reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 13. Rural Electric Membership Corporation Act › 8-1-13-29. Rates, Tolls, and Charges; Schedules; Filing; Approval

Sec. 29. (a) Every corporation shall file with the commission, within a time fixed by the commission, schedules showing all rates, tolls, and charges that it has established and that are enforced at the time for any service performed by it within the state, or for any service in connection with the rates, tolls, and charges.
(b) The schedules of rates, tolls, and charges shall be open for public inspection.
(c) Every corporation shall file, with and as a part of the schedule, all rules that in any manner affect the rates charged or to be charged for any service.
(d) It is unlawful for a corporation to charge any amount for any service that varies from the schedules approved by the commission.
As added by P.L.121-1987, SEC.6.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 13. Rural Electric Membership Corporation Act › 8-1-13-31. Production of Corporate Books, Accounts, Papers, or Records; Order or Subpoena; Penalty for Failure to Comply

Sec. 31. (a) The commission may require, by order or subpoena, a corporation to produce within the state (at a time and place the commission may designate) any books, accounts, papers, or records (or verified copies) kept by the corporation anywhere, to allow an examination to be made by the commission or under its direction.
(b) The order or subpoena shall be served on the corporation in the same manner as a summons is served in a civil action.
(c) Any corporation that does not comply (after reasonable written notice) with any order or subpoena shall be assessed a civil penalty of not less than fifty dollars ($50) and not more than five hundred dollars ($500) for each day that it does not comply. Any penalty assessed under this subsection shall be deposited in the state general fund.
As added by P.L.121-1987, SEC.8.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 13. Rural Electric Membership Corporation Act › 8-1-13-32. Investigations; Agents; Powers; Recommendations

Sec. 32. (a) The commission may appoint, by written order, an agent to investigate any corporation. The commission shall prescribe the duties of the agent in the order, and the agent has all of the inquisitorial powers granted the commission under this chapter.
(b) The commission may conduct any number of investigations contemporaneously through different agents and may delegate to the agent the taking of all testimony bearing upon any investigation or hearing. The commission's decision must be based on its examination of all the testimony and records.
(c) The recommendations made by any agent are advisory and do not preclude the taking of further testimony, if ordered by the commission, or further investigation.
As added by P.L.121-1987, SEC.9.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 13. Rural Electric Membership Corporation Act › 8-1-13-33. Uniform Accounts; Requisites

Sec. 33. Every corporation shall keep and render to the commission, in the manner and form prescribed by the commission, uniform accounts of all business transacted. In formulating a system of accounting for a corporation, the commission shall consider any system of accounting established by any federal law, commission, or department and any system authorized by a national association of such corporations.
As added by P.L.121-1987, SEC.10.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 13. Rural Electric Membership Corporation Act › 8-1-13-34. Furnishing of Information; Requirement

Sec. 34. Every corporation shall furnish to the commission all information required by it to carry into effect this chapter and shall make specific answers to all questions submitted by the commission.
As added by P.L.121-1987, SEC.11.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 13. Rural Electric Membership Corporation Act › 8-1-13-35. Blank Forms Received; Verification; Delivery of Documents, Books, and Papers

Sec. 35. Any corporation receiving from the commission any blank forms with directions to complete them shall answer fully and correctly each question in the form, and if it is unable to answer any question, it shall give a good and sufficient reason for failing to answer the questions. The answers shall be verified under oath by the president, secretary, superintendent, or general manager, or person in charge of the corporation and returned to the commission at its office within the period fixed by the commission. Whenever required by the commission, every corporation shall deliver to the commission for examination any relevant documents, books, accounts, papers, and records (or copies), with a complete inventory of all its property in a form prescribed by the commission.
As added by P.L.121-1987, SEC.12.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 13. Rural Electric Membership Corporation Act › 8-1-13-36. Complaints Against Corporation; Discriminatory Rates or Charges; Inadequate Service; Investigation; Hearing; Order

