reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2.1. Motor Carrier Regulation › Chapter 25. Inspection of Commercial Buses Used in Organizational Activities › 8-2.1-25-8. Adoption of Rules

Sec. 8. The state police department may adopt rules under IC 4-22-2 to establish a certification program for third party inspection of motor buses.
As added by P.L.94-1998, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2.1. Motor Carrier Regulation › Chapter 26. Invalidity of Indemnity Agreements in Motor Carrier Transportation Contracts › 8-2.1-26-1. Application of Chapter

Sec. 1. This chapter applies to an indemnity provision entered into or renewed after June 30, 2006.
As added by P.L.31-2006, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2.1. Motor Carrier Regulation › Chapter 26. Invalidity of Indemnity Agreements in Motor Carrier Transportation Contracts › 8-2.1-26-2. "Indemnity Provision"

Sec. 2. As used in this chapter, "indemnity provision" means a provision, a clause, a covenant, or an agreement that:
(1) is contained in, collateral to, or affecting a motor carrier transportation contract; and
(2) purports to indemnify, defend, or hold harmless, or has the effect of indemnifying, defending, or holding harmless, a promisee against liability for loss or damage resulting from:
(A) negligence;
(B) intentional acts; or
(C) omissions;
of the promisee or an agent, employee, servant, or independent contractor that is directly responsible to the promisee.
As added by P.L.31-2006, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2.1. Motor Carrier Regulation › Chapter 26. Invalidity of Indemnity Agreements in Motor Carrier Transportation Contracts › 8-2.1-26-3. "Motor Carrier Transportation Contract"

Sec. 3. As used in this chapter, "motor carrier transportation contract" means a contract, an agreement, or an understanding covering:
(1) the transportation of property for compensation or hire by a motor carrier as defined under this article or by 49 U.S.C. 13102(14);
(2) the entrance on real property by a motor carrier to:
(A) load;
(B) unload; or
(C) transport property for compensation or hire; or
(3) a service incidental to an activity described in subdivision (1) or (2), including storage of property.
As added by P.L.31-2006, SEC.1. Amended by P.L.7-2015, SEC.20.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2.1. Motor Carrier Regulation › Chapter 26. Invalidity of Indemnity Agreements in Motor Carrier Transportation Contracts › 8-2.1-26-4. "Promisee"

Sec. 4. As used in this chapter, "promisee" means a person that an indemnity provision:
(1) purports to indemnify, defend, or hold harmless; or
(2) has the effect of indemnifying, defending, or holding harmless.
As added by P.L.31-2006, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2.1. Motor Carrier Regulation › Chapter 26. Invalidity of Indemnity Agreements in Motor Carrier Transportation Contracts › 8-2.1-26-5. Indemnity Provisions; Exceptions; Enforcement

Sec. 5. (a) This section does not apply to any of the following:
(1) An indemnity provision in which a motor carrier indemnifies a promisee for and only to the extent of loss or damage that results directly from the negligence, omission, or intentional act of the motor carrier or an agent, employee, servant, or independent contractor that is directly responsible to the motor carrier.
(2) An indemnity provision contained in, collateral to, or affecting a motor carrier transportation contract with a regulated public utility, including an energy utility (as defined in IC 8-1-2.5-2) or an affiliate of an energy utility, if the contract relates to a utility product, service, or business operation. For purposes of this subdivision, a contract relates to a utility product, service, or business operation if it involves an activity necessary for or ancillary to the production or delivery of heat, power and light, or a product or service under the jurisdiction of the Indiana utility regulatory commission (as described by IC 8-1-1).
(3) The Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America.
(b) Notwithstanding any other law, an indemnity provision under this chapter is:
(1) against public policy; and
(2) void and unenforceable.
As added by P.L.31-2006, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2.1. Motor Carrier Regulation › Chapter 27. Transportation of Food › 8-2.1-27-1. "Acceptable Temperature"

Sec. 1. As used in this chapter, "acceptable temperature" means a temperature established in a rule or regulation adopted by the Indiana department of health with respect to the storage and transportation of a particular food and enforced by the Indiana department of health or a local health department.
As added by P.L.108-2012, SEC.1. Amended by P.L.56-2023, SEC.55.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2.1. Motor Carrier Regulation › Chapter 27. Transportation of Food › 8-2.1-27-2. "Health Inspector"

Sec. 2. As used in this chapter, "health inspector" refers to an agent or employee of the Indiana department of health or a local health department.
As added by P.L.108-2012, SEC.1. Amended by P.L.56-2023, SEC.56.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2.1. Motor Carrier Regulation › Chapter 27. Transportation of Food › 8-2.1-27-3. "Law Enforcement Officer"

Sec. 3. As used in this chapter, "law enforcement officer" means:
(1) a state police officer; or
(2) a state police motor carrier inspector;
with authority to enforce this article.
As added by P.L.108-2012, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2.1. Motor Carrier Regulation › Chapter 27. Transportation of Food › 8-2.1-27-4. "Local Health Department"

