Title 8, TITLE 8. UTILITIES AND TRANSPORTATION

public-private agreement Sec. 6. (a) Upon the termination or expiration of the public-private agreement, including a termination for default, the department may take over the qualifying project and succeed to all of the right, title, and interest in the qualifying project. The de…

Sec. 7. Any changes in the terms of the public-private agreement agreed to by the parties shall be added to the public-private agreement by written amendment. As added by P.L.47-2006, SEC.40.

Sec. 8. Notwithstanding any other provision of this article, the department may enter into a public-private agreement with multiple private entities if the department determines in writing that it is in the public interest to do so. As added by P.L.47-2006, SEC.40.

Sec. 9. The public-private agreement may provide for all or part of the development, financing, or operation of phases or segments of the qualifying project. As added by P.L.47-2006, SEC.40.

Sec. 1. (a) It is declared to be the public policy of this state that in order to maintain and foster the effective regulation of the public utilities, in the interests of the people of the state of Indiana and the public utilities as well, the public utilities subject to regulat…

Sec. 2. (a) All fees prescribed by this chapter shall be paid into the treasury of the state of Indiana through the secretary of the commission, a quietus shall be issued, and the fees shall be deposited into an account to be known as the commission public utility fund account. T…

Sec. 3. The term "public utility", as used in this chapter, shall mean and embrace every corporation, company, cooperative organization of any kind, individual, association of individuals, their lessees, trustees, or receivers appointed by any court whatsoever that on or after Ma…

Sec. 4. A public utility fee is imposed upon each public utility subject to the provisions of this chapter equal to .0015 of its gross revenue for the preceding calendar year. The commission may not bill or collect a public utility fee that is fifty dollars ($50) or less under th…

Sec. 5. On or before May 1 of each year, public utilities subject to the provisions of this chapter shall file with the commission a report of their annual gross revenue for the preceding calendar year and a statement of the amount of public utility fee due on the basis of said r…

Sec. 6. All returns submitted to the commission by a public utility as provided by this chapter shall be sworn to by an appropriate officer of the public utility. The commission may audit each such return submitted and may take such measures as are necessary to ascertain the corr…

Sec. 7. One quarter (1/4) of the annual fee imposed under section 4 of this chapter shall be paid to the commission on or before the first day of July of the year in which the fee is imposed and one quarter (1/4) on the first day of each of the months of October, January, and Apr…

Sec. 8. Each installment or required payment of the fee imposed by section 4 of this chapter becomes delinquent at midnight of the last day for payment thereof as provided in section 7 of this chapter. If a public utility has failed to pay, or has underpaid, the proper amount of …

Sec. 9. All sums collected by the commission under the provisions of this chapter shall be paid not less than fifteen (15) days after receipt of the same, accompanied by a detailed statement thereof to the treasurer of the state of Indiana and deposited into the public utility fu…

Sec. 1. When any freight or any baggage of passengers has been conveyed by a common carrier to any point in this state and shall remain unclaimed for the space of three (3) months at the place to which it is consigned or checked, and the owner, whether known or unknown, fails, wi…

Sec. 2. Sixty (60) days' notice of the time and place of sale and a descriptive list of the articles to be sold, with the names, numbers, or other marks found thereon, shall be posted up in three (3) public places of the county where the sale is to be made and one (1) on the door…

Sec. 3. The carrier shall keep a copy of the notice, a copy of the sale-bill, and the expenses thereof proportioned to each article sold, and also the oath of the claimant of the residue of the proceeds as aforesaid; and shall furnish an inspection of the same, and, if required, …

Sec. 4. If any perishable property or live stock shall be so conveyed, either as freight or baggage as aforesaid, and remain unclaimed until in danger of great depreciation, or such live stock be falling away because the carrier has not facilities to feed and water the same, then…

Sec. 1. Railroad companies desiring so to do may change their name by resolution of their boards of directors duly entered upon their records, and, in so doing, may adopt such name as may be agreed upon by the board. Formerly: Acts 1853, c.83, s.1. As amended by P.L.3-1989, SEC.6…

Sec. 2. It shall be the duty of said board to cause a copy of the resolutions changing the name of their road as above provided, to be recorded in the office of the recorder of the several counties through which the road may run, and also to give notice thereof by publication in …

Sec. 3. The change of name as provided in this chapter shall not be construed to deprive any company of any of the powers and franchises granted to it by the original incorporation statute or amendments thereto; nor shall anything in this chapter be so construed as to prevent any…

Sec. 1. It is a Class C infraction for a person, or the lessee or receiver of any person, who owns or operates any line of steam or interurban railroad to run trains without installing and maintaining, at each grade crossing of its railroad with any public highway, railroad cross…

Formerly: Acts 1911, c.224, s.2. Repealed by Acts 1978, P.L.2, SEC.867.

Sec. 1. It is a Class C infraction for a railroad company to allow any person to fill the position of an engineer, fireman, conductor, baggagemaster, brakeman, or flagman unless regularly employed as such. This section does not prevent any railroad company using any person in cas…

Formerly: Acts 1913, c.232, s.2. Repealed by Acts 1978, P.L.2, SEC.867.

Sec. 3. The Indiana department of transportation shall enforce this chapter. Formerly: Acts 1913, c.232, s.3. As amended by P.L.62-1984, SEC.133; P.L.384-1987(ss), SEC.92; P.L.18-1990, SEC.101.