Sec. 36. Upon a complaint made against any corporation by:
(1) any mercantile, agricultural, or manufacturing society;
(2) any body politic or municipal organization;
(3) ten (10) or more persons, firms, corporations, limited liability companies, or associations;
(4) ten (10) or more complainants of any or all of the classes described in subdivision (3); or
(5) any public utility or corporation;
that any of the rates, tolls, charges, schedules, or joint rates (with which the petitioner is directly interested) are in any respect unreasonable or unjustly discriminatory, or that any regulation, measurement, practice, or act affecting or relating to the service of a corporation is in any respect unreasonable, unsafe, insufficient, or unjustly discriminatory, or that any service is inadequate or cannot be obtained, the commission shall proceed to investigate with or without notice. However, the commission may not enter an order affecting those rates, tolls, charges, schedules, regulations, measurements, practices, or acts complained of without a formal public hearing.
As added by P.L.121-1987, SEC.13. Amended by P.L.8-1993, SEC.124.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 13. Rural Electric Membership Corporation Act › 8-1-13-37. Investigation by Commission on Its Own Motion; Rates, Service, or Territory

Sec. 37. Whenever the commission believes that:
(1) any rate or charge may be unreasonable or unjustly discriminatory;
(2) any service is inadequate or cannot be obtained; or
(3) an investigation of any matter relating to rates or territory for a corporation should be made;
it may, on its own motion, conduct an investigation with or without notice.
As added by P.L.121-1987, SEC.14.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 13. Rural Electric Membership Corporation Act › 8-1-13-38. Complaints by Corporation Affecting Its Own Rates or Service; Notice and Hearing Requirements; Consent Orders

Sec. 38. (a) Any corporation may make complaint as to any matter affecting its own rates or service. The corporation shall publish a notice of the filing of the petition or complaint in a newspaper of general circulation published in any county in which the corporation renders service. An order affecting rates or service may be entered by the commission without a formal public hearing, if the corporation has obtained written consent to obtain an order affecting its rates from the commission without a formal hearing from any agency of the federal government with which the corporation has outstanding evidence of indebtedness to the federal government. The commission may, however, on its own motion require a formal public hearing, and shall, upon a motion filed by the utility consumer counselor, by any public or municipal corporation, by ten (10) individuals, firms, corporations, limited liability companies, or associations, or by ten (10) complainants of any or all of these classes, hold a formal public hearing with respect to any petition or complaint.
(b) In any general rate proceeding under subsection (a) which requires a public hearing and in which an increase in revenues is sought which exceeds the sum of two million five hundred thousand dollars ($2,500,000), the commission shall conduct at least one (1) public hearing in the largest municipality located within the corporation's service area.
As added by P.L.121-1987, SEC.15. Amended by P.L.8-1993, SEC.125.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 13. Rural Electric Membership Corporation Act › 8-1-13-39. Distribution Cooperatives With Less Than 5,000 Customers; Rate Orders; Hearing Requirement

Sec. 39. (a) Except as provided in subsection (b), an order affecting rates of service may be entered by the commission without a formal public hearing in the case of a distribution cooperative with less than five thousand (5,000) customers.
(b) The commission shall require a formal public hearing on any petition or complaint filed concerning a distribution cooperative with less than five thousand (5,000) customers upon motion of any of the following:
(1) The utility consumer counselor.
(2) A public or municipal corporation.
(3) Ten (10) individuals, firms, corporations, limited liability companies, or associations.
(4) Ten (10) complainants of any class described in subdivision (3).
As added by P.L.121-1987, SEC.16. Amended by P.L.8-1993, SEC.126.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 13. Rural Electric Membership Corporation Act › 8-1-13-40. Subpoena Power of Commissioners and Authorized Agents; Enforcement

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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 13. Rural Electric Membership Corporation Act › 8-1-13-41. Violations of Chapter; Findings; Just and Reasonable Orders to Be Made

Sec. 41. Whenever, upon the investigation made under this chapter, the commission finds any regulations, measurements, practices, acts, or services are unjust, unreasonable, unwholesome, unsanitary, unsafe, insufficient, preferential, unjustly discriminatory, or otherwise in violation of this chapter, or finds that any service is inadequate or that any service which can be reasonably demanded cannot be obtained, the commission shall determine and by order fix just and reasonable measurements, regulations, acts, practices, or service to be furnished, imposed, observed, and followed in the future in lieu of those found to be unjust, unreasonable, unwholesome, unsanitary, unsafe, insufficient, preferential, unjustly discriminatory, inadequate, or otherwise in violation of this chapter. In addition, the commission shall make other orders concerning the measurement, regulation, act, practice, or service as are just and reasonable.
As added by P.L.121-1987, SEC.18.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 13. Rural Electric Membership Corporation Act › 8-1-13-42. Rules; Adoption; Prior Rules Validated