Sec. 4. As used in this chapter, "local health department" refers to a local health department established under IC 16-20 or the health and hospital corporation created under IC 16-22-8.
As added by P.L.108-2012, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2.1. Motor Carrier Regulation › Chapter 27. Transportation of Food › 8-2.1-27-5. "Motor Vehicle for the Transportation of Food"

Sec. 5. As used in this chapter, "motor vehicle for the transportation of food" means a motor vehicle that is:
(1) subject to inspection under IC 8-2.1-24, including under rules prescribed under IC 8-2.1-24; and
(2) engaged in the transportation of food.
As added by P.L.108-2012, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2.1. Motor Carrier Regulation › Chapter 27. Transportation of Food › 8-2.1-27-6. Compliance With Applicable Rules Concerning Transportation of Food

Sec. 6. A person may not operate a motor vehicle for the transportation of food upon a public highway unless the motor vehicle is in compliance with applicable rules adopted by the Indiana department of health concerning the transportation of food.
As added by P.L.108-2012, SEC.1. Amended by P.L.56-2023, SEC.57.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2.1. Motor Carrier Regulation › Chapter 27. Transportation of Food › 8-2.1-27-7. Inspection to Determine Compliance; Noncompliance; Class a Infraction; Inspection by Law Enforcement Officer or Health Inspector; Transporting Food Ordered Disposed; Class a Misdemeanor; Impoundment

Sec. 7. (a) A law enforcement officer may inspect a motor vehicle used to transport food to determine compliance with section 6 of this chapter.
(b) This subsection applies if, during the course of an inspection under subsection (a), a law enforcement officer determines that:
(1) the temperature of the food is more than two (2) degrees above the acceptable temperature;
(2) the food exhibits outward signs of contamination, spoilage, deterioration, putrefaction, or infestation; or
(3) the food is improperly loaded in a manner that increases the risk of cross-contamination.
A person who operates a motor vehicle described in this subsection commits a Class A infraction.
(c) If, during the course of an inspection under subsection (a), a law enforcement officer determines that the motor vehicle is not in compliance with applicable rules and regulations adopted by the Indiana department of health concerning the transportation of food, the law enforcement officer:
(1) may contact a health inspector to inspect the motor vehicle; and
(2) may detain the motor vehicle and its operator for purposes of the inspection.
(d) If a health inspector is present to inspect a motor vehicle and finds a violation of section 6 of this chapter, the health inspector may order either or both of the following:
(1) Disposal of part or all of the food.
(2) Impoundment of the vehicle.
(e) The penalty under this subsection is in addition to any penalties provided in IC 9, IC 16, or rules or regulations adopted by the Indiana department of health. This subsection applies if a health inspector, after inspection of a motor vehicle under subsection (d), finds a violation of section 6 of this chapter. A person who operates a motor vehicle described in this subsection commits a Class A infraction.
(f) A person who recklessly, knowingly, or intentionally transports food that a health inspector ordered to be disposed under subsection (d)(1), other than for the purpose of disposal, commits a Class A misdemeanor.
(g) A person who operated a motor vehicle impounded under subsection (d)(2) may not obtain possession of the motor vehicle until the person complies with the requirements of this chapter, including paying any costs associated with the disposal of food under subsection (d)(1).
As added by P.L.108-2012, SEC.1. Amended by P.L.56-2023, SEC.58.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2.1. Motor Carrier Regulation › Chapter 27. Transportation of Food › 8-2.1-27-8. Immunity From Civil Liability

Sec. 8. The following are not liable in a civil action for an official act done or omitted in connection with the performance of duties under this chapter:
(1) An agent or employee of the department.
(2) An agent or employee of the state police department.
(3) An agent or employee of the Indiana department of health.
(4) An agent or employee of a local health department.
(5) Any other individual charged with enforcing:
(A) this article; or
(B) rules or regulations adopted by the Indiana department of health concerning the transportation of food.
As added by P.L.108-2012, SEC.1. Amended by P.L.56-2023, SEC.59.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2.1. Motor Carrier Regulation › Chapter 28. Weigh-in-Motion Pilot Program › 8-2.1-28-2. Weigh-in-Motion Equipment

Sec. 2. The department may:
(1) plan;
(2) develop;
(3) install;
(4) maintain;
(5) monitor; and
(6) finance;
electronic weigh-in-motion equipment to facilitate the enforcement of size and weight restrictions under IC 9-20.
As added by P.L.218-2017, SEC.60.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2.1. Motor Carrier Regulation › Chapter 28. Weigh-in-Motion Pilot Program › 8-2.1-28-4. Rules

