As used in this chapter, "department" means:

1. (1) the Indiana department of transportation established under IC 8-23-2-1 ; or

2. (2) a public highway department that is:

   1. (A) under the political control of a unit (as defined in IC 36-1-2-23 ); and
   2. (B) involved in the construction, maintenance, or repair of a public highway (as defined in IC 9-25-2-4 ).

As added by P.L.12-1991, SEC.1.