Sec. 42. (a) The commission may adopt rules under IC 4-22-2 to carry out this chapter.
(b) This section does not invalidate any rule adopted by the commission before September 1, 1987.
As added by P.L.121-1987, SEC.19.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 13. Rural Electric Membership Corporation Act › 8-1-13-43. Maximum Borrowing and Expenditures for Economic Development

Sec. 43. (a) A corporation may not expend more than fifteen percent (15%) of its total utility plant for economic development.
(b) A corporation that is not an REA borrower (as defined in section 17(f) of this chapter) may not borrow any funds for an economic development project without approval of the Indiana utility regulatory commission.
As added by P.L.95-1993, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 13.1. Alternative Energy Projects by Rural Electric Membership Corporations › 8-1-13.1-1. Findings

Sec. 1. The general assembly makes the following findings:
(1) Alternative energy projects result in quantifiable reductions in, or the avoidance of, regulated air pollutants and carbon emissions produced by traditional electric generating facilities that use fossil fuels as their fuel source.
(2) Corporations and cooperatively owned power suppliers should plan and implement alternative energy projects on behalf of and at the request of their members.
(3) Incentives that encourage corporations and their cooperatively owned power suppliers to:
(A) develop alternative energy projects; and
(B) apply for, and contribute matching funds to, state or federal grants and programs for alternative energy projects;
are in the public interest of the state and its citizens and are crucial to the state's economic development efforts.
As added by P.L.151-2009, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 13.1. Alternative Energy Projects by Rural Electric Membership Corporations › 8-1-13.1-2. "Alternative Energy Project"

Sec. 2. As used in this chapter, "alternative energy project" means a project that:
(1) develops or makes use of:
(A) clean energy projects (as defined in IC 8-1-8.8-2);
(B) renewable energy resources (as defined in IC 8-1-8.8-10) for the production of electricity;
(C) integrated gasification combined cycle (IGCC) technology to produce synthesis gas that is used:
(i) to generate electricity; or
(ii) as a substitute for natural gas;
regardless of the fuel source used to produce the synthesis gas;
(D) methane recovered from landfills for the production of electricity;
(E) demand side management, energy efficiency, or conservation programs; or
(F) coal bed methane;
(2) results in quantifiable reductions in, or the avoidance of:
(A) the use of electricity produced by traditional electric generating facilities that use fossil fuels as their fuel source; or
(B) regulated air pollutants and carbon emissions produced by traditional electric generating facilities that use fossil fuels as their fuel source; and
(3) is implemented under a plan approved by:
(A) the office; and
(B) a corporation's or a cooperatively owned power supplier's board of directors.
As added by P.L.151-2009, SEC.5. Amended by P.L.150-2011, SEC.15.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 13.1. Alternative Energy Projects by Rural Electric Membership Corporations › 8-1-13.1-3. "Cooperatively Owned Power Supplier"

Sec. 3. As used in this chapter, "cooperatively owned power supplier" means:
(1) an energy utility (as defined in IC 8-1-2.5-2) that is a general district corporation organized under IC 8-1-13; or
(2) an energy utility that is organized under IC 23-17 and whose membership includes one (1) or more corporations organized under IC 8-1-13.
As added by P.L.151-2009, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 13.1. Alternative Energy Projects by Rural Electric Membership Corporations › 8-1-13.1-4. "Corporation"

Sec. 4. As used in this chapter, "corporation" means a corporation organized under IC 8-1-13 as a local district corporation (as defined in IC 8-1-13-23(b)).
As added by P.L.151-2009, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 13.1. Alternative Energy Projects by Rural Electric Membership Corporations › 8-1-13.1-5. "Director"

Sec. 5. As used in this chapter, "director" refers to the director of the office of alternative energy incentives serving under section 9(b) of this chapter.
As added by P.L.151-2009, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 13.1. Alternative Energy Projects by Rural Electric Membership Corporations › 8-1-13.1-6. "Fund"

Sec. 6. As used in this chapter, "fund" refers to the alternative energy incentive fund established by section 10 of this chapter.
As added by P.L.151-2009, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 13.1. Alternative Energy Projects by Rural Electric Membership Corporations › 8-1-13.1-7. "Office"

Sec. 7. As used in this chapter, "office" refers to the office of alternative energy incentives established by section 9 of this chapter.
As added by P.L.151-2009, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 13.1. Alternative Energy Projects by Rural Electric Membership Corporations › 8-1-13.1-8. "Retail Energy Service"