Sec. 4. The department may adopt rules under IC 4-22-2 to carry out this chapter. If the department adopts rules under this section, the rules must establish the following:
(1) Technical standards for the installation of electronic weigh-in-motion stations, including:
(A) roadway sensors;
(B) cameras;
(C) laser measurement devices;
(D) roadway pressure sensors;
(E) speed sensors; and
(F) all other equipment necessary to establish electronic weigh-in-motion stations.
(2) Weight tolerances for electronic weigh-in-motion stations, frequency of testing of weight tolerances, and certification programs for weight tolerances.
(3) Smoothness standards for approach and departure pavement, and a program to monitor roadway smoothness affecting electronic weigh-in-motion stations.
As added by P.L.218-2017, SEC.60.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 2.1. Motor Carrier Regulation › Chapter 28. Weigh-in-Motion Pilot Program › 8-2.1-28-5. Emergency Rules

Sec. 5. (a) The department may adopt emergency rules in the manner provided under IC 4-22-2-37.1 to carry out this chapter.
(b) An emergency rule adopted under subsection (a) expires on the date a rule that supersedes the emergency rule is adopted by the department under IC 4-22-2-22.5 through IC 4-22-2-36.
As added by P.L.218-2017, SEC.60.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 1. Railroad Regulation─department of Transportation › 8-3-1-1. Financial and Business Operations Report

Sec. 1. (a) As used in this chapter, "department" refers to the Indiana department of transportation.
(b) Every such carrier shall annually, before April 1, file with the department, under the signature and oath of the department's principal accounting officer, a detailed report, in the form prescribed by the department, of all the carrier's financial and business operations in Indiana for the year ending on the preceding December 31. The report shall embrace the other information and facts as shall be prescribed by the Surface Transportation Board for reports of interstate carriers thereto, and the reports shall be in the form prescribed, insofar as the same is applicable. Any carrier failing to make the report for thirty (30) days after the same is due, unless the time therefor is extended by the department, shall forfeit and pay to the state the sum of one hundred dollars ($100) for each day of the default, to be collected as provided in this chapter.
Formerly: Acts 1905, c.53, s.3; Acts 1907, c.241, s.3; Acts 1913, c.268, s.1; Acts 1917, c.48, s.1. As amended by P.L.62-1984, SEC.1; P.L.384-1987(ss), SEC.11; P.L.8-1989, SEC.48; P.L.18-1990, SEC.34; P.L.8-1993, SEC.136; P.L.50-2011, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 1. Railroad Regulation─department of Transportation › 8-3-1-2. "Railroad" Defined

Sec. 2. The term "railroad" as used in this chapter shall mean and include any railroad whether its locomotives are powered by steam, combustion-type fuel or electricity other than a hobby, tourist, amusement, and non-freight-carrying railroad.
Formerly: Acts 1905, c.53, s.3a; Acts 1963, c.182, s.1. As amended by Acts 1976, P.L.26, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 1. Railroad Regulation─department of Transportation › 8-3-1-3. Repealed

Formerly: Acts 1905, c.53, s.4; Acts 1907, c.241, s.4. As amended by P.L.62-1984, SEC.2; P.L.384-1987(ss), SEC.12. Repealed by P.L.50-2011, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 1. Railroad Regulation─department of Transportation › 8-3-1-4. Repealed

Formerly: Acts 1905, c.53, s.5; Acts 1907, c.241, s.5. As amended by P.L.62-1984, SEC.3; P.L.384-1987(ss), SEC.13; P.L.90-2002, SEC.314. Repealed by P.L.50-2011, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 1. Railroad Regulation─department of Transportation › 8-3-1-5. 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 1. Railroad Regulation─department of Transportation › 8-3-1-6. Repealed

Formerly: Acts 1905, c.53, s.8; Acts 1907, c.241, s.8. As amended by P.L.62-1984, SEC.5; P.L.384-1987(ss), SEC.15. Repealed by P.L.50-2011, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 1. Railroad Regulation─department of Transportation › 8-3-1-7. Repealed

Formerly: Acts 1905, c.53, s.9. As amended by Acts 1978, P.L.2, SEC.819; P.L.384-1987(ss), SEC.16. Repealed by P.L.50-2011, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 1. Railroad Regulation─department of Transportation › 8-3-1-8. Repealed

Formerly: Acts 1905, c.53, s.10; Acts 1907, c.241, s.9; Acts 1911, c.225, s.1; Acts 1949, c.151, s.1; Acts 1971, P.L.86, SEC.1. As amended by P.L.384-1987(ss), SEC.17. Repealed by P.L.50-2011, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 1. Railroad Regulation─department of Transportation › 8-3-1-9. Repealed

Formerly: Acts 1905, c.53, s.11; Acts 1907, c.241, s.10; Acts 1911, c.225, s.2. As amended by Acts 1978, P.L.6, SEC.12; P.L.384-1987(ss), SEC.18. Repealed by P.L.50-2011, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 1. Railroad Regulation─department of Transportation › 8-3-1-10. Repealed

Formerly: Acts 1905, c.53, s.12; Acts 1907, c.241, s.11; Acts 1911, c.225, s.3. As amended by P.L.62-1984, SEC.6; P.L.384-1987(ss), SEC.19. Repealed by P.L.50-2011, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 1. Railroad Regulation─department of Transportation › 8-3-1-11. Repealed

