Indiana § 8-1.5-3-9 Removal of utility from jurisdiction of commission for approval of
rates and charges; procedure

Indiana Statutes

§ 8-1.5-3-9 — Removal of utility from jurisdiction of commission for approval of rates and charges; procedure

Indiana § 8-1.5-3-9

Art. 1.5MUNICIPAL UTILITIES

Ch. 3Operation of Municipally Owned Utilities Generally

This text of Indiana § 8-1.5-3-9 (Removal of utility from jurisdiction of commission for approval of rates and charges; procedure) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 8-1.5-3-9 (2026).

Text

(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 for approval of the issuance of stocks, bonds, notes, or other evidence of indebtedness.

(b)Except as provided in subsection (a), a municipal legislative body that wants to be taken out of the jurisdiction of the commission for approval of rates and charges and of the issuance of stocks, bonds, notes, or other evidence of indebtedness may submit the following public question to the registered voters of the municipality at the next election in the form prescribed by IC 3-10-9-4: "Shall the municipally owned utility be taken

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(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 for approval of the issuance of stocks, bonds, notes, or
other evidence of indebtedness.
(b) Except as provided in subsection (a), a municipal legislative
body that wants to be taken out of the jurisdiction of the commission
for approval of rates and charges and of the issuance of stocks, bonds,
notes, or other evidence of indebtedness may submit the following
public question to the registered voters of the municipality at the next
election in the form prescribed by IC 3-10-9-4:
"Shall the municipally owned utility be taken out of the
jurisdiction of the utility regulatory commission for approval of
rates and charges and of the issuance of stocks, bonds, notes, or
other evidence of indebtedness?".
(c) A municipal legislative body shall certify the public question to
the county election board of the county that contains the greatest
percentage of population of the municipality under IC 3-10-9-3 and
submit the question under subsection (b) if it receives a petition that:
(1) is signed by at least the number of the registered voters of the
municipality required under IC 3-8-6-3 to place a candidate on the
ballot; and
(2) requests that the municipally owned utility be removed from
the jurisdiction of the commission for approval of rates and
charges and of the issuance of stocks, bonds, notes, or other
evidence of indebtedness.
(d) If a majority of those voting favor taking the municipally owned
utility out of the jurisdiction of the commission, the utility:
(1) is removed from the jurisdiction of the commission for
approval of rates and charges and of the issuance of stocks, bonds,
notes, or other evidence of indebtedness; and
(2) shall mail written notice of the withdrawal from commission
jurisdiction to the commission within thirty (30) days after the
utility's withdrawal.
As added by Acts 1982, P.L.74, SEC.1. Amended by
P.L.124-1987, SEC.1; P.L.23-1988, SEC.62; P.L.10-1988, SEC.217;
P.L.12-1995, SEC.101.