Ind. Code § 36-8-7-5 — Indiana Code / Title 36 / Article 8 / Chapter 7 / Section 36-8-7-5
Trustees; election of active members
Status: in_force

Sec. 5. (a) An election shall be held each year under this section to elect one (1) trustee from the active members of the fire department for a term of four (4) years, commencing on the day of the trustee's election. The fire chief shall fix a time for holding a convention to nominate candidates for trustees to be elected at each election. Each convention must be held at least five (5) days before the day on which the annual election is held. A convention consists of one (1) delegate from each fire company and one (1) delegate to be selected by the chief and the chief's assistants. The delegate from each fire company shall be elected by ballot by the members of the company at a time to be fixed by the chief in the call for a convention. The election of delegates shall be certified by the captain or other officer of the company, or, if there is not an officer present, then by the oldest member of the company present. The convention, when assembled, shall nominate six (6) members of the fire department to be voted upon as trustees, and the delegates shall report the names of the persons nominated as candidates to their respective companies in writing.

(b) The local board may amend the bylaws of the fund to elect the trustee from the active members of the fire department in an election held on any three (3) consecutive days in February specified in the bylaws. The election shall be called by the fire chief and held at the house or quarters of the respective companies of the fire department. Subject to this section, the election shall be conducted in the manner specified in the bylaws.

(c) This subsection applies only if the local board does not elect to be governed by subsection (b). The election shall be held at the houses or quarters of the respective companies on the second Monday in February between 9 a.m. and 6 p.m.

(d) Each member of a fire company is entitled to one (1) ballot, and the ballot may not contain the names of more than one (1) person, chosen from the six (6) persons nominated by the convention. The candidate receiving the highest number of votes is elected.

(e) The captain or other officer in command of each of the fire companies, immediately after the casting of all ballots, shall canvass and count the ballots. The captain or other officer shall certify in writing the total number of ballots cast and the number of votes received by each candidate for the office of trustee. After signing the certificate, the officer shall enclose it, together with all the ballots cast by the fire company, in an envelope, securely sealed and addressed, and deliver them to the fire chief. The fire chief shall deliver them to the executive of the unit as soon as the chief receives all the certificates and ballots. Upon receipt the executive shall, in the presence of the chief and the clerk of the unit, open the envelopes, examine the certificates, and determine the total number of votes cast for each of the candidates. The executive shall then issue a certificate of election to the candidate having received the highest number of votes. If two (2) or more candidates have received the same number of votes, the executive and the chief shall immediately determine by lot who will be trustee from the persons receiving an equal number of votes. An election may not be set aside for lack of formality in balloting by the members or in certifying or transmitting the returns of an election by the officers in charge.

(f) This section does not apply to a township if the fire department of the township is consolidated under IC 36-3-1-6.1.

[Pre-Local Government Recodification Citations: subsection (a) formerly 19-1-37-4; subsection (b) formerly 19-1-37-6; subsection (c) formerly 19-1-37-8.]

As added by Acts 1981, P.L.309, SEC.57. Amended by P.L.170-1994, SEC.2; P.L.227-2005, SEC.41; P.L.127-2017, SEC.249.
Ind. Code § 36-9-39-16 — Indiana Code / Title 36 / Article 9 / Chapter 39 / Section 36-9-39-16
Sewage works for use by property owners along street, alley, or other public place; assessments; computation
Status: in_force

Sec. 16. (a) The primary assessment for each lot abutting on and served by the sewage works shall be determined by dividing the estimated total cost of the sewage works by the total number of lots.

(b) The total number of lots shall be computed as follows:

(1) If all or any part of the sewage works is located within an area platted or to be platted, each lot abutting on and served by the sewage works as shown in the plat shall be included in the total number of lots.

(2) If all or any part of the sewage works is located within an area that:

(A) is unplatted;

(B) contains a residence on each parcel of land; and

(C) is subject to zoning restrictions that prevent an increase in the number of residences;

each parcel of land that is abutting on or served by the sewage works and that contains a residence shall be included in the total number of lots as if the parcel was a platted lot.

(3) Except as provided in subdivision (2), if all or any part of the sewage works is located in an unplatted area, the number of lots to be included in the total number of lots shall be determined by dividing:

(A) the total front footage of the property abutting on and served by the sewage works within the unplatted area on either or both sides of the street, alley, or right-of-way in which the sewage works are located; by

(B) one hundred twenty-five (125) feet.

The result determined under clauses (A) and (B) shall be rounded to the nearest whole number.

(4) The front footage of property may not be used to determine the number of lots included in an unplatted area if the front footage:

(A) is not available for future development; or

(B) is restricted against usage because of:

(i) limited access; or

(ii) any other reasons.