Formerly: Acts 1905, c.53, s.13; Acts 1907, c.241, s.12. As amended by Acts 1977, P.L.2, SEC.40; Acts 1978, P.L.2, SEC.820; P.L.384-1987(ss), SEC.20. Repealed by P.L.50-2011, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 1. Railroad Regulation─department of Transportation › 8-3-1-12. Repealed

Formerly: Acts 1905, c.53, s.14; Acts 1907, c.241, s.13; Acts 1935, c.272, s.1; Acts 1973, P.L.63, SEC.2; Acts 1975, P.L.76, SEC.2. As amended by P.L.384-1987(ss), SEC.21; P.L.8-1993, SEC.138. Repealed by P.L.50-2011, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 1. Railroad Regulation─department of Transportation › 8-3-1-13. Repealed

Formerly: Acts 1905, c.53, s.15; Acts 1907, c.241, s.14. As amended by Acts 1977, P.L.2, SEC.41; Acts 1978, P.L.2, SEC.821; P.L.384-1987(ss), SEC.22. Repealed by P.L.50-2011, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 1. Railroad Regulation─department of Transportation › 8-3-1-14. Repealed

Formerly: Acts 1905, c.53, s.16. As amended by P.L.62-1984, SEC.7; P.L.384-1987(ss), SEC.23; P.L.8-1993, SEC.139. Repealed by P.L.50-2011, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 1. Railroad Regulation─department of Transportation › 8-3-1-16. Repealed

Formerly: Acts 1905, c.53, s.18; Acts 1907, c.241, s.15. As amended by P.L.62-1984, SEC.9; P.L.192-1986, SEC.6; P.L.384-1987(ss), SEC.24. Repealed by P.L.50-2011, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 1. Railroad Regulation─department of Transportation › 8-3-1-17. Repealed

Formerly: Acts 1905, c.53, s.19; Acts 1907, c.241, s.16. As amended by P.L.62-1984, SEC.10; P.L.384-1987(ss), SEC.25. Repealed by P.L.50-2011, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 1. Railroad Regulation─department of Transportation › 8-3-1-18. Information to Department; Enforcement Powers of Department

Sec. 18. The department may inquire into the management of the business of all common carriers subject to this chapter, and shall keep itself informed as to the manner and method in which the same is conducted, and may obtain from such carriers full and complete information necessary to enable the department to perform the duties and carry out the objects for which the department was created. The department shall enforce this chapter and all the other statutes of this state the enforcement of which is devolved upon the department, and such other statutes of this state as shall prescribe the duties and obligations and regulate the conduct of the carriers subject to this chapter in their dealings with the public and each other as common carriers of passengers and property in this state, and, to enable the department so to do, the department may institute and prosecute, in its name, any appropriate action at law or suit in equity, in any circuit or superior court of this state, against any such carrier to compel it to observe the requirements of this chapter and all other statutes of this state, and the orders of the department made under this chapter or any other law of this state, and all orders and judgments of any court in this state made under this chapter; or to restrain any such carrier from the further continuance of any act or practice suffered or authorized by it in violation of this chapter, the other statutes of this state, the orders of the department or a court made under this chapter, and the costs and expenses of such proceedings shall be audited and approved by the auditor of state and paid as provided in this chapter.
Formerly: Acts 1905, c.53, s.20; Acts 1907, c.241, s.17. As amended by P.L.62-1984, SEC.11; P.L.384-1987(ss), SEC.26.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 1. Railroad Regulation─department of Transportation › 8-3-1-19. Repealed

Formerly: Acts 1905, c.53, s.21; Acts 1907, c.241, s.18. As amended by Acts 1976, P.L.26, SEC.2; P.L.384-1987(ss), SEC.27. Repealed by P.L.50-2011, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 1. Railroad Regulation─department of Transportation › 8-3-1-20. Right of Action for Penalty or Forfeiture, Release, or Waiver

Sec. 20. This chapter does not release or waive any right of action by the state or any person for any right, penalty, or forfeiture which may arise under any law of this state. All penalties accruing under this chapter shall be cumulative of each other, and a suit for or recovery of one (1) shall not be a bar to the recovery of any other penalty.
Formerly: Acts 1905, c.53, s.22. As amended by P.L.62-1984, SEC.12; P.L.384-1987(ss), SEC.28.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 1. Railroad Regulation─department of Transportation › 8-3-1-21. Accident Reports; Facilities Maintenance

