Title 8, TITLE 8. UTILITIES AND TRANSPORTATION

Sec. 9. As used in this chapter, "worksite speed limit" means a temporary speed limit established by: (1) the department; (2) the Indiana finance authority; or (3) a local unit in the vicinity of a worksite; under IC 9-21-5-11. As added by P.L.120-2023, SEC.2.

Sec. 1. Any railroad corporation, lessee, or assignee or receiver, or other person or corporation, running, controlling, or operating, or that may after July 18, 1885, construct, build, run, control, or operate, any railroad into or through this state, shall, not later than July …

landowner; compelling payment by railroad Sec. 2. If such railroad corporation, lessee, assignee, receiver or other person or corporation aforesaid neglect or refuse to construct such fence, barriers or cattle-guards as provided in the preceding section, the owner of any lands ab…

Sec. 3. When such fence, barrier and cattle-guards are completed, such railroad corporation, lessee, assignee, receiver or other person or corporation operating and controlling the same shall keep the same in good repair and sufficient to answer the purposes for which constructed…

Sec. 4. Nothing in this chapter contained shall in any manner affect or change the liability of railroad corporations, or of the assignees, lessees, or receivers of such corporations, for stock killed or injured upon their railroads; but such liability shall exist and be governed…

Sec. 5. All gates and bars at farm crossings, shall, in the absence of a contract or agreement to the contrary, be constructed and maintained and kept closed by the owner of such farm crossing. Formerly: Acts 1885(ss), c.91, s.5.

Sec. 1. As used in this chapter, "affiliate" has the meaning set forth in IC 23-1-43-1. The term includes a parent company or a subsidiary. As added by P.L.27-2006, SEC.58.

Sec. 10. As used in this chapter, "person" means an individual, a corporation, a partnership, a limited liability company, an association, or another entity organized under the laws of any state. As added by P.L.27-2006, SEC.58. IC 8-1-34-11 "Provider" Sec. 11. As used in this ch…

Sec. 12. As used in this chapter, "unit" has the meaning set forth in IC 36-1-2-23. As added by P.L.27-2006, SEC.58.

Sec. 13. As used in this chapter, "video programming" has the meaning set forth in 47 U.S.C. 522(20). As added by P.L.27-2006, SEC.58.

Sec. 14. (a) As used in this chapter, "video service" means: (1) the transmission to subscribers of video programming and other programming service by a video service provider: (A) through facilities located at least in part in a public right-of-way; and (B) without regard to the…

Sec. 15. (a) As used in this chapter, "video service system" means a system, consisting of a set of transmission paths and associated signal generation, reception, and control equipment, that is designed to provide video service directly to subscribers within a community. The ter…

confidential information; filing fee; level of specificity in identifying service areas or planned service areas; programming information not required Sec. 16. (a) Except as provided in section 21 of this chapter, after June 30, 2006: (1) the commission is the sole franchising au…

settlement agreements approved before July 29, 2004; use of rights-of-way Sec. 17. (a) Not later than fifteen (15) business days after the commission receives an application under section 16 of this chapter, the commission shall determine whether the application is complete and p…

Sec. 18. Subject to the notice requirements under section 20 of this chapter, a certificate issued under this chapter may be transferred to any successor in interest of the holder to which the certificate is originally granted. As added by P.L.27-2006, SEC.58.

Sec. 19. A certificate issued under this chapter may be terminated by the holder by submitting notice to the commission under section 20 of this chapter. As added by P.L.27-2006, SEC.58.

Sec. 2. As used in this chapter, "certificate" refers to a certificate of franchise authority issued by the commission under section 17 of this chapter. As added by P.L.27-2006, SEC.58.

notification requirements Sec. 20. (a) In connection with, or as a condition of receiving, a certificate under this chapter, the commission shall require a holder to notify the commission, after the issuance of a certificate, of any of the following changes involving the holder o…

franchise; notice; outstanding and prepaid franchise fees Sec. 21. (a) For purposes of this section, a provider is considered to be a holder of a local franchise on June 30, 2006, if: (1) the provider; or (2) any affiliate or successor entity of the provider; holds a local franch…

owed to private persons; right of action; "private person" Sec. 22. (a) A provider that elects to terminate a local franchise under section 21 of this chapter remains subject to the contractual rights, duties, and obligations incurred by the provider that are owed to any private …

determination when no local franchise exists; unincorporated areas; annexed territory Sec. 23. (a) Except as provided in subsection (b), the holder of a certificate under this chapter shall, at the end of each calendar quarter, determine under subsections (c) and (d) the gross re…

areas; disputes over gross revenue calculation; pass through to subscribers; billing itemization; fee under local franchise Sec. 24. (a) Subject to subsection (e), not later than forty-five (45) days after the end of each calendar quarter, the holder shall pay to each unit includ…

Sec. 24.5. (a) This section applies to any unit that receives franchise fees paid to the unit under: (1) a certificate issued by the commission under this chapter; or (2) an unexpired local franchise issued by the unit before July 1, 2006; with respect to a particular calendar ye…

with existing requirements Sec. 25. (a) This section applies in a unit that: (1) is included in the service area of a holder of a certificate issued under this chapter; and (2) requires a provider described in section 21(a) of this chapter to provide PEG channel capacity, facilit…

or areas without existing requirements; authority of commission to require Sec. 26. (a) This section applies in a unit or an unincorporated area of Indiana that: (1) is included in the service area of a holder of a certificate issued under this chapter; and (2) does not require a…