Sec. 1. Where, by virtue of the provisions of any law of this state, any designated portion of the gasoline tax collected by the state shall have been distributed to the several cities of the state to be used for the maintenance and repair of the streets of such cities, such fund…

Sec. 1. As used in this chapter, "municipal utility" refers to a municipally owned: (1) water utility; (2) wastewater utility; or (3) combined water and wastewater utility; regardless of whether the municipal utility is under the jurisdiction of the commission for the approval of…

Sec. 10. (a) This section applies to a dispute, other than a dispute described in section 7, 8, or 9 of this chapter, that: (1) arises between two (2) or more utilities as to which utility will provide utility service in a regulated territory; and (2) is not the subject of an act…

ordinance Sec. 11. This section applies to a municipality that: (1) after December 31, 2012, adopts a regulatory ordinance that establishes a service territory that is smaller than the regulated territory; and (2) either: (A) amends the ordinance described in subdivision (1); or …

Sec. 12. An order issued by the commission under this chapter is a final order for purposes of IC 8-1-3 and is enforceable in court. As added by P.L.213-2014, SEC.7.

Sec. 13. A petition filed under this chapter is not subject to the following: (1) IC 8-1.5-3. (2) IC 36-9-23. (3) IC 36-9-25. As added by P.L.213-2014, SEC.7.

Sec. 2. As used in this chapter, "regulated territory" means the area outside the corporate boundaries of a municipality described in: (1) IC 36-9-2-18; or (2) IC 36-9-23-36. As added by P.L.213-2014, SEC.7. Amended by P.L.277-2019, SEC.1.

Sec. 3. As used in this chapter, "regulatory ordinance" means an ordinance adopted by a municipality that: (1) asserts the exclusive authority of a municipal utility to provide service within a regulated territory; or (2) prohibits another utility from providing utility service i…

Sec. 4. As used in this chapter, "utility" means a utility that provides: (1) water service; (2) wastewater service; or (3) combined water and wastewater service; regardless of whether the utility is under the jurisdiction of the commission for the approval of rates and charges. …

Sec. 5. As used in this chapter, "wholesale sewage petition" refers to a petition filed under IC 8-1-2-61.7 for review of rates and charges for wholesale sewage service. As added by P.L.213-2014, SEC.7. IC 8-1.5-6-6 Jurisdiction of commission Sec. 6. Notwithstanding any other pro…

Sec. 7. (a) This section applies if: (1) a municipality adopts a regulatory ordinance before January 1, 2013; (2) a dispute arises or exists between a utility owned by the municipality and another utility as to which utility provides service to customers that connected to service…

utility has filed a wholesale sewage petition Sec. 8. (a) This section applies if: (1) a municipality adopts a regulatory ordinance after December 31, 2012; and (2) a utility owned by the municipality files a wholesale sewage petition. (b) A municipality may not enforce a regulat…

sewage petition Sec. 9. (a) This section applies if: (1) a municipality adopts a regulatory ordinance after December 31, 2012; and (2) a utility owned by the municipality does not, or is not eligible to, file a wholesale sewage petition. (b) A municipality may not enforce a regul…

structures Sec. 1. (a) The department shall select the route of highways in the system of highways under its control through cities and towns, and may change the routes as the department determines most convenient for public travel. (b) Notwithstanding subsection (a) and in or ne…

Sec. 2. If the construction of a street necessitates the construction of adequate connecting facilities outside the limits of the street to provide for drainage of the street, the necessary mains, laterals, and connections shall be provided for in the plans, included as part of t…

Sec. 4. Whenever: (1) the department designates a business route or a special route as an alternate to a state highway; (2) the route is laid out through a city or town; and (3) no other state highway is routed over the business or alternate route; the city or town is responsible…

municipalities Sec. 5. This chapter does not annul, limit, or abridge the right of a city or town, either at its own expense or at the expense of property owners subject to assessment, to improve the sidewalks and curbs along a street forming the route of a state highway, to cons…

violations Sec. 6. (a) An opening may not be made in: (1) a highway in the state highway system; (2) the right-of-way of a state highway; or (3) the roadway of a street of a city or town over which a state highway is routed and which the department is required to maintain; and a …

Sec. 1. This chapter applies to a township located in an eligible county. As added by P.L.153-2014, SEC.17.

required to impose taxes on taxpayers residing in a township that opts in to a public transportation project Sec. 10. (a) If the voters of a township described in section 2(a)(2)(A)(i) or 2(a)(2)(B)(i) of this chapter approve a local public question under this chapter, the fiscal…

As added by P.L.153-2014, SEC.17. Repealed by P.L.197-2016, SEC.99.

who reside in the township that opts in Sec. 12. A tax rate imposed under this chapter applies only to the local taxpayers who reside in a township in which the voters approve a local public question held under this chapter. As added by P.L.153-2014, SEC.17. Amended by P.L.197-20…

Sec. 13. IC 8-25-3-6 applies to a public transportation project authorized under this chapter in a township. As added by P.L.153-2014, SEC.17.

taxpayers who reside in the township that opts in Sec. 14. Bonds issued with respect to a public transportation project in the township must be paid from tax revenue collected from local taxpayers who reside in the township. As added by P.L.153-2014, SEC.17. Amended by P.L.197-20…

Sec. 15. IC 36-9-2-2(b) and IC 36-9-2-2(c) apply to a public transportation project authorized under this chapter in a township. As added by P.L.153-2014, SEC.17.