L.136-2018, SEC.50; P.L.213-2025, SEC.97.
Ind. Code § 8-2.1-22-10 — Indiana Code / Title 8 / Article 2.1 / Chapter 22 / Section 8-2.1-22-10
Establishment of competing transportation system by county, city, or town
Status: in_force

Sec. 10. If a county, city, or town wants to establish a transportation system that would compete with a motor carrier that is:

(1) operating under the jurisdiction of the department; and

(2) providing transportation service in the territorial jurisdiction of the county, city, or town;

the county, city, or town must first apply for and obtain a certificate under section 12.5 of this chapter.

As added by P.L.99-1989, SEC.13. Amended by P.L.205-2025, SEC.28.
Ind. Code § 8-15.5-2-9.5 — Indiana Code / Title 8 / Article 15.5 / Chapter 2 / Section 8-15.5-2-9.5
"Toll road project"
Status: in_force

Sec. 9.5. "Toll road project" has the meaning set forth in IC 8-15-2-4(4).

As added by P.L.205-2013, SEC.140.
Ind. Code § 8-2.1-22-44 — Indiana Code / Title 8 / Article 2.1 / Chapter 22 / Section 8-2.1-22-44
Deposit of fees into motor carrier regulation fund
Status: in_force

Sec. 44. All fees prescribed in this chapter shall be paid to the treasurer of state through the department and deposited in the motor carrier regulation fund established by IC 8-2.1-23-1.

As added by P.L.99-1989, SEC.13. Amended by P.L.205-2025, SEC.48.
Ind. Code § 8-1-4-1 — Indiana Code / Title 8 / Article 1 / Chapter 4 / Section 8-1-4-1
Maturity dates
Status: in_force

Sec. 1. It shall be unlawful for the commission to approve the issue of any stock, certificates of stock, bonds, notes maturing more than twelve (12) months after the date thereof, or other evidence of indebtedness, by any public utility except for cash or other property actually received or to be received therefor by such utility, when the total amount of such issue, together with the outstanding stock, bonds, notes maturing more than twelve (12) months from the date thereof, or other evidence of indebtedness of such public utility, is in excess of the fair value of the property of such public utility, including any acquisitions, construction, extensions, additions, and betterments to such property to be financed in whole or in part by such issue or the proceeds thereof, as found by the commission. Provided, however, that any public utility corporation may issue as may any corporation organized for profit under the laws of the state of Indiana, its stock, certificates of stock, bonds, notes maturing more than twelve (12) months from the date thereof, or other evidence of indebtedness, in an amount not in excess of the value of the property of such public utility, including acquisitions, construction, extensions, additions and betterments to such property to be evidenced in whole or in part by such issues or the proceeds thereof, as found by the commission, subject, however, to the approval of such commission as to the character of such issues and the relation in amount to each other of bonds and stock.

Formerly: Acts 1923, c.65, s.1. As amended by P.L.23-1988, SEC.36.
Ind. Code § 8-15-3-26 — Indiana Code / Title 8 / Article 15 / Chapter 3 / Section 8-15-3-26
Rules; traffic control; property protection; law enforcement access
Status: in_force

Sec. 26. (a) The department may adopt rules under IC 4-22-2 for the following:

(1) The control and regulation of traffic on a tollway.

(2) The protection and preservation of property under the department's or operator's jurisdiction and control.

(3) The maintenance and preservation of good order within the property under the department's or operator's control.

(b) Rules adopted under this chapter must provide that law enforcement officers be afforded ready access, while in the performance of their official duties, to all property under the department's jurisdiction without the payment of tolls.

(c) A person who violates a rule adopted under this section commits a Class C infraction.

As added by P.L.386-1987(ss), SEC.13. Amended by P.L.47-2006, SEC.33.
Ind. Code § 8-1-38-7 — Indiana Code / Title 8 / Article 1 / Chapter 38 / Section 8-1-38-7
Authority to operate; findings
Status: in_force

Sec. 7. (a) The commission shall grant a new electric transmission owner authority to operate as a public utility in Indiana if the commission makes the following findings:

(1) The new electric transmission owner has the financial, managerial, and technical capability to construct, own, operate, and maintain an electric transmission facility.

