Ind. Code § 36-9-30-29 — Indiana Code / Title 36 / Article 9 / Chapter 30 / Section 36-9-30-29
Lease with option to purchase facilities; submission of plans, specifications, and estimates; preliminary engineering design work
Status: in_force

Sec. 29. (a) A lessor corporation proposing to build solid waste disposal facilities, including the necessary equipment and appurtenances, shall, after the execution of the lease, submit to the unit plans, specifications, and estimates for the facilities. The plans and specifications shall be submitted to the Indiana department of health and must be approved in writing by the state department and by the unit before the execution of the lease.

(b) This section does not prohibit the unit from contracting for the preliminary engineering design work necessary to initiate the planning and engineering of the solid waste disposal facilities, and making provisions for payment for these services.

[Pre-Local Government Recodification Citation: 19-2-1-22.]

As added by Acts 1981, P.L.309, SEC.106. Amended by P.L.2-1992, SEC.895; P.L.56-2023, SEC.339.
Ind. Code § 36-7-4-105 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-105
Repealed
Status: repealed

[Pre-Local Government Recodification Citations: 18-7-4-121; 18-7-5-4.]

As added by Acts 1981, P.L.309, SEC.23. Repealed by Acts 1981, P.L.310, SEC.94.
Ind. Code § 36-9-29.1-12 — Indiana Code / Title 36 / Article 9 / Chapter 29.1 / Section 36-9-29.1-12
Flood control district bonds
Status: in_force

Sec. 12. (a) For the purpose of raising money to pay for the property and the construction, and in anticipation of the special tax to be levied as provided in section 14 of this chapter, the board may cause to be issued, in the name of the consolidated city, the bonds of the flood control district, not to exceed the amount of the estimated total cost of all lands, rights-of-way, and other property so to be acquired and the estimated cost of all work or construction as provided for in the resolution, and including all expenses necessarily incurred in connection with the proceedings, together with a sum sufficient to pay the cost of supervision and inspection during the period of construction of the work.

(b) The expenses to be covered in the amount of the bond issue must include all expenses of every kind actually incurred preliminary to the acquiring of the property and the construction of the work, such as the cost of necessary records, engineering expenses, publication of notices, salaries, and other expenses necessary to be incurred before and in connection with the acquiring of the property, the amending of the contract, and the sale of bonds.

(c) In case different parcels of land are to be acquired, or more than one (1) contract for work is amended, at approximately the same time, whether under one (1) or more resolutions, the board may provide for the estimated total cost of these items in one (1) issue of bonds.

(d) The bonds shall be issued in accordance with IC 36-3-5-8.

(e) The bonds are negotiable instruments and bear interest payable semiannually, on the first days of January and July of each year, with the first interest to be payable on July 1 preceding the maturity of the first series of the bonds.

(f) On adopting a resolution ordering the bonds, the board shall certify a copy of it to the fiscal officer of the consolidated city, who shall prepare the bonds. The bonds shall be executed by the city executive and attested by the fiscal officer.

(g) The bonds are exempt from taxation as provided by IC 6-8-5.

(h) All bonds issued by the board shall be sold by the city fiscal officer in accordance with IC 5-1-11.

(i) Bonds of the flood control district payable by special taxation may not be issued when the total issue for that purpose, including the bonds already issued and to be issued, exceeds two percent (2%) of the adjusted value of the taxable property within the district as determined under IC 36-1-15. All bonds or obligations issued in violation of this subsection are void.

(j) The bonds are not, in any respect, a corporate obligation or indebtedness of the consolidated city, but constitute an indebtedness of the flood control district as a special taxing district, and the bonds and interest on them are payable only out of a special tax levy upon all the property of the district. The bonds must recite these terms upon their face, together with the purpose for which they are issued.

(k) An action to question the validity of any bonds issued for the flood control district or to prevent their issue must be brought before the date set for the sale of the bonds, and all bonds, from and after that date, are incontestable for any reason.

As added by Acts 1982, P.L.77, SEC.24. Amended by P.L.27-1986, SEC.7; P.L.6-1997, SEC.228.
Ind. Code § 36-7-30-33.5 — Indiana Code / Title 36 / Article 7 / Chapter 30 / Section 36-7-30-33.5
Legalization of certain contracts, agreements, and arrangements
Status: in_force

Sec. 33.5. A contract, agreement, or arrangement executed before April 23, 1997, by a municipal utility with any entity regarding services provided in the same manner as services provided under section 33 of this chapter, as in effect on April 23, 1997, is legalized and made valid, and the contract, agreement, or arrangement is not subject to challenge.

As added by P.L.220-2011, SEC.665.
Ind. Code § 36-7-31.3-18 — Indiana Code / Title 36 / Article 7 / Chapter 31.3 / Section 36-7-31.3-18
Warrants
Status: in_force

Sec. 18. All distributions from the professional sports and convention development area fund for the county shall be made by warrants issued by the state comptroller to the treasurer of state ordering those payments to the county treasurer.

As added by P.L.255-1997(ss), SEC.20. Amended by P.L.9-2024, SEC.552.
Ind. Code § 36-9-13-17 — Indiana Code / Title 36 / Article 9 / Chapter 13 / Section 36-9-13-17
Trustees and directors; actions resulting in vacation of office
Status: in_force

Sec. 17. A trustee or director vacates the trustee's or director's office if the trustee or director does any of the following:

(1) The trustee or director ceases to be a resident of the county.

(2) The trustee or director becomes an officer or employee of an eligible entity. However, a director does not vacate the director's office by becoming a township executive.

[Pre-Local Government Recodification Citations: 19-8-4-4 part; 19-8-4-5 part.]

As added by Acts 1981, P.L.309, SEC.86. Amended by P.L.127-2017, SEC.308; P.L.162-2021, SEC.12.
Ind. Code § 36-9-29-28 — Indiana Code / Title 36 / Article 9 / Chapter 29 / Section 36-9-29-28
Flood control district construction fund
Status: in_force

Sec. 28. (a) The county treasurer shall keep all proceeds from the sale of bonds under this chapter in a separate fund designated as the "__________ flood control district construction fund". The fund shall be used only to pay the costs listed in section 23(b) of this chapter. Any money remaining out of the proceeds of the bonds after all of the costs are paid shall be paid into the district bond fund established under section 30 of this chapter.

(b) The flood control board shall approve and order all payments made from the flood control district construction fund, and shall determine the amounts and times of the payments. However, a payment to a contractor may not exceed eighty percent (80%) of the district engineer's estimate of work done by the contractor, and the whole amount of a contract may not be paid until all work to be done under the contract has been accepted by the board as fully completed in accordance with the plans and specifications.

[Pre-Local Government Recodification Citation: 19-4-18-15 part.]

As added by Acts 1981, P.L.309, SEC.105.
Ind. Code § 36-4-1-1.1 — Indiana Code / Title 36 / Article 4 / Chapter 1 / Section 36-4-1-1.1
Change of status to second class city
Status: in_force

Sec. 1.1. (a) Except as provided in subsection (b), a third class city remains a third class city even though the city attains a population of at least thirty-four thousand (34,000) at a federal decennial census.

(b) The legislative body of a city to which subsection (a) applies may, by ordinance, adopt second class city status.

As added by P.L.209-1999, SEC.1. Amended by P.L.56-2022, SEC.4.
Ind. Code § 36-1-6-6 — Indiana Code / Title 36 / Article 1 / Chapter 6 / Section 36-1-6-6
Repealed
Status: repealed

[Pre-Local Government Recodification Citations: 17-2-2.5-9(c); 18-5-12.5-2.]

As added by Acts 1980, P.L.211, SEC.1. Repealed by Acts 1981, P.L.108, SEC.40.
Ind. Code § 36-7-38-4.5 — Indiana Code / Title 36 / Article 7 / Chapter 38 / Section 36-7-38-4.5
Boards of land banks made up of two or more eligible units
Status: in_force

Sec. 4.5. (a) This section applies to the board of a land bank established under section 2(b) of this chapter.

(b) The interlocal agreement providing for the establishment of the land bank must specify:

(1) subject to section 4(a) of this chapter, the number of directors of the board of the land bank;

(2) any directors that are to serve as ex officio directors of the board; and

(3) for each director of the board that is to be appointed, the appointing authority.

As added by P.L.26-2020, SEC.6.
Ind. Code § 36-9-40-22 — Indiana Code / Title 36 / Article 9 / Chapter 40 / Section 36-9-40-22
County auditor notice of assessment to affected person; installment payments
Status: in_force

Sec. 22. (a) Upon receipt of the primary assessment, the county auditor shall by mail notify the affected person of the amount of the assessment against the person's property.

(b) The notice must state the following:

(1) That the amount is due not later than thirty (30) days after the approval of the assessment by the works board.

(2) That a person who desires to pay the person's assessment by installments must enter into a written agreement under subsection (c) before the due date.

(c) A person who desires to pay the person's assessment in twenty (20) equal semiannual installments must before the due date enter into a written agreement stating that in consideration of that privilege the person:

(1) will not make an objection to an illegality or irregularity regarding the assessment against the person's property; and

(2) will pay the assessment as required by law with specified interest.

(d) The agreement under subsection (c) shall be filed in the office of the county auditor. If a property owner elects to pay the property owner's assessments in installments, the assessment shall be entered for collection on the duplicate, shall have the same priority and rights, and shall be collected in the same manner as other taxes.

(e) The interest rate for the installments of the assessment is the interest rate established in IC 6-1.1-37-9.

(f) An assessment of less than one hundred dollars ($100) may not be paid in installments.

As added by P.L.7-2002, SEC.1.
Ind. Code § 36-4-3-15.3 — Indiana Code / Title 36 / Article 4 / Chapter 3 / Section 36-4-3-15.3
Prohibition against annexation; settlement agreement
Status: in_force

Sec. 15.3. (a) As used in this section, "prohibition against annexation" means that a municipality may not make further attempts to annex certain territory or any part of that territory.

(b) As used in this section, "settlement agreement" means a written court approved settlement of a dispute involving annexation under this chapter between a municipality and remonstrators.

(c) Under a settlement agreement between the annexing municipality and either:

(1) seventy-five percent (75%) or more of all landowners participating in the remonstrance; or

(2) the owners of more than seventy-five percent (75%) in assessed valuation of the land owned by all landowners participating in the remonstrance;

the parties may mutually agree to a prohibition against annexation of all or part of the territory by the municipality for a period not to exceed twenty (20) years. The settlement agreement may address issues and bind the parties to matters relating to the provision by a municipality of planned services of a noncapital nature and services of a capital improvement nature (as described in section 13(d) of this chapter), in addition to a prohibition against annexation. The settlement agreement is binding upon the successors, heirs, and assigns of the parties to the agreement. However, the settlement agreement may be amended or revised periodically on further agreement between the annexing municipality and landowners who meet the qualifications of subdivision (1) or (2).

As added by P.L.300-1989, SEC.1. Amended by P.L.156-2020, SEC.138.
Ind. Code § 36-1-9.5-40 — Indiana Code / Title 36 / Article 1 / Chapter 9.5 / Section 36-1-9.5-40
Loan guarantees and commitments of applicant; effect upon net current assets
Status: in_force

Sec. 40. If an applicant has guaranteed loans of any person or any entity, has used assets as security for the guaranteed loans, or has made other guarantees or commitments of activities of any person or any entity, an entity may reduce or adjust the applicant's net current assets if the entity determines that the guaranteed loans other guarantees or commitments are significant when considered with the applicant's statement of financial condition.

As added by P.L.85-1991, SEC.3.
Ind. Code § 36-8-5-8 — Indiana Code / Title 36 / Article 8 / Chapter 5 / Section 36-8-5-8
Reinstatement after termination of military service
Status: in_force

Sec. 8. (a) A police officer or firefighter desiring to return to service in the police or fire department shall report to the person responsible for regulating and employing members of the department. This action must be taken within sixty (60) days after a discharge under conditions other than conditions set forth in IC 10-17-12-8.1(2) from military service or government war work.

(b) Within fifteen (15) days after the police officer or firefighter reports to the department, the police officer or firefighter shall be placed on duty at the rank held at the time of entering military service or government war work.

(c) If a member of the police or fire department is refused a proper assignment under subsection (b), the member of the police or fire department may file an action in the circuit court, superior court, or probate court of the county in the manner prescribed by IC 36-8-3-4.

[Pre-Local Government Recodification Citations: subsection (a) formerly 19-1-4-10; subsection (b) formerly 19-1-4-11; subsection (c) formerly 19-1-4-12.]

As added by Acts 1981, P.L.309, SEC.54. Amended by P.L.84-2016, SEC.181; P.L.238-2025, SEC.95; P.L.94-2026, SEC.89.
Ind. Code § 36-10-11-11 — Indiana Code / Title 36 / Article 10 / Chapter 11 / Section 36-10-11-11
Preliminary expenses; payment; reimbursement
Status: in_force

Sec. 11. (a) All necessary preliminary expenses actually incurred in the:

(1) making of surveys;

(2) estimates of cost and receipts;

(3) employment of engineers or other employees;

(4) giving of notices;

(5) taking of options; and

(6) all other expenses necessary to be paid before the issue and delivery of bonds or the negotiation of the loan under this chapter;

may be met and paid out of funds provided by the city from funds on hand or derived from taxes levied for that purpose.

(b) The funds of the city from which payments are made shall be fully reimbursed and repaid by the board out of the first proceeds of the sale of bonds or the loan negotiated by the authority before any other disbursements are made. The amount advanced shall be a first charge against the proceeds resulting from the sale of the bonds or the negotiation of the loan until the loan has been repaid.

As added by Acts 1982, P.L.218, SEC.5.
Ind. Code § 36-7-30.2-4 — Indiana Code / Title 36 / Article 7 / Chapter 30.2 / Section 36-7-30.2-4
"Installation"
Status: in_force

Sec. 4. As used in this chapter, "installation" means the following military installations:

(1) Naval Support Activity Crane.

(2) Lake Glendora Test Facility.

(3) Grissom Air Reserve Base.

As added by P.L.43-2023, SEC.4.
Ind. Code § 36-1-20-1.2 — Indiana Code / Title 36 / Article 1 / Chapter 20 / Section 36-1-20-1.2
"Rental registration or inspection program"
Status: in_force

Sec. 1.2. As used in this chapter, "rental registration or inspection program" means a program authorizing the registration or inspection of only rental housing. The term does not include a general housing registration or inspection program or a registration or inspection program that applies only to rooming houses and hotels.

As added by P.L.65-2015, SEC.1.
Ind. Code § 36-12-13-1 — Indiana Code / Title 36 / Article 12 / Chapter 13 / Section 36-12-13-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to Indiana and any state bordering Indiana that joins in the interstate library compact.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-11-1.]

As added by P.L.1-2005, SEC.49.
Ind. Code § 36-6-1.1-3 — Indiana Code / Title 36 / Article 6 / Chapter 1.1 / Section 36-6-1.1-3
Legalization of certain actions occurring before April 3, 1985
Status: in_force

Sec. 3. Any action occurring before April 3, 1985, that failed to recognize a township boundary alteration to which this chapter applies is legalized and validated.

As added by P.L.220-2011, SEC.655.
Ind. Code § 36-7.6-1-12 — Indiana Code / Title 36 / Article 7.6 / Chapter 1 / Section 36-7.6-1-12
"Project"
Status: in_force

Sec. 12. "Project" means an airport authority project, a commuter transportation district project, an economic development project, a regional transportation authority project, an intermodal transportation project, a regional trail or greenway project, or any project that enhances a region with the goal of attracting people or business.

As added by P.L.232-2007, SEC.7. Amended by P.L.178-2015, SEC.6.
Ind. Code § 36-2-5-6 — Indiana Code / Title 36 / Article 2 / Chapter 5 / Section 36-2-5-6
Court clerks to estimate amounts needed for each court; expenses of cases tried in other counties; approval by judge
Status: in_force

Sec. 6. (a) Before the Thursday after the first Monday in August of each year, each clerk of a court in the county shall prepare a separate estimate of the amount of money required for each court for which the clerk is responsible for the next calendar year. If a court has two (2) or more judges who preside in separate rooms or over separate divisions, the clerk shall prepare a separate itemized estimate for court expenses in each room or division. Each clerk's budget estimate must include:

(1) the part of the judge's compensation that is, by statute, payable out of the county treasury;

(2) the compensation of the probate commissioner;

(3) the expense of employing bailiffs;

(4) the amount of jury fees;

(5) the amount of witness fees that are, by law, payable out of the county treasury;

(6) the expense of employing special judges; and

(7) other expenses of the court, specifically itemized.

(b) In addition to the estimates required by subsection (a), the clerk of the circuit court shall prepare an estimate of the amount of money that is, under law, taxable against the county for the expenses of cases tried in other counties on changes of venue.

(c) The estimate of the amount of money required for a court or division of a court is subject to modification and approval by the judge of the court or division and shall be submitted to the judge for that purpose before being presented to the county auditor.

[Pre-Local Government Recodification Citations: 17-1-24-15 part; 17-1-24-17.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.24.
Ind. Code § 36-9-4-30 — Indiana Code / Title 36 / Article 9 / Chapter 4 / Section 36-9-4-30
Board of directors; power to acquire, hold, and dispose of property
Status: in_force

Sec. 30. The board of directors of a public transportation corporation may:

(1) acquire by grant, purchase, gift, lease, or otherwise; and

(2) hold, use, sell, lease, or dispose of;

real and personal property, licenses, patents, rights, and interests necessary or convenient for the exercise of its powers under this chapter.

[Pre-Local Government Recodification Citation: 19-5-2-22 part.]

As added by Acts 1981, P.L.309, SEC.77.
Ind. Code § 36-6-9-6 — Indiana Code / Title 36 / Article 6 / Chapter 9 / Section 36-6-9-6
Procedure for plan adoption
Status: in_force

Sec. 6. A township must adopt a capital improvement plan that meets the requirements of this chapter. The township trustee shall prepare the plan, and the township board shall hold a public hearing on a proposed or amended plan, before the township board adopts the plan.

As added by P.L.129-2019, SEC.4.
Ind. Code § 36-7-11.3-7 — Indiana Code / Title 36 / Article 7 / Chapter 11.3 / Section 36-7-11.3-7
"Occupant" defined
Status: in_force

Sec. 7. As used in this chapter, "occupant" means a person:

(1) occupying:

(A) under a written lease; or

(B) as an owner; and

(2) using for residential purposes;

a single family or double family residential dwelling located upon primary or secondary property.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-2 part.]

As added by P.L.1-1995, SEC.84.
Ind. Code § 36-8-1-8 — Indiana Code / Title 36 / Article 8 / Chapter 1 / Section 36-8-1-8
"Member of the fire department"
Status: in_force

Sec. 8. "Member of the fire department" means the fire chief or a firefighter appointed to the department.

[Pre-Local Government Recodification Citations: 19-1-3-1 part; 19-1-36.5-1 part; 19-1-38-1.]

As added by Acts 1981, P.L.309, SEC.47.
Ind. Code § 36-2-3-7 — Indiana Code / Title 36 / Article 2 / Chapter 3 / Section 36-2-3-7
Meetings; location; duties; special meetings; notice; emergency meetings
Status: in_force

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027.

Sec. 7. (a) The fiscal body shall hold its meetings in the county seat, in the county auditor's office, or in another location provided by the county executive and approved by the fiscal body.

(b) The fiscal body:

(1) shall hold a regular meeting in January after its election, for the purpose of organization and other business;

(2) shall hold a regular meeting annually, as prescribed by IC 6-1.1-17, to adopt the county's annual budget and tax rate;

(3) may hold a special meeting under subsection (c) or (d); and

(4) in the case of a county subject to IC 36-2-3.5, shall hold meetings at a regularly scheduled time each month that does not conflict with the meetings of the county executive.

(c) A special meeting of the fiscal body may be called:

(1) by the county auditor or the president of the fiscal body; or

(2) by a majority of the members of the fiscal body.

At least forty-eight (48) hours before the meeting, the auditor, president, or members calling the meeting shall give written notice of the meeting to each member of the fiscal body and publish, at least one (1) day before the meeting, the notice in accordance with IC 5-3-1-4. This subsection does not apply to a meeting called to deal with an emergency under IC 5-14-1.5-5.

