Title 8, TITLE 8. UTILITIES AND TRANSPORTATION

Sec. 1. As used in this chapter, "authority" refers to the Indiana finance authority or its successor. As added by P.L.246-2005, SEC.83. Amended by P.L.1-2006, SEC.155.

Sec. 2. As used in this chapter, "federal highway revenues" means: (1) money and obligation authority apportioned or allocated, or anticipated to be apportioned or allocated in the current federal fiscal year or a future federal fiscal year, to Indiana by the United States Depart…

Sec. 3. As used in this chapter, "grant anticipation revenue bond" or "grant anticipation revenue note" means a bond or note, respectively, secured by lease rentals relating to highway improvement projects and anticipated to be paid from federal highway revenues deposited in the …

Sec. 4. As used in this chapter, "highway improvement project" means a highway project for which the department may use federal highway revenues. As added by P.L.246-2005, SEC.83.

Sec. 5. The authority may, by resolution, before July 1, 2009, issue grant anticipation revenue bonds or notes for any purpose that is authorized by IC 8-14.5-6 and for which the department may use federal highway revenues. As added by P.L.246-2005, SEC.83.

Sec. 6. (a) Before grant anticipation revenue bonds or notes may be issued under this chapter, the department shall prepare a revenue declaration that includes the department's determination that the amount of federal highway revenues received by the state in a particular state f…

Sec. 7. The term of grant anticipation revenue bonds or notes may not exceed twelve (12) years. As added by P.L.246-2005, SEC.83.

Sec. 8. All other provisions of IC 8-14.5-6 apply to the issuance of grant anticipation revenue bonds or notes under this chapter. As added by P.L.246-2005, SEC.83.

Sec. 9. Grant anticipation revenue bonds or notes: (1) constitute the corporate obligations of the authority; (2) do not constitute an indebtedness of the state within the meaning or application of any constitutional provision or limitation; and (3) are payable solely as to both …

Sec. 0.5. This chapter applies only to a toll road project or a facility project and not to a freeway project. As added by P.L.213-2015, SEC.114.

Sec. 1. (a) Notwithstanding any other statute, the authority may fix and revise the amounts of user fees that an operator may charge and collect for the use of any part of a toll road project or a facility project in accordance with the public-private agreement. (b) In fixing the…

Sec. 2. A schedule of the current user fees shall be made available by the operator to any member of the public on request. As added by P.L.47-2006, SEC.39.

Sec. 3. User fees established by the authority under this article are not subject to supervision or regulation by any other commission, board, bureau, or agency of the state, or by any political subdivision. As added by P.L.47-2006, SEC.39.

Sec. 4. (a) User fees established by the authority under section 1 of this chapter for the use of a toll road project or a facility project must be nondiscriminatory. (b) For a toll road project, the user fees may include different user fees based on categories such as vehicle cl…

Sec. 5. A public-private agreement may: (1) grant an operator a license or franchise to charge and collect tolls or user fees for the use of the toll road project or facility project; (2) authorize the operator to adjust the user fees charged and collected for the use of the toll…

Toll Road Sec. 6. (a) As used in this section, "Class 2 vehicle" means any vehicle with two (2) axles, including motorcycles. (b) If the authority enters into a public-private agreement concerning the operation of the Indiana Toll Road, the authority shall enter into a written ag…

agreement Sec. 7. (a) After expiration of a public-private agreement, the authority may: (1) continue to charge user fees for the use of the toll road project or facility project; or (2) delegate to a third party the authority to continue to collect the user fees. (b) Revenues co…

Sec. 8. (a) The authority may fix user fees under this chapter by rule under IC 4-22-2-37.1. A rule adopted under this subsection expires on the expiration date stated in the rule. (b) Any action to contest the validity of user fees fixed under this chapter may not be brought aft…

Sec. 1. A project under this article and tangible personal property used exclusively in connection with a project that are: (1) owned by the authority or the department and leased, licensed, financed, or otherwise conveyed to an operator; or (2) acquired, constructed, or otherwis…

Sec. 2. An operator or any other person purchasing tangible personal property for incorporation into or improvement of a structure or facility constituting or becoming part of the land included in a project is entitled to the exemption from gross retail tax and use tax provided u…

Sec. 3. Income received by an operator under the terms of a public-private agreement is subject to taxation in the same manner as income received by other private entities. As added by P.L.47-2006, SEC.40.

Sec. 1. (a) A public utility, except in cities of the third class, engaged in the production, transmission, delivery, or furnishing of heat, light, water, or power or for the collection, treatment, purification, and disposal in a sanitary manner of liquid and solid sewage or furn…

Formerly: Acts 1921, c.98, s.2. Repealed by P.L.59-1984, SEC.60.

Sec. 3. This chapter shall be construed as supplemental legislation and not as repealing any statutes in force on May 31, 1921. Formerly: Acts 1921, c.98, s.3. As amended by P.L.59-1984, SEC.61.