Sec. 21. (a) Every railroad company subject to this chapter shall report to the department as soon as possible after it has occurred, every accident and the general cause thereof, involving loss of life or serious injury to passenger or employee.
(b) Whenever the department shall secure reliable information, or complaint shall have been made, or, because of reports made by its inspectors, shall have reason to believe, that any carrier in this state does not provide and adequately maintain sanitary drinking water and sanitary dispensers therefor on all locomotives and cabooses in use, or that any such carrier does not provide a room or rooms at all terminals, for the use of the department's employees, containing adequate wash basins, shower baths, inside toilets, sanitary drinking water dispensed in a sanitary manner, and sufficient lockers for checking employees' clothing, it shall be the duty of the department to cause such investigation to be made as it may deem necessary, and when such investigation shall have been made, the department shall make a report to the manager or superintendent of the railroad company. In said report and recommendations, the department shall make an accurate statement of the time such examination was made, of the exact location, character, and extent of such defects or omissions, if any such shall have been found, and shall also recommend such reasonable changes and improvements, additions, buildings, and accommodations, as are, in the opinion of the department, necessary to remedy such faults, neglects, requirements, or defects. Such recommendations shall set out specifically a reasonable time within which such improvements or changes or additions shall be made by the railroad company, and if they are not so made within said time so specified, then the department, if it considers it best so to do, may commence proceedings by mandamus or other remedy, in some circuit or superior court having jurisdiction of the carriers, to enforce compliance with its order. All courts, circuit, superior, appellate, or supreme, as shall obtain jurisdiction in these cases, shall give preference to such cases, and shall hear and determine the same speedily to the end that the employees' interests and the public interests may not suffer.
Formerly: Acts 1905, c.53, s.23; Acts 1907, c.241, s.19; Acts 1911, c.76, s.1; Acts 1933, c.58, s.1; Acts 1949, c.9, s.1. As amended by P.L.12-1984, SEC.2; P.L.384-1987(ss), SEC.29; P.L.50-2011, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 1. Railroad Regulation─department of Transportation › 8-3-1-21.2. Restoration; Apportionment of Costs

Sec. 21.2. (a) The department may order the apportionment of costs that result from the restoration, under section 21.1(b) of this chapter, of grade crossings with abandoned railroads among the railroads and the public agencies. After receiving a petition from a railroad or an affected public agency, the department shall:
(1) give notice of the pending action;
(2) provide an opportunity for the affected parties to be heard by the commission;
(3) apportion the costs among the railroad and the public agency according to section 21.1 of this chapter; and
(4) adopt rules under IC 4-22-2 to establish the respective responsibilities of railroads and public agencies performing restoration work on grade crossings with abandoned railroads.
(b) The department shall determine the reasonableness of the cost of the restoration charged to the railroad under section 21.1(c) of this chapter if the railroad petitions for that determination.
As added by Acts 1977, P.L.106, SEC.1. Amended by P.L.63-1984, SEC.2; P.L.17-1985, SEC.5; P.L.384-1987(ss), SEC.31.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 1. Railroad Regulation─department of Transportation › 8-3-1-21.3. Improvement of Street or Highway Intersecting Railroad Right-of-Way; Notice and Assessment of Cost to Owner

Sec. 21.3. (a) When a public street or highway intersects with a railroad right-of-way that is not owned by a railroad, the public agency with jurisdiction over the street or highway may:
(1) remove any crossing control devices;
(2) remove railroad insignia, rails, or ties; or
(3) reconstruct the highway so that it conforms with the standards of the intersecting street or highway.
(b) The public agency may not proceed under subsection (a) until the owner of the railroad right-of-way is given written notice of the agency's intention to undertake the work.
(c) The cost of the work shall be documented and charged to the owner, and if not paid by the owner, the cost may be added to the owner's property tax statement of current and delinquent taxes and special assessments under IC 6-1.1-22-8.1.
As added by P.L.95-1985, SEC.1. Amended by P.L.3-2008, SEC.74.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 1. Railroad Regulation─department of Transportation › 8-3-1-22. Abandoned Railroad Rights-of-Way Intersecting or Crossing Public Highways; Resurfacing

Sec. 22. If the department determines that the right-of-way of a railroad which intersects or crosses a public highway or street is abandoned, any unit of government may resurface that intersection or crossing.
As added by Acts 1982, P.L.75, SEC.2. Amended by P.L.384-1987(ss), SEC.32.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 1. Railroad Regulation─department of Transportation › 8-3-1-23. Expenses; Charges and Payment

Sec. 23. Any expense incurred by the department, either upon a complaint against a railroad or upon a petition of any railroad, shall be charged and paid in the manner provided for public utilities under IC 8-1-6.
As added by P.L.384-1987(ss), SEC.33.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 1.5. State Rail Preservation Law › 8-3-1.5-1. Definitions

