Title 8, UTILITIES AND TRANSPORTATION

Sec. 3.1. (a) As used in this section, "structure" does not mean a tower that is principally used for the attachment of radio communications transmission or reception equipment if the tower and its location: (1) comply with all Federal Aviation Administration regulations; (2) com…

Sec. 4. Application for a permit shall be made on forms prescribed and furnished by the department or by filing a copy of the Federal Aviation Administration's Form 7460-1, Notice of Proposed Construction or Alteration, with the department. As added by P.L.117-1983, SEC.1.

Sec. 5. In any instance where the department learns or has reasonable grounds to believe that any person is erecting or adding to a structure that would be subject to this chapter, but concerning which no application for a permit has been filed, the department may on its own moti…

Sec. 6. (a) Upon receiving an application for a permit, the department shall make such investigation as may be necessary to properly process the application under this chapter. The investigation shall be conducted so as to determine, in the opinion of the department, if the propo…

Sec. 7. (a) This section applies to: (1) an existing public use airport; and (2) a public use heliport. (b) If any of the obstruction standards set forth in this subsection are exceeded, the proposed structure is presumed to have a substantial adverse effect upon the safe and eff…

Sec. 8. (a) The following airport imaginary surfaces are established with relation to any public-use airport and to each runway: (1) Horizontal surface: a horizontal plane one hundred fifty (150) feet above the established airport elevation, the perimeter of which is constructed …

Sec. 9. The department may, in its discretion, waive strict compliance with the standards set forth in section 7 of this chapter based upon a clear and compelling showing by the applicant for a permit that: (1) the proposed structure would be between five hundred (500) and one th…

Sec. 0.1. The amendments made to section 4 of this chapter by P.L.92-2004 apply only to subcontracts entered into after June 30, 2004. As added by P.L.220-2011, SEC.207.

Sec. 0.5. (a) The definitions in IC 5-16-13 apply to this section. (b) For purposes of IC 5-16-13-10(c) and this section, a contractor must be qualified under this chapter before doing any work on a public works project that is the construction, improvement, alteration, repair, o…

Sec. 1. It is unlawful to award a contract to any person other than a bidder previously qualified in compliance with this chapter, except for the award of a contract for a public works project by a local unit whenever section 0.5(d) of this chapter applies. As added by P.L.18-199…

Sec. 2. (a) A bidder desiring to submit to the department a bid for the performance of a contract the department proposes to let must apply to the department for qualification and must use for that purpose the forms prescribed and furnished by the department. All applications mus…

Sec. 2.5. The department shall make available for public inspection during regular office hours and on the Internet a list of the contractors holding a valid certificate of qualification issued by the department under this chapter. As added by P.L.144-2016, SEC.5.

Sec. 3. (a) A bidder may not be given a certificate of qualification unless the bidder's financial statement and the investigation made by the department show that the bidder possesses net current assets sufficient in the judgment of the department to render it probable that the …

Sec. 4. It is unlawful for a successful bidder to enter into a subcontract with any other person involving the performance of any part of any work upon which the bidder may be engaged for the department in an amount in excess of three hundred thousand dollars ($300,000) unless th…

Sec. 5. (a) All applicants for qualification shall be promptly notified by the department of its final action on their applications. An applicant aggrieved by the decision of the department may, within ten (10) days after receiving notification of the decision, request in writing…

Sec. 6. The department may not consider a bid filed with it by a person who has not been qualified under this chapter. Bids from unqualified bidders discovered by the department before the reading of the bids shall be returned without being read. If the department finds subsequen…

Sec. 7. (a) The department may allow the department of state revenue access to the name of each person who is either: (1) bidding on a contract to be awarded under this chapter; or (2) a contractor or a subcontractor under this chapter. (b) If the department is notified by the de…

Sec. 8. It is a Class C infraction for an applicant for qualification to knowingly make a false statement with respect to the applicant's financial worth in an application for qualification, financial statement, or other written instrument filed by the applicant with the departme…

Sec. 1. The authority may exercise any powers provided under this article in participation or cooperation with the department or any other governmental entity and enter into any contracts to facilitate that participation or cooperation without compliance with any other statute. A…

Sec. 2. (a) The authority may make and enter into all contracts and agreements necessary or incidental to the performance of the authority's duties and the execution of the authority's powers under this article. These contracts or agreements are not subject to any approvals other…

Sec. 3. (a) The authority may pay any amounts owed by the authority under a public-private agreement entered into under this article from any funds available to the authority under this article or any other statute. (b) Subject to review by the budget committee established by IC …

Sec. 4. For purposes of this article, the authority may authorize an operator under a public-private agreement to perform any of its duties under IC 8-15-2-1, IC 8-15-2-6, IC 8-15-2-18, and IC 8-15-2-24. As added by P.L.47-2006, SEC.39.