(5) The total number of lots for a particular sewage works is the sum of the number of platted and unplatted lots as determined under subdivisions (1) through (4).

As added by P.L.98-1993, SEC.10.
Ind. Code § 36-9-4-35 — Indiana Code / Title 36 / Article 9 / Chapter 4 / Section 36-9-4-35
Repealed
Status: repealed

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

As added by Acts 1981, P.L.309, SEC.77. Amended by P.L.23-1988, SEC.121; P.L.99-1989, SEC.35; P.L.3-1989, SEC.231. Repealed by P.L.1-1990, SEC.368.
Ind. Code § 36-9-27-32 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-32
Contract deputies; appointment; powers and duties; compensation
Status: in_force

Sec. 32. (a) Whenever the board finds that it is necessary to advance the work of construction or of reconstruction, as determined from the long-range plan established under section 36 of this chapter, to a degree inconsistent with the work load of the county surveyor, the board shall publicly declare an emergency and shall authorize the employment of an engineer, firm of engineers, or professional surveyor as a contract deputy to perform the necessary work, including:

(1) the preparation of the county surveyor's report or specified parts of it; and

(2) the supervision of the construction or reconstruction.

(b) A contract deputy shall be employed by contract. Each contract must be for work on a specific drainage project, and may be on a per project fee basis or on a per diem basis of compensation.

(c) A contract deputy must have the same qualifications as an engineer or professional surveyor employed or appointed by the board under section 30 or 31 of this chapter.

(d) The original of all plans, specifications, and other documents made by a contract deputy in performing the work for which the contract deputy was employed, or facsimiles of them in reproducible form, shall be transmitted to the board and shall be permanently retained by the board or by the county surveyor in the manner in which similar documents prepared by the county surveyor or the board are retained.

(e) The compensation of a contract deputy shall be assessed against the drainage project for which the deputy was employed, and may be paid from the general drain improvement fund before the order for the construction or reconstruction.

[Pre-Local Government Recodification Citation: 19-4-1-6 part.]

As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.206-1984, SEC.2; P.L.57-2013, SEC.102.
Ind. Code § 36-8-4.7-2 — Indiana Code / Title 36 / Article 8 / Chapter 4.7 / Section 36-8-4.7-2
"Appointing authority"
Status: in_force

Sec. 2. As used in this chapter, "appointing authority" means:

(1) the chief executive officer, board, or other entity of a police department with authority to appoint and hire a member of the police department; or

(2) the chief executive officer, board, or other entity of a fire department with authority to appoint and hire a member of the fire department.

As added by P.L.115-2016, SEC.3.
Ind. Code § 36-2-2-4 — Indiana Code / Title 36 / Article 2 / Chapter 2 / Section 36-2-2-4
Division of county into districts; membership, duties, and compensation of county redistricting commission; single-member district criteria; recertification of districts; filing with circuit court clerk; time for filing
Status: in_force

Sec. 4. (a) This subsection does not apply to the following counties:

(1) A county having a population of more than four hundred fifty thousand (450,000) and less than seven hundred thousand (700,000).

(2) A county having a population of more than one hundred eighty-five thousand (185,000) and less than three hundred thousand (300,000).

The executive shall divide the county into three (3) districts that are composed of contiguous territory and are reasonably compact. The district boundaries drawn by the executive must not cross precinct boundary lines and must divide townships only when a division is clearly necessary to accomplish redistricting under this section. If necessary, the county auditor shall call a special meeting of the executive to establish or revise districts.

(b) This subsection applies to a county having a population of more than four hundred fifty thousand (450,000) and less than seven hundred thousand (700,000). A county redistricting commission shall divide the county into three (3) single-member districts that comply with subsection (d). The commission is composed of:

(1) the members of the Indiana election commission;

(2) two (2) members of the senate selected by the president pro tempore, one (1) from each political party; and

(3) two (2) members of the house of representatives selected by the speaker, one (1) from each political party.

The legislative members of the commission have no vote and may act only in an advisory capacity. A majority vote of the voting members is required for the commission to take action. The commission may meet as frequently as necessary to perform its duty under this subsection. The commission's members serve without additional compensation above that provided for them as members of the Indiana election commission, the senate, or the house of representatives.

(c) This subsection applies to a county having a population of more than one hundred eighty-five thousand (185,000) and less than three hundred thousand (300,000) that opts in to the system of county government described in subsection (d), sections 4.7(c) and 5(d)(2) of this chapter, IC 36-2-3-2(b), IC 36-2-3-4(c), and IC 36-2-3.5-1(2) by passing a resolution by a majority vote of its executive body not later than September 1, 2023. In the event the executive body of a county described in this subsection does not opt in by September 1, 2023, the county shall be governed by the general provisions of this chapter. The executive shall divide the county into three (3) single-member districts that comply with subsection (d).