Sec. 1. Any railroad corporations, lessee or assignee or receiver, or other person or corporation, running, controlling or operating, or that may hereafter construct, build, run, control or operate, any railroad into or through this state, shall, within forty-five (45) days from …

Sec. 2. Every such conveyance, lease, release, or other contract affecting any right of way of any railroad not so recorded in forty-five (45) days, as provided for in section 1 of this chapter, shall be void as against any subsequent purchaser, lessee, or mortgagee in good faith…

Sec. 1. It shall be lawful for any railroad company in this state, organized under the general or special laws of this state, to make branches or extensions of its railroad to the boundary-line of any county in which such railroad may have a terminus, such boundary-line being als…

Sec. 1. A person operating or controlling any railroad shall equip each of its track motor cars used, during the period from thirty (30) minutes before sunset to thirty (30) minutes after sunrise, with an electric head-light of such construction and with sufficient candlepower to…

Formerly: Acts 1955, c.141, s.2. Repealed by Acts 1978, P.L.2, SEC.867.

Sec. 3. The Indiana department of transportation shall make the necessary investigations concerning compliance with this chapter, and shall cause to be filed by the proper enforcing agencies, affidavits for the enforcement of this chapter. Formerly: Acts 1955, c.141, s.3. As amen…

Sec. 1. It is a Class C infraction for a steam railroad company to permit any foreman or person having charge of sectionmen employed for the purpose of building, constructing, and repairing railroad tracks to operate with the sectionmen outside of yard limits without the foreman …

Formerly: Acts 1911, c.233, s.2. Repealed by Acts 1978, P.L.2, SEC.867.

Sec. 1. The intent of this chapter is to create a method of providing financial assistance to counties, cities, and towns (referred to as "units" in this chapter) which have serious road and street deficiencies. This chapter has the purpose of enhancing public safety and ensuring…

from motor vehicle highway account Sec. 10. The Indiana department of transportation shall make loans from the distressed road fund: (1) to any qualified county under the terms of this chapter; or (2) to any unit eligible to receive a distribution from the motor vehicle highway a…

and department; restrictions on funds Sec. 11. (a) A unit must make application for the loan to the Indiana department of transportation. The application must include, as a minimum: (1) a map depicting all roads and streets in the system of the applicant; and (2) a copy of that u…

Sec. 12. Funds in the distressed road fund may be appropriated to the Indiana department of transportation to maintain a working balance in accounts established primarily to facilitate the matching of federal and local money for highway projects. As added by P.L.113-1983, SEC.3. …

Sec. 2. There is established a distressed road fund which is to be administered by the Indiana department of transportation. The distressed road fund is a nonbudgetary, nonreverting fund. As added by Acts 1981, P.L.88, SEC.12. Amended by P.L.18-1990, SEC.113.

Sec. 3. For purposes of this chapter, "qualified county" refers to any of the following counties: (1) A county having a population of more than sixty thousand (60,000) and less than sixty-five thousand (65,000). (2) A county having a population of more than forty-three thousand f…

Sec. 4. (a) A qualified county which: (1) has adopted the county vehicle excise tax under IC 6-3.5-4 and the county wheel tax under IC 6-3.5-5; (2) is imposing the county vehicle excise tax at: (A) the maximum allowable rate, if the qualified county sets a county vehicle excise t…

Sec. 5. (a) In evaluating each applicant's needs for a loan from the distressed road fund, the Indiana department of transportation shall use criteria that are consistent with good engineering practices. The criteria used must include, at a minimum: (1) traffic counts and project…

Sec. 6. Within thirty (30) days of the date of application for a loan by a qualified county, the department of local government finance shall submit to the Indiana department of transportation a financial report which shall include the following: (1) The amount of money available…

Sec. 7. (a) The Indiana department of transportation shall notify a qualified county that makes a loan application of the department's approval or disapproval of the application within sixty (60) days of the date of application. The decision made by the department to approve or d…

Sec. 8. All amounts received by the Indiana department of transportation from a county as repayment of a loan made under this chapter, or as payment of interest on a loan made under this chapter, shall be deposited in the distressed road fund. As added by Acts 1981, P.L.88, SEC.1…

Roads and Streets Sec. 9. Notwithstanding any other law, expenditure made from the distressed roads fund are not subject to the provisions of the Geometric Design Guide for Local Roads and Streets. As added by Acts 1982, P.L.79, SEC.2.

Formerly: Acts 1957, c.97, s.1. As amended by P.L.86-1988, SEC.38. Repealed by P.L.113-1989, SEC.11.

authorities; bridge repair, reconstruction, or replacement in second class cities Sec. 2. A county having an authority established under IC 36-7-23 may pay for the repair, reconstruction, or replacement of a damaged bridge in a second class city. As added by P.L.346-1989(ss), SEC…

Sec. 1. (a) The plan commission having jurisdiction over the unincorporated area of the county, or if the unincorporated area of the county is not subject to the jurisdiction of a plan commission, the county executive, may authorize the preparation of maps depicting the county ro…

Sec. 2. (a) The plan commission or county executive shall direct the county engineer or may request the county surveyor to prepare the maps. The county surveyor or the county engineer may be compensated in addition to the salary the surveyor or engineer receives for preparation o…

Sec. 3. The maps shall be available to all units of government free of charge. The maps shall be available to the general public at a charge to be determined by the county plan commission or county executive. Money received from the sale of the maps shall be deposited in the coun…

Formerly: Acts 1932(ss), c.16, s.1. Repealed by Acts 1975, P.L.28, SEC.1.