Title 8, UTILITIES AND TRANSPORTATION

Sec. 7. An operator or a person who has an interest in an operator may not make a contribution to a candidate or a committee during the following periods: (1) The term during which the operator is a party to a public-private agreement entered into under this article. (2) The thre…

Sec. 8. A person who knowingly or intentionally violates this chapter commits a Level 6 felony. As added by P.L.47-2006, SEC.40. Amended by P.L.158-2013, SEC.135.

Sec. 1. This chapter may be known and referred to as the "Rural Communications Cooperative Act". Formerly: Acts 1951, c.193, s.1. As amended by P.L.59-1984, SEC.73; P.L.81-2020, SEC.3.

Sec. 10. (a) The corporate purpose of each local cooperative corporation shall be to render communications service to its members and to such other persons in the specific instances as expressly provided in this chapter, and no person shall become or remain a member unless such p…

Sec. 11. Any cooperative corporation to be formed under this chapter shall be either a general cooperative corporation or a local cooperative corporation. (a) A general cooperative corporation is one formed under this chapter for the purpose of furnishing engineering, financial a…

Sec. 12. Each cooperative corporation is vested with all powers necessary or requisite for the accomplishment of its corporate purpose and capable of being delegated by the general assembly of the state of Indiana; and no enumeration of particular powers granted by this chapter s…

Sec. 13. A cooperative corporation may do any and all acts or things necessary or convenient for carrying out the purpose for which it was formed, including the following: (1) To sue and be sued. (2) To have a seal and alter the same at pleasure. (3) To acquire, hold, and dispose…

Sec. 14. A local cooperative corporation may not sell, lease, exchange, mortgage, pledge, or otherwise sell all, or substantially all, of its property unless the transaction is authorized by a resolution duly adopted at a meeting of the corporation's members duly called and held …

Sec. 15. (a) A cooperative corporation shall have power and is hereby authorized, from time to time, to issue its obligations for any corporate purpose. The obligations may be authorized by resolution or resolutions of the board, and may bear such date or dates, mature at such ti…

Sec. 16. In connection with the issuance of any obligations, a cooperative corporation may make such covenants or agreements and do any and all such acts and things as may be necessary, convenient or desirable in order to secure its obligations or which, in the absolute discretio…

Sec. 17. A cooperative corporation shall have power out of any funds available therefor to purchase any obligations issued by it at a price not exceeding the principal amount thereof and accrued interest thereon. All obligations so purchased shall be canceled. Formerly: Acts 1951…

Sec. 18.2. (a) Any two (2) or more cooperative corporations created under this chapter and operating or authorized to operate in contiguous territory may enter into an agreement for the consolidation of the cooperative corporations, which agreement shall be submitted for the revi…

Sec. 19. (a) In case of a consolidation, the existence of the consolidating cooperative corporations shall cease and the articles of consolidation are considered the articles of incorporation of the new cooperative corporation. (b) All rights, privileges, immunities, and franchis…

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 cooperative corporation, not organized for pecuniary profit, for the purpose of: (1) if the corporation is local …

Sec. 2.1. (a) If the requirements of subsection (b) are met, a local cooperative telephone corporation formed under Acts 1935, c.157 is considered to be a communications cooperative corporation formed under this chapter and is subject to its requirements and not the requirements …

Sec. 2.2. (a) A telephone cooperative corporation formed under this chapter before July 1, 2020, is, after June 30, 2020: (1) considered to be a communications cooperative corporation; and (2) subject to this chapter; as if the telephone cooperative corporation were formed under …

Sec. 20. (a) A local cooperative corporation shall be required to furnish reasonably adequate communications services and facilities. The charge made by any local cooperative corporation for any service rendered or to be rendered, either directly or in connection with the service…

Sec. 23. (a) A cooperative corporation may amend its articles of incorporation to change its corporate name, to increase or reduce the number of its directors, or to change any other provisions set forth in the articles. However, any change of location of the principal office sha…

Sec. 24. A cooperative corporation formed under this chapter may change the location of its principal office by filing in the office of the secretary of state a certificate reciting the change of principal office and setting forth the resolution by its board of directors authoriz…

Sec. 25. (a) Any cooperative corporation may dissolve by filing in the office of the secretary of state articles of dissolution entitled and endorsed "Articles of Dissolution of __________" (the blank space being filled in with the name of the cooperative corporation). The articl…

Sec. 26. (a) Any foreign corporation organized as a nonprofit corporation for the purpose of making communications service available to the inhabitants of rural areas may be admitted to do business in Indiana and shall have the same powers, restrictions, and liabilities as a coop…

Sec. 27. The provisions of IC 23-17 and all rights and powers under IC 23-17 shall apply to cooperative corporations organized under this chapter, except where such provisions are in conflict or inconsistent with the express provisions of this chapter. Formerly: Acts 1951, c.193,…

Sec. 28. 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 1951, c.193, s.29. As amended by P…

Sec. 29. No member of any cooperative corporation shall be liable or responsible for its debts or liabilities. Formerly: Acts 1951, c.193, s.31.

