Title 8, TITLE 8. UTILITIES AND TRANSPORTATION
337 chapters · 3,744 sections in this title.
Ind. Code § 8-1-13-1 Short title
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Sec. 1. This chapter may be known and referred to as the "rural electric membership corporation act". Formerly: Acts 1935, c.175, s.1. As amended by P.L.59-1984, SEC.65.
Ind. Code § 8-1-13-10 Powers of corporation
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Sec. 10. Each corporation formed under this chapter is hereby vested with all powers necessary or requisite for the accomplishment of its corporate purpose and capable of being delegated by the general assembly of the state of Indiana, and no enumeration of particular powers here…
Ind. Code § 8-1-13-11 Enumerated powers of corporation
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Sec. 11. A corporation created under this chapter may do any and all acts or things necessary or convenient for carrying out the purpose for which it was formed, including the following powers: (1) To sue and be sued. (2) To have a seal and alter the same at pleasure. (3) To acqu…
Ind. Code § 8-1-13-12 Sale, encumbrance, or other disposition of property
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Sec. 12. (a) No corporation may sell, lease, or otherwise dispose of all, or substantially all, the property of the corporation unless (1) the same shall be authorized by a resolution duly adopted at a meeting of its members duly called and held as provided in section 8 of this c…
Ind. Code § 8-1-13-13 Obligations in anticipation of revenue; authority to issue
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Sec. 13. (a) Subject to the approval of the commission, a corporation formed under this chapter may, from time to time, issue its obligations in anticipation of its revenues for any corporate purpose. (b) Those obligations may be authorized by resolution of the board and may bear…
Ind. Code § 8-1-13-14 Obligations; covenants or agreements
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Sec. 14. In connection with the issuance of any obligations, a corporation may make such covenants or agreements and do any and all such acts and things as may be necessary or convenient or desirable in order to secure its obligations or which, in the absolute discretion of the b…
Ind. Code § 8-1-13-15 Purchase; own obligations
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Sec. 15. A corporation may, out of any funds available for that purpose, purchase any obligations issued by it at a price determined by resolution of the board together with accrued interest on the obligations. All obligations purchased in that manner shall be cancelled. Formerly…
Ind. Code § 8-1-13-16 Consolidation or merger; mutual benefit corporations
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Sec. 16. (a) Any corporation created under the provisions of this chapter may enter into an agreement for the consolidation or merger of such a corporation with: (1) any other corporation organized under this chapter; or (2) any mutual benefit corporation that was organized befor…
Ind. Code § 8-1-13-17 Services, facilities, and charges; sinking fund; REA borrowers
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Sec. 17. (a) A corporation shall furnish reasonably adequate services and facilities. The charge made by any corporation for any service rendered or to be rendered, either directly or in connection therewith, shall be nondiscriminatory, reasonable, and just, and every discriminat…
Ind. Code § 8-1-13-18 Rates and charges; jurisdiction and powers of commission
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Sec. 18. A corporation is subject to the jurisdiction of the commission for the purpose of fixing rates to be charged to members of the corporation for energy, and for the purpose of service area assignments under IC 8-1-2.3. Formerly: Acts 1935, c.175, s.18; Acts 1937, c.258, s.…
Ind. Code § 8-1-13-18.5 Withdrawal from jurisdiction of commission
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Sec. 18.5. (a) Except as provided in subsection (i), a corporation organized under this chapter or a corporation organized under IC 23-17 whose membership includes one (1) or more corporations organized under this chapter may withdraw from the jurisdiction of the commission. A co…
Ind. Code § 8-1-13-19 Repealed
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Formerly: Acts 1935, c.175, s.18a; Acts 1953, c.48, s.2. Repealed by Acts 1980, P.L.69, SEC.5.
Ind. Code § 8-1-13-2 Incorporation; purpose
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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 corporation not organized for pecuniary profit for the purpose of promoting and encouraging the fullest possible u…
Ind. Code § 8-1-13-20 Repealed
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Formerly: Acts 1935, c.175, s.18b; Acts 1969, c.261, s.1. Repealed by Acts 1980, P.L.69, SEC.5.