Sec. 26.5. (a) This section applies in a unit: (1) that is included in the service area of a holder of a certificate issued under this chapter; and (2) in which a provider is required to provide PEG channel capacity: (A) under a local franchise issued to the provider by the unit …

system; interconnection of systems; enforcement authority Sec. 27. (a) The operation of a PEG channel provided under section 25, 26, or 26.5 of this chapter is the responsibility of the unit or unincorporated area that receives the benefit of the channel, and the holder or other …

technology; petition for equitable relief; order by commission; right to appeal Sec. 28. (a) This section applies to the following: (1) A provider that holds a certificate issued by the commission under this chapter. (2) A provider that provides video service under a local franch…

buildings; provision under terms of local franchise; continuation of services after December 31, 2008, or expiration of franchise; apportionment of costs Sec. 29. (a) This section applies to a provider that holds a local franchise to provide video service in a unit at any time be…

Sec. 3. As used in this chapter, "commission" refers to the Indiana utility regulatory commission created by IC 8-1-1-2. As added by P.L.27-2006, SEC.58.

commission; designated employees; certification; option to apply for authority from political subdivision; limited local regulation Sec. 30. (a) As used in this section, "designated employee" means a holder's: (1) employee; or (2) authorized agent; whom the holder designates or w…

Sec. 4. As used in this chapter, "franchise" means an initial authorization, or a renewal of an authorization, that: (1) is issued by the commission under this chapter after June 30, 2006; and (2) authorizes the construction or operation of a video service system in a designated …

Sec. 5. As used in this chapter, "gross revenue" means all consideration of any kind or nature, including cash, credits, property, and in kind contributions: (1) received by a holder from the operation of a video service system in a particular unit in Indiana; and (2) calculated …

Sec. 6. As used in this chapter, "holder" refers to a person that holds a certificate issued by the commission under this chapter after June 30, 2006. As added by P.L.27-2006, SEC.58.

Sec. 7. As used in this chapter, "incumbent provider" means the provider serving the largest number of video service subscribers in a particular local franchise service area on July 1, 2006. As added by P.L.27-2006, SEC.58.

Sec. 8. As used in this chapter, "local franchise" means an initial authorization, or a renewal of an authorization, that: (1) is issued by a unit before July 1, 2006; and (2) authorizes the construction or operation of a video service system in a designated service area in the u…

Sec. 9. As used in this chapter, "other programming service" refers to information that a provider makes available to all subscribers generally. As added by P.L.27-2006, SEC.58.

Sec. 1. As used in this chapter, "unusually large bill" means a residential water bill that reflects monthly water usage, in whatever units measured, that is at least two (2) times the customer's average monthly usage at the premises. As added by P.L.53-2004, SEC.1. Amended by P.…

Sec. 2. As used in this chapter, "utility" refers to a water utility owned or operated by a municipality. As added by P.L.53-2004, SEC.1. Amended by P.L.2-2005, SEC.27.

usage caused by undetectable damage to equipment Sec. 3. Notwithstanding IC 8-1-2-103(a), a utility may adjust an unusually large bill if the excess usage reflected in the bill is caused by physical damage to any facility or equipment supplying water to the premises and the damag…

utility Sec. 4. A utility that elects to adjust unusually large bills must do so in accordance with policies adopted by the utility. The utility's policies must specify the procedures by which a customer may request an adjustment and prove the damage described in section 3 of thi…

Sec. 1. (a) A county may lease a bridge and pay the lease rental from the cumulative bridge fund and levy under IC 8-16-3. (b) A contract of lease may not be entered into unless there is first filed with the county executive a petition for a longer lease, signed by fifty (50) or …

Formerly: Acts 1975, P.L.92, SEC.2. Repealed by P.L.86-1988, SEC.227.

Sec. 2. If two (2) or more counties propose to enter into a lease contract jointly, then separate meetings of the county executives may be held, but no action taken shall be binding on any county unless approved by a majority of the county executives. Any lease contract executed …

Sec. 3. Any county may enter into a contract of lease under the provisions of this chapter with any (profit or not-for-profit) corporation organized under the laws of the state or duly admitted to do business in the state. Formerly: Acts 1975, P.L.92, SEC.2. As amended by P.L.86-…

Sec. 4. All contracts of lease may provide that a county has the option to purchase the bridge before the expiration of the lease contract, the terms and conditions of the purchase to be specified in the lease, subject to the approval of the department of local government finance…

procedure Sec. 5.5. Notwithstanding any other provision of this chapter, a contract of lease with any profit corporation is subject to competitive bid and may only be entered into after compliance with the following: (1) The lessee shall prepare and place on file in the lessee's …

insurance; county inspection of bridge Sec. 6. A contract of lease may provide that as a part of the lease rental for a bridge the lessee shall agree to pay all taxes and assessments levied against or on account of the leased bridge and to maintain insurance for the benefit of th…

notice of executed lease; taxpayer's objections; hearings; appeals Sec. 8. (a) When the lessor corporation and the county have agreed upon the terms and conditions of any lease proposed to be entered into under this chapter and before the final execution of the lease, a notice mu…

Sec. 9. All bridges leased by a lessor corporation contracting with a county under this chapter are exempt from all state, county, and other taxes. Formerly: Acts 1975, P.L.92, SEC.2. As amended by P.L.86-1988, SEC.32.