Sec. 3. As used in this chapter, the following terms have the following meanings unless a different meaning clearly appears from the context: (1) "Acquire" means to obtain by construction, purchase, lease, devise, gift, eminent domain, or by any other lawful means. (2) "Board" me…

Sec. 4. The articles of incorporation shall be entitled and endorsed "Articles of Incorporation of ____________ (the blank space to be filled in with the name of the corporation) and shall state: (1) The name of the cooperative corporation, which shall be such as to distinguish i…

Sec. 5. (a) The individuals executing the articles of incorporation of a local cooperative corporation shall be residents of the area in which the operations of the cooperative corporation are to be conducted and shall be persons desirous of using communications service to be fur…

Sec. 7. (a) Each cooperative corporation formed under this chapter shall have a board of directors, which board shall constitute the governing body of the cooperative corporation. The directors of a local cooperative corporation must be members, or if the cooperative corporation'…

Sec. 8. The board shall have power to do all things necessary or convenient in conducting the business of the cooperative 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 coope…

Sec. 9. (a) A cooperative corporation may issue to its members certificates of membership and each member shall be entitled to only one (1) vote on each question or election at any regular or special meetings of the cooperative corporation. (b) Meetings of members may be held at …

Sec. 1. No person, company, or corporation shall be permitted to keep, have or maintain any public ferry across any lake, river, or stream running through or bounding any city or town in this state, from the city or town to any points without the limits of this state, without fir…

Sec. 2. The legislative body shall not grant a license to the applicant until satisfactory evidence is produced showing that the application has been on file in the office of the city or town clerk for not less than fourteen (14) days and that notice of the filing of the applicat…

Sec. 3. The legislative body upon being satisfied that the notice required under section 2 of this chapter has been given, and that a ferry is needed at the place, and that the applicant is a suitable person, may grant to the applicant a license to keep and maintain the same for …

Sec. 4. Before the license is granted, the applicant shall enter into a recognizance to the city or town, in a penal sum to be fixed by the legislative body, not less than five hundred dollars ($500) nor more than two thousand dollars ($2,000), with sufficient surety, conditioned…

Sec. 5. The rates of ferriage, reasonable rules for operation, and the schedule upon which the ferry shall be operated shall be fixed by the legislative body at the time of licensing the ferry, and from time to time thereafter as the body shall think proper. A list of rates, rule…

Sec. 6. If any ferry is not faithfully maintained and operated according to the terms of the recognizance provided for in section 4 of this chapter, the legislative body on complaint to them shall cause the proprietor of the ferry to be summoned before the legislative body to sho…

Sec. 7. A person licensed to keep and maintain a ferry under this chapter who does any act in violation of the conditions of his license commits a Class C infraction. Formerly: Acts 1921, c.137, s.7; Acts 1959, c.235, s.7. As amended by Acts 1978, P.L.2, SEC.817.

Sec. 8. A person who keeps, maintains, or runs a ferry without being licensed or authorized according to this chapter commits a Class C infraction. Formerly: Acts 1921, c.137, s.8. As amended by Acts 1978, P.L.2, SEC.818.

Sec. 1. Except as provided in section 2(a)(6) of this chapter, for purposes of this chapter, the term "railroad" does not include a Class I or a Class II railroad as established by the Interstate Commerce Commission, or wholly owned subsidiaries of those railroads. A railroad or …

Sec. 2. (a) There is created a fund known as the industrial rail service fund. The fund shall consist of money distributed to the fund by IC 6-2.5-10-1 and IC 8-3-1.5-20. Amounts held in the fund may only be used to do the following: (1) Provide loans to railroads that will be us…

Sec. 3. The administrative control of the industrial rail service fund and the responsibility for the administration of this chapter are vested in the Indiana department of transportation. As added by Acts 1982, P.L.51, SEC.2. Amended by P.L.84-1988, SEC.3; P.L.18-1990, SEC.38.

Sec. 4. Any railroad may apply for a loan from the industrial rail service fund for the purpose of providing railroad transportation service in Indiana. The application shall be submitted to the Indiana department of transportation. The department shall make the final decision as…

Sec. 5. The Indiana department of transportation shall set the terms and interest rates for loans made from the industrial rail service fund. As added by Acts 1982, P.L.51, SEC.2. Amended by P.L.84-1988, SEC.5; P.L.18-1990, SEC.40.

Sec. 6. (a) Money held in the industrial rail service fund does not revert to the general fund at the end of a state fiscal year. Money loaned from the fund shall, when repaid, be redeposited in the industrial rail service fund. (b) The Indiana department of transportation may in…

Sec. 1. Upon the application in writing of a company owning, leasing, using, or operating a railroad in Indiana accompanied by the statements of three (3) reputable Indiana citizens testifying to the moral character of the applicant, the Indiana department of transportation shall…

Sec. 11. Acts 1975, P.L.80 does not affect the validity of a railroad policeman's commission in existence on January 1, 1976. As added by P.L.1-1989, SEC.16.