Ind. Code § 8-1-13-21 Dissolution of corporation
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Sec. 21. Any corporation created under this chapter may be dissolved by filing in the office of the secretary of state articles of dissolution which shall be entitled and indorsed "Articles of dissolution of ____________" (the blank space being filled in with the name of the corp…
Ind. Code § 8-1-13-22 Articles of incorporation; amendment; change of name; change
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of territory Sec. 22. (a) A corporation created under this chapter may amend its articles of incorporation to change its corporate name, to increase or reduce the number of its directors or change any other provisions of the articles of incorporation. However, no corporation shal…
Ind. Code § 8-1-13-23 Classification of corporations; general district corporation and
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local district corporation distinguished Sec. 23. Any corporation to be formed under this chapter shall be either a general district corporation or a local district corporation. (a) A general district corporation is a corporation formed under this chapter for the purpose of furni…
Ind. Code § 8-1-13-24 Commission decisions or orders; appeal
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Sec. 24. Any person or legal entity adversely affected by any final decision, ruling, or order of the commission made pursuant to this chapter may appeal that decision, ruling, or order under the same appeal procedures as in IC 8-1-3. Formerly: Acts 1935, c.175, s.22. As amended …
Ind. Code § 8-1-13-25 Construction of chapter
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Sec. 25. This chapter is to be liberally construed, and the enumeration of any object, purpose, power, manner, method, or thing shall not be deemed to exclude like or similar objects, purposes, powers, manners, methods, or things. Formerly: Acts 1935, c.175, s.23. As amended by P…
Ind. Code § 8-1-13-26 Foreign corporation; admittance to do business within state;
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finding of convenience and necessity Sec. 26. Any foreign corporation organized as a nonprofit corporation for the purpose of making electric energy available to the inhabitants of rural areas may be admitted to do business within this state and shall have the same powers, restri…
Ind. Code § 8-1-13-27 Liability of members and directors
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Sec. 27. (a) No member of any corporation shall be liable or responsible for its debts or liabilities. (b) A director of a distribution cooperative corporation or a director of a power supplier whose members are corporations as defined in this chapter is not personally liable whi…
Ind. Code § 8-1-13-28 Rules; customer relations; adoption; complaints; procedures
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Sec. 28. (a) The commission shall adopt rules to govern the relations between corporations and any or all classes of their customers. Those rules shall cover the following subjects: (1) Extension of service. (2) Extension of credit. (3) Deposits, including interest. (4) Billing p…
Ind. Code § 8-1-13-29 Rates, tolls, and charges; schedules; filing; approval
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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 …
Ind. Code § 8-1-13-3 Definitions
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Sec. 3. The following terms whenever used or referred to in this chapter have the following meanings, unless a different meaning clearly appears from the context: (a) "Corporation" means a corporation formed under this chapter. (b) "Municipality" means any county, city, or town o…
Ind. Code § 8-1-13-30 Changes in schedules of rates, tolls, and charges; requests for
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increases; approval; factors considered; required procedures Sec. 30. (a) No change shall be made in any schedule, including schedules of joint rates, except upon thirty (30) days notice to the commission, and approval by the commission, and all changes shall be plainly indicated…
Ind. Code § 8-1-13-31 Production of corporate books, accounts, papers, or records;
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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 co…
Ind. Code § 8-1-13-32 Investigations; agents; powers; recommendations
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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…
Ind. Code § 8-1-13-33 Uniform accounts; requisites
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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 es…
Ind. Code § 8-1-13-34 Furnishing of information; requirement
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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.