(d) If a court orders the county auditor to make an expenditure of county money for a purpose for which an appropriation has not been made, the auditor shall immediately call an emergency meeting of the fiscal body to discuss the matter. Notwithstanding subsection (c), the meeting must be held within three (3) working days of the receipt of the order by the auditor, and notice of the meeting day, time, and places is sufficient if:

(1) given by telephone to the members of the fiscal body; and

(2) given according to IC 5-14-1.5.

[Pre-Local Government Recodification Citations: 17-1-24-6 part; 17-1-24-6.5; 17-1-28-7 part.]

As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1980, P.L.125, SEC.19; Acts 1981, P.L.11, SEC.146; Acts 1981, P.L.17, SEC.13; Acts 1982, P.L.33, SEC.17.
Ind. Code § 36-2-14-7 — Indiana Code / Title 36 / Article 2 / Chapter 14 / Section 36-2-14-7
Service of physician; payment
Status: in_force

Sec. 7. If a physician is required to attend an investigation and make a post mortem examination, the coroner shall certify this service to the county executive, which shall order payment for the physician from the county treasury.

[Pre-Local Government Recodification Citation: 17-3-17-5.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.95; P.L.75-2026, SEC.4.
Ind. Code § 36-8-2.1-4 — Indiana Code / Title 36 / Article 8 / Chapter 2.1 / Section 36-8-2.1-4
Rights of public safety officer
Status: in_force

Sec. 4. A public safety officer has at least the rights set forth in this chapter.

As added by P.L.271-2019, SEC.1. Amended by P.L.33-2020, SEC.6.
Ind. Code § 36-7-30.5-17 — Indiana Code / Title 36 / Article 7 / Chapter 30.5 / Section 36-7-30.5-17
Adoption of resolution
Status: in_force

Sec. 17. (a) After adoption of a resolution under section 16 of this chapter, the development authority shall submit the resolution and supporting data to the plan commission of an affected unit or other body charged with the duty of developing a general plan for the unit, if there is such a body. The plan commission may determine whether the resolution and the development plan conform to the plan of development for the unit and approve or disapprove the resolution and plan proposed. The development authority may amend or modify the resolution and proposed plan to conform to the requirements of a plan commission. A plan commission shall issue a written order approving or disapproving the resolution and military base development plan, and may with the consent of the development authority rescind or modify the order.

(b) The determination that a geographic area is a military base development area must be approved by an affected unit's legislative body.

(c) After receipt of all orders and approvals required under subsections (a) and (b), the development authority shall publish notice of the adoption and the substance of the resolution in accordance with IC 5-3-1. The notice must name a date when the development authority will receive and hear remonstrances and objections from persons interested in or affected by the proceedings concerning the proposed project and will determine the public utility and benefit of the proposed project. All persons affected in any manner by the hearing shall be considered notified of the pendency of the hearing and of subsequent acts, hearings, adjournments, and orders of the development authority by the notice given under this section.

(d) At the hearing under subsection (c), which may be adjourned from time to time, the development authority shall:

(1) hear all persons interested in the proceedings; and

(2) consider all written remonstrances and objections that have been filed.

After considering the evidence presented, the development authority shall take final action determining the public utility and benefit of the proposed project, and confirming, modifying and confirming, or rescinding the resolution. The final action taken by the development authority is final and conclusive, except that an appeal may be taken in the manner prescribed by section 19 of this chapter.

(e) If the development authority confirms, or modifies and confirms, the resolution and the resolution includes a provision establishing or amending an allocation provision under section 30 of this chapter, the development authority shall file a copy of the resolution with both the auditor of the county in which the proposed project is located and the department of local government finance, together with any supporting documents that are relevant to the computation of assessed values in the allocation area, within thirty (30) days after the date on which the development authority takes final action on the resolution.

As added by P.L.203-2005, SEC.11. Amended by P.L.214-2019, SEC.49; P.L.257-2019, SEC.139.
Ind. Code § 36-7-4-1339 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1339
Declaratory relief; challenge of ordinance
Status: in_force

Sec. 1339. (a) This section applies to a person having an interest in real property that may be subject to an impact fee ordinance if the development occurs on the property.

(b) A person may seek to:

(1) have a court determine under IC 34-26-1 any question of construction or validity arising under the impact fee ordinance; and

(2) obtain a declaration of rights, status, or other legal relations under the ordinance.

(c) The validity of an impact fee ordinance adopted by a unit or the validity of the application of the ordinance in a specific impact zone may be challenged under this section on any of the following grounds:

(1) The unit has not provided for a zone improvement plan in the unit's comprehensive plan.

(2) The unit did not prepare or substantially update the unit's zone improvement plan in the year preceding the adoption of the impact fee ordinance.

(3) The unit has not identified the revenue sources the unit intends to use to implement the zone improvement plan, if identification of the revenue sources is required under section 1318(c) of this chapter.

(4) The unit has not complied with the requirements of section 1318(f) of this chapter.

(5) The unit has not made adequate revenue available to complete infrastructure improvements identified in the unit's zone improvement plan.

(6) The impact fee ordinance imposes fees on new development that will not create a need for additional infrastructure.

(7) The impact fee ordinance imposes on new development fees that are excessive in relation to the infrastructure needs created by the new development.

(8) The impact fee ordinance does not allow for reasonable credits to fee payers.

(9) The unit imposed a prohibition or delay on new development to enable the unit to complete the adoption of an impact fee ordinance.

(10) The unit otherwise fails to comply with this series in the adoption of an impact fee ordinance.

As added by P.L.221-1991, SEC.40. Amended by P.L.1-1998, SEC.206.
Ind. Code § 36-7-9-20 — Indiana Code / Title 36 / Article 7 / Chapter 9 / Section 36-7-9-20
Appointment of receiver; conditions; rehabilitation of property by owner, mortgagee, or person with substantial interest
Status: in_force

Sec. 20. (a) A court acting under section 17 of this chapter may appoint a receiver for the unsafe premises, subject to the following conditions:

(1) The purpose of the receivership must be to take possession of the unsafe premises for a period sufficient to accomplish and pay for repairs and improvements.

(2) The receiver may be a nonprofit corporation the primary purpose of which is the improvement of housing conditions in the county where the unsafe premises are located, or may be any other capable person residing in the county.

(3) Notwithstanding any prior assignments of the rents and other income of the unsafe premises, the receiver must collect and use that income to repair or remove the defects as required by the order, and may, upon approval by the court, make repairs and improvements in addition to those specified in the order or required by applicable statutes, ordinances, codes, or regulations.

(4) The receiver may make any contracts and do all things necessary to accomplish the repair and improvement of the unsafe premises.

(5) A receiver that expends money, performs labor, or furnishes materials or machinery, including the leasing of equipment or tools, for the repair of an unsafe premises may have a lien that is equal to the total expended. When a lien exists, the receiver may sell the property:

(A) to the highest bidder at auction under the same notice and sale provisions applicable to a foreclosure sale of mechanic's liens or mortgages; or

(B) for fair market value if all persons having a substantial property interest in the unsafe premises agree to the amount and procedure.

The transferee in either a public or private sale must first demonstrate the necessary ability and experience to rehabilitate the premises within a reasonable time to the satisfaction of the receiver.

(6) The court may, after a hearing, authorize the receiver to obtain money needed to accomplish the repairs and improvement by the issuance and sale of notes or receiver's certificates to the receiver or any other person or party bearing interest fixed by the court. The notes or certificates are a first lien on the unsafe premises and the rents and income of the unsafe building. This lien is superior to all other assignments of rents, liens, mortgages, or other encumbrances on the property, except taxes, if, within sixty (60) days following the sale or transfer for value of the notes by the receiver, the holder of the notes files a notice containing the following information in the county recorder's office:

(A) The legal description of the tract of real property on which the unsafe building is located.

(B) The face amount and interest rate of the note or certificate.

(C) The date when the note or certificate was sold or transferred by the receiver.

(D) The date of maturity.

(7) Upon payment to the holder of a receiver's note or certificate of the face amount and interest, and upon filing in the recorder's office of a sworn statement of payment, the lien of that note or certificate is released. Upon a default in payment on a receiver's note or certificate, the lien may be enforced by proceedings to foreclose in the manner prescribed for mechanic's liens or mortgages. However, the foreclosure proceedings must be commenced within two (2) years after the date of default.

(8) The receiver is entitled to the same fees, commissions, and necessary expenses as receivers in actions to foreclose mortgages. The fees, commissions, and expenses shall be paid out of the rents and incomes of the property in receivership.

(b) The issuance of an order concerning unsafe premises is not a prerequisite to the appointment of a receiver nor does such an order prevent the appointment of a receiver.

(c) If the enforcement authority or the enforcement authority's designee requests the appointment of a receiver, all persons having a substantial property interest in the unsafe premises shall be made party defendants.

(d) A court, when granting powers and duties to a receiver, shall consider:

(1) the occupancy of the unsafe premises;

(2) the overall condition of the property;

(3) the hazard to public health, safety, and welfare;

(4) the number of persons having a substantial property interest in the unsafe premises; and

(5) other factors the court considers relevant.

(e) Instead of appointing a receiver to sell or rehabilitate an unsafe premises, the court may permit an owner, a mortgagee, or a person with substantial interest in the unsafe premises to rehabilitate the premises if the owner, mortgagee, or person with substantial interest:

(1) demonstrates ability to complete the rehabilitation within a reasonable time, but not to exceed sixty (60) days;

(2) agrees to comply within a specified schedule for rehabilitation; and

(3) posts a bond as security for performance of the required work in compliance with the specified schedule in subdivision (2).

[Pre-Local Government Recodification Citation: 18-5-5.5-19 part.]

As added by Acts 1981, P.L.309, SEC.28. Amended by P.L.31-1994, SEC.16; P.L.177-2003, SEC.8.
Ind. Code § 36-8-8-1.2 — Indiana Code / Title 36 / Article 8 / Chapter 8 / Section 36-8-8-1.2
"Airport authority"
Status: in_force

Sec. 1.2. As used in this chapter, "airport authority" refers to an airport authority established under IC 8-22-3.

As added by P.L.102-2023, SEC.5.
Ind. Code § 36-1-20-3.6 — Indiana Code / Title 36 / Article 1 / Chapter 20 / Section 36-1-20-3.6
Adoption or enforcement of an ordinance, resolution, regulation, policy, or rule concerning use of property as rental property
Status: in_force

Sec. 3.6. (a) Except as provided in subsections (c) and (d), a unit may not adopt or enforce an ordinance, resolution, regulation, policy, or rule that:

(1) prohibits or restricts an owner of a privately owned residential property from using the property as a rental property; or

(2) has the effect of prohibiting or restricting the use of property as a rental property.

(b) This section does not prohibit a unit from enforcing any:

(1) generally applicable health and safety regulations;

(2) building codes, fire codes, or reasonable occupancy standards; or

(3) registration or inspection requirements set forth in this chapter, provided the requirements do not operate to impose a cap or limit described in subsection (a).

(c) A unit that has adopted an ordinance, resolution, regulation, policy, or rule before January 1, 2026, other than an ordinance, resolution, regulation, policy, or rule described in subsection (d), that does not comply with subsection (a) is exempt from the provisions of this section until January 1, 2028, at which time a unit described in this subsection shall comply with this section.

(d) A unit that has adopted a short term rental ordinance, resolution, regulation, policy, or rule before January 1, 2018, in compliance with IC 36-1-24 (as enacted in HEA 1035-2018) is exempt from this section.

As added by P.L.157-2026, SEC.229.
Ind. Code § 36-10-8-9 — Indiana Code / Title 36 / Article 10 / Chapter 8 / Section 36-10-8-9
Deposit of net income from operation of capital improvements
Status: in_force

Sec. 9. The net income received by the board from the operation of capital improvements under this chapter shall be deposited semiannually on June 1 and December 1 in the capital improvement fund provided in section 12 of this chapter. However, if there are bonds outstanding, the net income from the convention center shall be deposited in the capital improvement bond fund provided in section 13 of this chapter.

As added by Acts 1982, P.L.218, SEC.3.
Ind. Code § 36-1-12.7-5 — Indiana Code / Title 36 / Article 1 / Chapter 12.7 / Section 36-1-12.7-5
Repealed
Status: repealed

As added by P.L.159-2003, SEC.3. Repealed by P.L.233-2015, SEC.333.
Ind. Code § 36-5-6-3 — Indiana Code / Title 36 / Article 5 / Chapter 6 / Section 36-5-6-3
Residency; term of office
Status: in_force

Sec. 3. (a) The clerk-treasurer must reside within the town as provided in Article 6, Section 6 of the Constitution of the State of Indiana. The clerk-treasurer forfeits office if the clerk-treasurer ceases to be a resident of the town. An individual who resides in territory that is annexed by the town before the election is considered a resident of the town for purposes of this subsection, even if the annexation took effect less than one (1) year before the election.

(b) Except as provided in subsection (c), (d), (e), or (f), the term of office of the clerk-treasurer is four (4) years, beginning at noon January 1 after election and continuing until a successor is elected and qualified.

(c) The term of office of a clerk-treasurer elected under IC 36-5-1-10.1 following the incorporation of the town:

(1) begins at noon November 30 following the election; and

(2) continues until noon January 1 following the next municipal election scheduled under IC 3-10-6-5 or IC 3-10-7-6 and until the clerk-treasurer's successor is elected and qualified.

(d) The term of office of a clerk-treasurer subject to an ordinance described by IC 3-10-6-2.6 is:

(1) one (1) year if the clerk-treasurer is elected at the next municipal election not conducted in a general election year; and

(2) four (4) years for the successors of the clerk-treasurer described in subdivision (1);

beginning at noon January 1 after the clerk-treasurer's election and continuing until the clerk-treasurer's successor is elected and qualified.

(e) The term of office of a clerk-treasurer subject to an ordinance described by IC 3-10-7-2.7 is:

(1) three (3) years if the clerk-treasurer is elected at the next municipal election not conducted in a general election year; and

(2) four (4) years for the successors of the clerk-treasurer described in subdivision (1);

beginning noon January 1 after the clerk-treasurer's election and continuing until the clerk-treasurer's successor is elected and qualified.

(f) The term of office of a clerk-treasurer subject to an ordinance described by IC 3-10-7-2.9 is:

(1) the term of office provided by the ordinance, not to exceed four (4) years, for the clerk-treasurer elected in the first election cycle after adoption of the ordinance; and

(2) four (4) years for the successors of the clerk-treasurer described in subdivision (1).

[Pre-Local Government Recodification Citation: 18-3-1-16 part.]

As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.3-1987, SEC.562; P.L.3-1993, SEC.277; P.L.4-1996, SEC.104; P.L.109-2015, SEC.61; P.L.56-2022, SEC.6.
Ind. Code § 36-10-3-3.1 — Indiana Code / Title 36 / Article 10 / Chapter 3 / Section 36-10-3-3.1
Creation of county department; authority to adopt ordinance; alteration of board membership; amendment of ordinance
Status: in_force

Sec. 3.1. (a) This section applies to all counties.

(b) As used in this section, "ordinance" means an ordinance that creates a department in accordance with section 3 of this chapter.

(c) This section may not be construed to allow for the creation of more than one (1) county board in a county.

(d) An ordinance may be adopted as follows:

(1) The county fiscal body may adopt an ordinance before January 1, 2020.

(2) The county executive may adopt an ordinance after December 31, 2019, if the county fiscal body:

(A) has not adopted an ordinance; or

(B) has repealed the ordinance.

An ordinance must establish the new department and provide for the transfers to the new department as set forth in section 3(a) and 3(b) of this chapter. The ordinance must provide for the appointment of a county board in accordance with section 4.2 of this chapter.

(e) This subsection applies to an ordinance that is in effect on June 30, 2019. The ordinance is unchanged unless amended or repealed by the county fiscal body. The county board continues to be composed of the members described in section 4(d) through 4(h) of this chapter, unless the county fiscal body amends the ordinance as to the composition of the county board. Any amendments to the ordinance as to the composition of the county board must comply with section 4.2 of this chapter.

(f) The county executive may not repeal or amend an ordinance adopted by the county fiscal body. If the county fiscal body repeals the ordinance, an ordinance establishing a new department may be adopted by the county fiscal body or county executive, whichever is appropriate, within the time periods set forth in subsection (d).

As added by P.L.75-2019, SEC.2.
Ind. Code § 36-7-31.5-12 — Indiana Code / Title 36 / Article 7 / Chapter 31.5 / Section 36-7-31.5-12
Distribution of taxes from fund
Status: in_force

Sec. 12. On or before the twentieth day of each month, all amounts on deposit in the additional professional sports development area fund for the county are appropriated for and shall be distributed to the capital improvement board.

As added by P.L.109-2019, SEC.16.
Ind. Code § 36-4-3-11.1 — Indiana Code / Title 36 / Article 4 / Chapter 3 / Section 36-4-3-11.1
Filing of remonstrance with county auditor; notice; locations for signing remonstrance
Status: in_force

Sec. 11.1. (a) This section applies only to an annexation ordinance adopted after June 30, 2015.

(b) After a municipality adopts an annexation ordinance in accordance with all applicable notice and hearing requirements under this chapter, the annexation may not proceed unless the annexing municipality completes the procedures set forth in this section.

(c) The proper officers of the municipality must give notice of the applicability of the remonstrance process by providing notice by:

(1) publication in accordance with IC 5-3-1; and

(2) first class mail or certified mail with return receipt requested, or any other means of delivery that includes a return receipt;

to the circuit court clerk and to owners of real property described in section 2.2 of this chapter. Notice under this section must be published and mailed or delivered on the same date that notice of the adoption of the annexation ordinance is published under section 7 of this chapter.

(d) The notice of the applicability of the remonstrance process under subsection (c) must state the following:

(1) Any owners of real property within the area proposed to be annexed who want to remonstrate against the proposed annexation must complete and file remonstrance petitions in compliance with this chapter. The notice must state:

(A) that remonstrance petitions must be filed not later than ninety (90) days after the date that notice of the adoption of the annexation ordinance was published under section 7 of this chapter; and

(B) the last date in accordance with clause (A) that remonstrance petitions must be filed with the county auditor to be valid.

(2) A remonstrance petition may be signed at the locations provided by the municipality under subsection (e). The notice must provide the following information regarding each location:

(A) The address of the location.

(B) The dates and hours during which a remonstrance petition may be signed at the location.

(e) Beginning the day after publication of the notice under subsection (c) and ending not later than ninety (90) days after publication of the notice under subsection (c), the municipality shall provide both of the following:

(1) At least one (1) location in the offices of the municipality where a person may sign a remonstrance petition during regular business hours.

(2) At least one (1) additional location that is available for at least five (5) days, where a person may sign a remonstrance petition. The location must meet the following requirements:

(A) The location must be in a public building:

(i) owned or leased by the state or a political subdivision, including a public library, community center, or parks and recreation building; and

(ii) located within the boundaries of the municipality or the annexation territory.

(B) The location must be open according to the following:

(i) On a day that the location is open on a weekday, the location must be open at a minimum from 5 p.m. to 9 p.m.

(ii) On a day that the location is open on a Saturday or Sunday, the location must be open at least four (4) hours during the period from 9 a.m. to 5 p.m.

(f) An additional location may not be open on a day that is a legal holiday. At any location and during the hours that a remonstrance petition may be signed, the municipality shall have a person present:

(1) to witness the signing of remonstrance petitions; and

(2) who shall swear and affirm before a notary public that the person witnessed each person sign the remonstrance petition.

As added by P.L.228-2015, SEC.13.
Ind. Code § 36-7-2-9 — Indiana Code / Title 36 / Article 7 / Chapter 2 / Section 36-7-2-9-b
Compliance with code of building laws and orders
Status: in_force

Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027.

Sec. 9. Each unit shall require compliance with:

(1) the code of building laws and fire safety laws that is adopted in the rules of the department of homeland security under IC 22-13;

(2) orders issued under IC 22-13-2-11 that grant a variance to the code of building laws and fire safety laws described in subdivision (1);

(3) orders issued under IC 22-12-7 that apply the code of building laws described in subdivision (1);

(4) IC 22-15-3-7; and

(5) a written interpretation of a building law and fire safety law binding on the unit under IC 22-13-5-3 or IC 22-13-5-4.

