Title 8, TITLE 8. UTILITIES AND TRANSPORTATION

Sec. 8. "Maintenance" includes ordinary maintenance, repair, rehabilitation, capital maintenance, maintenance replacement, and any other categories of maintenance that may be designated by the department. As added by P.L.47-2006, SEC.40.

Sec. 9. "Offeror" means a private entity that has submitted a qualification submittal or a proposal for a public-private agreement under this article. As added by P.L.47-2006, SEC.40.

Sec. 1. Any person, firm, association, corporation, limited liability company, city, town, or public utility adversely affected by any final decision, ruling, or order of the commission may, within thirty (30) days from the date of entry of such decision, ruling, or order, appeal…

Sec. 10. The commission, of its own motion, may certify questions of law to the court of appeals for a decision and determination. Formerly: Acts 1957, c.189, s.10. As amended by P.L.3-1989, SEC.56.

Sec. 11. Nothing in this chapter contained shall be construed to affect the duty or power of the commission to commence and prosecute enforcement proceedings in its own name or the name of the state of Indiana, in the circuit or superior courts of this state, pursuant to the prov…

Formerly: Acts 1957, c.189, s.13. Repealed by P.L.59-1984, SEC.51.

termination of right of appeal Sec. 2. (a) If a petition for rehearing is filed with the commission by a party to the proceeding before the commission, within the time allowed by the rules of the commission, the commission must rule on the petition within a reasonable period of t…

Sec. 4. (a) Within twenty (20) days after the entry or rendition of any final decision, ruling, or order of the commission, or within twenty (20) days after the entry or rendition of any determination of the commission upon a petition for rehearing duly filed pursuant to the rule…

Sec. 5. A copy of any assignment of errors or of cross-errors filed in the court of appeals shall be served by mail, on or before the date of such filing, upon all parties or their attorneys of record as shown by the commission record filed. Copies of briefs shall be served, by m…

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…

injunctions 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 contain…

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…

government powers 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 ra…

engineer 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 …

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…

unobstructed view 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 opera…

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…

zones 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 Unit…

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…

Formerly: Acts 1965, c.37, s.1. As amended by Acts 1980, P.L.74, SEC.220. Repealed by P.L.24-1985, SEC.25(a).

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. There is annually appropriated two hundred fifty thousand dollars ($250,000) from the motor vehicle highway account to the department to develop and maintain a centralized electronic statewide asset management data base that may be used to aggregate data on local road con…

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.

boundaries 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 boundarie…

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…

limitation on amount 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 foll…

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.

class cities; ordinance; creation of utility service board 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 th…

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.…

by trust 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 (…

removal 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 th…

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. 8.1. (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…

commission 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 thi…

approval of rates and charges; procedure 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 f…