Sec. 1. As used in this chapter:
(a) "Agent for the State" means the department as agent for the state as that term is used in the Regional Rail Reorganization Act of 1973.
(b) "Department" refers to the Indiana department of transportation established under IC 8-23-2-1.
(c) "Includes" and variants of it, should be read as if the phrase "but is not limited to" was also set forth.
(d) "Person" means individuals, corporations, partnerships, or foreign and domestic associations, including railroads.
(e) "Rail properties" means assets or rights, owned, leased, or otherwise controlled by a railroad or other persons which are used, or useful, in rail transportation service; however, the term rail properties does not include any properties owned, leased or otherwise controlled by a railroad not in reorganization unless it consents to such property's inclusion in the particular transaction.
(f) "Rail service" means both freight and passenger service.
Formerly: Acts 1975, P.L.79, SEC.1. As amended by Acts 1980, P.L.74, SEC.40; P.L.18-1990, SEC.36.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 1.5. State Rail Preservation Law › 8-3-1.5-2. Authority of Indiana Department of Transportation

Sec. 2. The department is hereby authorized to exercise those powers necessary for the state to qualify for rail service continuation subsidies pursuant to the provisions of the federal Regional Rail Reorganization Act of 1973, including authority:
(a) to establish a state plan for rail transportation and local rail services;
(b) to administer and coordinate the state plan;
(c) to provide in the plan for the equitable distribution of federal rail service continuation subsidies among state, local, and regional transportation authorities;
(d) to promote, supervise, and support safe, adequate, and efficient rail services;
(e) to employ sufficient trained and qualified personnel for these purposes;
(f) to maintain adequate programs of investigation, research, promotion, and development in connection with such purposes and to provide for public participation in the programs;
(g) to provide satisfactory assurances on behalf of the State that such fiscal control and fund accounting procedures will be adopted by the State as may be necessary to assure proper disbursement of and account for federal funds paid to the State as rail service continuation subsidies;
(h) to comply with the regulations of the Secretary of Transportation of the United States Department of Transportation affecting federal rail service continuation programs; and
(i) to do all things otherwise necessary to maximize federal assistance to the State under Title IV of the Federal Regional Rail Reorganization Act of 1973.
Formerly: Acts 1975, P.L.79, SEC.1. As amended by Acts 1980, P.L.74, SEC.41; P.L.1-1994, SEC.34; P.L.100-2012, SEC.22; P.L.136-2018, SEC.82.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 1.5. State Rail Preservation Law › 8-3-1.5-3. Financial Assistance for Continuance of Rail Service

Sec. 3. The department is hereby authorized to provide financial assistance, within the limits of the funds appropriated for this purpose, for the continuation of operations and maintenance of any railroad within the State as provided for in the federal Regional Rail Reorganization Act of 1973, or other relevant federal legislation. The department may also act as the agent in cooperation with any local or regional transportation authority, local government units, any group of rail users, or any person, and the federal government in any rail service continuation program.
Formerly: Acts 1975, P.L.79, SEC.1. As amended by Acts 1980, P.L.74, SEC.42.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 1.5. State Rail Preservation Law › 8-3-1.5-4. Information to Be Provided to Department

Sec. 4. The department in performing its planning function is authorized to request any railroad to provide such data and information as are necessary for the planning process. Railroads operating within the State shall provide such information within sixty (60) days of the date of the request. Should the railroad fail to provide such information, the department is hereby granted subpoena power for securing this data. The department shall exercise all necessary caution to avoid disclosure of confidential information supplied under this section.
Formerly: Acts 1975, P.L.79, SEC.1. As amended by Acts 1980, P.L.74, SEC.43.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 1.5. State Rail Preservation Law › 8-3-1.5-5. Acquisition of Rail or Nonrail Property

Sec. 5. (a) The department, as sole agent for the State, may acquire by purchase or condemnation or otherwise any portion or portions of any rail properties. In addition, the department may acquire any other non-rail property found by the department to be necessary for the operation of a railroad.
(b) The authority to acquire rail properties extends to rail properties both within and not within the jurisdiction of the Interstate Commerce Commission. It also includes rail properties within the purview of the Regional Rail Reorganization Act of 1973 and any other relevant federal legislation.
(c) The acquisition of the rail properties, by the department is for the purpose of the continued and future operation of a railroad deemed to be in the public interest. The acquisition of the rail properties, and other non-rail property, is declared to be a public purpose and to be reasonably necessary. This action may be taken in concert with another State or States as necessary to insure continued rail service in this State.
Formerly: Acts 1975, P.L.79, SEC.1. As amended by Acts 1980, P.L.74, SEC.44.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 1.5. State Rail Preservation Law › 8-3-1.5-6. Disposition of Property

Sec. 6. The department may sell, transfer, or lease all, or any part of the rail properties acquired under the provisions of this chapter to any responsible person, firm, or corporation for continued operation of a railroad, or other public purpose, provided that approval for the continued operation, or other public purposes, is granted by the Interstate Commerce Commission of the United States, whenever approval is required. The sale, transfer, or lease shall be for a price, and subject to any further terms and conditions which the department feels are necessary and appropriate to effectuate the purposes of this chapter.
Formerly: Acts 1975, P.L.79, SEC.1. As amended by Acts 1980, P.L.74, SEC.45.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 1.5. State Rail Preservation Law › 8-3-1.5-7. Interstate Commerce Commission Certificate