(d) Single-member districts established under subsection (b) or (c) must:

(1) be compact, subject only to natural boundary lines (such as railroads, major highways, rivers, creeks, parks, and major industrial complexes);

(2) contain, as nearly as is possible, equal population; and

(3) not cross precinct lines.

(e) Except as provided by subsection (f), a division under subsection (a), (b), or (c) shall be made only at times permitted under IC 3-5-10.

(f) If the county executive or county redistricting commission determines that a division under subsection (e) is not required, the county executive or county redistricting commission shall adopt an ordinance recertifying that the districts as drawn comply with this section.

(g) Each time there is a division under subsection (e) or a recertification under subsection (f), the county executive or county redistricting commission shall file with the circuit court clerk of the county, not later than thirty (30) days after the division or recertification occurs, a map of the district boundaries:

(1) adopted under subsection (e); or

(2) recertified under subsection (f).

(h) The limitations set forth in this section are part of the ordinance, but do not have to be specifically set forth in the ordinance. The ordinance must be construed, if possible, to comply with this chapter. If a provision of the ordinance or an application of the ordinance violates this chapter, the invalidity does not affect the other provisions or applications of the ordinance that can be given effect without the invalid provision or application. The provisions of the ordinance are severable.

(i) IC 3-5-10 applies to a plan established under this section.

[Pre-Local Government Recodification Citations: 17-1-14-2 part; 17-1-15.6-1 part; 17-1-15.6-2 part; 17-1-15.6-3; 17-1-28-2 part.]

As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1980, P.L.125, SEC.13; Acts 1981, P.L.11, SEC.136; Acts 1981, P.L.17, SEC.6; P.L.10-1988, SEC.236; P.L.13-1988, SEC.13; P.L.5-1989, SEC.87; P.L.12-1992, SEC.150; P.L.2-1996, SEC.287; P.L.122-2000, SEC.20; P.L.230-2005, SEC.82; P.L.119-2012, SEC.179; P.L.271-2013, SEC.46; P.L.169-2022, SEC.10; P.L.104-2022, SEC.146; P.L.105-2022, SEC.36; P.L.201-2023, SEC.265; P.L.230-2025, SEC.139.
Ind. Code § 36-9-11-2 — Indiana Code / Title 36 / Article 9 / Chapter 11 / Section 36-9-11-2
Declaration of public purpose
Status: in_force

Sec. 2. The construction, operation, and acquisition of land for parking facilities by a municipality are public uses and purposes for which public money may be spent and private property may be acquired by the exercise of the power of eminent domain.

[Pre-Local Government Recodification Citations: 19-5-11-1; 19-5-13-1.]

As added by Acts 1981, P.L.309, SEC.84.
Ind. Code § 36-6-10-2 — Indiana Code / Title 36 / Article 6 / Chapter 10 / Section 36-6-10-2
Fund required
Status: in_force

Sec. 2. A township shall establish a fund for the improvement and maintenance of the roads and infrastructure within the township's boundaries.

As added by P.L.173-2025, SEC.39.
Ind. Code § 36-8-4-10 — Indiana Code / Title 36 / Article 8 / Chapter 4 / Section 36-8-4-10
Public safety officers; preference for employment
Status: in_force

Sec. 10. (a) Subject to subsection (c), the board or persons having the authority to employ members of the fire or police department shall give a preference for employment according to the following priority:

(1) A war veteran who has been discharged from the armed forces of the United States under conditions other than conditions set forth in IC 10-17-12-8.1(2).

(2) A person whose mother or father was a:

(A) firefighter of a unit;

(B) municipal police officer; or

(C) county police officer;

who died in the line of duty (as defined in IC 5-10-10-2).

(b) Subject to subsection (c), the board or person having the authority to employ members of a fire or police department may give a preference for employment to any of the following:

(1) A police officer or firefighter laid off by another city under section 11 of this chapter.

(2) A county police officer laid off by a sheriff's department under IC 36-8-10-11.1.

(3) A person who:

(A) was employed full-time or part-time by a township to provide fire protection and emergency services; and

(B) has been laid off by the township.

(c) A person described in subsection (a) or (b) may not receive a preference for employment unless the person:

(1) applies; and

(2) meets all employment requirements prescribed:

(A) by law, including physical and age requirements; and

(B) by the fire or police department.

[Pre-Local Government Recodification Citation: 19-1-35-3.]

