Title 8, TITLE 8. UTILITIES AND TRANSPORTATION
337 chapters · 3,744 sections in this title.
Ind. Code § 8-1-2.8-1 "ADA"
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Sec. 1. As used in this chapter, "ADA" refers to the federal Americans with Disabilities Act of 1990 (47 U.S.C. 225). As added by P.L.75-1991, SEC.1.
Ind. Code § 8-1-2.8-10 Findings and declarations
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Sec. 10. The general assembly finds and declares the following: (1) That it is in the public interest of the state to promptly provide deaf, hard of hearing, or speech impaired persons with access to telecommunications services that are functionally equivalent to those provided t…
Ind. Code § 8-1-2.8-11 Residential and business lines; surcharge
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Sec. 11. Beginning on June 1, 1991, the commission shall require each LEC to impose a monthly surcharge in the amount of five cents ($0.05) on each residential and business line (or line equivalent) of its customers to fund and recover costs for developing and providing dual part…
Ind. Code § 8-1-2.8-12 Adjustment of surcharge
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Sec. 12. (a) The InTRAC may periodically apply to the commission for an adjustment in the amount of the monthly surcharge that a LEC must impose on its customers under this chapter. Before applying to the commission for such an adjustment, the InTRAC must do the following: (1) Em…
Ind. Code § 8-1-2.8-13 Approval of surcharge adjustment
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Sec. 13. Unless the commission disapproves an application by the InTRAC for a surcharge adjustment within ninety (90) days of the application, the commission shall approve the adjustment, and the LEC may charge and collect an adjusted surcharge. However, the commission may not ap…
Ind. Code § 8-1-2.8-15 Accounting and recovery of costs
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Sec. 15. All costs incurred by a LEC as a result of its compliance with the ADA requirements to provide services to deaf, hard of hearing, and speech impaired persons shall be accounted for separately and recovered as required by the ADA and the FCC. As added by P.L.75-1991, SEC.…
Ind. Code § 8-1-2.8-16 Exemption from taxes and fees
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Sec. 16. The amount of money collected by a LEC in surcharges under this chapter is exempt from all state income taxes and all fees imposed under IC 8-1-6. As added by P.L.75-1991, SEC.1.
Ind. Code § 8-1-2.8-17 Payments of surcharge
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Sec. 17. A LEC that collects a surcharge under this chapter shall pay the amount collected for the surcharge on the terms and in the manner determined under section 21(2) of this chapter to a not-for-profit corporation formed under IC 23-7-1.1 (before its repeal on August 1, 1991…
Ind. Code § 8-1-2.8-18 Articles of incorporation
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Sec. 18. The articles of incorporation of the InTRAC must provide the following: (1) The name of the corporation shall be "Indiana Telephone Relay Access Corporation for the Hearing and Speech Impaired". (2) The sole purpose for which the InTRAC shall be organized and operated is…
Ind. Code § 8-1-2.8-19 Articles of incorporation; additional provisions
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Sec. 19. The articles of incorporation of the InTRAC may contain provisions in addition to those specified in section 18 of this chapter that: (1) the members of the InTRAC provide in accordance with IC 23-7-1.1 (before its repeal on August 1, 1991) or IC 23-17; and (2) do not vi…
Ind. Code § 8-1-2.8-2 "Commission"
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Sec. 2. As used in this chapter, "commission" refers to the Indiana utility regulatory commission. As added by P.L.75-1991, SEC.1.
Ind. Code § 8-1-2.8-20 Actions in pursuit of purposes
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Sec. 20. (a) In pursuit of its purpose, the InTRAC may do the following: (1) Perform audits and tests of the accounts of a LEC to verify the amounts described in section 12 of this chapter. (2) Provide by contract dual party relay services to communications service providers oper…
Ind. Code § 8-1-2.8-21 Duties of InTRAC
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Sec. 21. The InTRAC shall do the following: (1) Establish, implement, and administer, in whole or in part, a statewide dual party relay service system. Any contract for the supply or operation of a dual party relay service system or for the supply of telecommunications devices sh…
Ind. Code § 8-1-2.8-22 Use of InTRAC services by nonmembers
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Sec. 22. If: (1) a communications service provider that is not a member of InTRAC originates, carries, or terminates, in whole or in part, any telecommunication message that uses the InTRAC's dual party relay services; and (2) refuses to: (A) enter into a contract with the InTRAC…
Ind. Code § 8-1-2.8-23 Exemption of InTRAC from commission jurisdiction; affiliated
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interests Sec. 23. (a) If the InTRAC meets the requirements of sections 18 and 21 of this chapter, the InTRAC: (1) is not a public utility; (2) is not a telephone company or a communications service provider; and (3) is free from the jurisdiction and oversight of the commission e…
Ind. Code § 8-1-2.8-24 Charitable purposes; exemptions
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Sec. 24. If the InTRAC meets the requirements of sections 18 and 21 of this chapter, the InTRAC: (1) for purposes of all taxes imposed by the state or any county or municipality in Indiana is an organization that is organized and operated exclusively for charitable purposes; and …
Ind. Code § 8-1-2.8-25 Immunity from civil liability
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Sec. 25. The following are not liable in any civil action for any injuries or loss to persons or property incurred by any person as a result of any act or omission of any person or entity listed in subdivisions (1) through (3) in connection with the development, adoption, impleme…
Ind. Code § 8-1-2.8-3 "Dual party relay services"
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Sec. 3. (a) As used in this chapter, "dual party relay services" means telecommunications transmission services that provide the ability for a person who has a hearing impairment or speech impairment to engage in communication with a hearing person in a manner that is functionall…
Ind. Code § 8-1-2.8-4 "FCC"
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Sec. 4. As used in this chapter, "FCC" refers to the Federal Communications Commission. As added by P.L.75-1991, SEC.1.
Ind. Code § 8-1-2.8-5 "Deaf, hard of hearing, or speech impaired person"
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Sec. 5. As used in this chapter, "deaf, hard of hearing, or speech impaired person" means a person who is so certified by a licensed physician, an otolaryngologist, a speech language pathologist, an audiologist, or a qualified state agency. As added by P.L.75-1991, SEC.1. Amended…
Ind. Code § 8-1-2.8-6 "Indiana Telephone Relay Access Corporation for the Hearing
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and Speech Impaired" Sec. 6. As used in this chapter, "Indiana Telephone Relay Access Corporation for the Hearing and Speech Impaired" or "InTRAC" means a corporation formed under IC 23-7-1.1 (before its repeal on August 1, 1991) or IC 23-17 that meets the requirements of section…
Ind. Code § 8-1-2.8-7 "Local exchange access service"
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Sec. 7. As used in this chapter, "local exchange access service" means telephone exchange access lines or channels that provide local access to the local telecommunications network to effect the transfer of information. As added by P.L.75-1991, SEC.1.
Ind. Code § 8-1-2.8-8 "Local exchange company"
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Sec. 8. As used in this chapter, "local exchange company" or "LEC" refers to any communications service provider (as defined in IC 8-1-2.6-13(b)) that: (1) has a certificate of territorial authority on file with the commission; and (2) is required to provide dual party relay serv…
Ind. Code § 8-1-2.8-9 "Telephone company"
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Sec. 9. As used in this chapter, "telephone company" means: (1) any natural person, firm, association, corporation, or partnership, owning, leasing, or operating any lines, facilities, or systems used in the furnishing of telephone service; and (2) any common carrier or carrier a…