Sec. 7. After acquiring any railroad lines within the State, the department shall assist any responsible person, firm, or corporation to secure, as promptly as possible, any order or certificate required by the Interstate Commerce Commission for the performance of railroad service. The department shall also give any assurances or guarantees which are necessary or desirable to carry out the purposes of this chapter.
Formerly: Acts 1975, P.L.79, SEC.1. As amended by Acts 1980, P.L.74, SEC.46.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 1.5. State Rail Preservation Law › 8-3-1.5-8. Condemnation Power

Sec. 8. If the department is unable to acquire necessary rail properties by purchase or otherwise, it may proceed to condemn all or any portion of such rail properties. In all condemnation proceedings, the legislative determination set forth in this chapter that the acquisition is for a public purpose and is reasonably necessary is prima facie evidence of the purpose and necessity.
Formerly: Acts 1975, P.L.79, SEC.1. As amended by Acts 1980, P.L.74, SEC.47.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 1.5. State Rail Preservation Law › 8-3-1.5-9. Condemnation Procedure

Sec. 9. The procedure for any necessary condemnation proceedings is set forth in IC 32-24-1.
Formerly: Acts 1975, P.L.79, SEC.1. As amended by Acts 1980, P.L.74, SEC.48; P.L.2-2002, SEC.40.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 1.5. State Rail Preservation Law › 8-3-1.5-10. Assuring Good Title

Sec. 10. The department may take whatever steps are necessary in order to determine the absolute fee simple title ownership of all rail properties of any railroad within the State. The determination may include the status of the rail properties with respect to easements, rights-of-way, leases, reversionary rights, fee simple title ownership, and any and all related title matters. The department may retain attorneys, experts, or other assistants as is necessary to make the title determination.
Formerly: Acts 1975, P.L.79, SEC.1. As amended by Acts 1980, P.L.74, SEC.49.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 1.5. State Rail Preservation Law › 8-3-1.5-11. Sale of Rail Properties

Sec. 11. All rail properties within the State offered for sale by the railroad corporation after June 30, 1975 shall be offered for sale to the department in the first instance.
Formerly: Acts 1975, P.L.79, SEC.1. As amended by Acts 1980, P.L.74, SEC.50.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 1.5. State Rail Preservation Law › 8-3-1.5-12. Cooperation With Other States

Sec. 12. The department may cooperate with other states in connection with the purchase of any rail properties within this State. The department may also acquire trackage rights in other States and rail properties lying in other States in order to carry out the intentions and purposes of this chapter. In carrying out the authority conferred by this section, the department may enter into general contractual arrangements, including joint purchasing and leasing of rail properties, with other States.
Formerly: Acts 1975, P.L.79, SEC.1. As amended by Acts 1980, P.L.74, SEC.51.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 1.5. State Rail Preservation Law › 8-3-1.5-13. Acquisition of Property by Political Subdivisions

Sec. 13. In weighing the varied interests of the residents of this state, the department shall give consideration, as best as the situation allows, to the individual interest of any county, city, or town expressing a desire to acquire a portion, or all, of the abandoned real estate located within the jurisdiction. The department may exercise its powers under this chapter to acquire the abandoned property for subsequent conveyance to the county, city, or town.
Formerly: Acts 1975, P.L.79, SEC.1. As amended by Acts 1980, P.L.74, SEC.52.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 1.5. State Rail Preservation Law › 8-3-1.5-14. Funding

Sec. 14. The department may utilize federal funds, grants, gifts, or donations which are available, and any sums that are appropriated, in carrying out the purposes of this chapter. The department may also apply for discretionary or other funds available under the provisions of the Regional Rail Reorganization Act of 1973, or other federal programs described in IC 8-23-3-1.
Formerly: Acts 1975, P.L.79, SEC.1. As amended by Acts 1980, P.L.74, SEC.53; P.L.1-2009, SEC.66.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 1.5. State Rail Preservation Law › 8-3-1.5-15. Acquisition or Modernization Loans

Sec. 15. The department may apply for an acquisition and modernization loan, or a guarantee of a loan, pursuant to section 403 of the Regional Rail Reorganization Act of 1973, or any other federal programs, within the limit of funds appropriated for those purposes subject to IC 8-23-3-1 through IC 8-23-3-6.
Formerly: Acts 1975, P.L.79, SEC.1. As amended by Acts 1980, P.L.74, SEC.54; P.L.1-2009, SEC.67.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 1.5. State Rail Preservation Law › 8-3-1.5-16. Delinquent State Railroad Taxes; Offset Against Purchase Cost

Sec. 16. In addition to any other funds available to carry out the purposes of this chapter, there are appropriated, and the department may utilize, any delinquent state taxes from any railroad entity, and the interest due on taxes to the date of acquisition, as an offset against the purchase cost of any rail properties purchased from that railroad entity.
Formerly: Acts 1975, P.L.79, SEC.1. As amended by Acts 1980, P.L.74, SEC.55.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 1.5. State Rail Preservation Law › 8-3-1.5-17. Railroad Equipment; Acquisition