(2) The new electric transmission owner has the ability and intent to comply with all statutes, rules, and regulations enforced by the commission.

(3) The new electric transmission owner has the intent to construct, own, operate, and maintain an electric transmission facility that is under consideration by an applicable regional transmission organization.

(4) The new electric transmission owner has provided written notice of its request for authority under this section to each incumbent electric transmission owner that may connect its existing electric transmission facility to the new electric transmission facility of the new electric transmission owner.

(b) In making findings under subsection (a), the commission may consider the creditworthiness of the new electric transmission owner, including:

(1) the new electric transmission owner's investment grade rating;

(2) guarantees of a parent company of the new electric transmission owner that has an investment grade rating;

(3) a bank reference letter or bonding commitment on behalf of the new electric transmission owner;

(4) the authority of the new electric transmission owner to directly set rates or impose taxes; and

(5) the capability of the new electric transmission owner to meet its financial obligations if it abandons the new electric transmission facility after its construction.

As added by P.L.174-2013, SEC.1.
Ind. Code § 8-1-22.5-12 — Indiana Code / Title 8 / Article 1 / Chapter 22.5 / Section 8-1-22.5-12
Action for violations
Status: in_force

Sec. 12. The court of appeals or such other court as may be empowered by law (or by rules of the supreme court) has jurisdiction to enjoin preliminarily or permanently any violation of this chapter, or any standards established pursuant to this chapter, determined by a final order issued by the commission, after notice and opportunity for public hearing as provided in this chapter. Such action may be brought by the attorney general in the name of the state upon certification by the commission of the complete record of such proceedings.

Formerly: Acts 1971, P.L.84, SEC.1. As amended by P.L.3-1989, SEC.58.
Ind. Code § 8-22-2-10 — Indiana Code / Title 8 / Article 22 / Chapter 2 / Section 8-22-2-10
Eminent domain
Status: in_force

Sec. 10. (a) The board of an eligible entity:

(1) may exercise the power of eminent domain for the purpose of carrying out this chapter;

(2) may award damages to landowners for real property rights appropriated; and

(3) if the board cannot agree with the owners, lessees, or occupants of real property selected by the board for the purposes in this chapter, may procure the condemnation of the property.

The board may proceed under IC 32-24-1. IC 32-24-1 applies to airports, landing fields, and restricted zones adjoining them to the extent that it is not inconsistent with this chapter.

(b) This subsection applies only to a municipality. A board may exercise the power of eminent domain under this section within four (4) miles outside of the municipality's corporate boundaries. However, with regard to an airport in existence on January 1, 2019, the board may exercise the power of eminent domain to acquire land contiguous to the airport that is located more than four (4) miles from the corporate boundaries of the municipality.

(c) If the land on or across which it is necessary to establish and fix a restricted zone is already in use for another public purpose or has been condemned or appropriated for a use authorized by statute, and is being used for that purpose by the corporation so appropriating it, the public use or prior condemnation does not bar the right of the board to condemn the use of the ground for aviation purposes. Use by the board does not permanently prevent the use of the land for the prior public use or by the corporation condemning or appropriating it.

(d) In a proceeding prosecuted by the board to condemn the use of land for purposes permitted by this chapter, the burden is upon the board to show that its use will not permanently or seriously interfere with the continued public use of the land or by the corporation condemning it, or its successors. However, in the proceeding, the board may require the removal or the burying beneath the surface of the ground of wires, cables, power lines, or other structures within a restricted zone established under this chapter. In a proceeding prosecuted by the board to condemn or appropriate land, the use of land, or rights in land for purposes permitted by this chapter:

(1) the board and all owners and holders of property or rights in property sought to be taken are governed by and have the same rights to procedure, notices, hearings, assessments, and payments of benefits and awards as are prescribed by statute for the appropriation and condemnation of real property; and

(2) the property owners have like powers and rights of remonstrance and of appeals to the circuit or superior court in the county in which the entity is located.

Appeals affect only the amount of the assessment of awards of the person appealing and must conform to all laws relating to appeals. The payment of all damages awarded for all lands, property, or rights in them appropriated under this chapter shall be paid entirely out of the funds under the control of the board.