Sec. 5. (a) Subject to subsection (b), the authority may exercise any of its powers under IC 8-15-2 or any other provision of the Indiana Code as necessary or desirable for the performance of the authority's duties and the execution of the authority's powers under this article. (…

Sec. 6. The authority may not take any action under this chapter that would impair the public-private agreement entered into under this article. As added by P.L.47-2006, SEC.39.

Sec. 7. (a) The authority shall enter into an agreement between and among the operator, the authority, and the state police department concerning the provision of law enforcement assistance with respect to a toll road project that is the subject of a public-private agreement unde…

Sec. 8. The authority shall establish an expedited method for resolving disputes between or among the authority, the parties to a public-private agreement, and units of local government that contain any part of the toll road project or facility project, and shall set forth that m…

Sec. 1. (a) A public entity may dedicate any property interest that it has for public use as a qualifying project if the public entity finds that dedication of the property interest will serve the public purpose of this article. In connection with the dedication, a public entity …

Sec. 2. The authority, the department, and an operator may enter into the leases, licenses, easements, and other grants of property interests that the department determines necessary to carry out this article. As added by P.L.47-2006, SEC.40.

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 1. As used in this chapter: "Council" means the advisory council to the office of utility consumer counselor created under section 7 of this chapter. "Coun…

Sec. 2. There is created the office of utility consumer counselor. The office shall be administered by the consumer counselor appointed under section 3 of this chapter. As added by Acts 1981, P.L.104, SEC.3.

Sec. 3. The governor shall appoint a consumer counselor, for a term of four (4) years at a salary to be fixed by the governor. The counselor shall serve at the will and pleasure of the governor. The counselor shall be a practicing attorney, and qualified by knowledge and experien…

Sec. 4.1. (a) The consumer counselor may appear on behalf of ratepayers, consumers, and the public in: (1) hearings before the commission, the department of state revenue, or the Indiana department of transportation; (2) appeals from the orders of the commission, the department o…

Sec. 5.1. (a) The commission, the department of state revenue, or the Indiana department of transportation shall immediately notify the counselor of the institution of any proceeding before the commission, the department of state revenue, or the Indiana department of transportati…

Sec. 6.1. (a) The consumer counselor may employ and fix the compensation of, with the approval of the governor and the budget agency, accountants, utility economists, engineers, attorneys, stenographers, or other assistance necessary to carry out the duties of the office. The com…

Note: This version of section effective until 7-1-2027. See also following repeal of this section, effective 7-1-2027. Sec. 7. (a) There is created the advisory council to the office of the utility consumer counselor. The council consists of nine (9) members. Each Indiana congres…

Sec. 8.1. (a) The council shall meet at the call of the chairman or the consumer counselor. (b) The council shall receive, review, and advise the consumer counselor with respect to problems and concerns of ratepayers and consumers arising from the regulation of utilities, motor c…

Sec. 9.1. (a) The governor may appoint a deputy consumer counselor for Washington affairs. The utility consumer counselor may advise the governor in the appointment of a deputy consumer counselor for Washington affairs. (b) The deputy consumer counselor shall serve for a term of …

Sec. 1. Any railroad company organized under any general law of this state is hereby empowered to extend its road, from time to time, beyond either terminus fixed in its articles of association, and to construct, or cause to be constructed, to own and operate such extension or ex…

Sec. 2. Any railroad company extending its line under the provisions of this chapter may acquire right of way and other property, by condemnation or otherwise, in the same manner and with the same effect as if such extension had been included within the original articles of assoc…

Sec. 1. This chapter applies to a contract carrier that transports an employee of a railroad under the terms of a contractual agreement with the railroad. As added by P.L.109-2000, SEC.1.

Sec. 2. As used in this chapter, "contract carrier" has the meaning set forth in IC 8-2.1-17-5. As added by P.L.109-2000, SEC.1.

Sec. 3. A contract carrier shall do the following: (1) Limit the hours of service by a driver who transports a railroad employee to: (A) twelve (12) hours of vehicle operation per day; (B) fifteen (15) hours of on duty service per day; and (C) seventy (70) hours of on duty servic…

Sec. 4. The motor carrier services division of the department of state revenue may adopt rules under IC 4-22-2 to implement and administer this chapter. As added by P.L.128-2003, SEC.1.

Sec. 5. A person who violates this chapter commits a Class C infraction. As added by P.L.128-2003, SEC.2.

Note: This version of section effective until 7-1-2027. See also following repeal of this section, effective 7-1-2027. Sec. 1. As used in this chapter, "board" refers to the local bridge grant board established by section 9 of this chapter. As added by P.L.117-1989, SEC.1.

Note: This version of section effective until 7-1-2027. See also following repeal of this section, effective 7-1-2027. Sec. 10. The department shall provide staff support to the board. As added by P.L.117-1989, SEC.1.