Sec. 17. The department is authorized to purchase any railroad rolling stock, equipment, and machinery necessary for the operation and maintenance of any rail properties purchased by it on behalf of the State with any funds made available for this purpose. The department may also acquire, and have available, a pool of equipment and machinery which may be utilized by the operators of the rail properties for the purpose of track maintenance, and other related railroad activities, upon terms and conditions determined by the department.
Formerly: Acts 1975, P.L.79, SEC.1. As amended by Acts 1980, P.L.74, SEC.56.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 1.5. State Rail Preservation Law › 8-3-1.5-18. Contracts for Rebuilding and Maintaining Rail Properties

Sec. 18. The department may contract for the rebuilding of any rail properties acquired pursuant to this chapter, within the provisions of the Regional Rail Reorganization Act of 1973, or any other appropriate legislation. The department may also spend any sums appropriated, as well as any other available funds, for the modernization and rebuilding of any rail properties owned by the state or by a private carrier. The department may do any maintenance on any rail properties owned by the State as is necessary in the public interest.
Formerly: Acts 1975, P.L.79, SEC.1. As amended by Acts 1980, P.L.74, SEC.57.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 1.5. State Rail Preservation Law › 8-3-1.5-19. Contracts to Maintain or Improve Rail Transportation Service

Sec. 19. The department may contract with any person, firm, corporation, agency, or governmental unit to provide, maintain, or improve rail transportation service on the rail properties acquired by the State under this chapter.
Formerly: Acts 1975, P.L.79, SEC.1. As amended by Acts 1980, P.L.74, SEC.58.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 1.5. State Rail Preservation Law › 8-3-1.5-20. Transfer of Rail Properties to Other State Departments or Agencies or Political Subdivisions; Sale of Properties

Sec. 20. Whenever the department determines that any rail properties acquired by the state are no longer needed for railroad purposes, it may permanently or temporarily transfer the rail properties to any other state department or agency, or political subdivision of the state, which shall utilize the properties for a public purpose. Whenever more than one (1) department or agency, or political subdivision, wishes to utilize the property, the department shall resolve such a conflict and make a prompt determination of the reasonable and proper order of priority, taking into consideration any applicable state plans, policies, or objectives. If no state department or agency, or political subdivision, wants the properties, the department may sell them, with the proceeds deposited in the industrial rail service fund established by IC 8-3-1.7-2. A public hearing is required prior to the transfer or sale of any rail properties by the department.
Formerly: Acts 1975, P.L.79, SEC.1. As amended by Acts 1980, P.L.74, SEC.59; P.L.95-1987, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 1.5. State Rail Preservation Law › 8-3-1.5-20.5. Commuter Rail Service Fund

Sec. 20.5. (a) A special fund to be known as the "commuter rail service fund" is established. Any amount earned on money deposited in the fund is part of the fund, and the money in the fund at the end of any fiscal year does not revert to any other fund. However, if the money in the fund at the end of any fiscal year exceeds the total amount deposited in the fund during that fiscal year and the immediately preceding fiscal year, the amount of the excess shall be transferred to the state general fund.
(b) The money in the commuter rail service fund is appropriated for distribution to commuter transportation districts. However, before money is distributed to a district under this section, the governor must approve the distribution.
(c) A district that receives money under this section may use the money only for the maintenance, improvement, and operation of commuter rail service. Money that is deposited in the fund under IC 6-1.1-8-35(c) must be used:
(1) to satisfy any annual debt service and required debt service reserves; and
(2) if funds remain after all payments under subdivision (1) are made, and subject to the terms of any debt service agreement entered into by the district, to provide state matching funds for federal transportation capital grants.
As added by Acts 1979, P.L.50, SEC.2. Amended by P.L.85-2011, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 3. Railroads Generally › Chapter 1.5. State Rail Preservation Law › 8-3-1.5-20.6. Electric Rail Service Fund

Sec. 20.6. (a) A special fund to be known as the electric rail service fund is established. The department shall administer the fund.
(b) Any amount earned on money in the fund is a part of the fund and any money remaining in the fund at the end of a fiscal year does not revert to any other fund.
(c) On or before January 31 and July 31 of every calendar year all amounts that are held in the electric rail service fund are to be distributed to those commuter transportation districts that qualify for a distribution under subsection (d).
(d) The only commuter transportation districts that may receive distributions under this section are those that have substantially all of their commuter rail transportation performed by electrically powered railroads.
(e) Commuter transportation districts that qualify for distributions under this section shall receive equal shares of each distribution made from the electric rail service fund.
(f) To make distributions to those commuter transportation districts that qualify for the distributions under subsection (d), the auditor of state shall issue warrants drawn on the electric rail service fund. The treasurer of state shall pay those warrants.
As added by Acts 1981, P.L.67, SEC.4.