Sec. 8. As used in this chapter, "retail energy service" has the meaning set forth in IC 8-1-2.5-3.
As added by P.L.151-2009, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 13.1. Alternative Energy Projects by Rural Electric Membership Corporations › 8-1-13.1-9. Office of Alternative Energy Incentives; Director

Sec. 9. (a) The office of alternative energy incentives is established within the Indiana office of energy development established by IC 4-3-23-3.
(b) The:
(1) director of the Indiana office of energy development; or
(2) designee of the Indiana office of energy development, who must be qualified by knowledge of or experience in the electric utility industry;
shall serve as the director of the office.
(c) The director:
(1) serves at the pleasure of and is responsible to the director of the Indiana office of energy development, if the director is a designee of the director of the Indiana office of energy development;
(2) may receive compensation in an amount determined by the director of the Indiana office of energy development, subject to the approval of the budget agency, if the director is a designee of the director of the Indiana office of energy development;
(3) serves as the chief executive and administrative officer of the office; and
(4) may, to the extent appropriate, delegate the director's authority under this chapter, subject to the approval of:
(A) the director of the Indiana office of energy development, if the director is a designee of the director of the Indiana office of energy development; and
(B) the budget agency.
(d) The director of the Indiana office of energy development may:
(1) establish; and
(2) appoint members to;
an advisory board to advise the office in the administration of this chapter.
As added by P.L.151-2009, SEC.5. Amended by P.L.34-2013, SEC.12.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 13.1. Alternative Energy Projects by Rural Electric Membership Corporations › 8-1-13.1-10. Alternative Energy Incentive Fund; Sources of Funds; Appropriation; Expenditures; Expenses; Investment; Nonreverting Fund

Sec. 10. (a) The alternative energy incentive fund is established for the purpose of providing funds to corporations for use in the development of alternative energy projects. The fund shall be administered by the office.
(b) The fund consists of:
(1) money appropriated to the fund by the general assembly;
(2) money received from state or federal grants or programs for alternative energy projects; and
(3) donations, gifts, and money received from any other source, including transfers from other funds or accounts.
(c) Money in the fund is continuously appropriated for the purposes of this section.
(d) Money in the fund may be spent only in accordance with this chapter and to carry out the purposes of this chapter.
(e) The expenses of administering the fund shall be paid from money in the fund.
(f) Notwithstanding IC 5-13, the treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as money is invested by the Indiana public retirement system under IC 5-10.3-5. The treasurer of state may contract with investment management professionals, investment advisers, and legal counsel to assist in the investment of the fund and may pay the expenses incurred under those contracts from the fund. Interest that accrues from these investments shall be deposited in the fund.
(g) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
As added by P.L.151-2009, SEC.5. Amended by P.L.35-2012, SEC.94.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 13.1. Alternative Energy Projects by Rural Electric Membership Corporations › 8-1-13.1-13. Joint Development of Alternative Energy Projects

Sec. 13. (a) Two (2) or more corporations that are members of the same cooperatively owned power supplier may:
(1) develop alternative energy projects jointly; and
(2) share money drawn from their respective accounts in the fund with the corporations' cooperatively owned power supplier, as long as the cooperatively owned power supplier uses the money for one (1) or more alternative energy projects in accordance with section 14 of this chapter.
(b) For purposes of determining the percentage of a corporation's total sales from the provision of retail energy service that is attributable to alternative energy projects under section 12 of this chapter, any joint project described in subsection (a)(1) shall be allocated among the participating corporations according to each corporation's respective investment in the joint project.
As added by P.L.151-2009, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 13.1. Alternative Energy Projects by Rural Electric Membership Corporations › 8-1-13.1-14. Corporation's Board of Directors Determines Use of Money; Permissible Uses of Money; Limitations

