Title 8, TITLE 8. UTILITIES AND TRANSPORTATION

commission Sec. 1. (a) As used in this article, "commission" refers to the Indiana utility regulatory commission. (b) After June 30, 1987, any reference to the public service commission of Indiana shall be construed as a reference to the commission. Formerly: Acts 1941, c.101, s.…

commission Sec. 10. Section 7 of this chapter shall not affect actions on or proceedings pending on June 30, 1987, brought by or against the people of the state of Indiana or the public service commission of Indiana or by any other person, firm, or corporation, under the provisio…

Sec. 11. The commission is authorized to employ such counsel or attorneys, engineers, administrative law judges, experts, clerks, accountants and other assistants as it may deem necessary, at such rates of compensation as it may determine upon, subject, however, to the approval o…

Formerly: Acts 1941, c.101, s.12. As amended by P.L.59-1984, SEC.6; P.L.23-1988, SEC.17. Repealed by P.L.99-1989, SEC.37 and P.L.3-1989, SEC.44.

Formerly: Acts 1941, c.101, s.13. As amended by P.L.59-1984, SEC.7. Repealed by P.L.4-1988, SEC.7.

Sec. 14. (a) As used in this section, "committee" refers to the interim study committee on energy, utilities, and telecommunications established by IC 2-5-1.3-4(8). (b) The chairman of the commission shall prepare an annual report and file it with the governor and the chairman of…

Sec. 15. A rule that the commission adopts under section 3(g) of this chapter that is necessary to implement a state or federal statute, rule, or regulation is void sixty-one (61) days after the expiration of that statute, rule, or regulation, unless the commission makes a writte…

upon utility's operational expenses Sec. 16. (a) As used in this section, "commission" refers to the Indiana utility regulatory commission created by section 2 of this chapter. (b) As used in this section, "governmental requirement" means a requirement imposed on a utility by a g…

Sec. 2. (a) There is created the Indiana utility regulatory commission which shall consist of five (5) members, at least one (1) of whom shall be an attorney qualified to practice law before the supreme court of Indiana and not more than three (3) of whom belong to the same polit…

investigation and hearing; bond; powers and duties Sec. 3. (a) The members of the commission shall meet and organize the commission. The commission may, subject to the approval of the governor, appoint a secretary of the commission. (b) The salaries of the members and secretary o…

Formerly: Acts 1941, c.101, s.4; Acts 1945, c.46, s.2; Acts 1959, c.370, s.1; Acts 1974, P.L.27, SEC.1. As amended by Acts 1977, P.L.98, SEC.1. Repealed by Acts 1981, P.L.104, SEC.7.

Sec. 4.1. Any expense incurred by the commission, either upon complaint against any public utility, or upon petition of any public utility shall be charged and paid in the manner provided in IC 8-1-2-70 or IC 8-1-6, whichever is appropriate under the circumstances. As added by Ac…

counselor; ex parte communications; executive sessions; violations Sec. 5. (a) The commission shall in all controversial proceedings heard by it be an impartial fact-finding body and shall make its orders in such cases upon the facts impartially found by it. The commission shall …

Formerly: Acts 1941, c.101, s.6. Repealed by Acts 1978, P.L.6, SEC.36.

commission Sec. 7. Where in any statute or rule provision is made for an appeal from, or action against, the public service commission, or an appeal from, or action against, the public service commission of Indiana, such appeals or actions may be taken from or brought against the…

Sec. 8. (a) Notwithstanding any other statute relative to the publication of notice of hearings to be held by the utility regulatory commission, publication of notice of hearings to be held by the commission shall be made only in accordance with this chapter. (b) Whenever the uti…

Sec. 9. In every case where any law to be administered by the commission created by this chapter provides that a party to a proceeding before the commission shall have a time in which to file written exceptions to a suggested order before the same may become the final order of th…

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.

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.

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.

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.

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.

Formerly: Acts 1905, c.53, s.17. As amended by P.L.62-1984, SEC.8. Repealed by P.L.50-2011, SEC.5.

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.

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.

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 inform…

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.

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; Ac…

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 recover…

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…

crossing control devices; failure to comply; cost; recreational use Sec. 21.1. (a) Upon receiving notice of intent to abandon railroad rights-of-way from any railroad company, the department shall, upon receipt, notify: (1) the county executives, county surveyors, and cities and …

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 af…

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…

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. Am…

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.

As added by P.L.84-1988, SEC.1. Repealed by P.L.82-1991, SEC.1.

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.

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.

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.

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.

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.

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.

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.

Sec. 0.3. As used in this chapter, unless the context clearly requires otherwise, "corporation" includes a foreign corporation, partnership, or limited liability company authorized to do business in Indiana. As added by P.L.146-2017, SEC.2.

Sec. 0.5. As used in this chapter, "rail carrier" has the meaning set forth in 49 U.S.C. 10102(5). As added by P.L.146-2017, SEC.3.

Sec. 0.6. As used in this chapter, "railroad" includes a rail carrier. As added by P.L.146-2017, SEC.4.

Sec. 1. (a) A railroad may incorporate under any of the following: (1) Before July 1, 2017, this chapter. (2) The Indiana Business Corporation Law (IC 23-1) (before its repeal). (3) Any other applicable statute. After June 30, 2017, a railroad may not incorporate under this chapt…

Sec. 10. The directors of such company shall have power to make by-laws for the management and disposition of stock, property and business affairs of such company not inconsistent with the laws of this state, and prescribing the duties of officers, artificers, and servants, that …

Sec. 11. Each shareholder shall be entitled to a certificate, signed by the president or a vice-president and the secretary or an assistant secretary or the treasurer or an assistant treasurer, certifying the number of shares of stock owned by him in the company; which shares sha…

Sec. 13. Every such company, before proceeding to construct a part of their road into or through any county named in its articles of association, shall make a map and profile of the route intended to be adopted by such company, which shall be certified by a majority of the direct…