Title 8, UTILITIES AND TRANSPORTATION

Sec. 6. All rules, practices, installations, and services prescribed, approved, or required by the commission shall be in force and shall be prima facie reasonable unless finally found otherwise by the court of appeals or by the supreme court if the cause is transferred to and de…

Sec. 7. (a) Upon determination of the appeal, the court shall have jurisdiction to affirm or set aside such decision, ruling, or order of the commission, in whole or in part, or remand the proceeding to the commission with instructions. No evidence beyond that contained in the re…

Sec. 8. The cost of preparing the transcript of the record, on reasonable terms fixed by general administrative order of the commission, shall be paid in the first instance upon receipt of the transcript by the person filing the written request for the transcript, and the amount …

Sec. 9. Upon the filing of any petition provided for in this chapter, all parties of record on appeal shall have ten (10) days, or such other time as provided by the court of appeals or supreme court, in which to file opposing affidavits. Formerly: Acts 1957, c.189, s.9. As amend…

Sec. 1. A person who, with intent to defraud: (1) falsely makes, alters, forges, counterfeits, prints, or photographs any bill of lading purporting to represent goods received for shipment intrastate in Indiana; (2) utters or publishes as true and genuine any such falsely made, a…

Sec. 1. The corporate power of street and interurban railroad corporations and steam railroad corporations, organized under the laws of this state, is hereby extended and shall be construed to include the power to acquire, own and operate motor vehicles along and over the streets…

Sec. 1. The stockholders of any railroad company incorporated in this state before May 6, 1853, or that may be incorporated after May 6, 1853, may, by the vote of a majority in interest of the stockholders of such company, at any annual or other meeting thereof, determine that th…

Sec. 1. (a) Whenever the separation of grades at the intersection of a railroad or railroads (as defined in IC 8-3-1-2) and a public street or highway is constructed, the railroad or railroads shall pay five (5) percent of the cost of the grade separation as provided in this chap…

Sec. 2. (a) This chapter shall not authorize the separation of grade crossings of railroads and highways where not authorized by other laws, but shall be considered as supplemental to other laws, and all division of costs as provided for in this chapter, and all provisions for th…

Sec. 3. Notwithstanding any other provisions of this chapter or existing laws in regard to which this chapter is supplemental, the Indiana department of transportation shall not be chargeable with any costs or expenses contemplated by this chapter unless the Indiana department of…

Sec. 4. (a) Where a grade separation results from a railroad relocation project funded in substantial part by the federal government, the shares of the cost of the grade separation shall be allocated among all the participating governmental units and affected railroads as they ma…

Sec. 1. In addition to the powers granted the Indiana department of transportation in other statutes, the department shall investigate whether or not locomotive engines are constructed and built so that the engineer and fireman employed and working thereon and operating the locom…

Sec. 2. If, after investigation, it is found that the engines are not constructed and operated as set out in section 1 of this chapter, the Indiana department of transportation may make and enforce against the railroad companies an order or orders as necessary to require the equi…

Sec. 3. The Indiana department of transportation may require locomotive engines to be so constructed that the engineer and fireman's view ahead from the front cab windows is clear and unobstructed by any part of the engine, equipment, or appliances used or operated, and construct…

Sec. 4. Whenever a locomotive engine is sent to the shops of the railroad company operating the locomotive engine to be rebuilt or reconstructed, the locomotive engine shall be rebuilt or reconstructed so as to comply with this chapter. The Indiana department of transportation ma…

Sec. 5. A person who violates an order of the Indiana department of transportation made under this chapter commits a Class C infraction. Formerly: Acts 1913, c.291, s.5. As amended by Acts 1978, P.L.2, SEC.827; P.L.384-1987(ss), SEC.80; P.L.18-1990, SEC.90.

Sec. 1. (a) Except as otherwise provided by this chapter, the definitions set forth in IC 8-10-1-2 apply throughout this chapter. (b) In addition to the powers conferred upon the ports of Indiana by other provisions of this article, the ports of Indiana shall have the power whene…

Sec. 2. The ports of Indiana, or a public or private agency or corporation of the state of Indiana designated by the ports of Indiana, is hereby authorized to make application to the board established by the act of Congress approved June 18, 1934 (48 Stat. 998-1003; 19 United Sta…

Sec. 3. The ports of Indiana in any appropriation of property, under the provisions of the appropriate eminent domain law, may take either a fee simple title in any property, or easement, or right-of-way, or riparian right, or any other estate therein as in any particular instanc…

Sec. 2.1. The Indiana department of transportation may enter into an agreement that obligates appropriations for work that will be performed in more than one (1) fiscal year. As added by P.L.24-1985, SEC.18. Amended by P.L.18-1990, SEC.112.

Sec. 3. (a) As used in this section, "PASER" refers to the pavement surface evaluation and rating system used as part of a transportation asset management plan submitted to the local technical assistance program at Purdue University. (b) There is annually appropriated two hundred…

Sec. 1. This chapter applies to all municipalities, except consolidated cities, that own or operate utilities. As added by Acts 1982, P.L.74, SEC.1.