Sec. 14. (a) A corporation's board of directors is entitled to determine how money drawn from the corporation's account under section 12 of this chapter is used, subject to the following:
(1) Money drawn from the corporation's account under section 12 of this chapter must be used for an alternative energy project that is approved by:
(A) the office; and
(B) the corporation's board.
(2) If the money will be used to develop or invest in an alternative energy project that involves:
(A) the construction of a new energy production or generating facility; or
(B) the expansion or extension of an existing energy production or generating facility;
the facility to be constructed, expanded, or extended as part of the alternative energy project must be located in Indiana.
(3) Money drawn from the corporation's account under section 12 of this chapter may not be used to purchase electricity produced from an alternative energy project, unless the alternative energy project:
(A) is located in Indiana; and
(B) first came online after July 1, 2009.
(4) If the money will be used for a demand side management, energy efficiency, or conservation program, the money must be dedicated to Indiana customers participating in the demand side management, energy efficiency, or conservation program.
(b) Subject to subsection (a), money drawn from the corporation's account under section 12 of this chapter may be used for:
(1) reimbursement to the corporation for money invested by the corporation:
(A) within the thirty-six (36) month period immediately preceding the date funds are applied for by the corporation under section 12 of this chapter; and
(B) for the expansion or extension of an alternative energy project; and
(2) contributions of matching funds to state or federal programs for alternative energy projects.
As added by P.L.151-2009, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 13.1. Alternative Energy Projects by Rural Electric Membership Corporations › 8-1-13.1-15. Adoption of Rules by Office

Sec. 15. (a) The office may adopt rules under IC 4-22-2 to implement this chapter. Any rules adopted by the office under this section must include:
(1) requirements for plans for alternative energy projects submitted by corporations and cooperatively owned power suppliers to the office under this chapter;
(2) standards by which the office evaluates plans described in subdivision (1);
(3) standards or methodologies for determining the percentage of a corporation's total sales from the provision of retail energy service that is attributable to alternative energy projects under section 12 of this chapter;
(4) standards and procedures to ensure that a corporation does not receive money from the fund for an investment in, or a purchase of electricity from, an alternative energy project if money has been received from the fund by another applicant for the same or an equivalent investment or purchase;
(5) procedures for resolving disputes that arise between a corporation and the office concerning:
(A) the accuracy or completeness of an application or any documents submitted to the office by a corporation under section 12(b) of this chapter; or
(B) the determination of, or the method used to determine, the percentage of a corporation's total sales from the provision of retail energy service that is attributable to alternative energy projects under section 12 of this chapter; and
(6) any other standards, methodologies, or requirements necessary to implement this chapter.
(b) In adopting rules under this section, the office may consult with the Indiana office of energy development.
As added by P.L.151-2009, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 13.1. Alternative Energy Projects by Rural Electric Membership Corporations › 8-1-13.1-16. Federal Economic Stimulus Funds and Programs

Sec. 16. This chapter shall not be construed to constrain a corporation's access to and immediate use of federal economic stimulus funds for alternative energy projects. Notwithstanding any provision of this chapter, any money that may become available to a corporation in connection with federal economic stimulus programs may not become part of the fund or an account established under this chapter without the consent of the corporation, which shall have access to federal economic stimulus funds:
(1) for the same uses; and
(2) in accordance with the same processes;
as any other energy utility (as defined in IC 8-1-2.5-2) may have access to or use federal economic stimulus money.
As added by P.L.151-2009, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 14. Electric Transmission Lines Over Railroads › 8-1-14-1. Plans and Specifications

Sec. 1. The commission is hereby authorized and empowered to regulate the crossings of steam, street and interurban railroad tracks by electric power transmission and distribution wires, and every such crossing shall conform to the orders and specifications of said commission. The commission may examine existing crossings and require their alteration to conform to its specifications, provided that in no event shall it be lawful to maintain such wires less than twenty-two (22) feet above the top of the rails of any such railroad tracks.
Formerly: Acts 1923, c.69, s.1. As amended by P.L.23-1988, SEC.55.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 15. Water Utilities─vacation or Relocation of Roads › 8-1-15-1. Petition for Vacation

Sec. 1. Any corporation organized under the laws of Indiana and authorized by its articles of incorporation to furnish water to any town or city or the inhabitants of the town or city, through or adjoining whose land any highway has been located and established, and that desires to vacate or to relocate such highway or part of the highway may file with the circuit or a superior court in the county in which such lands or the major part of the lands are located, its petition setting forth the following:
(a) The name of the petitioner.
(b) A distinct description of the highway or part of the highway that petitioner seeks to be vacated or relocated and, in case of relocation, a distinct description of the proposed new route, which may be over existing highways or right-of-way.
(c) A statement that petitioner has determined that such vacation or relocation is reasonably necessary or desirable in connection with petitioner's construction or maintenance of an impounding water reservoir.
(d) A statement that said vacation or relocation of said highway or part of the highway will not increase by more than four (4) miles the distance necessary for anyone to travel over highways which are or will be substantially similar to that proposed to be vacated or relocated.
(e) In case of vacation, the names and addresses of owners of the abutting land affected by the vacation proceedings.
Formerly: Acts 1959, c.196, s.1. As amended by P.L.136-2018, SEC.72.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 15. Water Utilities─vacation or Relocation of Roads › 8-1-15-2. Hearing on Petition