As added by P.L.245-1987, SEC.19. Amended by P.L.71-1999, SEC.3; P.L.22-2005, SEC.50; P.L.152-2026, SEC.495.
Ind. Code § 36-1-9.5-24 — Indiana Code / Title 36 / Article 1 / Chapter 9.5 / Section 36-1-9.5-24
Assets of contractor; sufficiency
Status: in_force

Sec. 24. An applicant may not be given a certificate of qualification unless the review of the applicant's statement shows that the applicant possesses the net current assets determined by the entity to be sufficient to execute the contract and meet all obligations of the contract.

As added by P.L.85-1991, SEC.3.
Ind. Code § 36-8-18-3 — Indiana Code / Title 36 / Article 8 / Chapter 18 / Section 36-8-18-3
Debt service on bonds or notes
Status: in_force

Sec. 3. Debt service on bonds or notes issued under this chapter may be paid from any funds of the works board available to pay the debt service, as determined by the city-county legislative body as set forth in IC 5-1-14-4.

As added by P.L.37-1988, SEC.27.
Ind. Code § 36-9-37-38 — Indiana Code / Title 36 / Article 9 / Chapter 37 / Section 36-9-37-38
Overpayment of special assessments; refunds
Status: in_force

Sec. 38. (a) If excess payments have been made and collected on special assessments for public improvements, the municipal fiscal officer shall, not later than thirty (30) days after the discovery of the overpayment, give notice of the amount of the overpayment by mail to the owner of record of the property on which the payment was made.

(b) When the municipal fiscal officer determines the amount of the overpayment and the person or persons to whom the reimbursement should be made, the fiscal officer shall issue a refund of the overpayment to the proper person or persons.

As added by P.L.98-1993, SEC.8.
Ind. Code § 36-7-4-903 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-903
Board of zoning appeals; additional division or member required for unincorporated jurisdictional area
Status: in_force

Sec. 903. ADVISORY. (a) When a municipal plan commission exercises jurisdiction outside the incorporated area of the municipality as provided for in section 205 or 1208 of this chapter, one (1) of the following must occur:

(1) An additional division of the board of zoning appeals shall be established under section 901(b) of this chapter that will have territorial jurisdiction only in the unincorporated area. The division must consist only of:

(A) residents of the unincorporated area; or

(B) individuals who reside in the county and also own real property within the unincorporated area.

However, at least a majority of the members appointed to the division must be residents of the unincorporated area.

(2) The municipal plan commission shall designate, as its appointment to the municipal board of zoning appeals under section 902(a)(3) of this chapter one (1) of the additional citizen members who were appointed under section 214(a), 1210(a), or 1210.5(c)(3) of this chapter to the plan commission to represent the unincorporated area. The citizen shall be appointed for a term of two (2) years. The citizen is entitled to participate and vote in all deliberations of the municipal board of zoning appeals.

(b) Notwithstanding section 902(g) of this chapter, if the zoning ordinance provides for an additional division of the board of zoning appeals under subsection (a)(1), the ordinance may also provide for the appointment of one (1) or more members of that division by elected officials of the county or township.

[Pre-Local Government Recodification Citations: 18-7-4-903; 18-7-5-72.]

As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.357-1983, SEC.3; P.L.216-1999, SEC.4; P.L.32-2004, SEC.3; P.L.126-2011, SEC.26.
Ind. Code § 36-10-3-32 — Indiana Code / Title 36 / Article 10 / Chapter 3 / Section 36-10-3-32
Joint board of parks and recreation; withdrawal of participating unit; termination; distribution of money remaining in fund; continuation of obligation
Status: in_force

Sec. 32. (a) A participating unit may withdraw from a joint department at the end of a fiscal year by repealing its adopting ordinance and filing a copy of the repealing ordinance with the other participating units.

(b) The joint board may by resolution terminate the participation of a unit when the unit does not contribute its proportion of the total budget agreed upon in the original agreement and ordinance. The termination occurs at the end of the fiscal year in which the joint board makes its finding.

(c) At the conclusion of the fiscal year in which a withdrawal or termination occurs, the joint board shall equitably distribute to participating units all money remaining in the fund.

(d) A withdrawal does not alter the obligation of the units and the joint board to continue to levy and collect special benefit taxes to provide debt service on all outstanding bonds of the joint district.

(e) If a unit has appropriated money for payment to a joint board that has been discontinued, the money shall be placed in the fund of the board of that unit. If the separate board no longer exists, the money shall be deposited in the general fund of the unit.

[Pre-Local Government Recodification Citation: 19-7-4-50.]

As added by Acts 1981, P.L.309, SEC.110.
Ind. Code § 36-6-1.5-3 — Indiana Code / Title 36 / Article 6 / Chapter 1.5 / Section 36-6-1.5-3
"New township government"
Status: in_force

Sec. 3. As used in this chapter, "new township government" means the township government that results from the merger of at least two (2) township governments under this chapter.

As added by P.L.240-2005, SEC.3.
Ind. Code § 36-7-14-3.5 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-3.5
Annexation of area in county; redevelopment districts; property tax proceeds; outstanding obligations; special tax
Status: in_force

Sec. 3.5. (a) This section applies whenever:

(1) a municipality with a redevelopment district is annexing an area in a county; or

(2) a municipality establishes a redevelopment district;

after the county in which the municipality is located has established a redevelopment district.

(b) This subsection applies whenever:

(1) the area to be annexed or to be included in the municipality's district includes all or part of an allocation area established by a county redevelopment commission for purposes of section 39 of this chapter; and

(2) bonds or lease obligations are outstanding that are payable by the county redevelopment commission in whole or in part from property tax proceeds allocated from the allocation area under section 39 of this chapter.

The county redevelopment commission shall continue to receive allocations of property tax proceeds from the area annexed or included in the municipality's district for the commission's allocation fund as if the annexation or establishment of the district had not occurred as long as any bonds or lease obligations payable by the county from allocated property tax proceeds are outstanding. After the final effectiveness of the annexation or the establishment of the municipality's district, the county redevelopment commission may not issue bonds or enter into leases that are payable from allocated property tax proceeds from the part of the allocation area annexed or included unless the legislative body of the municipality adopts an ordinance approving the issuance and this use of allocated property tax proceeds from that part of the allocation area.

(c) This subsection applies whenever bonds or lease obligations are outstanding that are payable by the county redevelopment commission in whole or in part from the special tax levied under section 27 of this chapter. The county redevelopment commission shall continue to levy a special tax on property in the area annexed or included in the municipality's district as long as any bonds or lease obligations payable by the county are outstanding. After the final effectiveness of the annexation or the establishment of the municipality's district, the county redevelopment commission may not levy the special tax for new bonds or lease obligations in the annexed or included area unless the legislative body of the municipality adopts an ordinance approving the levy.

As added by P.L.35-1990, SEC.52.
Ind. Code § 36-4-1-8 — Indiana Code / Title 36 / Article 4 / Chapter 1 / Section 36-4-1-8
Classification change due to population change; applicable laws
Status: in_force

Sec. 8. (a) Whenever the classification of a city under section 1 of this chapter changes due to a change in the city's population, the city shall be governed by the laws applicable to its new class, except as provided by subsection (b).

(b) The membership of a city legislative body remains unchanged until the expiration of the terms of its members, despite a change in the classification of the city for any reason. At the municipal election preceding the expiration of those terms, the number of members of the legislative body required by the laws applicable to its new class shall be elected. The powers, duties, functions, and office of an elected official of a city shall remain unchanged until the expiration of the term of the elected official, despite a change in city classification for any reason.

[Pre-Local Government Recodification Citation: 18-2-1-3 part.]

As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981, P.L.44, SEC.40; P.L.209-1999, SEC.2.
Ind. Code § 36-7-4-1503 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1503
"PUD district ordinance" defined
Status: in_force

Sec. 1503. As used in this series, "PUD district ordinance" means a zoning ordinance that does the following:

(1) Designates a parcel of real property as a planned unit development district.

(2) Specifies uses or a range of uses permitted in the planned unit development district.

(3) Specifies development requirements in the planned unit development district.

(4) Specifies the plan documentation and supporting information that may be required.

(5) Specifies any limitation applicable to a planned unit development district.

(6) Meets the requirements of this series.

As added by P.L.320-1995, SEC.33.
Ind. Code § 36-9-36-37 — Indiana Code / Title 36 / Article 9 / Chapter 36 / Section 36-9-36-37
Cash payment of assessments; interest on delinquencies
Status: in_force

Sec. 37. (a) Except as provided in section 38 of this chapter, the entire assessment is payable in cash without interest not later than thirty (30) days after the approval of the assessment roll by the works board if an agreement has not been signed and filed under section 36 of this chapter.

(b) If the assessment is not paid when due, the total assessment becomes delinquent and bears interest at the rate prescribed by IC 6-1.1-37-9(b) per year from the date of the final acceptance of the completed improvement by the works board.

As added by P.L.98-1993, SEC.7. Amended by P.L.172-1994, SEC.1; P.L.67-2006, SEC.14; P.L.113-2010, SEC.154.
Ind. Code § 36-7-17-1 — Indiana Code / Title 36 / Article 7 / Chapter 17 / Section 36-7-17-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to all units except townships.

[Pre-Local Government Recodification Citation: 18-7-21-1 part.]

As added by Acts 1981, P.L.309, SEC.36.
Ind. Code § 36-7-4-212 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-212
Membership of commission; certification
Status: in_force

Sec. 212. ADVISORY. The clerk of the municipal legislative body and the secretary of the park board shall certify members appointed by their respective bodies, and the executive shall certify the executive's appointments. The certificates shall be sent to and made a part of the records of the municipal plan commission.

[Pre-Local Government Recodification Citations: 18-7-4-212; 18-7-5-8.]

As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.127-2017, SEC.170.
Ind. Code § 36-9-28-5 — Indiana Code / Title 36 / Article 9 / Chapter 28 / Section 36-9-28-5
Control and supervision of work; letting of contract; reporting; filing
Status: in_force

Sec. 5. If, under section 4 of this chapter, the court finds that the municipal works board should proceed with a proposed project, the works board shall control and supervise work for the project. The works board shall:

(1) advertise for bids for the work; and

(2) let a contract or contracts for the work, subject to financing.

The works board shall report the letting of the contract or contracts to the court, together with an estimate of other project costs, to be filed with the proceedings concerning the project.

[Pre-Local Government Recodification Citation: 19-4-20-6 part.]

As added by Acts 1981, P.L.309, SEC.104.
Ind. Code § 36-7-22-18 — Indiana Code / Title 36 / Article 7 / Chapter 22 / Section 36-7-22-18
Purchasing materials or equipment; contracting for public works
Status: in_force

Sec. 18. The board must comply with IC 36-1-12 when contracting for public works.

As added by P.L.195-1988, SEC.1. Amended by P.L.1-2010, SEC.150.
Ind. Code § 36-6-4.5-5 — Indiana Code / Title 36 / Article 6 / Chapter 4.5 / Section 36-6-4.5-5
County executive; petitioning court; public hearing; resolution
Status: in_force

Sec. 5. (a) Upon receiving a resolution timely filed under section 4 of this chapter, the county executive may initiate the process of petitioning a court to remove the township executive from office under IC 5-8-1-35 by adopting a resolution.

(b) At least one (1) public hearing must be held by the county executive on the resolution at least ten (10) business days before the resolution is adopted. The resolution must contain a concise statement of the underlying basic facts that support the county executive's finding that the township executive committed a violation.

As added by P.L.24-2022, SEC.6.
Ind. Code § 36-8-27-2 — Indiana Code / Title 36 / Article 8 / Chapter 27 / Section 36-8-27-2
PFAS labeling requirement
Status: in_force

Sec. 2. After June 30, 2024, an Indiana fire department may not purchase firefighter gear unless it contains a permanently affixed label indicating whether or not the firefighter gear contains a PFAS chemical.

As added by P.L.78-2023, SEC.1.
Ind. Code § 36-7-14-7 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-7
Commissioners; terms of office; vacancies; oaths; bonds; qualifications; reimbursement for expenses; compensation
Status: repealed

Sec. 7. (a) Each redevelopment commissioner shall serve for one (1) year from the first day of January after the commissioner's appointment and until the commissioner's successor is appointed and has qualified, except that the original commissioners shall serve from the date of their appointment until the first day of January in the second year after their appointment. If a vacancy occurs, a successor shall be appointed in the same manner as the original commissioner, and the successor shall serve for the remainder of the vacated term.

(b) Each redevelopment commissioner, before beginning the commissioner's duties, shall take and subscribe an oath of office in the usual form, to be endorsed on the certificate of the commissioner's appointment, which shall be promptly filed with the clerk for the unit that the commissioner serves.

(c) Each redevelopment commissioner, before beginning the commissioner's duties, shall execute a bond payable to the state, with surety to be approved by the executive of the unit. The bond must be in the penal sum of fifteen thousand dollars ($15,000) and must be conditioned on the faithful performance of the duties of the commissioner's office and the accounting for all monies and property that may come into the commissioner's hands or under the commissioner's control. The cost of the bond shall be paid by the special taxing district.

(d) A redevelopment commissioner must be at least eighteen (18) years of age, and must be a resident of the unit that the commissioner serves.

(e) If a commissioner ceases to be qualified under this section, the commissioner forfeits the commissioner's office.

(f) Except as provided in subsection (g), redevelopment commissioners are not entitled to salaries but are entitled to reimbursement for expenses necessarily incurred in the performance of their duties.

(g) A redevelopment commissioner who does not otherwise hold a lucrative office for the purpose of Article 2, Section 9 of the Indiana Constitution may receive:

(1) a salary; or

(2) a per diem;

and is entitled to reimbursement for expenses necessarily incurred in the performance of the redevelopment commissioner's duties.

[Pre-Local Government Recodification Citations: 18-7-7-7 part; 18-7-7.1-4; 18-7-7.1-7.]

As added by Acts 1981, P.L.309, SEC.33. Amended by Acts 1981, P.L.310, SEC.84; P.L.10-1997, SEC.35; P.L.2-1998, SEC.84; P.L.127-2017, SEC.203.
Ind. Code § 36-8-23-3 — Indiana Code / Title 36 / Article 8 / Chapter 23 / Section 36-8-23-3
Good Samaritan statute applies to fast responders
Status: in_force

Sec. 3. IC 34-30-12-1 (the good Samaritan statute) applies to a community fast responder.

As added by P.L.70-2012, SEC.2.
Ind. Code § 36-8-16.7-6 — Indiana Code / Title 36 / Article 8 / Chapter 16.7 / Section 36-8-16.7-6
"CMRS provider"
Status: in_force

Sec. 6. As used in this chapter, "CMRS provider" means a person that offers CMRS to users in Indiana.

As added by P.L.132-2012, SEC.20.
Ind. Code § 36-7-14-39.2 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-39.2
Designated taxpayer; modification of definition of property taxes; allocation provision of declaratory resolution
Status: in_force

Sec. 39.2. (a) This section applies to a county having a population of more than two hundred fifty thousand (250,000) and less than three hundred thousand (300,000).

(b) As used in this section, "designated taxpayer" means any taxpayer designated by the commission in a declaratory resolution adopted or amended under section 15 or 17.5 of this chapter and with respect to which the commission finds that taxes to be derived from the taxpayer's depreciable personal property in the allocation area, in excess of the taxes attributable to the base assessed value of that personal property, are reasonably expected to exceed in one (1) or more future years the taxes to be derived from the taxpayer's real property in the allocation area in excess of the taxes attributable to the base assessed value of that real property.

(c) The allocation provision of a declaratory resolution may modify the definition of "property taxes" under section 39(a) of this chapter to include taxes imposed under IC 6-1.1 on the depreciable personal property of designated taxpayers, in accordance with the procedures and limitations set forth in this section and section 39 of this chapter. If such a modification is included in the resolution for purposes of section 39 of this chapter, the term "base assessed value" with respect to the depreciable personal property of designated taxpayers means, subject to section 39(j) of this chapter, the net assessed value of all the depreciable personal property as finally determined for the assessment date immediately preceding:

(1) the effective date of the modification, for modifications adopted before July 1, 1995; and

(2) the adoption date of the modification for modifications adopted after June 30, 1995;

as adjusted under section 39(h) of this chapter.

As added by P.L.170-1990, SEC.3. Amended by P.L.12-1992, SEC.170; P.L.25-1995, SEC.85; P.L.119-2012, SEC.207; P.L.214-2019, SEC.34; P.L.257-2019, SEC.121; P.L.104-2022, SEC.188.
Ind. Code § 36-9-3-18 — Indiana Code / Title 36 / Article 9 / Chapter 3 / Section 36-9-3-18
Acquisition of facilities within 100 yards of terminals
Status: in_force

Sec. 18. The authority may acquire, improve, maintain, lease, and rent facilities, including air rights, that are within one hundred (100) yards of a terminal, station, or other facility of the authority. If these facilities generate revenues in excess of their cost to the authority, the authority must use the excess revenues to improve transportation services or reduce fares for the public.

[Pre-Local Government Recodification Citation: 19-5-2.5-29 part.]

As added by Acts 1981, P.L.309, SEC.76.
Ind. Code § 36-2-1-9 — Indiana Code / Title 36 / Article 2 / Chapter 1 / Section 36-2-1-9
Territory not included in any county
Status: in_force

Sec. 9. If any territory in Indiana is not included in one (1) of the counties established under this chapter, the territory is included in the county that:

(1) is contiguous to that territory; and

(2) contains the least population of all counties contiguous to that territory.

As added by P.L.3-1993, SEC.254.
Ind. Code § 36-7-4-405 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-405
Duties of plan commission; street names and numbers; areas not subject to plan commission; notice; development plans
Status: in_force

Sec. 405. (a) ADVISORY ─ AREA. Each plan commission shall:

(1) make recommendations to the legislative body or bodies concerning:

(A) the adoption of the comprehensive plan and amendments to the comprehensive plan;

(B) the adoption or text amendment of:

(i) an initial zoning ordinance;

(ii) a replacement zoning ordinance; and

(iii) a subdivision control ordinance;

(C) the adoption or amendment of a PUD district ordinance (as defined in section 1503 of this chapter); and

(D) zone map changes; and

(2) render decisions concerning and approve plats, replats, and amendments to plats of subdivisions under the 700 series of this chapter.

(b) Each plan commission:

(1) shall assign street numbers to lots and structures;

(2) shall renumber lots and structures; and

(3) if the plan commission does not have the power under an ordinance adopted under subsection (c) to name or rename streets, may recommend the naming and renaming of streets to the executive.

(c) The executive shall name or rename streets. However, a unit may provide by ordinance that the plan commission rather than the executive shall name or rename streets. Streets shall be named or renamed so that their names are easy to understand and to avoid duplication or conflict with other names. The plan commission may, by rule, prescribe a numbering system for lots and structures.

(d) This subsection applies to a plan commission having jurisdiction in a county with a population of at least four hundred thousand (400,000). The plan commission shall number structures on highways within the plan commission's jurisdiction to conform with the numbers of structures on streets within cities in the county.

(e) This subsection applies to unincorporated areas subject to the jurisdiction of no plan commission under this article. The county executive:

(1) must approve the assignment of street numbers to lots and structures; and

(2) may number or renumber lots and structures and name or rename streets.

(f) This subsection applies to areas located within a municipality that are subject to the jurisdiction of no plan commission under this article. The executive of the municipality:

(1) must approve the assignment of street numbers to lots and structures; and

(2) may number or renumber lots and structures and name or rename streets.

(g) An executive acting under subsection (e) or (f) shall name or rename streets:

(1) so that their names are easy to understand; and

(2) to avoid duplication or conflict with other names.

(h) If streets are named or renamed or lots and structures are numbered or renumbered under this section, the commission or executive that makes the naming or numbering decision shall notify:

(1) the circuit court clerk or board of registration;

(2) the statewide 911 board established by IC 36-8-16.7-24 and the administrator of an enhanced emergency telephone system established under IC 36-8-16 (before its repeal on July 1, 2012), if any;

(3) the United States Postal Service; and

(4) any person or body that the commission or executive considers appropriate to receive notice;

of its action no later than the last day of the month following the month in which the action is taken.

(i) Each plan commission shall make decisions concerning development plans and amendments to development plans under the 1400 series of this chapter, unless the responsibility to render decisions concerning development plans has been delegated under section 1402(c) of this chapter.

[Pre-Local Government Recodification Citations: 18-7-2-20 part; 18-7-3-7 part; 18-7-3-8 part; 18-7-4-405; 18-7-5-28 part.]

