Title 8, TITLE 8. UTILITIES AND TRANSPORTATION

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.

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 p…

corporation distinguished Sec. 11. Any cooperative corporation to be formed under this chapter shall be either a general cooperative corporation or a local cooperative corporation. (a) A general cooperative corporation is one formed under this chapter for the purpose of furnishin…

Sec. 12. Each cooperative corporation is 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 granted by this chapter s…

Sec. 13. A cooperative corporation may do any and all acts or things necessary or convenient for carrying out the purpose for which it was formed, including the following: (1) To sue and be sued. (2) To have a seal and alter the same at pleasure. (3) To acquire, hold, and dispose…

Sec. 14. A local cooperative corporation may not sell, lease, exchange, mortgage, pledge, or otherwise sell all, or substantially all, of its property unless the transaction is authorized by a resolution duly adopted at a meeting of the corporation's members duly called and held …

Sec. 15. (a) A cooperative corporation shall have power and is hereby authorized, from time to time, to issue its obligations for any corporate purpose. The obligations may be authorized by resolution or resolutions of the board, and may bear such date or dates, mature at such ti…

Sec. 16. In connection with the issuance of any obligations, a cooperative corporation may make such covenants or agreements and do any and all such acts and things as may be necessary, convenient or desirable in order to secure its obligations or which, in the absolute discretio…

Sec. 17. A cooperative corporation shall have power out of any funds available therefor to purchase any obligations issued by it at a price not exceeding the principal amount thereof and accrued interest thereon. All obligations so purchased shall be canceled. Formerly: Acts 1951…

Formerly: Acts 1951, c.193, s.18. As amended by P.L.59-1984, SEC.79; P.L.2-2006, SEC.46; P.L.1-2007, SEC.73. Repealed by P.L.3-2008, SEC.269.

As added by P.L.3-2008, SEC.71. Repealed by P.L.1-2010, SEC.156.

Sec. 18.2. (a) Any two (2) or more cooperative corporations created under this chapter and operating or authorized to operate in contiguous territory may enter into an agreement for the consolidation of the cooperative corporations, which agreement shall be submitted for the revi…

and obligations Sec. 19. (a) In case of a consolidation, the existence of the consolidating cooperative corporations shall cease and the articles of consolidation are considered the articles of incorporation of the new cooperative corporation. (b) All rights, privileges, immuniti…

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 …

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 requ…

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 u…

borrowers; rates sufficient to repay financial assistance Sec. 20. (a) A local cooperative corporation shall be required to furnish reasonably adequate communications services and facilities. The charge made by any local cooperative corporation for any service rendered or to be r…

Formerly: Acts 1951, c.193, s.21; Acts 1955, c.89, s.1. As amended by P.L.59-1984, SEC.81; P.L.97-1993, SEC.10. Repealed by P.L.27-2006, SEC.62.

Formerly: Acts 1951, c.193, s.22. As amended by P.L.59-1984, SEC.82; P.L.97-1993, SEC.11. Repealed by P.L.27-2006, SEC.62.

As added by P.L.103-1983, SEC.4. Amended by P.L.122-1987, SEC.2; P.L.78-1997, SEC.3. Repealed by P.L.27-2006, SEC.62.

served; commission review; notice to facilities based local exchange carriers; issuance of new or amended certificate of territorial authority; request for additional information; filing of amended articles Sec. 23. (a) A cooperative corporation may amend its articles of incorpor…

Sec. 24. A cooperative corporation formed under this chapter may change the location of its principal office by filing in the office of the secretary of state a certificate reciting the change of principal office and setting forth the resolution by its board of directors authoriz…

relinquishment of certificate of territorial authority; disposition of assets Sec. 25. (a) Any cooperative corporation may dissolve by filing in the office of the secretary of state articles of dissolution entitled and endorsed "Articles of Dissolution of __________" (the blank s…

territorial authority; review by commission; admission to do business in Indiana Sec. 26. (a) Any foreign corporation organized as a nonprofit corporation for the purpose of making communications service available to the inhabitants of rural areas may be admitted to do business i…

Sec. 27. The provisions of IC 23-17 and all rights and powers under IC 23-17 shall apply to cooperative corporations organized under this chapter, except where such provisions are in conflict or inconsistent with the express provisions of this chapter. Formerly: Acts 1951, c.193,…

Sec. 28. 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 1951, c.193, s.29. As amended by P…

Sec. 29. No member of any cooperative corporation shall be liable or responsible for its debts or liabilities. Formerly: Acts 1951, c.193, s.31.