Sec. 2. Upon the filing of the petition described in section 1 of this chapter, the court shall set a time for hearing not less than fourteen (14) days nor more than twenty-one (21) days thereafter and notice shall be given of the filing of said petition and the time set for hearing thereof by publication for two (2) full weeks in some newspaper, daily or daily except Sunday, of general circulation in each county wherein any portion of said highway is located. The notice shall be directed to the inhabitants of said county or counties and shall set forth a description of the highway or portion thereof which petitioner seeks to be vacated or relocated and in case of relocation, a distinct description of the proposed new route shall be given. A copy of the notice shall be personally served on the board of commissioners of each county in which said highway or any portion thereof is located in the same manner as a summons is served in civil cases. In case of vacation, the clerk of the court shall also send a copy of the published notice by registered mail to each of the owners of the abutting land affected by the vacation proceedings as set out in the petition, provided that the attorney of record who files said vacation proceedings shall deliver to said clerk sufficient postage and copies of the published notice to cover the mailing to such abutting owners.
Formerly: Acts 1959, c.196, s.2. As amended by P.L.59-1984, SEC.72.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 15. Water Utilities─vacation or Relocation of Roads › 8-1-15-3. Aggrieved Persons; Filing Written Remonstrance

Sec. 3. Any person feeling himself aggrieved by the proposed vacation or relocation may file a written remonstrance with the court at any time prior to the time set forth for hearing upon any one or more of the following grounds and no other to wit:
(a) That the highway or portion thereof proposed to be vacated or relocated is necessary to the growth of the county or counties in which it is located.
(b) That the proposed vacation or relocation will leave the real estate of the remonstrant without means of ingress or egress by a public highway.
(c) That such vacation or relocation will deny the public access to some public building, church or school or public grounds.
(d) That the material allegations of the petition or any of them are not true.
Formerly: Acts 1959, c.196, s.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 15. Water Utilities─vacation or Relocation of Roads › 8-1-15-4. Order Granting or Denying Petition

Sec. 4. If no such remonstrance shall be filed in writing with the court before the time set for hearing, the court shall grant the prayer of the petition. If remonstrance thereto be made, the court shall set the time for hearing and trial by the court and if the facts alleged in said petition are found true and the facts in said remonstrance are found not true the court shall overrule the remonstrance and grant the prayer of the petition. In either case, all costs of the proceedings shall be paid by the petitioner.
Formerly: Acts 1959, c.196, s.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 17. Telephones─rural Telephone Cooperative Act › 8-1-17-1. Short Title

Sec. 1. This chapter may be known and referred to as the "Rural Communications Cooperative Act".
Formerly: Acts 1951, c.193, s.1. As amended by P.L.59-1984, SEC.73; P.L.81-2020, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 17. Telephones─rural Telephone Cooperative Act › 8-1-17-2. Formation of Corporation

Sec. 2. Any number of natural persons not less than eleven (11) may, by executing, filing, and recording articles of incorporation as provided in this chapter, form a cooperative corporation, not organized for pecuniary profit, for the purpose of:
(1) if the corporation is local in its scope, promoting and encouraging the fullest possible use of communications service in Indiana by making communications service and educational services incident to communications service available to inhabitants of rural areas of Indiana at the lowest cost consistent with sound economy and prudent management of the business of the cooperative corporation; or
(2) if the corporation is general in its scope, furnishing engineering, financial, accounting, and/or educational services, incident to communications service.
Formerly: Acts 1951, c.193, s.2. As amended by P.L.136-2018, SEC.73; P.L.81-2020, SEC.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 17. Telephones─rural Telephone Cooperative Act › 8-1-17-2.1. Not-for-Profit Corporations Formed Under Acts 1935, C. 157; Amended Articles of Incorporation