Sec. 10. Whenever a municipality operates an electric utility that provides service outside the corporate boundaries of the municipality, the charges for service outside the corporate boundaries may not differ from the charges for service inside the corporate boundaries unless th…

Sec. 11. (a) The money belonging to each municipally owned utility shall be kept by the municipal fiscal officer as separate funds as required by any bond ordinance or accounting procedures established by the commission or the state board of accounts. The municipal legislative bo…

Sec. 12. (a) A municipality may, by ordinance of its legislative body, borrow money from a utility owned by the municipality for any of the following purposes: (1) Current purposes in anticipation of taxes levied and to be collected during the current or following year. (2) Carry…

Sec. 13. The municipal legislative body may, by ordinance, authorize officers charged by law with custodial care, expenditure, and investment of utility money to invest or reinvest surplus money of a utility in the manner prescribed by IC 5-13-9. As added by Acts 1982, P.L.74, SE…

Sec. 14. (a) A municipally owned utility under the jurisdiction of the commission for approval of rates and charges and of the issuance of stocks, bonds, notes, or other evidence of indebtedness shall file with the commission an annual report of the operation of the plant on form…

Sec. 15. A utility operated under IC 8-1-11.1 retains the rights and powers conferred by IC 8-1-11.1-3.1, notwithstanding section 1 of this chapter. As added by Acts 1982, P.L.74, SEC.1.

Sec. 2. As used in this chapter, "board" refers to the board operating a municipally owned utility as determined under section 3 of this chapter. As added by Acts 1982, P.L.74, SEC.1.

Sec. 3. (a) The legislative body of a municipality may, by ordinance, provide for the control of any or all of its municipally owned utilities by: (1) the municipal works board; (2) a board consisting of the members of the municipal legislative body; (3) a utility service board e…

Sec. 3.3. For purposes of section 3 of this chapter, a utility service board that: (1) was established before January 1, 1983, under IC 8-1-2-100 (before its repeal and formerly Acts 1913, c.76, s.109, as amended); (2) has continued in existence without interruption since its cre…

Sec. 4. (a) The board has general supervisory powers over the utilities under its control, with responsibility for the detailed supervision of each utility to be vested in its superintendent, who is responsible to the board for the business and technical operation of the utility.…

Sec. 4.5. (a) This section applies to the award of a contract under this chapter by acceptance of bids, proposals, or quotations. (b) A bid, proposal, or quotation submitted by a trust (as defined in IC 30-4-1-1(a)) must identify each: (1) beneficiary of the trust; and (2) settlo…

Sec. 5. (a) The superintendent of each utility shall: (1) appoint, supervise, and dismiss all employees of the utility; (2) employ unskilled labor when needed, without competitive examination; (3) investigate all claims against the utility; (4) oversee the operation of the utilit…

Sec. 6. (a) The board may purchase, sell, and advertise, for the purpose of sale, load building appliances. (b) Load building appliances shall be designed to be used in: (1) the consumption of the products; or (2) the use of the services; that the utility furnishes or is equipped…

Sec. 7. The board may set up a retirement account for the benefit of the employees and past employees of each utility. The board may provide for the method, manner, and amount of contributions by the utility out of its earnings, reserves, or earned surplus, and by employees if re…

Sec. 8. (a) A municipality owning a utility under this chapter shall furnish reasonably adequate services and facilities. (b) The rates and charges made by a municipality for a service rendered or to be rendered, either directly or in connection therewith, must be nondiscriminato…

Sec. 8.1. (a) As used in this section, "utility" refers to a municipally owned: (1) water utility; (2) wastewater utility; or (3) combined water and wastewater utility; that is not under the jurisdiction of the commission for the approval of rates and charges. (b) As used in this…

Sec. 8.2. (a) As used in this section: (1) "utility"; and (2) "works"; have the meaning set forth for those terms in section 8.1 of this chapter. (b) Owners of property connected or to be connected to and served by the works authorized under this chapter may file a written petiti…

Sec. 8.3. (a) This section applies to a utility that provides service to property located outside the corporate boundaries of the municipality. (b) As used in this section: (1) "utility"; and (2) "works"; have the meaning set forth for those terms in section 8.1 of this chapter. …

Sec. 9. (a) This subsection applies to a municipally owned utility that before June 1, 1987, was taken out of the jurisdiction of the commission for the approval of rates and charges. A utility to which this subsection applies is removed from the jurisdiction of the commission fo…

Sec. 9.1. (a) This section applies to the following: (1) Water utilities that are owned or operated by second class cities. (2) Third class cities. (3) Towns. (b) In addition to section 9 of this chapter, a municipally owned utility to which this section applies may be removed fr…

Sec. 9.5. (a) This section applies to municipally owned utilities that are withdrawn from commission jurisdiction under section 9 of this chapter, including a municipally owned utility described in section 9(a) of this chapter. (b) A municipal legislative body that wants to retur…

Sec. 9.6. (a) This section applies to municipally owned utilities that are withdrawn from commission jurisdiction under section 9.1 of this chapter. (b) The municipal legislative body may adopt an ordinance returning the municipally owned utility to the jurisdiction of the commis…

Sec. 0.5. As used in this chapter, "authority" refers to the Indiana finance authority established by IC 5-1.2-3. As added by P.L.218-2017, SEC.70. Amended by P.L.189-2018, SEC.84.

Sec. 1. As used in this chapter, "cost" (as applied to a tollway or any part of a tollway) includes the following: (1) The cost of construction, including bridges over or under other public roads and railroads. (2) The cost of acquisition of all real property, rights-of-way, righ…