(e) Notwithstanding this or any other statute or any charter, the eligible entity may take possession of the property to be acquired at any time after the filing of the petition describing the property in condemnation proceedings. It is not precluded from abandoning the condemnation of the property in any case where possession has not been taken. The board:

(1) may acquire and use any land reasonably necessary for the purposes of this chapter; and

(2) may not acquire or use land that is still being used and is necessary for the purposes for which it was previously condemned.

[Pre-Local Government Recodification Citation: 19-6-1-11.]

As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.2-2002, SEC.46; P.L.277-2019, SEC.2.
Ind. Code § 8-1-2-105 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-105
Rates and charges; discrimination; penalty; exceptions
Status: in_force

Sec. 105. (a) No public utility may make or give any undue or unreasonable preference or advantage to any person, or subject any person to any undue or unreasonable prejudice or disadvantage in any respect. A person who violates this section commits a Class B infraction.

(b) Nothing in this chapter shall prevent any public utility from furnishing service free or at reduced rates to any of its employees and officers or retired employees and officers or from providing energy assistance to a heating assistance program administered under IC 4-4-33 to persons eligible for that assistance.

Formerly: Acts 1913, c.76, s.114; Acts 1917, c.161, s.1; Acts 1967, c.2, s.1. As amended by Acts 1978, P.L.2, SEC.804; Acts 1979, P.L.18, SEC.3; P.L.384-1987(ss), SEC.7; P.L.3-1989, SEC.50; P.L.2-1992, SEC.77; P.L.181-2006, SEC.47.
Ind. Code § 8-23-2-7 — Indiana Code / Title 8 / Article 23 / Chapter 2 / Section 8-23-2-7
Repealed
Status: repealed

As added by P.L.112-1989, SEC.5. Repealed by P.L.18-1990, SEC.299.
Ind. Code § 8-3-21-8 — Indiana Code / Title 8 / Article 3 / Chapter 21 / Section 8-3-21-8
Withdrawal from compact
Status: in_force

Sec. 8. This compact continues in force with respect to a participating state and remains binding upon the state until six (6) months after the state has given notice to each other participating state of the repeal of this chapter. The withdrawal may not be construed to relieve a participating state from an obligation incurred before the end of the state's participation in the compact.

As added by P.L.58-1992, SEC.1.
Ind. Code § 8-3-8-1 — Indiana Code / Title 8 / Article 3 / Chapter 8 / Section 8-3-8-1
Time for recordation
Status: in_force

Sec. 1. Any railroad corporations, lessee or assignee or receiver, or other person or corporation, running, controlling or operating, or that may hereafter construct, build, run, control or operate, any railroad into or through this state, shall, within forty-five (45) days from the date of execution of any conveyance, lease, release or other contract affecting the right of way of any railroad hereafter constructed, record, or cause to be recorded, in the proper records in the recorder's office of the county wherein the lands are situate so conveyed, leased, released or constructed.

Formerly: Acts 1893, c.152, s.1.
Ind. Code § 8-23-28-1 — Indiana Code / Title 8 / Article 23 / Chapter 28 / Section 8-23-28-1
Findings
Status: in_force

Sec. 1. The general assembly finds the following:

(1) That the River Ridge Commerce Corridor is vitally important to the well-being and advancement of Indiana.

(2) That the following are adjacent to or located within the corridor:

(A) Charlestown State Park.

(B) The River Ridge Commerce Center, which is one of the largest commercial developments located east of the Mississippi River.

(C) The site of the East End Ohio River Bridge, which will link Charlestown to the eastern suburbs of Louisville, Kentucky, when completed.

(3) That the area within the River Ridge Commerce Corridor will continue to experience significant growth.

(4) That the development of the River Ridge Commerce Corridor should balance public safety, economic development, the environment, quality of life concerns, the enhancement of rail transportation within the corridor, and interstate travel needs.

(5) That the development of the corridor will enhance the operations of the Port of Indiana at Jeffersonville.

As added by P.L.88-2011, SEC.1.
Ind. Code § 8-1-32.3-2 — Indiana Code / Title 8 / Article 1 / Chapter 32.3 / Section 8-1-32.3-2
"Base station"
Status: in_force

Sec. 2. As used in this chapter, "base station" means a station located at a specific site that is authorized to communicate with mobile stations. The term includes all radio transceivers, antennas, coaxial cables, power supplies, and other electronics associated with a station.