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" me…

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 i…

commission review; notice to facilities based local exchange carriers; issuance of certificate; request for additional information; filing with secretary of state; status as body corporate Sec. 5. (a) The individuals executing the articles of incorporation of a local cooperative …

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.

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'…

quorum; votes required for action; elections Sec. 9. (a) A cooperative corporation may issue to its members certificates of membership and each member shall be entitled to only one (1) vote on each question or election at any regular or special meetings of the cooperative corpora…

Sec. 1. No person, company, or corporation shall be permitted to keep, have or maintain any public ferry across any lake, river, or stream running through or bounding any city or town in this state, from the city or town to any points without the limits of this state, without fir…

Sec. 2. The legislative body shall not grant a license to the applicant until satisfactory evidence is produced showing that the application has been on file in the office of the city or town clerk for not less than fourteen (14) days and that notice of the filing of the applicat…

Sec. 3. The legislative body upon being satisfied that the notice required under section 2 of this chapter has been given, and that a ferry is needed at the place, and that the applicant is a suitable person, may grant to the applicant a license to keep and maintain the same for …

Sec. 4. Before the license is granted, the applicant shall enter into a recognizance to the city or town, in a penal sum to be fixed by the legislative body, not less than five hundred dollars ($500) nor more than two thousand dollars ($2,000), with sufficient surety, conditioned…

Sec. 5. The rates of ferriage, reasonable rules for operation, and the schedule upon which the ferry shall be operated shall be fixed by the legislative body at the time of licensing the ferry, and from time to time thereafter as the body shall think proper. A list of rates, rule…

Sec. 6. If any ferry is not faithfully maintained and operated according to the terms of the recognizance provided for in section 4 of this chapter, the legislative body on complaint to them shall cause the proprietor of the ferry to be summoned before the legislative body to sho…

Sec. 7. A person licensed to keep and maintain a ferry under this chapter who does any act in violation of the conditions of his license commits a Class C infraction. Formerly: Acts 1921, c.137, s.7; Acts 1959, c.235, s.7. As amended by Acts 1978, P.L.2, SEC.817.

Sec. 8. A person who keeps, maintains, or runs a ferry without being licensed or authorized according to this chapter commits a Class C infraction. Formerly: Acts 1921, c.137, s.8. As amended by Acts 1978, P.L.2, SEC.818.

Sec. 1. Upon the application in writing of a company owning, leasing, using, or operating a railroad in Indiana accompanied by the statements of three (3) reputable Indiana citizens testifying to the moral character of the applicant, the Indiana department of transportation shall…

Formerly: Acts 1927, c.18, s.10. Repealed by Acts 1975, P.L.80, SEC.7.

Sec. 11. Acts 1975, P.L.80 does not affect the validity of a railroad policeman's commission in existence on January 1, 1976. As added by P.L.1-1989, SEC.16.

Sec. 2. (a) Every policeman appointed under this chapter shall, before entering upon the duties of office, take and subscribe an oath of office, which shall be endorsed upon the officer's commission, and the commission, with the oath, shall be recorded in the office of the clerk …

Sec. 3. Such policemen shall enforce and compel obedience to the laws of this state and to the ordinances of the cities and towns thereof, when engaged in the discharge of their duties as policemen for such company, and the keepers of jails, lock-ups and station-houses, in any co…

Sec. 3.5. (a) All railroad police commissioned under this chapter shall, within one (1) year of their commissioning, successfully complete all educational and training requirements established by rule of the Indiana department of transportation. (b) Any newly commissioned railroa…

Sec. 4. Every policeman so appointed and commissioned shall, when on duty, as herein provided, wear a metallic badge, with the word "Police" and the name of the railroad company for which he is appointed, inscribed thereon, and he shall exhibit such badge, on demand, and before m…

Sec. 5. The compensation for such policemen shall be paid by the company for which they are respectively appointed. Formerly: Acts 1927, c.18, s.5.

Sec. 6. Every policeman appointed and commissioned shall, before entering upon the discharge of the policeman's duties, give a surety bond of five thousand dollars ($5,000), conditioned upon the faithful performance of the policeman's duties. All the bonds shall be filed with and…