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.21; P.L.13-1988, SEC.21; P.L.119-1989, SEC.2; P.L.260-1993, SEC.2; P.L.320-1995, SEC.4; P.L.132-2012, SEC.10.
Ind. Code § 36-4-6-11 — Indiana Code / Title 36 / Article 4 / Chapter 6 / Section 36-4-6-11
Majority vote; two-thirds vote
Status: in_force

Sec. 11. (a) A requirement that an ordinance, resolution, or other action of the legislative body be passed by a majority vote means at least a majority vote of all the elected members.

(b) A requirement that an ordinance, resolution, or other action of the legislative body be passed by a two-thirds (2/3) vote means at least a two-thirds (2/3) vote of all the elected members.

[Pre-Local Government Recodification Citation: 18-1-3-2 part.]

As added by Acts 1980, P.L.212, SEC.3.
Ind. Code § 36-11-3-8 — Indiana Code / Title 36 / Article 11 / Chapter 3 / Section 36-11-3-8
Objection and participation in hearing by resident of district
Status: in_force

Sec. 8. A person that resides in or partially resides in an area affected by the proposed establishment or dissolution of a district:

(1) may, on or before the date set for the hearing, file a written objection to the proposed establishment or dissolution of the district; and

(2) may be heard at the hearing.

As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.
Ind. Code § 36-12-1-1 — Indiana Code / Title 36 / Article 12 / Chapter 1 / Section 36-12-1-1
Application of definitions
Status: in_force

Sec. 1. The definitions in this chapter apply throughout this article.

As added by P.L.1-2005, SEC.49.
Ind. Code § 36-7-11.5-9 — Indiana Code / Title 36 / Article 7 / Chapter 11.5 / Section 36-7-11.5-9
Repealed
Status: repealed

As added by P.L.92-2003, SEC.62. Repealed by P.L.234-2007, SEC.290.
Ind. Code § 36-7-29-22 — Indiana Code / Title 36 / Article 7 / Chapter 29 / Section 36-7-29-22
Guaranty of rights
Status: in_force

Sec. 22. The general assembly covenants and agrees with the holders of any district bonds that as long as any district bonds issued under this chapter are outstanding and unpaid, the state:

(1) will not limit or alter the rights of the district to fulfill the terms of any agreements made with the holders of the district bonds; and

(2) will not in any way impair the rights and remedies of the holders of the district bonds;

until the district bonds, together with interest on the district bonds, interest on any unpaid installment of interest, and all costs and expenses in connection with any action or proceedings by or on behalf of the bondholders are fully paid, met, and discharged.

As added by P.L.44-1994, SEC.11.
Ind. Code § 36-10-3-21 — Indiana Code / Title 36 / Article 10 / Chapter 3 / Section 36-10-3-21
Cumulative building fund; establishment; levy of tax; collection of tax
Status: in_force

Sec. 21. (a) The board may establish a cumulative building fund under IC 6-1.1-41 to provide money for:

(1) building, remodeling, and repair of park and recreation facilities; or

(2) purchase of land for park and recreation purposes.

In addition to the requirements of IC 6-1.1-41, before a fund may be established, the proposed action must be approved by the fiscal body of the unit.

(b) To provide for the cumulative building fund, the unit's fiscal body may levy a tax in compliance with IC 6-1.1-41 not to exceed one and sixty-seven hundredths cents ($0.0167) on each one hundred dollars ($100) of assessed valuation of taxable property within the unit.

(c) The tax shall be collected and held in a special fund known as the unit's park and recreation cumulative building fund.

[Pre-Local Government Recodification Citation: 19-7-4-25.5.]

As added by Acts 1981, P.L.309, SEC.110. Amended by Acts 1981, P.L.45, SEC.93; P.L.358-1987, SEC.2; P.L.17-1995, SEC.42; P.L.6-1997, SEC.231.
Ind. Code § 36-7-15.1-8 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-8
Assembly of data; adoption of resolution; amendment of resolution or plan
Status: in_force

Sec. 8. (a) Whenever the commission finds that:

(1) an area in the redevelopment district is an area needing redevelopment;

(2) the conditions described in IC 36-7-1-3 cannot be corrected in the area by regulatory processes or by the ordinary operations of private enterprise without resort to this chapter; and

(3) the public health and welfare will be benefited by:

(A) the acquisition and redevelopment of the area under this chapter as a redevelopment project area or an urban renewal area; or

(B) the amendment of the resolution or plan, or both, for an existing redevelopment project area or urban renewal area; and

(4) in the case of an amendment to the resolution or plan for an existing redevelopment project area or urban renewal area:

(A) the amendment is reasonable and appropriate when considered in relation to the original resolution or plan and the purposes of this chapter; and

(B) the resolution or plan, with the proposed amendment, conforms to the comprehensive plan for the unit;

the commission shall cause to be prepared a redevelopment or urban renewal plan.

(b) The redevelopment or urban renewal plan must include:

(1) maps, plats, or maps and plats, showing:

(A) the boundaries of the area in which property would be acquired for, or otherwise affected by, the establishment of a redevelopment project area or urban renewal area, or the amendment of the resolution or plan for an existing area;

(B) the location of the various parcels of property, public ways, and other features affecting the acquisition, clearance, replatting, replanning, rezoning, or redevelopment of the area or areas, indicating any parcels of property to be excluded from the acquisition or otherwise excluded from the effects of the establishment of the redevelopment project area or the amendment of the resolution or plan for an existing area; and

(C) the parts of the area acquired that are to be devoted to public ways, levees, sewerage, parks, playgrounds, and other public purposes;

(2) lists of the owners of the various parcels of property proposed to be acquired for, or otherwise affected by, the establishment of an area or the amendment of the resolution or plan for an existing area; and

(3) an estimate of the costs, if any, to be incurred for the acquisition and redevelopment of property.

(c) This subsection applies to the initial establishment of a redevelopment project area or urban renewal area. After completion of the data required by subsection (b), the commission shall adopt a resolution declaring that:

(1) the area needing redevelopment is a detriment to the social or economic interests of the consolidated city and its inhabitants;

(2) it will be of public utility and benefit to acquire the area and redevelop it under this chapter; and

(3) the area is designated as a redevelopment project area for purposes of this chapter.

The resolution must state the general boundaries of the redevelopment project area and identify the interests in real or personal property, if any, that the department proposes to acquire in the area.

(d) This subsection applies to the amendment of the resolution or plan for an existing redevelopment project area or urban renewal area. After completion of the data required by subsection (b), the redevelopment commission shall adopt a resolution declaring that:

(1) it will be of public utility and benefit to amend the resolution or plan for the area; and

(2) any additional area to be acquired under the amendment is designated as part of the existing redevelopment project area or urban renewal area for purposes of this chapter.

The resolution must state the general boundaries of the redevelopment project area or urban renewal area, including any changes made to those boundaries by the amendment, and describe the activities that the department is permitted to take under the amendment, with any designated exceptions.

(e) For the purpose of adopting a resolution under subsection (c) or (d), it is sufficient to describe the boundaries of the redevelopment project area by its location in relation to public ways or streams, or otherwise, as determined by the commission. Property proposed for acquisition may be described by street numbers or location.

As added by Acts 1982, P.L.77, SEC.8. Amended by P.L.358-1983, SEC.2; P.L.14-1991, SEC.15; P.L.185-2005, SEC.29; P.L.146-2008, SEC.745; P.L.172-2011, SEC.151.
Ind. Code § 36-5-1.2-5 — Indiana Code / Title 36 / Article 5 / Chapter 1.2 / Section 36-5-1.2-5
Hearing to consider petition
Status: in_force

Sec. 5. On the day and time set in the notice given under section 4 of this chapter, the town legislative body shall hear and consider the petition.

As added by P.L.258-1993, SEC.1.
Ind. Code § 36-4-3-3.5 — Indiana Code / Title 36 / Article 4 / Chapter 3 / Section 36-4-3-3.5
Annexation ordinance; contents
Status: in_force

Sec. 3.5. (a) An annexation ordinance adopted under this chapter must contain the following information:

(1) A description of the boundaries of the territory to be annexed, including any public highway or right-of-way.

(2) The approximate number of acres in the territory to be annexed.

(3) A description of any special terms and conditions adopted under section 8 of this chapter.

(b) An ordinance adopted under section 3 or 4 of this chapter must also contain a description of any property tax abatements adopted under section 8.5 of this chapter.

As added by P.L.217-1999, SEC.4.
Ind. Code § 36-7-15.1-26.2 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-26.2
Definitions; amendment of resolution; property taxes
Status: in_force

Sec. 26.2. (a) As used in this section, "depreciable personal property" refers to all of the designated taxpayer's depreciable personal property that is located in the allocation area.

(b) As used in this section, "designated taxpayer" means a taxpayer designated by the commission in a declaratory resolution adopted or amended under section 8 or 10.5 of this chapter, and with respect to which the commission finds that:

(1) taxes to be derived from the taxpayer's depreciable personal property in the allocation area, in excess of the taxes attributable to the base assessed value of that personal property, are needed to pay debt service for bonds issued under section 17 of this chapter or to make payments on leases payable under section 17.1 of this chapter in order to provide local public improvements for a particular allocation area;

(2) the taxpayer's property in the allocation area will consist primarily of industrial, manufacturing, warehousing, research and development, processing, distribution, transportation, or convention center hotel related projects or regulated amusement devices (as defined in IC 22-12-1-19.1) and related improvements; and

(3) the taxpayer's property in the allocation area will not consist primarily of retail, commercial, or residential projects, other than an amusement park or tourism industry project.

For purposes of subdivision (3), a convention center hotel project is not considered a retail, commercial, or residential project.

(c) The allocation provision of a declaratory resolution may modify the definition of "property taxes" under section 26(a) of this chapter to include taxes imposed under IC 6-1.1 on the depreciable personal property of designated taxpayers in accordance with the procedures and limitations set forth in this section and section 26 of this chapter. If such a modification is included in the resolution, for purposes of section 26 of this chapter the term "base assessed value" with respect to the depreciable personal property of designated taxpayers means, subject to section 26(j) of this chapter, the net assessed value of the depreciable personal property as finally determined for the assessment date immediately preceding:

(1) the effective date of the modification, for modifications adopted before July 1, 1995; and

(2) the adoption date of the modification for modifications adopted after June 30, 1995;

as adjusted under section 26(h) of this chapter.

As added by P.L.41-1992, SEC.8. Amended by P.L.25-1995, SEC.90; P.L.234-2007, SEC.205; P.L.172-2011, SEC.153; P.L.214-2019, SEC.40; P.L.257-2019, SEC.127.
Ind. Code § 36-8-16.7-43 — Indiana Code / Title 36 / Article 8 / Chapter 16.7 / Section 36-8-16.7-43
Immunity from civil or criminal liability
Status: in_force

Sec. 43. Notwithstanding any other law:

(1) the board;

(2) a PSAP;

(3) a political subdivision;

(4) a provider;

(5) an employee, director, officer, or agent of a PSAP, a political subdivision, or a provider; or

(6) an employee or member of the board, the board chair, the executive director, or an employee, agent, or representative of the board chair;

is not liable for damages in a civil action or subject to criminal prosecution resulting from death, injury, or loss to persons or property incurred by any person in connection with establishing, developing, implementing, maintaining, operating, and providing 911 service, except in the case of willful or wanton misconduct.

As added by P.L.132-2012, SEC.20.
Ind. Code § 36-6-1-1 — Indiana Code / Title 36 / Article 6 / Chapter 1 / Section 36-6-1-1
Name of township; change of name
Status: in_force

Sec. 1. (a) Each township is known as ___________ Township of _____________ County, according to the name of the township and the county in which it is located.

(b) The county executive may adopt an order to change the name of the townships in the county. A change of name under this section becomes effective when the county executive files a copy of the order with:

(1) the circuit court clerk; and

(2) the office of the secretary of state.

[Pre-Local Government Recodification Citations: 17-1-19-1 part; 17-4-6-1 part.]

As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.5-1989, SEC.116; P.L.3-1997, SEC.465; P.L.123-2000, SEC.12.
Ind. Code § 36-8-2-12 — Indiana Code / Title 36 / Article 8 / Chapter 2 / Section 36-8-2-12
Weights and measures standards control system
Status: in_force

Sec. 12. A unit may establish, maintain, and operate a weights and measures standards control system. However, a unit may not establish fees for inspections or tests relating to weights and measures.

[Pre-Local Government Recodification Citations: 18-1-1.5-15(d); 18-4-2-21 part.]

As added by Acts 1980, P.L.211, SEC.3. Amended by P.L.171-1985, SEC.2.
Ind. Code § 36-9-36-42 — Indiana Code / Title 36 / Article 9 / Chapter 36 / Section 36-9-36-42
Notice; payments to bond owner; process collectable by fiscal officer
Status: in_force

Sec. 42. If a bond owner receives a payment of interest or principal, or both, that was to have been collected under this chapter (or under IC 36-9-18 before its repeal in 1993) by the fiscal officer of a unit, the bond owner shall notify the fiscal officer of the payment.

As added by P.L.98-1993, SEC.7.
Ind. Code § 36-7-23-29 — Indiana Code / Title 36 / Article 7 / Chapter 23 / Section 36-7-23-29
Bonds payable from and secured by authority revenues only
Status: in_force

Sec. 29. The bonds issued under this chapter constitute the corporate obligations only of the authority and are payable solely from and secured exclusively by the pledge of all or part of the revenues of the authority, as set forth in the resolution of the authority.

As added by P.L.346-1989(ss), SEC.7.
Ind. Code § 36-7-30.2-20 — Indiana Code / Title 36 / Article 7 / Chapter 30.2 / Section 36-7-30.2-20
Comprehensive plan
Status: in_force

Sec. 20. (a) Except as provided in section 21 of this chapter, a unit shall adopt or amend the unit's comprehensive plan, zoning and subdivision ordinances, procedures, and regulations as needed to implement this chapter and IC 36-7-30.3.

(b) Except as provided in section 21 of this chapter, this subsection applies to a unit that has a plan commission on June 30, 2023. The unit shall amend or repeal and adopt the comprehensive plan, zoning and subdivision ordinances, procedures, and regulations as needed as provided in subsection (a) not later than January 1, 2025. This subsection expires July 1, 2025.

(c) This subsection applies to a unit that establishes a plan commission after June 30, 2023. The unit shall adopt a comprehensive plan, zoning and subdivision ordinances, procedures, and regulations as provided in subsection (a) not later than eighteen (18) months after the plan commission is established.

As added by P.L.43-2023, SEC.4.
Ind. Code § 36-1-12.5-1.5 — Indiana Code / Title 36 / Article 1 / Chapter 12.5 / Section 36-1-12.5-1.5
"Governing body" defined
Status: in_force

Sec. 1.5. As used in this chapter, "governing body" means the following:

(1) With respect to school corporations, the governing body (as defined in IC 20-18-2-5).

(2) With respect to a public library, the library board (as defined in IC 36-12-1-3).

(3) With respect to a library described in IC 36-12-7-8, the trustees of the library.

(4) With respect to a political subdivision that operates a municipal water or wastewater utility and in connection with the installation of a conservation measure to a water or wastewater structure or system under this chapter, the board or officer that has the power to award contracts.

(5) With respect to other political subdivisions for any other project or program under this chapter, the legislative body (as defined in IC 36-1-2-9).

As added by P.L.208-1995, SEC.4. Amended by P.L.227-1999, SEC.12; P.L.1-2005, SEC.235; P.L.168-2006, SEC.6.
Ind. Code § 36-7-15.5-14 — Indiana Code / Title 36 / Article 7 / Chapter 15.5 / Section 36-7-15.5-14
Annual assessment of benefits and damages; schedule; limitation on assessments
Status: in_force

Sec. 14. (a) The commission may make an annual assessment of benefits and damages within an improvement and maintenance district for the purpose of defraying part or all of the cost of an improvement and maintenance project. The assessment of benefits and damages must comply with the formula contained in the resolution establishing the district.

(b) The commission shall annually prepare a schedule that describes each parcel of real property in an improvement and maintenance district that it determines to be benefited by the improvement and maintenance project, and states the percentage of the total benefit that is received by each parcel of real property.

(c) The commission may retain or employ qualified personnel for necessary technical or consulting assistance.

(d) After determining under subsection (b) the percentage of benefit that is received by each parcel of real property, the commission shall consider the fiscal needs of the improvement and maintenance district that need to be defrayed by the assessment of special benefits, and shall apply the percentage for each parcel as determined under subsection (b) to the total amount that is to be defrayed by special assessment, and determine the assessment for each parcel.

(e) The total of the assessments established under subsection (d) may not exceed either:

(1) the sum of the amount set out in or proposed for the budget of the improvement and maintenance district; or

(2) the amount of any limitation on the assessment that would be levied as set forth in the resolution that established the improvement and maintenance district.

As added by P.L.194-1988, SEC.1.
Ind. Code § 36-9-41-8 — Indiana Code / Title 36 / Article 9 / Chapter 41 / Section 36-9-41-8
Judicial review
Status: in_force

Sec. 8. A:

(1) taxpayer who signed a petition filed under section 6 of this chapter; or

(2) political subdivision against which a petition is filed under section 6 of this chapter;

may petition the tax court established by IC 33-3-5-1 for judicial review of the final determination of the department of local government finance on the taxpayers' petition. The petition for judicial review must be filed in the tax court not more than forty-five (45) days after the date of the department's final determination.

As added by P.L.81-2004, SEC.47.
Ind. Code § 36-2-6-18 — Indiana Code / Title 36 / Article 2 / Chapter 6 / Section 36-2-6-18
Loans; bonds; tax anticipation warrants; deficits; requirements for incurring debt
Status: in_force

Sec. 18. (a) The county fiscal body may, by ordinance:

(1) make loans for the purpose of procuring money to be used in the exercise of county powers and for the payment of county debts other than current running expenses, and, subject to IC 5-1-11.5 and IC 5-11-1-4(c), issue bonds or other county obligations to refund those loans;

(2) make temporary loans to meet current running expenses, in anticipation of and not in excess of county revenues for the current fiscal year, which shall be evidenced by tax anticipation warrants of the county; and

(3) make loans and issue notes under subsection (d).

(b) An ordinance authorizing the issuance of bonds under this section must state the purpose for which the bonds are issued and may provide that the bonds:

(1) are or are not negotiable;

(2) bear interest at any rate;

(3) run not longer than twenty (20) years; and

(4) mature by installments payable annually or otherwise.

(c) An ordinance authorizing the issuance of tax anticipation warrants under this section must:

(1) state the total amount of the issue;

(2) state the denomination of the warrants;

(3) state the time and place payable;

(4) state the rate of interest;

(5) state the funds and revenues in anticipation of which the warrants are issued and out of which they are payable; and

(6) appropriate and pledge a sufficient amount of those revenues to the punctual payment of the warrants.

The warrants are exempt from taxation for all purposes.

(d) The county fiscal body may, by ordinance, make loans of money for not more than ten (10) years and issue notes for the purpose of refunding those loans. The loans may be made only for the purpose of procuring money to be used in the exercise of the powers of the county, and the total amount of outstanding loans under this subsection may not exceed five percent (5%) of the county's total tax levy in the current year (excluding amounts levied to pay debt service and lease rentals). Loans under this subsection shall be made in the same manner as loans made under subsection (a)(1), except that:

(1) the ordinance authorizing the loans must pledge to their payment a sufficient amount of tax revenues over the ensuing ten (10) years to provide for refunding the loans;

(2) the loans must be evidenced by notes of the county in terms designating the nature of the consideration, the time and place payable, and the revenues out of which they will be payable; and

(3) the interest accruing on the notes to the date of maturity may be added to and included in their face value or be made payable periodically, as provided in the ordinance.

Notes issued under this subsection are not bonded indebtedness for purposes of IC 6-1.1-18.5.

(e) If a deficit is incurred for the current running expenses of the county because the total of county revenues for the fiscal year is less than the anticipated total, the county fiscal body shall provide for the deficit in the next county tax levy.