Ind. Code § 8-1-13-35 Blank forms received; verification; delivery of documents,
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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…
Ind. Code § 8-1-13-36 Complaints against corporation; discriminatory rates or
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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, lim…
Ind. Code § 8-1-13-37 Investigation by commission on its own motion; rates, service,
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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 b…
Ind. Code § 8-1-13-38 Complaints by corporation affecting its own rates or service;
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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 i…
Ind. Code § 8-1-13-39 Distribution cooperatives with less than 5,000 customers; rate
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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 co…
Ind. Code § 8-1-13-4 Articles of incorporation
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Sec. 4. (a) The articles of incorporation shall be entitled and endorsed either "Articles of Incorporation of _______ Rural Electric Membership Corporation" or Articles of Incorporation of _____________ Rural Electric Cooperative, Inc." (the blank space being filled in with the d…
Ind. Code § 8-1-13-40 Subpoena power of commissioners and authorized agents;
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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 p…
Ind. Code § 8-1-13-41 Violations of chapter; findings; just and reasonable orders to
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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…
Ind. Code § 8-1-13-42 Rules; adoption; prior rules validated
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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.
Ind. Code § 8-1-13-43 Maximum borrowing and expenditures for economic
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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 developm…
Ind. Code § 8-1-13-5 Articles of incorporation; action by commission
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Sec. 5. (a) The natural persons executing the articles of incorporation shall be residents of the territory in which the operations of the corporation are to be conducted who are desirous of using electric energy to be furnished by the corporation. The articles of incorporation s…
Ind. Code § 8-1-13-6 Board of directors
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Sec. 6. (a) Each corporation formed under this chapter shall have a board of directors that constitutes the governing body of the corporation. The directors must be members, or if the corporation's bylaws so provide, a member's officers, directors, or partners, or the owner of a …
Ind. Code § 8-1-13-7 Board of directors; powers and duties
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Sec. 7. The board shall have power to do all things necessary or convenient in conducting the business of the 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 corporation not i…
Ind. Code § 8-1-13-8 Membership certificates; meetings of members
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Sec. 8. (a) A corporation may issue to its members certificates of membership and each member shall be entitled to only one (1) vote at any regular or special meeting of the corporation. (b) Meetings of members may be held at such place as may be provided in the by-laws. An annua…
Ind. Code § 8-1-13-9 Conditions of membership; restrictions to providing services
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Sec. 9. (a) The corporate purpose of each corporation formed under this chapter shall be to render services to or for the benefit of its members. (b) A person may not become or remain a member of any local district corporation (as defined in section 23 of this chapter) unless suc…
Ind. Code § 8-3-13-1 Authority to build and operate
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Sec. 1. Any railroad company organized under the laws of this state is hereby authorized to build and operate, in addition to the main line authorized by its charter or articles of association, branch railroads from any point or points on its main line, to or through any adjacent…
Ind. Code § 8-3-13-2 Construction and maintenance; charter powers
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Sec. 2. The powers of the charter of any railroad company constructing such branch in relation to the entering upon and taking possession of and acquiring title to any ground and materials necessary in the construction and maintenance of such road, shall be, and the same are here…
Ind. Code § 8-4-13-1 Authority for dissolution
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Sec. 1. Any corporation organized before or after May 22, 1933, under Indiana statutes for the purpose of construction, owning, maintaining, and/or operating a railroad, other than a street railroad or an interurban railroad, may voluntarily dissolve under and pursuant to the pro…
Ind. Code § 8-4-13-2 Consent of shareholders; certificate of dissolution
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Sec. 2. If the holders of record of all the outstanding shares of the capital stock of a corporation organized under the laws of this state for the purpose of constructing, owning, maintaining and/or operating a railroad other than a street railroad or an interurban railroad, con…
Ind. Code § 8-4-13-3 Filing certificate; entry by secretary of state
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Sec. 3. Upon the filing of any such certificate together with an affidavit of one (1) of the principal officers of said corporation containing a statement that said corporation has lawfully disposed of all of its property and that all debts, obligations and liabilities of the cor…
Ind. Code § 8-4-13-4 Notice; publication
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Sec. 4. The directors of such dissolved corporation shall forthwith cause a notice of such dissolution to be published once a week on the same day of each week for two (2) successive weeks in a newspaper published in and of general circulation in the county in which the principal…