Title 8, TITLE 8. UTILITIES AND TRANSPORTATION

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 corporation not organized for pecuniary profit for the purpose of promoting and encouraging the fullest possible u…

Formerly: Acts 1935, c.175, s.18b; Acts 1969, c.261, s.1. Repealed by Acts 1980, P.L.69, SEC.5.

Sec. 21. Any corporation created under this chapter may be dissolved by filing in the office of the secretary of state articles of dissolution which shall be entitled and indorsed "Articles of dissolution of ____________" (the blank space being filled in with the name of the corp…

of territory Sec. 22. (a) A corporation created under this chapter may amend its articles of incorporation to change its corporate name, to increase or reduce the number of its directors or change any other provisions of the articles of incorporation. However, no corporation shal…

local district corporation distinguished Sec. 23. Any corporation to be formed under this chapter shall be either a general district corporation or a local district corporation. (a) A general district corporation is a corporation formed under this chapter for the purpose of furni…

Sec. 24. Any person or legal entity adversely affected by any final decision, ruling, or order of the commission made pursuant to this chapter may appeal that decision, ruling, or order under the same appeal procedures as in IC 8-1-3. Formerly: Acts 1935, c.175, s.22. As amended …

Sec. 25. 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 1935, c.175, s.23. As amended by P…

finding of convenience and necessity Sec. 26. Any foreign corporation organized as a nonprofit corporation for the purpose of making electric energy available to the inhabitants of rural areas may be admitted to do business within this state and shall have the same powers, restri…

Sec. 27. (a) No member of any corporation shall be liable or responsible for its debts or liabilities. (b) A director of a distribution cooperative corporation or a director of a power supplier whose members are corporations as defined in this chapter is not personally liable whi…

Sec. 28. (a) The commission shall adopt rules to govern the relations between corporations and any or all classes of their customers. Those rules shall cover the following subjects: (1) Extension of service. (2) Extension of credit. (3) Deposits, including interest. (4) Billing p…

Sec. 29. (a) Every corporation shall file with the commission, within a time fixed by the commission, schedules showing all rates, tolls, and charges that it has established and that are enforced at the time for any service performed by it within the state, or for any service in …

Sec. 3. The following terms whenever used or referred to in this chapter have the following meanings, unless a different meaning clearly appears from the context: (a) "Corporation" means a corporation formed under this chapter. (b) "Municipality" means any county, city, or town o…

increases; approval; factors considered; required procedures Sec. 30. (a) No change shall be made in any schedule, including schedules of joint rates, except upon thirty (30) days notice to the commission, and approval by the commission, and all changes shall be plainly indicated…

order or subpoena; penalty for failure to comply Sec. 31. (a) The commission may require, by order or subpoena, a corporation to produce within the state (at a time and place the commission may designate) any books, accounts, papers, or records (or verified copies) kept by the co…

Sec. 32. (a) The commission may appoint, by written order, an agent to investigate any corporation. The commission shall prescribe the duties of the agent in the order, and the agent has all of the inquisitorial powers granted the commission under this chapter. (b) The commission…

Sec. 33. Every corporation shall keep and render to the commission, in the manner and form prescribed by the commission, uniform accounts of all business transacted. In formulating a system of accounting for a corporation, the commission shall consider any system of accounting es…

Sec. 34. Every corporation shall furnish to the commission all information required by it to carry into effect this chapter and shall make specific answers to all questions submitted by the commission. As added by P.L.121-1987, SEC.11.

books, and papers Sec. 35. Any corporation receiving from the commission any blank forms with directions to complete them shall answer fully and correctly each question in the form, and if it is unable to answer any question, it shall give a good and sufficient reason for failing…

charges; inadequate service; investigation; hearing; order Sec. 36. Upon a complaint made against any corporation by: (1) any mercantile, agricultural, or manufacturing society; (2) any body politic or municipal organization; (3) ten (10) or more persons, firms, corporations, lim…

or territory Sec. 37. Whenever the commission believes that: (1) any rate or charge may be unreasonable or unjustly discriminatory; (2) any service is inadequate or cannot be obtained; or (3) an investigation of any matter relating to rates or territory for a corporation should b…

notice and hearing requirements; consent orders Sec. 38. (a) Any corporation may make complaint as to any matter affecting its own rates or service. The corporation shall publish a notice of the filing of the petition or complaint in a newspaper of general circulation published i…

orders; hearing requirement Sec. 39. (a) Except as provided in subsection (b), an order affecting rates of service may be entered by the commission without a formal public hearing in the case of a distribution cooperative with less than five thousand (5,000) customers. (b) The co…

Sec. 4. (a) The articles of incorporation shall be entitled and endorsed either "Articles of Incorporation of _______ Rural Electric Membership Corporation" or Articles of Incorporation of _____________ Rural Electric Cooperative, Inc." (the blank space being filled in with the d…

enforcement Sec. 40. Each of the commissioners and every authorized agent has the power to administer oaths, certify to official acts, issue subpoenas, compel the attendance of witnesses, and compel the production of books, accounts, papers, records, documents, and testimony in p…

be made Sec. 41. Whenever, upon the investigation made under this chapter, the commission finds any regulations, measurements, practices, acts, or services are unjust, unreasonable, unwholesome, unsanitary, unsafe, insufficient, preferential, unjustly discriminatory, or otherwise…