[Pre-Local Government Recodification Citations: 17-1-24-31; 17-3-79-1 part.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.37-1988, SEC.21; P.L.184-2015, SEC.14; P.L.244-2017, SEC.125; P.L.230-2025, SEC.142.
Ind. Code § 36-9-3-22 — Indiana Code / Title 36 / Article 9 / Chapter 3 / Section 36-9-3-22
Application of federal statutes to employees affected by actions of authority
Status: in_force

Sec. 22. (a) The rights, benefits, and other employee protective conditions and remedies that:

(1) are set forth in Section 13(c) of the Urban Mass Transportation Act of 1964, as amended (49 U.S.C. section 1609(c)) and Section 405(b) of the Rail Passenger Service Act of 1970, as amended (45 U.S.C. section 565(b)); and

(2) are prescribed by the United States secretary of labor under those statutes;

apply to employees of the authority and employees of any public transportation agency affected by actions of the authority, including the acquisition and operation of public transportation facilities, the execution of purchase of service agreements with a public transportation agency, the coordination, reorganization, combining, leasing, or merging of operations or the expansion or curtailment of public transportation service or facilities under this chapter.

(b) The authority may take any of the actions specified in subsection (a) only after meeting the requirements of this chapter. In addition, whenever the authority operates the public transportation facilities of a public transportation agency engaged as of April 25, 1975, in the transportation of persons by railroad, it may do so only in a manner that insures the continued applicability to the affected railroad employees of the federal statutes applicable on that date to them and the continuation of their collective bargaining agreements until those agreements can be renegotiated by representatives of the authority and the representatives of those employees designated under the Railway Labor Act, as amended (45 U.S.C. sections 151-188).

[Pre-Local Government Recodification Citations: 19-5-2.5-18 part; 19-5-2.5-22.]

As added by Acts 1981, P.L.309, SEC.76. Amended by P.L.235-1997, SEC.13.
Ind. Code § 36-7-4-202.5 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-202.5
Reorganized units; adoption of advisory plan commission
Status: in_force

Sec. 202.5. (a) ADVISORY. Notwithstanding any other law, the legislative body of a unit described in IC 36-7-2-1(b) may establish by resolution an advisory plan commission.

(b) ADVISORY. If an advisory plan commission is established under this section by a unit described in IC 36-7-2-1(b) and the unit adopts a comprehensive plan under this chapter:

(1) the advisory plan commission of the unit shall exercise the planning and zoning functions within the unit;

(2) the advisory plan commission of the unit may not exercise planning and zoning functions within a municipality that has established a plan commission under this chapter (other than a municipality that participated in the reorganization of the unit under IC 36-1.5);

(3) the county plan commission may not exercise planning and zoning functions within the unit; and

(4) except as provided in subdivision (2), a municipal plan commission of a municipality (other than a municipality that participated in the reorganization of the unit under IC 36-1.5) may not exercise planning and zoning functions within the unit.

Notwithstanding any other law, if a municipality (other than a municipality that participated in the reorganization of the unit under IC 36-1.5) annexes territory within a unit described in IC 36-7-2-1(b) after the unit has established an advisory plan commission under this section, the municipal plan commission of that municipality may not exercise planning and zoning functions within that annexed territory.

(c) ADVISORY. Except as specifically provided in this chapter, an advisory plan commission established under this section by a unit described in IC 36-7-2-1(b) shall exercise the planning and zoning functions within the unit in the same manner that a municipal plan commission established under this chapter exercises planning and zoning functions for a municipality.

(d) ADVISORY. Notwithstanding any other provision, if an advisory plan commission is established under this section by a unit described in IC 36-7-2-1(b), the legislative body of the unit shall, by resolution or in the unit's plan of reorganization under IC 36-1.5, determine:

(1) the number of members to be appointed to the unit's advisory plan commission;

(2) the person or entity that shall appoint or remove those members;

(3) any required qualifications for those members;

(4) the terms of those members; and

(5) whether any members or advisory members shall be appointed by the county in which the unit is located or by a municipality located within the unit.

As added by P.L.202-2013, SEC.34.
Ind. Code § 36-1-2-2 — Indiana Code / Title 36 / Article 1 / Chapter 2 / Section 36-1-2-2
"Bonds"
Status: in_force

Sec. 2. "Bonds" means any evidences of indebtedness, whether payable from property taxes, revenues, or any other source, but does not include notes or warrants representing temporary loans that are payable out of taxes levied and in the course of collection.

[Pre-Local Government Recodification Citations: 6-1.1-20-1 part; 19-8-5-1 part.]

As added by Acts 1980, P.L.211, SEC.1.
Ind. Code § 36-1-27-3 — Indiana Code / Title 36 / Article 1 / Chapter 27 / Section 36-1-27-3
Permits; conflict of interest
Status: in_force

Sec. 3. A building commissioner, building code official, or inspector of a unit may not issue a permit or oversee the issuance of a permit through a subordinate if the building commissioner, building code official, or inspector has a conflict of interest.

As added by P.L.3-2019, SEC.1.
Ind. Code § 36-2-14-22.2 — Indiana Code / Title 36 / Article 2 / Chapter 14 / Section 36-2-14-22.2
Repealed
Status: repealed

As added by P.L.157-2007, SEC.6 and P.L.225-2007, SEC.20. Repealed by P.L.3-2008, SEC.269.
Ind. Code § 36-2-8.7-6 — Indiana Code / Title 36 / Article 2 / Chapter 8.7 / Section 36-2-8.7-6
Public hearing on resolution
Status: in_force

Sec. 6. (a) At least one (1) public hearing must be held by the county fiscal body on the resolution at least ten (10) business days before the resolution is adopted. The resolution must contain a concise statement of the underlying basic facts that support the county fiscal body's finding that the county officer committed a violation described in IC 5-8-1-35(a)(1), IC 5-8-1-35(a)(2), IC 5-8-1-35(a)(3), IC 5-8-1-35(a)(4), IC 5-8-1-35(a)(5), or section 7 of this chapter. The finding and statement of underlying basic facts supporting the finding must be identical to those in the resolution adopted by the county executive.

(b) The resolution must be adopted by an affirmative vote of at least:

(1) five (5) members, in the case of a county fiscal body under IC 36-2-3-2(a);

(2) seven (7) members, in the case of a county fiscal body under IC 36-2-3-2(b); or

(3) seventeen (17) members, in the case of a county fiscal body of a county that has a consolidated city under IC 36-3-4-2.

(c) The county fiscal body shall certify the resolution to:

(1) the county executive;

(2) the county officer; and

(3) the clerk of the court in which the action is filed under IC 5-8-1-35;

not later than ten (10) days after the resolution is adopted.

As added by P.L.169-2021, SEC.2. Amended by P.L.159-2025, SEC.5.
Ind. Code § 36-9-11-7 — Indiana Code / Title 36 / Article 9 / Chapter 11 / Section 36-9-11-7
Rates and charges; adoption of operating rules; employees' bonds
Status: in_force

Sec. 7. (a) In connection with the operation of any parking facility, the municipal works board may fix the rates and charges to be collected for the parking of vehicles, or for any other use of the facility, and adopt rules governing the use and operation of the facility so as to promote the maximum use of the facility by the public in a safe, orderly, and efficient manner. In a city, however, these rates, charges, and rules do not become effective until they are approved by ordinance or resolution of the legislative body.

(b) All rates and charges for parking and other services must be reasonable and designed to bring in revenues sufficient to cover the cost of providing and operating necessary parking facilities.

(c) A person handling monies of one (1) or more parking facilities must be properly bonded to insure a faithful accounting for the money coming into the person's hands.

[Pre-Local Government Recodification Citations: 19-5-11-7 part; 19-5-11-11 part; 19-5-13-9 part; 19-5-13-13 part.]

As added by Acts 1981, P.L.309, SEC.84. Amended by P.L.127-2017, SEC.294.
Ind. Code § 36-2-10-20 — Indiana Code / Title 36 / Article 2 / Chapter 10 / Section 36-2-10-20
Burglary of treasury; reimbursement by appropriation
Status: in_force

Sec. 20. Whenever the county treasury is burglarized the county fiscal body may appropriate from the county general fund an amount sufficient to reimburse the treasurer for any loss sustained if:

(1) the treasurer establishes that before the burglary the treasurer made detailed deposits of county funds as required by statute;

(2) the county executive has not procured safe or burglary insurance to protect county funds; and

(3) the proper law enforcement agency, after investigation, has filed with the county executive a statement concluding that the burglary did not result from the negligence or participation of the treasurer.

[Pre-Local Government Recodification Citation: 17-3-36-1.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.70.
Ind. Code § 36-7-30.5-28 — Indiana Code / Title 36 / Article 7 / Chapter 30.5 / Section 36-7-30.5-28
Payment from funds
Status: in_force

Sec. 28. (a) All payments from any of the funds established by this chapter shall be made by warrants drawn by the secretary-treasurer or the secretary-treasurer's agent under section 12 of this chapter on vouchers of the development authority signed by the president or vice president and the secretary-treasurer or executive director. An appropriation is not necessary, but all money raised under this chapter is considered appropriated to the respective purposes stated and is under the control of the development authority. The development authority has complete and exclusive authority to expend the money for the purposes provided.

(b) Each fund established by this chapter is a continuing fund.

As added by P.L.203-2005, SEC.11.
Ind. Code § 36-7-11.2-32 — Indiana Code / Title 36 / Article 7 / Chapter 11.2 / Section 36-7-11.2-32
Special meetings
Status: in_force

Sec. 32. (a) The chair of the commission:

(1) may, in the chair's discretion; or

(2) shall, at the written request of at least two (2) members of the commission;

call a special meeting of the commission to consider or determine a matter for which a petition has been filed.

(b) The meeting shall be scheduled for a date:

(1) not less than thirty (30); and

(2) not more than forty-five (45);

days after the filing of the petition.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-7 part.]

As added by P.L.1-1995, SEC.83. Amended by P.L.127-2017, SEC.186.
Ind. Code § 36-8-6-6 — Indiana Code / Title 36 / Article 8 / Chapter 6 / Section 36-8-6-6
Investment of funds
Status: in_force

Sec. 6. (a) The local board shall determine how much of the 1925 fund may be safely invested and how much should be retained for the needs of the fund. The investment shall be made:

(1) in interest bearing bonds of the United States, the state, or an Indiana municipal corporation. The bonds shall be deposited with and must remain in the custody of the treasurer of the board, who shall collect the interest due as it becomes due; or

(2) under IC 5-13-9.

(b) Investments under this section are subject to section 1.5 of this chapter.

[Pre-Local Government Recodification Citation: 19-1-24-3 part.]

As added by Acts 1981, P.L.309, SEC.55. Amended by P.L.55-1989, SEC.49; P.L.35-1999, SEC.8.
Ind. Code § 36-12-12-5 — Indiana Code / Title 36 / Article 12 / Chapter 12 / Section 36-12-12-5
Notice; petition of objection by taxpayers
Status: in_force

Sec. 5. (a) If the library board passes a resolution under section 3 of this chapter and the appropriate fiscal body or bodies approve the plan, the library board shall publish notice of adoption in accordance with IC 5-3-1-2(i).

(b) Ten (10) or more taxpayers who will be affected by the adopted plan may file a petition with the county auditor of a county in which the library district is located not later than ten (10) days after the publication of the notice of adoption required by subsection (a), setting forth the taxpayers' objections to the proposed plan. The county auditor shall immediately certify the petition to the department of local government finance.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-13-7.]

As added by P.L.1-2005, SEC.49. Amended by P.L.137-2012, SEC.124.
Ind. Code § 36-3-1-9 — Indiana Code / Title 36 / Article 3 / Chapter 1 / Section 36-3-1-9
Ordinances; application; disposition
Status: in_force

Sec. 9. (a) When a first class city becomes a consolidated city, every ordinance of:

(1) the first class city;

(2) the county;

(3) a mass transportation authority of the county; or

(4) any other municipal corporation the functions of which are transferred to the consolidated city by this title;

becomes an ordinance of the consolidated city and shall be enforced only by the consolidated city.

(b) Such an ordinance continues to apply only in the territory in which it applied before becoming an ordinance of the consolidated city, subject to subsection (c).

(c) Such an ordinance may be codified, amended, or repealed by the city-county legislative body in the same manner as other ordinances under this title.

[Pre-Local Government Recodification Citation: 18-4-5-9.]

As added by Acts 1980, P.L.212, SEC.2.
Ind. Code § 36-2-14-8 — Indiana Code / Title 36 / Article 2 / Chapter 14 / Section 36-2-14-8
Repealed
Status: repealed

[Pre-Local Government Recodification Citation: 5-7-9-5.]

As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1980, P.L.125, SEC.25. Repealed by P.L.75-2026, SEC.5.
Ind. Code § 36-1.5-4-24 — Indiana Code / Title 36 / Article 1.5 / Chapter 4 / Section 36-1.5-4-24
Filing of reorganization plan
Status: in_force

Sec. 24. The legislative body of the reorganizing political subdivision with the largest population shall provide for a certified copy of the plan of reorganization to be filed with each of the following at the same time certifications are made under section 23 of this chapter:

(1) The county recorder of each county in which a reorganizing political subdivision is located.

(2) The department of local government finance.

(3) If any of the reorganizing political subdivisions is a school corporation, the department of education.

(4) If the plan of reorganization changes any election district or abolishes an elected office, the clerk of the circuit court in each county affected by the election district or elected office.

As added by P.L.186-2006, SEC.4.
Ind. Code § 36-7-9-22 — Indiana Code / Title 36 / Article 7 / Chapter 9 / Section 36-7-9-22
Emergencies; court order authorizing action to make premises safe; judgment for costs
Status: in_force

Sec. 22. (a) A court acting under section 17 of this chapter may set a hearing to be held within ten (10) days after the filing of a complaint alleging the existence of unsafe premises presenting an immediate danger to the health and safety of the surrounding community sufficient to warrant emergency action. Upon a finding at the hearing in favor of the department, the court may:

(1) permit the enforcement authority to cause the action necessary to make the premises safe to be immediately performed by a contractor licensed and qualified under law;

(2) permit the enforcement authority to cause the action necessary to make the premises safe to be immediately performed by a contractor licensed and qualified under law after the defendants have had a reasonable time, as established by the court, to make the unsafe premises safe and have failed to complete the necessary action; or

(3) grant a mandatory injunction relative to the unsafe premises that would require a defendant who has an interest in the premises that allows the defendant to take corrective action to immediately make the premises safe.

In granting relief under subdivision (2) or (3) the court shall set a date certain for the completion of the necessary action and shall hold a hearing within ten (10) days after that date to determine whether the necessary action has been completed.

(b) The issuance of an order concerning the unsafe premises is not a prerequisite to permission by the court to cause action to be performed on the unsafe premises. If an order has been issued concerning the unsafe premises, it does not prevent the permission by the court to cause action to be performed on the unsafe premises.

(c) If the enforcement authority requests authority to cause action on the unsafe premises to be performed by a contractor, all persons having a substantial property interest in the unsafe premises shall be made party defendants.

(d) The cost of accomplishing the work may, after a hearing, be entered by the court as a judgment against persons having a fee interest, life estate interest, or equitable interest of a contract purchaser in the unsafe premises.

[Pre-Local Government Recodification Citation: 18-5-5.5-19 part.]

As added by Acts 1981, P.L.309, SEC.28. Amended by P.L.59-1986, SEC.14.
Ind. Code § 36-7-32.5-18 — Indiana Code / Title 36 / Article 7 / Chapter 32.5 / Section 36-7-32.5-18
Determination of gross retail base period amount and income tax base period amount; tax incremental amount calculations; transfer of tax incremental amounts
Status: in_force

Sec. 18. (a) Not later than October 1 of the calendar year immediately following the designation date of an innovation development district, the department of state revenue shall set the gross retail base period amount and the income tax base period amount. The department of state revenue may request any information necessary from the corporation and executive, or executives, to determine the gross retail base period amount and the income tax base period amount. Not later than ten (10) days after a request from the department of state revenue, the corporation and executive, or executives, shall provide the necessary information.

(b) Revenue collected under the state adjusted gross income taxes and state gross retail and use taxes may not be allocated under this section before January 1 of the year immediately following the year in which the gross retail base period amount and the income tax base period amount are determined under subsection (a).

(c) Before the first business day in October of each year, the department of state revenue shall calculate the income tax incremental amount and the gross retail incremental amount for the preceding state fiscal year for each innovation development district designated under this chapter.

(d) Taxpayers operating in an innovation development district shall report annually, in the manner and form prescribed by the department of state revenue, information that the department of state revenue determines necessary to calculate the net increment.

(e) A taxpayer operating in an innovation development district that files a consolidated tax return with the department of state revenue shall also file annually an informational return with the department of state revenue for each business location of the taxpayer within the innovation development district.

(f) If a taxpayer fails to report the information required by this section or file an informational return required by this section, the department of state revenue shall use the best information available in calculating the income tax incremental amount and gross retail incremental amount.

(g) The department of state revenue shall transfer the amount calculated as provided in subsection (c) to the applicable local innovation development district fund established for the innovation development district under section 19 of this chapter by November 1 of each year.

As added by P.L.135-2022, SEC.28. Amended by P.L.213-2025, SEC.316.
Ind. Code § 36-7-12-35 — Indiana Code / Title 36 / Article 7 / Chapter 12 / Section 36-7-12-35
Responsibility for construction approval
Status: in_force

Sec. 35. The user or developer is responsible for obtaining and maintaining all approvals and permits required for the construction of economic development or pollution control facilities under this chapter.

[Pre-Local Government Recodification Citation: 18-6-4.5-27.]

As added by Acts 1981, P.L.309, SEC.31.
Ind. Code § 36-1-12.7-4 — Indiana Code / Title 36 / Article 1 / Chapter 12.7 / Section 36-1-12.7-4
Use of energy efficient technologies
Status: in_force

Sec. 4. To the extent technically and economically feasible, the board shall consider the use of energy efficiency technology in the plans and specifications for the public works project.

As added by P.L.159-2003, SEC.3.
Ind. Code § 36-10-10-21 — Indiana Code / Title 36 / Article 10 / Chapter 10 / Section 36-10-10-21
Bonds; application of proceeds; lien
Status: in_force

Sec. 21. All money received from any bond issued under this chapter, after reimbursement and repayment to the city of all amounts advanced for preliminary expenses as provided in section 9 of this chapter, shall be applied to the payment of the costs of site acquisition and construction and equipment of the convention center for which the bonds are issued, including incidental expenses, and may include interest during construction and for a period of one (1) year thereafter. A lien exists on all money, until so applied, in favor of the holders of the bonds or the trustees.

As added by Acts 1982, P.L.218, SEC.4.
Ind. Code § 36-9-4-40 — Indiana Code / Title 36 / Article 9 / Chapter 4 / Section 36-9-4-40
Board of directors; power to fulfill purposes of corporation
Status: in_force

Sec. 40. The board of directors of a public transportation corporation may carry out the purposes of the corporation.

[Pre-Local Government Recodification Citation: 19-5-2-22 part.]

As added by Acts 1981, P.L.309, SEC.77.
Ind. Code § 36-1-12.5-3 — Indiana Code / Title 36 / Article 1 / Chapter 12.5 / Section 36-1-12.5-3
"Qualified provider" defined
Status: in_force

Sec. 3. (a) As used in this chapter, "qualified provider" means the following:

(1) Before July 1, 1999, the term means a person that satisfies both of the following:

(A) The person is experienced in the design, implementation, and installation of energy conservation measures.

(B) The person submits to the school corporation or political subdivision a performance bond to ensure the qualified provider's faithful performance of the qualified provider's obligations over the term of the guaranteed energy savings contract.

(2) After June 30, 1999, the term means a person that satisfies all of the following:

(A) Subject to subdivision (3), the person is experienced in the design, implementation, and installation of energy conservation measures.

(B) The person is certified and meets the requirements of IC 4-13.6-4. The person's response to the request for proposals must include a copy of the person's certificate of qualification issued under IC 4-13.6-4.

(C) Subject to subdivision (3), the person provides energy conservation engineering services by a professional engineer licensed under IC 25-31 who is under the person's direct employment and supervision. The person's response to the request for proposals must include the license number of each professional engineer employed by the person to satisfy the requirement of this clause.

(D) The person provides:

(i) monitoring for the facility performance guarantee; and

(ii) service personnel under the person's direct employment and supervision;

for the duration of the contract's guarantee.

(E) The person performs at least twenty percent (20%) of the work (measured in dollars of the total contract price) with its own workforce.

(F) The person submits to the school corporation or political subdivision a performance bond to ensure the qualified provider's faithful performance of the qualified provider's obligations over the term of:

(i) the guaranteed energy savings contract; or

(ii) the guaranteed savings contract.