Sec. 2.1. (a) If the requirements of subsection (b) are met, a local cooperative telephone corporation formed under Acts 1935, c.157 is considered to be a communications cooperative corporation formed under this chapter and is subject to its requirements and not the requirements of IC 23-7-1.1 (before its repeal August 1, 1991) or IC 23-17.
(b) A local cooperative telephone corporation described in subsection (a) shall amend its articles of incorporation in accordance with IC 23-7-1.1 (before its repeal August 1, 1991) or IC 23-17 to conform to the requirements of this chapter and shall submit a copy of its amended articles to the commission for approval. After examining the articles, the commission shall approve the amended articles if they conform to the requirements of this chapter. The commission may approve the amended articles without conducting a hearing. The secretary of state may not issue a certificate of amendment before the commission approves the amended articles under this subsection.
(c) The certificate of public convenience and necessity or certificate of territorial authority previously issued to a local cooperative telephone corporation described in subsection (a) shall serve as the certificate required under section 6 of this chapter (before its repeal July 1, 2009).
(d) Subsection (a) applies to a local telephone cooperative corporation as of the date the secretary of state issues a certificate of amendment under IC 23-7-1.1-26 (before its repeal August 1, 1991) or IC 23-17-17.
(e) The local cooperative telephone corporation shall record the amended articles of incorporation in the county where the local cooperative telephone corporation has its principal office.
As added by P.L.122-1987, SEC.1. Amended by P.L.179-1991, SEC.13; P.L.96-1993, SEC.1; P.L.27-2006, SEC.40; P.L.81-2020, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 17. Telephones─rural Telephone Cooperative Act › 8-1-17-2.2. Telephone Cooperative Corporations Formed Before July 1, 2020

Sec. 2.2. (a) A telephone cooperative corporation formed under this chapter before July 1, 2020, is, after June 30, 2020:
(1) considered to be a communications cooperative corporation; and
(2) subject to this chapter;
as if the telephone cooperative corporation were formed under this chapter after June 30, 2020.
(b) After June 30, 2020, a reference in a statute, rule, or other document to a telephone cooperative corporation formed under this chapter is considered a reference to a communications cooperative corporation formed under this chapter.
As added by P.L.81-2020, SEC.6.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 17. Telephones─rural Telephone Cooperative Act › 8-1-17-3. Definitions

Sec. 3. As used in this chapter, the following terms have the following meanings unless a different meaning clearly appears from the context:
(1) "Acquire" means to obtain by construction, purchase, lease, devise, gift, eminent domain, or by any other lawful means.
(2) "Board" means the board of directors of a cooperative corporation.
(3) "Communications facilities" includes all buildings, plants, works, structures, improvements, fixtures, apparatus, materials, supplies, machinery, tools, implements, poles, posts, crossarms, conduits, ducts, underground or overhead lines, wires, cables, fibers, exchanges, switches, desks, testboards, frames, racks, motors, generators, batteries, and other items of central office equipment, paystations, protectors, instruments, connections, and appliances, office furniture and equipment, work equipment, and all other property used in connection with the provision of communications services.
(4) "Communications service":
(A) has the meaning set forth in IC 8-1-32.5-3; and
(B) includes all facilities or systems used in the rendition of the service.
(5) "Cooperative corporation" means a corporation formed under this chapter.
(6) "Facilities based local exchange carrier" has the meaning set forth in IC 8-1-32.4-5.
(7) "General cooperative corporation" means a cooperative corporation formed to render services to local cooperative corporations.
(8) "Improve" includes construct, reconstruct, extend, enlarge, alter, better, or repair.
(9) "Local cooperative corporation" means a cooperative corporation formed to render communications services within Indiana.
(10) "Local exchange service" has the meaning set forth in IC 8-1-32.4-8.
(11) "Member" includes each individual signing the articles of incorporation of a cooperative corporation and each person admitted to membership of the cooperative corporation under law and the corporation's bylaws.
(12) "Obligations" includes negotiable bonds, notes, debentures, interim certificates or receipts, and other evidences of indebtedness, either issued or the payment of which is assumed by a cooperative corporation.
(13) "Person" or "inhabitant" includes an individual, a firm, an association, a corporation, a limited liability company, a business trust, and a partnership.
(14) "Service" or "services", when not accompanied by the word "communications", means construction, engineering, financial, accounting, or educational services incidental to communications service.
(15) "System" includes any plant, works, system, facilities, or properties, together with all parts of and appurtenances to the plant, works, system, facilities, or properties, used or useful in communications service.
Formerly: Acts 1951, c.193, s.3. As amended by P.L.59-1984, SEC.74; P.L.23-1988, SEC.56; P.L.97-1993, SEC.1; P.L.8-1993, SEC.127; P.L.27-2006, SEC.41; P.L.7-2015, SEC.11; P.L.49-2018, SEC.3; P.L.81-2020, SEC.7.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 17. Telephones─rural Telephone Cooperative Act › 8-1-17-4. Articles of Incorporation