Sec. 42. (a) The commission may adopt rules under IC 4-22-2 to carry out this chapter. (b) This section does not invalidate any rule adopted by the commission before September 1, 1987. As added by P.L.121-1987, SEC.19.

development Sec. 43. (a) A corporation may not expend more than fifteen percent (15%) of its total utility plant for economic development. (b) A corporation that is not an REA borrower (as defined in section 17(f) of this chapter) may not borrow any funds for an economic developm…

Sec. 5. (a) The natural persons executing the articles of incorporation shall be residents of the territory in which the operations of the corporation are to be conducted who are desirous of using electric energy to be furnished by the corporation. The articles of incorporation s…

Sec. 6. (a) Each corporation formed under this chapter shall have a board of directors that constitutes the governing body of the corporation. The directors must be members, or if the corporation's bylaws so provide, a member's officers, directors, or partners, or the owner of a …

Sec. 7. The board shall have power to do all things necessary or convenient in conducting the business of the corporation, including but not limited to: (a) The power to make, alter, amend or repeal by-laws for the regulation and management of the affairs of the corporation not i…

Sec. 8. (a) A corporation may issue to its members certificates of membership and each member shall be entitled to only one (1) vote at any regular or special meeting of the corporation. (b) Meetings of members may be held at such place as may be provided in the by-laws. An annua…

Sec. 9. (a) The corporate purpose of each corporation formed under this chapter shall be to render services to or for the benefit of its members. (b) A person may not become or remain a member of any local district corporation (as defined in section 23 of this chapter) unless suc…

Sec. 1. Any railroad company organized under the laws of this state is hereby authorized to build and operate, in addition to the main line authorized by its charter or articles of association, branch railroads from any point or points on its main line, to or through any adjacent…

Sec. 2. The powers of the charter of any railroad company constructing such branch in relation to the entering upon and taking possession of and acquiring title to any ground and materials necessary in the construction and maintenance of such road, shall be, and the same are here…

Sec. 1. Any corporation organized before or after May 22, 1933, under Indiana statutes for the purpose of construction, owning, maintaining, and/or operating a railroad, other than a street railroad or an interurban railroad, may voluntarily dissolve under and pursuant to the pro…

Sec. 2. If the holders of record of all the outstanding shares of the capital stock of a corporation organized under the laws of this state for the purpose of constructing, owning, maintaining and/or operating a railroad other than a street railroad or an interurban railroad, con…

Sec. 3. Upon the filing of any such certificate together with an affidavit of one (1) of the principal officers of said corporation containing a statement that said corporation has lawfully disposed of all of its property and that all debts, obligations and liabilities of the cor…

Sec. 4. The directors of such dissolved corporation shall forthwith cause a notice of such dissolution to be published once a week on the same day of each week for two (2) successive weeks in a newspaper published in and of general circulation in the county in which the principal…

Sec. 1. The department shall establish and maintain complete inventory records of all durable office equipment, highway construction and maintenance equipment, motor vehicles, and all other items of personal property except office supplies under its control other than property ex…

Sec. 2. Supplies that are expended at the same time they are used are excluded from the inventory requirements of this chapter. A record of the supplies that are expended at the same time they are purchased or used shall be maintained and a copy showing all purchases made during …

Sec. 1. The definitions in IC 3-5-2 apply to this chapter to the extent they do not conflict with the definitions in this article. As added by P.L.47-2006, SEC.39.

Sec. 2. As used in this chapter, "candidate" refers to any of the following: (1) A candidate for a state office. (2) A candidate for a legislative office. (3) A candidate for a local office. As added by P.L.47-2006, SEC.39.

Sec. 3. As used in this chapter, "committee" refers to any of the following: (1) A candidate's committee. (2) A regular party committee. (3) A committee organized by a legislative caucus of the house of representatives of the general assembly. (4) A committee organized by a legis…

Sec. 4. As used in this chapter, "officer" refers only to either of the following: (1) An individual listed as an officer of a corporation in the corporation's most recent annual report. (2) An individual who is a successor to an individual described in subdivision (1). As added …

Sec. 5. For purposes of this chapter, a person is considered to have an interest in an operator if the person satisfies any of the following: (1) The person holds at least a one percent (1%) interest in an operator. (2) The person is an officer of an operator. (3) The person is a…

Sec. 6. An operator is considered to have made a contribution if a contribution is made by a person who has an interest in the operator. As added by P.L.47-2006, SEC.39. IC 8-15.5-13-7 Prohibition of contributions to candidate or committee Sec. 7. An operator or a person who has …

Sec. 8. A person who knowingly or intentionally violates this chapter commits a Level 6 felony. As added by P.L.47-2006, SEC.39. Amended by P.L.158-2013, SEC.134.

Sec. 1. The term of a public-private agreement, including all extensions, may not exceed seventy-five (75) years. For purposes of measuring the term, the term begins on the date on which operations of a part of the qualifying project by the operator commences. As added by P.L.47-…

Sec. 2. The department shall terminate the operator's authority and duties under the public-private agreement on the date set forth in the public-private agreement. As added by P.L.47-2006, SEC.40.

Sec. 3. Upon termination of the public-private agreement, the authority and duties of the operator under this article cease, except for any duties and obligations that extend beyond the termination as set forth in the public-private agreement, and the qualifying project reverts t…