(3) With respect to conservation measures for which a contract is executed after June 30, 2006, the term includes a person that satisfies the following:

(A) The person is experienced in the design, implementation, and installation of conservation measures.

(B) The person provides engineering services with respect to conservation measures by a professional engineer licensed under IC 25-31 who is under the person's direct employment and supervision. The person's response to the request for proposals must include the license number of each professional engineer employed by the person to satisfy the requirement of this clause.

(b) For purposes of a guaranteed energy savings contract entered into before July 1, 1999, a person who was a qualified provider under subsection (a)(1) at the time the contract was entered into remains a qualified provider for that contract after June 30, 1999. If the person enters into:

(1) a guaranteed energy savings contract after June 30, 1999, and before July 1, 2006, the person must satisfy the requirements of subsection (a)(2); or

(2) a guaranteed savings contract after June 30, 2006, the person must satisfy the requirements of subsection (a)(2) and (a)(3);

to be considered a qualified provider.

As added by P.L.24-1993, SEC.6. Amended by P.L.208-1995, SEC.6; P.L.58-1999, SEC.10; P.L.168-2006, SEC.8.
Ind. Code § 36-10-5-2 — Indiana Code / Title 36 / Article 10 / Chapter 5 / Section 36-10-5-2
Designation and powers and duties of park authority in certain municipalities; powers of municipality; tax levy; borrowing and issuance of bonds; deposit of funds
Status: in_force

Sec. 2. (a) This section applies to:

(1) third class cities and towns, unless otherwise provided by law; and

(2) each second class city that:

(A) adopted second class city status by ordinance under IC 36-4-1-1.1, as a result of the 2010 federal decennial census; and

(B) has adopted all or part of this section by ordinance or resolution.

(b) As used in this section, "park authority" means:

(1) the municipal legislative body; or

(2) any of the following designated by the legislative body as the park authority:

(A) The governing body of the school corporation.

(B) A recreation board.

(C) The municipal works board.

(D) Any other appropriate board or commission.

(c) If a recreation board is established under subsection (b)(2)(B), it must consist of five (5) resident freeholders appointed by the city executive or the town legislative body. At least one (1) member must be a member of the governing body of the school corporation and no members may serve on the municipal legislative body. All members must be qualified by an interest in and knowledge of the social and educational value of recreation. The members serve without compensation. The members shall be appointed for four (4) year terms from January 1 of the year of their appointment or until their successors are appointed. The initial terms of board members, however, are as follows:

(1) One (1) for a term of one (1) year.

(2) One (1) for a term of two (2) years.

(3) One (1) for a term of three (3) years.

(4) Two (2) for terms of four (4) years.

A vacancy shall be filled by the appointing authority for the remainder of the unexpired term.

(d) A member serves at the pleasure of the member's appointing authority as long as:

(1) the city executive who appointed the member continues to hold the office of city executive; or

(2) the town legislative body that appointed the individual retains all of the same members that served on the body when the individual was appointed.

(e) The park authority shall manage all public parks, including approaches, that belong to the municipality.

(f) If a municipality decides, by ordinance, to establish, lay out, or improve a public park or grounds, or to make an extension of a park or grounds, it may locate the park or grounds, including appurtenances, and it may lay out and open the public ways necessary for the improvement. If it is necessary to acquire land, water rights, or easements, or a pool, lake, or natural stream of water, the park authority may condemn that property and take possession of it if it is located within the corporate boundaries of the municipality. Before the park authority condemns the property, it shall assess the damages to the owners of the property at a meeting of the authority. Additional condemnation proceedings are the same as those provided for the taking of property to open streets.

(g) The park authority may adopt rules concerning the laying out, improvement, preservation, ornamentation, and management of parks. The park authority shall allow monuments or buildings for libraries, works of art, or historical collections to be erected in a park, as long as they are under the control of the persons in charge of the park and no inclosure separates them from the rest of the park.

(h) The legislative body of the municipality may also levy a tax on all taxable property in the municipality to pay for park property and for its improvement. The legislative body may also borrow money and issue the bonds of the municipality at any rate of interest payable annually or semiannually and may sell them for at least par value. The money derived from the sale of bonds may be used only for the purchase or improvement of parks. The legislative body shall annually levy a tax sufficient to pay the interest on the debt on all taxable property in the municipality to create a sinking fund for the liquidation of the principal of the debt.

(i) If the park authority of a city decides to lease any buildings or grounds belonging to the city and located in a public park when they are not required for public use, the proceeds shall be deposited with the city fiscal officer to the credit of park funds and devoted to the improvement of public parks.

(j) Any nonreverting fund that was created under IC 19-7-6 (before its repeal on September 1, 1981) continues until abolished by ordinance of the municipal legislative body. The legislative body may include in the park authority's annual budget an item and an appropriation for the specific purposes of a nonreverting capital fund. Money put in the fund may not be withdrawn except for the purposes for which the fund was created, unless the legislative body repeals the ordinance creating the fund. The repeal may not be made under suspension of the rules. Money procured from fees shall be deposited at least once each month with the municipal fiscal officer. The fiscal officer shall deposit the money either in a special nonreverting operating fund or in the nonreverting capital fund as directed by the park authority. The legislative body may provide by ordinance that expenditures may be made from the special nonreverting operating fund without appropriation. Money from fees procured from golf courses, swimming pools, skating rinks, or other similar facilities requiring major expenditures for management and maintenance may not be deposited in this fund. Money from either fund shall be disbursed only on approved claims that are allowed and signed in the same manner as other claims of the municipality are allowed and signed.

[Pre-Local Government Recodification Citations: subsection (a) New; subsection (b) formerly 18-1-9-1 part; 18-1-22-1 part; subsection (c) formerly 18-1-9-1 part; subsection (d) formerly 18-1-22-1 part; subsection (e) formerly 18-1-22-2 part; subsection (f) formerly 18-1-22-2 part; subsection (g) formerly 19-7-40-1.]

As added by Acts 1981, P.L.309, SEC.112. Amended by Acts 1981, P.L.320, SEC.19; P.L.3-1990, SEC.142; P.L.119-2012, SEC.238; P.L.277-2019, SEC.17; P.L.40-2026, SEC.27.
Ind. Code § 36-9-29-19 — Indiana Code / Title 36 / Article 9 / Chapter 29 / Section 36-9-29-19
Acquisition of property; purchase, contract, or eminent domain
Status: in_force

Sec. 19. After the flood control board has published notice of the filing of the acquisition and damage roll under section 18(c) of this chapter, it may acquire the property described in the roll by purchase, by contract, or by the exercise of the power of eminent domain under IC 32-24.

[Pre-Local Government Recodification Citation: 19-4-18-11.]

As added by Acts 1981, P.L.309, SEC.105. Amended by P.L.2-2002, SEC.125.
Ind. Code § 36-1-12-24 — Indiana Code / Title 36 / Article 1 / Chapter 12 / Section 36-1-12-24
Drug testing of employees of public works contractors; requirements for use of previously filed employee drug testing program
Status: in_force

Sec. 24. (a) As used in this section, "contractor" includes a subcontractor of a contractor.

(b) IC 4-13-18, regarding drug testing of employees of public works contractors, applies to a public works contract if the estimated cost of the public works contract is at least three hundred thousand dollars ($300,000).

(c) An employee drug testing program submitted to the board under this section must have been effective and applied at the time of the solicitation for bids.

(d) A contractor who has previously filed a copy of the contractor's employee drug testing program with the board in the current calendar year or within the previous two (2) calendar years satisfies the requirement for submitting an employee drug testing program, unless the employee drug testing program has been revised.

As added by P.L.252-2015, SEC.44. Amended by P.L.213-2015, SEC.264; P.L.72-2018, SEC.17; P.L.236-2023, SEC.162; P.L.86-2025, SEC.7.
Ind. Code § 36-9-27.8-18 — Indiana Code / Title 36 / Article 9 / Chapter 27.8 / Section 36-9-27.8-18
Unpaid assessments constitute lien
Status: in_force

Sec. 18. (a) All assessments that are imposed on an owner of property in a subdivision under this chapter but are unpaid constitute a subdivision drain repair lien on the property as provided in section 19 of this chapter.

(b) The priority of a subdivision drain repair lien is established on the date on which the notice of the lien is recorded under section 19 of this chapter.

As added by P.L.139-2018, SEC.2.
Ind. Code § 36-4-6-7 — Indiana Code / Title 36 / Article 4 / Chapter 6 / Section 36-4-6-7
Meetings
Status: in_force

Sec. 7. (a) The legislative body shall hold its first regular meeting in January after its election. In subsequent months, the legislative body shall hold regular meetings at least once a month, unless its rules require more frequent meetings.

(b) A special meeting of the legislative body shall be held when called by the city executive or when called under the rules of the legislative body.

[Pre-Local Government Recodification Citation: 18-1-3-2 part.]

As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.169-2006, SEC.52.
Ind. Code § 36-7-25-2 — Indiana Code / Title 36 / Article 7 / Chapter 25 / Section 36-7-25-2
Definitions
Status: in_force

Sec. 2. The definitions set forth in IC 36-7-14 and IC 36-7-15.1 apply throughout this chapter.

As added by P.L.35-1990, SEC.62.
Ind. Code § 36-8-4-9 — Indiana Code / Title 36 / Article 8 / Chapter 4 / Section 36-8-4-9
Firefighters; hours of work
Status: in_force

Sec. 9. (a) Except as provided in subsection (c), a member of a regularly organized and paid fire department may not be required to work more than an average of fifty-six (56) hours per week. However, if on September 1, 1985, a fire department was using sixty-three (63) hours as the maximum average number of hours a member could work a week, the department may continue to use that figure as the standard. A member may not be on duty more than twenty-four (24) consecutive hours and must be off duty at least twenty-four (24) consecutive hours out of any forty-eight (48) hour period. Each member is entitled to an additional twenty-four (24) consecutive hours off duty in every eight (8) day period.

(b) Notwithstanding subsection (a), in case of emergency, or if the personnel of the fire department has been reduced below its regular strength because members are serving in the armed forces of the United States, the chief of the fire department, the assistant chief, or other officer in charge may assign a member of the fire department to continuous duty during the emergency.

(c) A fire department may deviate from the required maximum work hours described in subsection (a) only if authorized by a collective bargaining agreement, memorandum of understanding, or other similar written mutual agreement with an exclusive recognized representative (as defined in IC 36-8-22-5) of employees of the fire department.

[Pre-Local Government Recodification Citation: 19-1-35-1.]

As added by Acts 1981, P.L.309, SEC.53. Amended by P.L.343-1985, SEC.1; P.L.43-2024, SEC.1.
Ind. Code § 36-6-1-2 — Indiana Code / Title 36 / Article 6 / Chapter 1 / Section 36-6-1-2
Boundaries; records
Status: in_force

Sec. 2. Accurate descriptions of township boundaries shall be maintained in the records of the county executive.

[Pre-Local Government Recodification Citation: 17-1-19-2.]

As added by Acts 1980, P.L.212, SEC.5.
Ind. Code § 36-8-15-18 — Indiana Code / Title 36 / Article 8 / Chapter 15 / Section 36-8-15-18
Counties having consolidated cities; special property tax; disposition of revenue; public communications systems and computer facilities district revenue fund
Status: in_force

Sec. 18. (a) This section applies to a county having a consolidated city.

(b) For the purpose of raising money to pay off bonds issued under section 15 of this chapter and any interest on them, the county fiscal body may levy each year a special tax upon all of the property located within the district, in such manner as to meet and pay the principal of the bonds as they severally mature, together with all accruing interest on them. Other revenues and funds may be annually allocated by statute or ordinance to be applied to reduction of the bonds and their interest for the next succeeding year, but to the extent that money on hand is insufficient for payments required in the next succeeding year, the special tax shall be levied.

(c) The tax collected and all other allocated money shall be accumulated and kept in a separate fund to be known as the public communications systems and computer facilities district revenue fund, and shall be applied to the payment of the district bonds and interest as they severally mature and fiscal agency charges for making such payments and to no other purposes. All accumulations may be deposited, at interest, with one (1) of the depositories of other funds of the consolidated city, and all interest collected belongs to the fund.

As added by P.L.82-1985, SEC.3. Amended by P.L.225-1986, SEC.7.
Ind. Code § 36-9-27-59 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-59
Construction of drains; remonstrances and objections to petition
Status: in_force

Sec. 59. (a) At least five (5) days before the board's hearing on a petition to establish a new regulated drain, one (1) or more persons who own two-thirds (2/3) in the area of the acreage and fifty-one percent (51%) of the assessed valuation of the land named in the petition, or that may be affected by an assessment of benefits or damages, may file with the board a written remonstrance, signed by each remonstrator, against the construction of the proposed drain.

(b) At least five (5) days before the board's hearing on a petition to establish a new regulated drain, any person named in the petition as the owner of land likely to be affected by the proposed drain may object to any member of the board acting in the proceedings to establish the drain, if that member has an interest in any of the land described in the petition. The objection must be in writing, filed with the board, and verified by the signer.

[Pre-Local Government Recodification Citation: 19-4-2-8.]

As added by Acts 1981, P.L.309, SEC.101.
Ind. Code § 36-9-13-4 — Indiana Code / Title 36 / Article 9 / Chapter 13 / Section 36-9-13-4
Building authorities; authorization; purposes
Status: in_force

Sec. 4. A county may establish a separate municipal corporation to be known as the "__________ building authority" (including the name of the county seat and county) for the purpose of:

(1) acquiring land; and

(2) financing, acquiring, improving, constructing, reconstructing, renovating, equipping, and operating government buildings and systems;

and leasing them to eligible entities.

[Pre-Local Government Recodification Citation: 19-8-4-1 part.]

As added by Acts 1981, P.L.309, SEC.86. Amended by Acts 1981, P.L.188, SEC.5; P.L.37-1988, SEC.30.
Ind. Code § 36-12-11-23 — Indiana Code / Title 36 / Article 12 / Chapter 11 / Section 36-12-11-23
Disciplinary actions; conditions
Status: in_force

Sec. 23. A practitioner may be disciplined under section 26 of this chapter if after a hearing the board finds any of the following:

(1) The practitioner has:

(A) employed or knowingly cooperated in fraud or material deception in order to obtain a certificate issued under this chapter;

(B) engaged in fraud or material deception in the course of professional services or activities; or

(C) advertised services in a false or misleading manner.

(2) The practitioner has been convicted of a crime that has a direct bearing on the practitioner's ability to practice competently.

(3) The practitioner has knowingly violated a rule adopted by the board.

(4) The practitioner has continued to practice although the practitioner has become unfit to practice due to:

(A) professional incompetence;

(B) failure to keep abreast of current professional theory or practice;

(C) physical or mental disability; or

(D) addiction or severe dependency upon alcohol or other drugs that endangers the public by impairing a practitioner's ability to practice safely.

(5) The practitioner has engaged in a course of lewd or immoral conduct in connection with the practitioner's practice.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-12-23.]

As added by P.L.1-2005, SEC.49.
Ind. Code § 36-4-1.5-5 — Indiana Code / Title 36 / Article 4 / Chapter 1.5 / Section 36-4-1.5-5
Effective date of status change
Status: in_force

Sec. 5. A town becomes a city under this chapter on January 1 after the first election of city officers under section 4 of this chapter.

As added by P.L.111-2005, SEC.2.
Ind. Code § 36-10-9.1-18 — Indiana Code / Title 36 / Article 10 / Chapter 9.1 / Section 36-10-9.1-18
Repealed
Status: repealed

As added by P.L.82-1985, SEC.12; P.L.82-1985, SEC.12. Repealed by P.L.19-1986, SEC.62.
Ind. Code § 36-2-9.5-13 — Indiana Code / Title 36 / Article 2 / Chapter 9.5 / Section 36-2-9.5-13
Responsibility for warrants, accounting, payroll, revenue and tax distribution, and property records
Status: in_force

Sec. 13. (a) The county auditor is responsible for the issuance of warrants for payments from county and city funds.

(b) The county auditor is responsible for:

(1) accounting;

(2) payroll, accounts payable, and accounts receivable;

(3) revenue and tax distributions; and

(4) maintenance of property records;

for all city and county departments, offices, and agencies.

As added by P.L.227-2005, SEC.16.
Ind. Code § 36-8-7-24 — Indiana Code / Title 36 / Article 8 / Chapter 7 / Section 36-8-7-24
Temporary loans; authorization and procedure
Status: in_force

Sec. 24. The local board may, by resolution, authorize temporary loans to be made and effected in anticipation of current revenues of the unit actually levied and in the course of collection for the fiscal year in which the loans are made. The fiscal body of the unit shall by ordinance authorize the temporary loans and the issuance and sale of securities for them in the same manner as prescribed for the unit generally in making temporary loans.

[Pre-Local Government Recodification Citation: 19-1-37-27 part.]

As added by Acts 1981, P.L.309, SEC.57.
Ind. Code § 36-7-4-220 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-220
Membership of commission; vacancies; appointment of alternate members
Status: repealed

Sec. 220. (a) If a vacancy occurs among the plan commission members who are appointed, then the appointing authority shall appoint a member for the unexpired term of the vacating member who meets the same requirements as the vacating member, including residency, not later than ninety (90) days after the vacancy occurs. The appointing authority may also appoint an alternate member who meets the same requirements as the disqualified member, including residency, to participate with the commission in a hearing or decision if the regular member appointed by the appointing authority has a disqualification under section 223(c) of this chapter. An alternate member has all the powers and duties of a regular member while participating in the hearing or decision.

(b) If a vacancy occurs in the office of the county surveyor while the county surveyor is serving on the plan commission, then the county engineer shall participate with the plan commission during the time the office of the county surveyor is vacant. The county engineer has all the powers and duties of a regular member while participating under this subsection.

(c) An appointed member who misses three (3) consecutive regular meetings of the plan commission may be treated as if the member had resigned, at the discretion of the appointing authority.

[Pre-Local Government Recodification Citations: 18-7-2-8 part; 18-7-2-9; 18-7-4-220; 18-7-4-15; 18-7-5-15.]

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.12; P.L.23-1991, SEC.39; P.L.126-2011, SEC.11; P.L.193-2017, SEC.5; P.L.53-2020, SEC.2.
Ind. Code § 36-10-11-7 — Indiana Code / Title 36 / Article 10 / Chapter 11 / Section 36-10-11-7
Trustees; rules; reimbursement of expenses
Status: in_force

Sec. 7. The trustees may adopt the rules that they consider necessary for the proper conduct of their proceedings. Trustees serve without pay but are entitled to reimbursement for any expenses necessarily incurred in the performance of their duties.

As added by Acts 1982, P.L.218, SEC.5.
Ind. Code § 36-7-7.7-3 — Indiana Code / Title 36 / Article 7 / Chapter 7.7 / Section 36-7-7.7-3
Establishment
Status: in_force

Sec. 3. The Indianapolis metropolitan planning organization is established.

As added by P.L.83-2020, SEC.1.
Ind. Code § 36-9-13-35 — Indiana Code / Title 36 / Article 9 / Chapter 13 / Section 36-9-13-35
Review of annual budget
Status: in_force

Sec. 35. The annual operating budget of a building authority is subject to review by the department of local government finance as in the case of other political subdivisions.

[Pre-Local Government Recodification Citation: 19-8-4-24.]

As added by Acts 1981, P.L.309, SEC.86. Amended by P.L.90-2002, SEC.511; P.L.224-2007, SEC.134; P.L.146-2008, SEC.790; P.L.257-2019, SEC.161.
Ind. Code § 36-8-17.5-4 — Indiana Code / Title 36 / Article 8 / Chapter 17.5 / Section 36-8-17.5-4
Access for inspections
Status: in_force

Sec. 4. (a) A fire department shall be allowed entry and access to every place or public way within the jurisdiction of the political subdivision that the fire department serves, except the interiors of private dwellings, for the purpose of making a pre-planning inspection under this chapter.

(b) A fire department shall notify the occupant or owner of a Class 1 structure seven (7) days in advance of performing a pre-planning inspection. The notification may be oral or in writing.