Sec. 4. The articles of incorporation shall be entitled and endorsed "Articles of Incorporation of ____________ (the blank space to be filled in with the name of the corporation) and shall state:
(1) The name of the cooperative corporation, which shall be such as to distinguish it from any other corporation, and a statement whether it is to be a general or a local cooperative corporation.
(2) A statement of the county or counties within which its operations are to be conducted. If it is a local cooperative corporation, the rural area or areas in which its operations are to be conducted shall be further described and limited from time to time by certificate issued by the commission.
(3) Location of its principal office and post office address.
(4) The maximum number of directors, not less than three (3).
(5) The names and post office addresses of the directors who are to manage the affairs of the cooperative corporation for the first year of its existence or until their successors are chosen.
(6) The period, if any, limited for the duration of the cooperative corporation or a statement that the duration of the cooperative corporation is to be perpetual.
(7) The terms and conditions upon which members of the corporation shall be admitted.
(8) The articles of incorporation of a cooperative corporation may contain also any provision not contrary to law which the incorporators may desire for the regulation of its business and the conduct of its affairs; and any provisions creating, defining, limiting or regulating the powers of the cooperative corporation, its directors and members.
Formerly: Acts 1951, c.193, s.4. As amended by P.L.119-1987, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 17. Telephones─rural Telephone Cooperative Act › 8-1-17-6. Repealed

Formerly: Acts 1951, c.193, s.6. As amended by P.L.59-1984, SEC.75; P.L.97-1993, SEC.3; P.L.145-1999, SEC.1 and P.L.198-1999, SEC.3. Repealed by P.L.27-2006, SEC.62.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 17. Telephones─rural Telephone Cooperative Act › 8-1-17-7. Board of Directors

Sec. 7. (a) Each cooperative corporation formed under this chapter shall have a board of directors, which board shall constitute the governing body of the cooperative corporation. The directors of a local cooperative corporation must be members, or if the cooperative corporation's bylaws so provide, a member's officers, directors, or partners, or the owner of a member that is a sole proprietorship may be directors of the cooperative corporation. Directors other than those named in the cooperative corporation's articles of incorporation shall be elected by the cooperative corporation's members.
(b) Unless the bylaws of the cooperative corporation provide otherwise, such directors shall be elected annually. The bylaws may provide that the directors may hold office for any stated period not exceeding three (3) years, and be so elected that the terms of only part of such directors shall expire at any one (1) time and that only enough directors to succeed those whose terms are about to expire need be elected in any year.
(c) The bylaws may provide that the area in which the members of the cooperative corporation reside shall be apportioned into districts and prescribe the procedure by which the members residing in any one (1) district may nominate a director.
(d) The bylaws may specify a fair remuneration for the time actually spent by its officers, directors, and members of its executive committee in the performance of their duties as such and provide that the same be paid them respectively. The officers, directors, and members of the executive committee shall be entitled to reimbursement for expenses incurred by them in the performance of their duties whether or not the bylaws provide that they be remunerated for their time spent in such performance.
(e) The board shall annually designate and elect those officers it considers necessary.
Formerly: Acts 1951, c.193, s.7. As amended by P.L.97-1993, SEC.4; P.L.145-1999, SEC.2; P.L.198-1999, SEC.4; P.L.14-2000, SEC.25.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 17. Telephones─rural Telephone Cooperative Act › 8-1-17-8. Board of Directors; Powers and Duties

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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 17. Telephones─rural Telephone Cooperative Act › 8-1-17-10. Corporate Purpose; Local Cooperative Corporation

Sec. 10. (a) The corporate purpose of each local cooperative corporation shall be to render communications service to its members and to such other persons in the specific instances as expressly provided in this chapter, and no person shall become or remain a member unless such person shall use communications service supplied by such cooperative corporation and shall have complied with the terms and conditions in respect to membership contained in the bylaws of such cooperative corporation.
(b) A local cooperative corporation is one formed under this chapter for the purpose of furnishing communications service to its patrons.
Formerly: Acts 1951, c.193, s.10. As amended by P.L.59-1984, SEC.76; P.L.81-2020, SEC.9.