As added by P.L.145-2015, SEC.3.
Ind. Code § 8-4-12-6 — Indiana Code / Title 8 / Article 4 / Chapter 12 / Section 8-4-12-6
Annual financial statement and report; filing
Status: in_force

Sec. 6. All railroad companies in this state, or whose roads run into this state, shall, on the fifteenth day of January of each year, file with the state comptroller a statement in writing, verified by the affidavit of the treasurer of such company, showing the gross receipts of such company; the amount paid to each officer, the gross amount paid to other employees; the amount paid for rolling-stock; the amount paid for the actual construction of such road; itemizing the amount paid for earthwork, bridges, iron, ties, culverts and all other items of such construction; and also the amount of the capital stock of such company, the assets thereof, and the rate of dividends to the stockholders, and also any and all other expenses of such company.

Formerly: Acts 1867, c.80, s.6. As amended by P.L.9-2024, SEC.285.
Ind. Code § 8-4-13-2 — Indiana Code / Title 8 / Article 4 / Chapter 13 / Section 8-4-13-2
Consent of shareholders; certificate of dissolution
Status: in_force

Sec. 2. If the holders of record of all the outstanding shares of the capital stock of a corporation organized under the laws of this state for the purpose of constructing, owning, maintaining and/or operating a railroad other than a street railroad or an interurban railroad, consent, or have heretofore consented, in writing to its dissolution or if at a special meeting of which notice has been given to, or waived by, all the shareholders of every class, whether or not entitled to vote, a resolution is adopted, or has heretofore been adopted, by the votes cast in person or proxy by the holders of record of shares entitling them to exercise two-thirds (2/3) of the voting power, or such other proportion as the articles of incorporation or by-laws may require, declaring that it is desirable to wind-up and dissolve such corporation, the president or a vice-president and the secretary or an assistant secretary shall file in the office of the secretary of state a certificate verified by their oath, stating:

1. The name of the corporation.

2. The place where its principal office is located.

3. The names and post-office addresses of its directors and officers, and, if any post-office address be in a city, the street and number or any other particular description thereof, if known.

4. That it elects to wind-up and dissolve.

5. That (if) they have been authorized to execute and file such certificate by a resolution adopted as above provided or that they have been so authorized by the written consent of the holders of record of all the outstanding shares of the corporation.

Formerly: Acts 1933, c.107, s.2.
Ind. Code § 8-1-31.7-15 — Indiana Code / Title 8 / Article 1 / Chapter 31.7 / Section 8-1-31.7-15
Recovery of costs for municipally owned utility; factors for commission's consideration
Status: in_force

Sec. 15. In determining the amount of allowable recovery of service enhancement improvement costs for an eligible utility that is a municipally owned utility, the commission may consider the following factors:

(1) Extensions and replacements, to the extent that the extension and replacements are not provided for through depreciation, in the manner provided for in IC 8-1.5-3-8.

(2) Debt service on funds borrowed to pay for eligible service enhancement improvement.

(3) Depreciation expenses on eligible service enhancement improvements based on the same rate or rates of depreciation approved by the commission for the calculation of depreciation in the eligible utility's most recent rate case.

(4) Other components that the commission considers appropriate.

As added by P.L.137-2020, SEC.15.
Ind. Code § 8-2.1-19.1-12 — Indiana Code / Title 8 / Article 2.1 / Chapter 19.1 / Section 8-2.1-19.1-12
Claim coverage investigation
Status: in_force

Sec. 12. In a claim coverage investigation, a TNC and an insurance company that issues a motor vehicle insurance policy potentially providing the coverage required by section 8 of this chapter shall cooperate to facilitate the exchange of information with directly involved parties and any insurance company that issues a motor vehicle insurance policy that provides coverage to the TNC driver, including:

(1) the precise time that a TNC driver logs on to and off of the TNC's digital network during the twelve (12) hour period immediately preceding, and the twelve (12) hour period immediately following, the accident; and

(2) disclosure among the parties and insurance companies of a clear description of the insurance coverage, exclusions, and limitations that apply under any applicable motor vehicle insurance policy that:

(A) is issued or maintained by a party; and

(B) provides the coverage required by section 8 of this chapter.

As added by P.L.175-2015, SEC.10.