As added by P.L.20-1999, SEC.1.
Ind. Code § 36-1-8.5-4 — Indiana Code / Title 36 / Article 1 / Chapter 8.5 / Section 36-1-8.5-4
"Law enforcement officer"
Status: in_force

Sec. 4. As used in this chapter, "law enforcement officer" means an individual who is employed or was formerly employed as:

(1) a police officer (including a tribal police officer, a correctional police officer, and a hospital police officer employed by a hospital police department established under IC 16-18-4), sheriff, constable, marshal, prosecuting attorney, special prosecuting attorney, special deputy prosecuting attorney, the securities commissioner, or the inspector general;

(2) a deputy of any of the persons specified in subdivision (1);

(3) an investigator for a prosecuting attorney or for the inspector general;

(4) a conservation officer;

(5) an enforcement officer of the alcohol and tobacco commission;

(6) an enforcement officer of the securities division of the office of the secretary of state; or

(7) a member in the military police force of the Indiana National Guard while exercising police powers in accordance with IC 10-16-23-3.

As added by P.L.106-2013, SEC.2. Amended by P.L.64-2022, SEC.12; P.L.122-2023, SEC.20; P.L.94-2026, SEC.85.
Ind. Code § 36-8-7-3 — Indiana Code / Title 36 / Article 8 / Chapter 7 / Section 36-8-7-3
Creation of fund; management by board of trustees; powers and duties
Status: in_force

Sec. 3. (a) A firefighters' pension fund to be known as the 1937 fund is established in each unit described by section 1(a) of this chapter.

(b) The 1937 fund shall be managed by a board of trustees (referred to as the "local board" in this chapter) composed of seven (7) trustees. Two (2) trustees are the executive of the unit and the fire chief, who are ex officio voting trustees. The other trustees are one (1) retired member of the fire department and four (4) active members of the fire department elected for the terms and in the manner provided in this chapter.

(c) The local board has control of the 1937 fund of the unit. The local board shall manage, use, and disburse the fund for the purpose and in the manner prescribed by this chapter. The local board may adopt and enforce bylaws that do not conflict with this chapter and are considered necessary to enable it to achieve the purposes for which it was organized. Each trustee shall, before entering upon the duties of the trustee's office, take an oath to faithfully perform the trustee's duties.

[Pre-Local Government Recodification Citations: subsection (a) formerly 19-1-37-1 part; subsection (b) formerly 19-1-37-2 part; subsection (c) formerly 19-1-37-2 part.]

As added by Acts 1981, P.L.309, SEC.57. Amended by P.L.236-1996, SEC.3; P.L.127-2017, SEC.248.
Ind. Code § 36-2-14-6 — Indiana Code / Title 36 / Article 2 / Chapter 14 / Section 36-2-14-6
Determination of cause, manner, mechanism of death; suspicion of overdose; certificate of death; moving of body; autopsy; coroner duties
Status: in_force

Sec. 6. (a) Whenever the coroner is notified that a person in the county:

(1) has died from violence;

(2) has died by casualty;

(3) has died when apparently in good health;

(4) has died in an apparently suspicious, unusual, or unnatural manner; or

(5) has been found dead;

the coroner shall, before the scene of the death is disturbed, notify a law enforcement agency having jurisdiction in that area.

(b) The law enforcement agency having jurisdiction shall, in cooperation with the coroner, secure, control, and process the scene of the death. The agency shall conduct the criminal investigation into the death, including but not limited to evidence collection, witness interviews, suspect identification, and case preparation.

(c) The coroner has exclusive custody of the body and any property on the body not secured as evidence. The coroner shall coordinate the examination and removal of the body with the law enforcement agency to ensure preservation of evidence and the integrity of the scene.

(d) The coroner and the law enforcement agency shall cooperate fully, share information, and conduct their respective duties as part of a single coordinated death investigation.

(e) If the coroner reasonably suspects the cause of the person's death to be accidental or intentional overdose of a controlled substance (as defined by IC 35-48-1.1-7), the coroner shall do the following:

(1) Obtain any relevant information about the decedent maintained by the INSPECT program established by IC 25-1-13-4.

(2) Extract one (1) or more of the following bodily fluids from the decedent:

(A) Blood.

(B) Vitreous.

(C) Urine.

(3) Test a bodily fluid extracted under subdivision (2) to determine whether the bodily fluid contained any amount, including a trace amount, of a controlled substance at the time of the decedent's death.

(4) If the coroner reasonably suspects the cause of the person's death to be accidental or intentional overdose of an opioid (as defined in IC 35-48-1.1-31) or if the person was administered an overdose intervention drug (as defined in IC 16-18-2-263.9) prior to death and was unresponsive to the overdose intervention drug, the coroner shall test a bodily fluid extracted under subdivision (2) to determine whether the bodily fluid contained any amount, including a trace amount, of xylazine at the time of the decedent's death.

(5) Report the results of the test conducted under this subsection to the Indiana department of health after completing the medical investigation of the cause of the decedent's death.

(6) Provide the Indiana department of health notice of the decedent's death, including any information related to the controlled substances involved, if any.

(f) The coroner:

(1) shall file a certificate of death with the county health department, or, if applicable, a multiple county health department, of the county in which the individual died, within seventy-two (72) hours after the completion of the death investigation;

(2) shall complete the certificate of death utilizing all verifiable information establishing the time and date of death; and

(3) may file a pending investigation certificate of death before completing the certificate of death, if necessary.

(g) If this section applies, the body and the scene of death may not be disturbed until:

(1) the coroner has photographed them in the manner that most fully discloses how the person died; and

(2) law enforcement and the coroner have finished their initial assessment of the scene of death.

However, a coroner or law enforcement officer may order a body to be moved before photographs are taken if the position or location of the body unduly interferes with activities carried on where the body is found, but the body may not be moved from the immediate area and must be moved without substantially destroying or altering the evidence present.

(h) When acting under this section, if the coroner considers it necessary to have an autopsy performed, is required to perform an autopsy under subsection (j), or is requested by the prosecuting attorney of the county to perform an autopsy, the coroner shall arrange for the autopsy to be performed by a:

(1) physician who:

(A) is certified by the American Board of Pathology; or

(B) holds a subspecialty board certification in forensic pathology from the American Osteopathic Board of Pathology and the American Osteopathic Association; or

(2) pathology resident acting under the direct supervision of a physician described in subdivision (1).

A physician employed under subdivision (1) to perform the autopsy shall be paid a fee of at least fifty dollars ($50) from the county treasury.

(i) If:

(1) at the request of:

(A) the decedent's spouse;

(B) a child of the decedent, if the decedent does not have a spouse;

(C) a parent of the decedent, if the decedent does not have a spouse or children;

(D) a brother or sister of the decedent, if the decedent does not have a spouse, children, or parents; or

(E) a grandparent of the decedent, if the decedent does not have a spouse, children, parents, brothers, or sisters;

(2) in any death, two (2) or more witnesses who corroborate the circumstances surrounding death are present; and

(3) two (2) physicians who are licensed to practice medicine in the state and who have made separate examinations of the decedent certify the same cause of death in an affidavit within twenty-four (24) hours after death;

an autopsy need not be performed. The affidavits shall be filed with the circuit court clerk.

(j) A county coroner may not certify the cause of death in the case of the sudden and unexpected death of a child who is less than three (3) years old unless an autopsy is performed at county expense. However, a coroner may certify the cause of death of a child described in this subsection without the performance of an autopsy if subsection (i) applies to the death of the child.

(k) After consultation with the law enforcement agency investigating the death of a decedent, the coroner shall do the following:

(1) Inform a crematory authority if a person is barred under IC 23-14-31-26(c) from serving as the authorizing agent with respect to the cremation of the decedent's body because the coroner made the determination under IC 23-14-31-26(c)(2) in connection with the death of the decedent.

(2) Inform a cemetery owner if a person is barred under IC 23-14-55-2(c) from authorizing the disposition of the body or cremated remains of the decedent because the coroner made the determination under IC 23-14-55-2(c)(2) in connection with the death of the decedent.

(3) Inform a seller of prepaid services or merchandise if a person's contract is unenforceable under IC 30-2-13-23(b) because the coroner made the determination under IC 30-2-13-23(b)(4) in connection with the death of the decedent.

[Pre-Local Government Recodification Citation: 17-3-17-4.]

As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1981, P.L.39, SEC.2; P.L.106-1986, SEC.2; P.L.339-1987, SEC.1; P.L.179-2003, SEC.5; P.L.102-2007, SEC.5; P.L.157-2007, SEC.3; P.L.225-2007, SEC.12; P.L.34-2011, SEC.12; P.L.193-2018, SEC.4; P.L.47-2019, SEC.5; P.L.102-2019, SEC.2; P.L.211-2019, SEC.48; P.L.56-2023, SEC.330; P.L.71-2023, SEC.1; P.L.186-2025, SEC.254; P.L.75-2026, SEC.3.
Ind. Code § 36-1.5-6-4 — Indiana Code / Title 36 / Article 1.5 / Chapter 6 / Section 36-1.5-6-4
Use of grant
Status: in_force

Sec. 4. A reorganized school corporation that receives a grant under this chapter may use the grant for one (1) or more of the following purposes:

(1) Payment of expenses associated with the reorganization, including professional service fees, legal costs, and necessary capital expenditures.

(2) Providing salary bonuses to teachers. A bonus provided under this chapter is not subject to collective bargaining under IC 20-29-6, but a discussion of the bonus must be held.

As added by P.L.217-2017, SEC.160.
Ind. Code § 36-1-9.5-14 — Indiana Code / Title 36 / Article 1 / Chapter 9.5 / Section 36-1-9.5-14
"Prequalification administrator" defined
Status: in_force

Sec. 14. As used in this chapter, "prequalification administrator" means the administrative officer of an entity who is responsible for the administration of the qualification of contractors under this chapter.

As added by P.L.85-1991, SEC.3.
Ind. Code § 36-8-13.5-2 — Indiana Code / Title 36 / Article 8 / Chapter 13.5 / Section 36-8-13.5-2
Inapplicable to volunteer fire department
Status: in_force

Sec. 2. This chapter does not apply to a volunteer fire department under IC 36-8-12.

As added by P.L.65-2008, SEC.4.
Ind. Code § 36-6-5-1 — Indiana Code / Title 36 / Article 6 / Chapter 5 / Section 36-6-5-1
Certain townships; election of assessor; residence; term of office; eligibility; county assessor performing assessment duties of certain townships
Status: in_force

Sec. 1. (a) Subject to subsection (g), before 2009, a township assessor shall be elected under IC 3-10-2-13 by the voters of each township:

(1) having:

(A) a population of more than eight thousand (8,000); or

(B) an elected township assessor or the authority to elect a township assessor before January 1, 1979; and

(2) in which the number of parcels of real property on January 1, 2008, is at least fifteen thousand (15,000).

(b) Subject to subsection (g), before 2009, a township assessor shall be elected under IC 3-10-2-14 (repealed effective July 1, 2008) in each township:

(1) having a population of more than five thousand (5,000) but not more than eight thousand (8,000), if:

(A) the legislative body of the township, by resolution, declares that the office of township assessor is necessary; and

(B) the resolution is filed with the county election board not later than the first date that a declaration of candidacy may be filed under IC 3-8-2; and

(2) in which the number of parcels of real property on January 1, 2008, is at least fifteen thousand (15,000).

(c) Subject to subsection (g), a township government that is created by merger under IC 36-6-1.5 shall elect only one (1) township assessor under this section. However, if a township government is created by merger under IC 36-6-1.7, the merger does not affect the office of township assessor. The voters of each township having a township assessor before the merger is effective shall continue to elect one (1) township assessor after the merger is effective. The elected township assessor shall perform all assessing duties within the geographical boundaries of the township assessor's former township.

(d) Subject to subsection (g), after 2008 a township assessor shall be elected under IC 3-10-2-13 only by the voters of each township in which:

(1) the number of parcels of real property on January 1, 2008, is at least fifteen thousand (15,000); and

(2) the transfer to the county assessor of the assessment duties prescribed by IC 6-1.1 is disapproved in the referendum under IC 36-2-15.

(e) The township assessor must reside within the township as provided in Article 6, Section 6 of the Constitution of the State of Indiana. The assessor forfeits office if the assessor ceases to be a resident of the township.

(f) The term of office of a township assessor is four (4) years, beginning January 1 after election and continuing until a successor is elected and qualified. However, the term of office of a township assessor elected at a general election in which no other township officer is elected ends on December 31 after the next election in which any other township officer is elected.

(g) To be eligible to serve as a township assessor, an individual must meet the following qualifications before taking office:

(1) If the individual has never held the office of township assessor, the individual must have attained a level two assessor-appraiser certification under IC 6-1.1-35.5.

(2) If the individual has held the office of township assessor, the individual must have attained a level three assessor-appraiser certification under IC 6-1.1-35.5.

(h) After June 30, 2008, the county assessor shall perform the assessment duties prescribed by IC 6-1.1 in a township in which the number of parcels of real property on January 1, 2008, is less than fifteen thousand (15,000).

[Pre-Local Government Recodification Citations: Part new; 17-4-27.4-1 part.]

As added by Acts 1980, P.L.212, SEC.5. Amended by Acts 1982, P.L.1, SEC.59; P.L.14-1983, SEC.5; P.L.5-1986, SEC.58; P.L.3-1987, SEC.564; P.L.3-1997, SEC.470; P.L.1-2004, SEC.63 and P.L.23-2004, SEC.65; P.L.88-2005, SEC.17; P.L.240-2005, SEC.5; P.L.219-2007, SEC.117; P.L.3-2008, SEC.262; P.L.146-2008, SEC.710; P.L.1-2009, SEC.164; P.L.167-2015, SEC.14; P.L.134-2026, SEC.11.
Ind. Code § 36-9-3-19 — Indiana Code / Title 36 / Article 9 / Chapter 3 / Section 36-9-3-19
Limitations and obligations of authority
Status: in_force

Sec. 19. (a) In connection with any construction or acquisition, the authority shall make relocation payments in the manner prescribed by IC 8-23-17.

(b) A private company lawfully providing public transportation service within the territory of the authority when the authority is established may continue to operate the same route or routes and levels of service as approved by the department of state revenue.

(c) Only the proceedings prescribed by this chapter are required in connection with the granting of franchise contracts provided for in this chapter.

(d) Notwithstanding section 13 of this chapter, the board may not act in a manner that would adversely affect a common carrier's freight operations.

(e) The board may not exercise the power of eminent domain.

[Pre-Local Government Recodification Citations: 19-5-2.5-15; 19-5-2.5-23.]

As added by Acts 1981, P.L.309, SEC.76. Amended by P.L.23-1988, SEC.119; P.L.18-1990, SEC.296; P.L.235-1997, SEC.12.
Ind. Code § 36-9-29-4 — Indiana Code / Title 36 / Article 9 / Chapter 29 / Section 36-9-29-4
Petition to establish district; procedure
Status: in_force

Sec. 4. (a) Upon the adoption of a declaratory resolution under section 3 of this chapter, the city works board shall file with the circuit court for the county in which the city is located a petition requesting the establishment of a flood control district to include the territory described in the resolution. A copy of the resolution shall be attached to the petition. The petition shall be docketed in the court as a pending cause, and shall be entitled "In the matter of the city of ____________, petition for the establishment of flood control district".

(b) Upon the filing of the petition, the circuit court shall fix a time when the petition shall be heard, which may not be less than fifteen (15) nor more than thirty (30) days after the filing. The clerk of the court shall publish a notice of the hearing in accordance with IC 5-3-1. The notice must:

(1) contain a brief summary of the petition;

(2) set out the description of the boundaries of the proposed district, as set out in the resolution attached to the petition;

(3) state the time and place fixed for the hearing on the petition; and

(4) advise all interested parties that they may appear and be heard.

(c) The clerk of the circuit court shall certify and send to the attorney general, by registered mail, a copy of the petition, together with a copy of the resolution attached to the petition and a copy of the notice of hearing.

(d) After the publication and mailing of the notice, all persons having any interest in property or highways located in the petitioning city, or within four (4) miles outside the corporate boundaries of the city, are conclusively presumed to have notice of the pendency of the petition and all subsequent proceedings had under the petition.

[Pre-Local Government Recodification Citation: 19-4-18-2.]

As added by Acts 1981, P.L.309, SEC.105. Amended by Acts 1981, P.L.45, SEC.87.
Ind. Code § 36-9-39-15 — Indiana Code / Title 36 / Article 9 / Chapter 39 / Section 36-9-39-15
Sewage works for use by property owners along street, alley, or other public place; requirements
Status: in_force

Sec. 15. (a) The requirements listed in subsection (b) apply only if the municipal works board finds that the sewage works to be constructed:

(1) are intended and adapted only for local use by property owners along the line of the street, alley, or other public place on which the sewage works are constructed; and

(2) are not intended or adapted for receiving sewage from collateral sewers.

(b) The following requirements apply to the sewage works if the conditions of subsection (a) are satisfied:

(1) The abutting lots, parcels, and tracts of land shall be assessed primarily for the cost of the sewage works.

(2) The cost of the sewage works shall be primarily estimated according to the total number of lots abutting on the line of the works and served by the sewage works.

(3) The costs shall be primarily apportioned equally among all abutting lands or lots. However, adjustments shall be made as provided by section 16 of this chapter.

As added by P.L.98-1993, SEC.10.
Ind. Code § 36-7-11.9-5 — Indiana Code / Title 36 / Article 7 / Chapter 11.9 / Section 36-7-11.9-5
"Financing"
Status: in_force

Sec. 5. "Financing" includes the activities listed in IC 36-7-12-18.

As added by P.L.20-1985, SEC.14.
Ind. Code § 36-9-9-12 — Indiana Code / Title 36 / Article 9 / Chapter 9 / Section 36-9-9-12
Additional lighting facilities; petition; construction; assessment of costs
Status: in_force

Sec. 12. (a) Whenever a lighting system has been established in accordance with this chapter, and an owner of property within any city block or blocks included in the system wants lighting facilities in front of or near the owner's property that:

(1) are additional to those described in the plans and specifications on file; and

(2) consist of either lighting posts or lamps of greater candlepower, or both;

the property owner may file the property owner's petition with the municipal works board. The petition must fully describe the additional lighting facilities that are wanted.

(b) The works board shall grant the petition and refer it to the person who supervises the system, who shall prepare and file:

(1) plans and specifications for the additional lighting; and

(2) the estimated annual cost of the additional lighting.

(c) When the plans, specifications, and annual cost are approved by the works board and by the property owner, the works board shall notify the utility operating the lighting system. The utility shall immediately proceed to erect, install, construct, and connect the additional lighting at its own expense. The utility shall then operate and maintain the additional lighting facilities as a part of the original system in return for additional compensation that is:

(1) agreed upon by all the interested parties and approved by the utility regulatory commission; or

(2) fixed by the commission.

(d) The property owner who petitioned for the additional lighting facilities shall pay to the municipality the additional annual cost of those facilities. The additional annual cost, which shall be added to the original amount assessable against the petitioner's property, is a lien upon the property and is payable in accordance with this chapter.

[Pre-Local Government Recodification Citation: 19-5-24-12.]

As added by Acts 1981, P.L.309, SEC.82. Amended by P.L.23-1988, SEC.125; P.L.127-2017, SEC.293.
Ind. Code § 36-2-10-6 — Indiana Code / Title 36 / Article 2 / Chapter 10 / Section 36-2-10-6
Administration of oaths
Status: in_force

Sec. 6. The treasurer may administer all oaths necessary in the discharge of the duties of the treasurer's office.

[Pre-Local Government Recodification Citation: 17-3-32-5 part.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.62.
Ind. Code § 36-7-7-10 — Indiana Code / Title 36 / Article 7 / Chapter 7 / Section 36-7-7-10
Subregional committees
Status: in_force

Sec. 10. (a) A commission may organize into not more than two (2) subregions and provide for the organization of two (2) subregional planning committees, and for meetings and rules of procedure of those committees. These rules of procedure shall be adopted as a part of the rules and bylaws of the commission.

(b) The actions of each subregional committee shall be referred to the other for review. The executive director and staff of the commission shall serve both subregional committees. Each subregional committee shall consider problems that do not directly affect the other subregion. Each subregional committee may hold meetings and elect a chair and secretary from among its own members.

[Pre-Local Government Recodification Citation: 18-7-1.1-8.]

As added by Acts 1981, P.L.309, SEC.26. Amended by P.L.127-2017, SEC.180.
Ind. Code § 36-7-5.1-18 — Indiana Code / Title 36 / Article 7 / Chapter 5.1 / Section 36-7-5.1-18
Lawsuits; process; costs
Status: in_force

Sec. 18. A commission may sue and be sued, with service of process upon the president of the commission. No costs may be taxed against the commission or any commission members in an action.

As added by P.L.300-1989, SEC.2.
Ind. Code § 36-4-6-21 — Indiana Code / Title 36 / Article 4 / Chapter 6 / Section 36-4-6-21
Investigative powers of legislative body
Status: in_force

Sec. 21. (a) The legislative body may investigate:

(1) the departments, officers, and employees of the city;

(2) any charges against a department, officer, or employee of the city; and

(3) the affairs of a person with whom the city has entered or is about to enter into a contract.

(b) When conducting an investigation under this section, the legislative body:

(1) is entitled to access to all records pertaining to the investigation; and

(2) may compel the attendance of witnesses and the production of evidence by subpoena and attachment served and executed in the county in which the city is located.

(c) If a person refuses to testify or produce evidence at an investigation conducted under this section, the legislative body may order its clerk to immediately present to the circuit court, superior court, or probate court of the county a written report of the facts relating to the refusal. The court shall hear all questions relating to the refusal to testify or produce evidence, and shall also hear any new evidence not included in the clerk's report. If the court finds that the testimony or evidence sought should be given or produced, it shall order the person to testify or produce the evidence, or both.

[Pre-Local Government Recodification Citation: 18-1-4-2 part.]

As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1980, P.L.73, SEC.9; Acts 1981, P.L.11, SEC.163; P.L.84-2016, SEC.174.
Ind. Code § 36-8-10-1 — Indiana Code / Title 36 / Article 8 / Chapter 10 / Section 36-8-10-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to all counties.

[Local Government Recodification Citation: New.]

As added by Acts 1981, P.L.309, SEC.61.
Ind. Code § 36-2-2.9-14 — Indiana Code / Title 36 / Article 2 / Chapter 2.9 / Section 36-2-2.9-14
Upload of contract to Indiana transparency website
Status: in_force

Sec. 14. The county auditor shall upload a contract submitted under section 13 of this chapter to the Indiana transparency website.

As added by P.L.139-2024, SEC.2.
Ind. Code § 36-12-5-10 — Indiana Code / Title 36 / Article 12 / Chapter 5 / Section 36-12-5-10
Repealed
Status: repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-5.1-8.]

As added by P.L.1-2005, SEC.49. Repealed by P.L.42-2018, SEC.43.
Ind. Code § 36-9-33-3 — Indiana Code / Title 36 / Article 9 / Chapter 33 / Section 36-9-33-3
Power to provide for collection and disposal of solid waste
Status: in_force

Sec. 3. A unit may by ordinance provide for and exclusively control the collection and disposal of solid waste under this chapter within the unit. However, a unit may exercise this power only upon the completion of construction or the acquisition of a facility for the processing or disposal of solid waste by incineration or similar methods.

As added by P.L.353-1985, SEC.2.
Ind. Code § 36-2-2.9-12 — Indiana Code / Title 36 / Article 2 / Chapter 2.9 / Section 36-2-2.9-12
County officer options after contract disapproval
Status: in_force

Sec. 12. (a) This section only applies to a contract that:

(1) the county executive does not disapprove under section 7 of this chapter; and

(2) is found to be unacceptable by the county executive under section 9 of this chapter.

(b) The county officer may do the following:

(1) Revise the contract and file a new request for review under this chapter.

(2) Execute the contract, if the county officer determines the contract complies with IC 36-2-2.8.

As added by P.L.139-2024, SEC.2.
Ind. Code § 36-1.5-2-4 — Indiana Code / Title 36 / Article 1.5 / Chapter 2 / Section 36-1.5-2-4
"Political subdivision"
Status: in_force

Sec. 4. "Political subdivision" has the meaning set forth in IC 36-1-2, except that the term does not include a local hospital authority or corporation.

As added by P.L.186-2006, SEC.4.
Ind. Code § 36-7-14-39.1 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-39.1
Repealed
Status: repealed

As added by P.L.35-1990, SEC.58. Repealed by P.L.146-2008, SEC.812.
Ind. Code § 36-12-2-16 — Indiana Code / Title 36 / Article 12 / Chapter 2 / Section 36-12-2-16
Library board serving district located partly or fully within consolidated city within one county; appointments
Status: in_force

Sec. 16. (a) This section applies to the appointment of members to a library board of a public library serving a library district that is:

(1) partly or fully within the boundaries of a consolidated city; and

(2) fully within the boundaries of one (1) county.

(b) Seven (7) members of a library board shall be appointed in the following order as the terms of previously appointed members expire:

(1) One (1) member appointed by the board of county commissioners of the county in which the library district is located.

(2) One (1) member appointed by the fiscal body of the county in which the library district is located.

(3) One (1) member appointed by the board of county commissioners of the county in which the library district is located.

(4) Two (2) members appointed by the school board of the school corporation in which the principal administrative offices of the public library are located.

(5) One (1) member appointed by the board of county commissioners of the county in which the library district is located.

(6) One (1) member appointed by the fiscal body of the county in which the library district is located.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-2.5-10.]

As added by P.L.1-2005, SEC.49.
Ind. Code § 36-7-30.5-26 — Indiana Code / Title 36 / Article 7 / Chapter 30.5 / Section 36-7-30.5-26
Pledge of revenues and covenant
Status: in_force

Sec. 26. (a) Notwithstanding any other law, the legislative body of a unit may pledge revenues received or to be received by the unit from:

(1) the unit's additional revenue from the local income tax that is designated for certified shares or economic development under IC 6-3.6-6;

(2) any other source legally available to the unit for the purposes of this chapter; or

(3) any combination of revenues under subdivisions (1) through (2);

in any amount to pay amounts payable under section 23 or 24 of this chapter.

(b) The legislative body may covenant to adopt an ordinance to increase revenues at the time it is necessary to raise funds to pay any amounts payable under section 23 or 24 of this chapter.

(c) The development authority may pledge revenues received or to be received from any source legally available to the development authority for the purposes of this chapter in any amount to pay amounts payable under section 23 or 24 of this chapter.

(d) The pledge or covenant under this section may be for:

(1) the term of the bonds issued under section 23 of this chapter;

(2) the term of a lease entered into under section 24 of this chapter; or

(3) a shorter period as determined by the legislative body.

Money pledged by the legislative body under this section shall be considered revenues or other money available to the development authority under sections 23 through 24 of this chapter.

(e) The general assembly covenants not to impair this pledge or covenant as long as any bonds issued under section 23 of this chapter are outstanding or as long as any lease entered into under section 24 of this chapter is still in effect. The pledge or covenant shall be enforced as provided in IC 5-1-14-4.

As added by P.L.203-2005, SEC.11. Amended by P.L.197-2016, SEC.133.
Ind. Code § 36-7-32-27 — Indiana Code / Title 36 / Article 7 / Chapter 32 / Section 36-7-32-27
Terms of written agreement for joint economic development project
Status: in_force

Sec. 27. An agreement described in section 26 of this chapter must provide for the following:

(1) The duration of the agreement.

(2) The purpose of the agreement.

(3) The manner of financing, staffing, and supplying the joint undertaking and of establishing and maintaining a budget for the joint undertaking.

(4) The methods that may be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon partial or complete termination of the agreement.

(5) The manner of acquiring, holding, and disposing of real and personal property used in the joint undertaking.

(6) Any other appropriate matters.

As added by P.L.203-2005, SEC.15.
Ind. Code § 36-9-27-50 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-50
Reconstruction of drains; preparation of schedule of assessments and damages
Status: in_force

Sec. 50. When the county surveyor files a reconstruction report, the county surveyor shall consult with the board, and the board shall take the following actions:

(1) Prepare a schedule of assessments containing a description of each tract of land determined to be benefited by the reconstruction, and the name and address of the owner of the land. The name, address, and description shall be taken from the county surveyor's report. The board shall enter in the assessment schedule the percentage of the total cost of the reconstruction to be assessed against each tract of land, with the percentage to be based upon the benefit accruing to the land from the reconstruction. The percentage allocated to all lands benefited must be at least one hundred percent (100%) and as near to one hundred percent (100%) as is practicable.

(2) Determine the amount of damages sustained by any owner as a result of the reconstruction, and prepare a schedule of damages containing:

(A) the name and address of each owner determined to be damaged and a description of the owner's land, as shown by the county surveyor's report;

(B) the amount of each owner's damages; and

(C) an explanation of the injury upon which the determination was based.

The county surveyor shall add the damages to all lands as determined by the board to the estimated costs and expenses contained in the county surveyor's report, and the result constitutes the total estimated cost of the reconstruction.

(3) Set forth the amount of each owner's assessment based on the total estimated cost of the reconstruction.

(4) Set forth the amount of each owner's annual assessment based on the estimated periodic maintenance cost of the reconstruction. The percentage used in computing the annual assessment may, but need not be, the same for each tract of land as the percentage used in computing the general assessment.

The board may consider the factors listed in section 112 of this chapter in preparing the schedules.

[Pre-Local Government Recodification Citation: 19-4-3-2.]

As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.127-2017, SEC.341.
Ind. Code § 36-7-23-35 — Indiana Code / Title 36 / Article 7 / Chapter 23 / Section 36-7-23-35
Minutes of board; records and documents of authority
Status: in_force

Sec. 35. The secretary of the board may:

(1) make copies of the minutes of the board and other records and documents of the authority; and

(2) give certificates under the seal of the authority to the effect that the copies are true copies.

As added by P.L.346-1989(ss), SEC.7.
Ind. Code § 36-7-11.3-39 — Indiana Code / Title 36 / Article 7 / Chapter 11.3 / Section 36-7-11.3-39
Filing of agreement with county recorder
Status: in_force

Sec. 39. (a) If after a public hearing the commission approves in form and substance, by the vote of:

(1) at least six (6) members; or

(2) for a certificate of appropriateness, a majority of the members present;

the agreement as filed, the commission shall enter a final order expressing the commission's approval of the zoning variance or issuance of the certificate of appropriateness as sought by the petitioner.

(b) The commission shall, at the petitioner's expense, immediately file the agreement with the county recorder.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-10(e) part.]

As added by P.L.1-1995, SEC.84.
Ind. Code § 36-9-39.1-2 — Indiana Code / Title 36 / Article 9 / Chapter 39.1 / Section 36-9-39.1-2
"Board"
Status: in_force

Sec. 2. As used in this chapter, "board" means the following:

(1) A board described in IC 36-9-23-5.

(2) A board described in IC 36-9-25-2.

As added by P.L.169-2006, SEC.82.
Ind. Code § 36-9-2-11 — Indiana Code / Title 36 / Article 9 / Chapter 2 / Section 36-9-2-11
Watercourses; altering temperature or affecting flow of water
Status: in_force

Sec. 11. A unit may regulate conduct that might alter the temperature of water, or affect the flow of water, in a watercourse.

[Pre-Local Government Recodification Citations: 18-1-1.5-9(b); 18-4-2-22 part.]

As added by Acts 1980, P.L.211, SEC.4.
Ind. Code § 36-7-31.3-12 — Indiana Code / Title 36 / Article 7 / Chapter 31.3 / Section 36-7-31.3-12
Approval of resolution by budget agency
Status: in_force

Sec. 12. (a) The budget agency must approve the resolution before covered taxes may be allocated under section 10 of this chapter.

(b) When considering a resolution, the budget committee and the budget agency must make the following findings:

(1) The cost of the facility and facility site specified under the resolution exceeds ten thousand dollars ($10,000).

(2) The capital improvement specified under the resolution is economically sound and will benefit the people of Indiana by protecting or increasing state and local tax bases and tax revenues for at least the duration of the tax area established under this chapter.

(3) The political subdivisions affected by the capital improvement specified under the resolution have committed significant resources towards completion of the improvement.

(c) Revenues from the tax area may not be allocated until the budget agency approves the resolution.

As added by P.L.255-1997(ss), SEC.20.
Ind. Code § 36-7-31.5-4 — Indiana Code / Title 36 / Article 7 / Chapter 31.5 / Section 36-7-31.5-4
Establishment of area; facilities
Status: in_force

Sec. 4. (a) A commission may establish as part of an additional professional sports development area any facility or complex of facilities that is:

(1) used to hold a professional sporting event, and which in addition, may be used to hold other entertainment events, including any publicly owned parking garage, plaza, or infrastructure that is constructed or renovated in connection with the construction of the facility used to hold a professional sporting event;

(2) used in the training of a team engaged in professional sporting events;

(3) used in whole or in part to manage and operate the professional team that would participate in the facility used to hold a professional sporting event; or

(4) a mixed use development, consisting, in part, of retail space, office space, apartment dwelling units, and one (1) or more hotels.

The tax area may include a facility described in this subsection and any parcel of land on which the facility is located. An area may contain noncontiguous tracts of land within the county. However, the straight line distance between any point in the tax area and the facility described in subdivision (1) may not exceed one (1) mile. The area must be separate from other professional sports development areas established under IC 36-7-31.

(b) Only the facilities described in subsection (a)(1) that are included within the additional professional sports development area may be financed with debt issued by the capital improvement board, the facilities authority, or a political subdivision.

(c) If a facility described in subsection (a)(1) shares a common wall or other improvements, equipment, or facilities with a facility described in subsection (a)(2) through (a)(4), the capital improvement board, the facilities board, or a political subdivision, as applicable, shall determine if any increase in the cost to construct or acquire the capital improvement results from the shared use and, consistent with subsection (b), whether the increased costs should or should not be financed.

As added by P.L.109-2019, SEC.16.
Ind. Code § 36-11-5-2 — Indiana Code / Title 36 / Article 11 / Chapter 5 / Section 36-11-5-2
District powers
Status: in_force

Sec. 2. A district may do the following:

(1) Make contracts for the services necessary for the operations of the district, including management of the district by any public or private entity.

(2) Adopt, amend, and repeal bylaws for the administration of the district's affairs.

(3) Fix, alter, charge, and collect reasonable rates and other charges, to be imposed by the governing body, in the area served by the district with respect to every person whose premises are, whether directly or indirectly, served by the district, for the following purposes:

(A) To fulfill the terms of contracts made by the district.

(B) To pay the other expenses of the district.

(4) Refuse the services of the district if the rates and other charges are not paid by the user.

(5) Control and supervise all licenses, money, contracts, accounts, books, records, maps, or other property rights and interests conveyed, delivered, transferred, or assigned to the district.

(6) Make provision for, contract for, or sell the district's byproducts or waste.

(7) Adopt and enforce rules:

(A) to establish procedures for the governing body's actions; or

(B) for any other lawful subject necessary to the operation of the district and the exercise of the power granted.

As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.
Ind. Code § 36-4-3-4.1 — Indiana Code / Title 36 / Article 4 / Chapter 3 / Section 36-4-3-4.1
Property tax exemption for agricultural property
Status: in_force

Sec. 4.1. (a) A municipality may annex territory under this section or (after June 30, 2015) this chapter only if the territory is contiguous to the municipality.

(b) This subsection applies only to an annexation ordinance adopted before July 1, 2015. Territory annexed under this section is exempt from all property tax liability under IC 6-1.1 for municipal purposes for all portions of the annexed territory that are classified for zoning purposes as agricultural and remain exempt from the property tax liability while the property's zoning classification remains agricultural.

(c) This subsection applies only to an annexation ordinance adopted after June 30, 2015. Real property annexed under this chapter:

(1) is exempt; and

(2) remains exempt;

from all property tax liability under IC 6-1.1 for municipal purposes while the property is assessed as agricultural land under the real property assessment rules and guidelines of the department of local government finance.

(d) There may not be a change in the zoning classification of territory annexed under this section without the consent of the owner of the annexed territory.

(e) Territory annexed under this section or (after June 30, 2015) this chapter may not be considered a part of the municipality for purposes of annexing additional territory under section 3 or 4 of this chapter. However, territory annexed under this section or (after June 30, 2015) this chapter shall be considered a part of the municipality for purposes of annexing additional territory under section 5 or 5.1 of this chapter.

As added by P.L.166-1994, SEC.2. Amended by P.L.79-1996, SEC.3; P.L.71-1997, SEC.3; P.L.224-1997, SEC.1; P.L.253-1997(ss), SEC.31; P.L.224-2001, SEC.4; P.L.170-2002, SEC.142; P.L.111-2005, SEC.4; P.L.71-2006, SEC.1; P.L.119-2012, SEC.186; P.L.243-2013, SEC.1; P.L.228-2015, SEC.6.
Ind. Code § 36-12-1-3 — Indiana Code / Title 36 / Article 12 / Chapter 1 / Section 36-12-1-3
"Library board"
Status: in_force

Sec. 3. "Library board" means the fiscal and administrative body of a public library.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-1-2.]

As added by P.L.1-2005, SEC.49.
Ind. Code § 36-2-14-22.1 — Indiana Code / Title 36 / Article 2 / Chapter 14 / Section 36-2-14-22.1
Hospital blood sample retention protocols
Status: in_force

Sec. 22.1. (a) As used in this section, "hospital" refers to a hospital that is licensed under IC 16-21-2.

(b) Upon the request of a coroner who is conducting or will conduct a death investigation on an individual who is admitted or was admitted to a hospital, the hospital shall provide a sample of the individual's blood or tissue to the coroner.

(c) A hospital shall have a blood retention protocol for the preservation of the first sample of blood drawn for an individual seeking emergency care services at an emergency department of the hospital who is:

(1) treated for an injury that is suspicious, violent, accidental, or from an overdose;

(2) determined by a provider to be critically injured or mortally wounded at the time the patient seeks emergency care services at the emergency department; and

(3) admitted as an inpatient to the hospital.

The requirements set forth in this subsection may be waived in any case where a first sample of blood cannot be drawn in the best interest of the clinical care of the patient or the first sample of blood is adulterated.

(d) The protocol under subsection (c) shall include a plan for:

(1) when a patient is transferred to another hospital; and

(2) notifying the laboratory for a requisition or order for whole blood sample analysis for the patient identified under subsection (c).

(e) A laboratory that receives an order for whole blood sample analysis and the notification under subsection (d)(2) shall do the following:

(1) The laboratory shall hold the blood sample in storage until the earlier of the following:

(A) The expiration of the twenty-one (21) day period beginning on the date that the sample of the patient's blood is drawn.

(B) The date of the patient's discharge from the hospital. For purposes of this clause, the transfer of the patient to another hospital does not constitute a discharge.

(C) The date of the patient's death.

(2) This subdivision applies if:

(A) the patient is transferred to another hospital; and

(B) at the time of the transfer, the laboratory is still holding the first blood sample in storage in accordance with subdivision (1)(A).

The transferring hospital laboratory shall hold the first blood sample in storage in accordance with subdivision (1)(A), unless the transferring hospital laboratory receives information from the receiving hospital that the patient has been discharged from the receiving hospital or has died.

The requirements set forth in this subsection may be waived in any case where the sample is tested and cannot be retained for reasons of medical necessity in the clinical care of the patient.

(f) A coroner does not need to obtain a warrant to request a blood or tissue sample under this section.

As added by P.L.225-2007, SEC.19. Amended by P.L.225-2025, SEC.2; P.L.23-2026, SEC.284; P.L.75-2026, SEC.10.
Ind. Code § 36-8-19-15 — Indiana Code / Title 36 / Article 8 / Chapter 19 / Section 36-8-19-15
Dissolution of fire protection territory; reversion of title to real property
Status: in_force

Sec. 15. (a) For purposes of this section, a fire protection territory is dissolved if all participating units withdraw from the fire protection territory as provided in section 13 of this chapter.

(b) When a fire protection territory dissolves, title to any real property transferred to the provider unit reverts to the participating unit that transferred the real property to the provider unit.

As added by P.L.128-2008, SEC.9.
Ind. Code § 36-9-39-24 — Indiana Code / Title 36 / Article 9 / Chapter 39 / Section 36-9-39-24
Hearing on assessments; modification of assessment roll; delivery to fiscal officer
Status: in_force

Sec. 24. The works board shall do the following:

(1) Complete the assessment roll and make a decision by modifying or confirming the assessment roll.

(2) Show the amount of special benefits opposite each name and description. The works board shall show the amount of special benefit against the municipality if the works board finds that the municipality is specially benefited.

(3) Deliver the completed assessment roll to the municipal fiscal officer.

As added by P.L.98-1993, SEC.10.