As added by Acts 1981, P.L.309, SEC.53. Amended by P.L.95-2003, SEC.1; P.L.110-2010, SEC.35; P.L.238-2025, SEC.92; P.L.94-2026, SEC.87.
Ind. Code § 36-7-2.5-14 — Indiana Code / Title 36 / Article 7 / Chapter 2.5 / Section 36-7-2.5-14
Complete application
Status: in_force

Sec. 14. An application is complete if the application includes the information and supporting documents set forth in the unit's schedule under section 13 of this chapter.

As added by P.L.146-2025, SEC.4.
Ind. Code § 36-1-29.5-3 — Indiana Code / Title 36 / Article 1 / Chapter 29.5 / Section 36-1-29.5-3
"Program"
Status: in_force

Sec. 3. As used in this chapter, "program" means a workforce retention and recruitment program established by the executive of a unit under section 8(a) of this chapter.

As added by P.L.135-2022, SEC.22.
Ind. Code § 36-8-16.6-1 — Indiana Code / Title 36 / Article 8 / Chapter 16.6 / Section 36-8-16.6-1
"Board"
Status: in_force

Sec. 1. As used in this chapter, "board" refers to the statewide 911 board established by IC 36-8-16.7-24.

As added by P.L.113-2010, SEC.151. Amended by P.L.132-2012, SEC.13.
Ind. Code § 36-7-3-1 — Indiana Code / Title 36 / Article 7 / Chapter 3 / Section 36-7-3-1
Application of chapter
Status: in_force

Sec. 1. (a) Section 2 of this chapter applies only to areas subject to the jurisdiction of no plan commission under this article.

(b) Sections 3 through 9 of this chapter apply only to:

(1) areas subject to the jurisdiction of an advisory plan commission under this article; and

(2) areas subject to the jurisdiction of no plan commission under this article.

(c) Sections 10, 14, and 16 of this chapter apply to all areas of the state.

(d) Sections 12, 13, and 15 of this chapter apply to all areas of the state, except in a county having a consolidated city.

[Pre-Local Government Recodification Citations: Part new; 18-7-2-56 part; 18-7-4-711(b); 18-7-4-62 part.]

As added by Acts 1981, P.L.309, SEC.22. Amended by Acts 1981, P.L.46, SEC.5; P.L.220-1986, SEC.3; P.L.126-2011, SEC.2.
Ind. Code § 36-1-8.5-12 — Indiana Code / Title 36 / Article 1 / Chapter 8.5 / Section 36-1-8.5-12
Immunity
Status: in_force

Sec. 12. A unit may not be held civilly liable for failure to timely restrict disclosure of an address under this chapter unless the unit's act or omission constitutes gross negligence or willful or wanton misconduct.

As added by P.L.106-2013, SEC.2.
Ind. Code § 36-10-9.2-2 — Indiana Code / Title 36 / Article 10 / Chapter 9.2 / Section 36-10-9.2-2
Bonds or notes to fund facility
Status: in_force

Sec. 2. The city-county legislative body may issue bonds or notes to fund all or any part of a facility to promote sports and fitness within the corporate boundaries of the consolidated city, or to pay any costs associated with such a facility, including reimbursement of any costs associated with the facility that have been paid by any other entity.

As added by P.L.37-1988, SEC.42.
Ind. Code § 36-8-2.1-2.2 — Indiana Code / Title 36 / Article 8 / Chapter 2.1 / Section 36-8-2.1-2.2
"Officer in charge of the investigation"
Status: in_force

Sec. 2.2. As used in this chapter, "officer in charge of the investigation" means the following:

(1) The police officer in charge of the investigation of a complaint made against, or an internal investigation of, a police officer.

(2) The member or official of the fire department in charge of the investigation of a complaint made against, or an internal investigation of, a firefighter.

As added by P.L.33-2020, SEC.4.
Ind. Code § 36-7-30-14 — Indiana Code / Title 36 / Article 7 / Chapter 30 / Section 36-7-30-14
Appeal from final action of reuse authority
Status: in_force

Sec. 14. (a) A person who filed a written remonstrance with the reuse authority under section 12 or 13 of this chapter and is aggrieved by the final action taken may not more than ten (10) days after that final action file in the office of the clerk of the circuit or superior court a copy of the order of the reuse authority and person's remonstrances against that order, together with the person's bond conditioned to pay the costs of the person's appeal if the appeal is determined against the person. The only ground of remonstrance that the court may hear is whether the proposed project will be of public utility and benefit. The burden of proof is on the remonstrator.

(b) An appeal under this section shall be promptly heard by the court without a jury. All remonstrances upon which an appeal has been taken shall be consolidated and heard and determined not more than thirty (30) days after the time of the filing of the appeal. The court shall hear evidence on the remonstrances and may confirm the final action of the reuse authority or sustain the remonstrances. The judgment of the court is final and conclusive, unless an appeal is taken as in other civil actions.

As added by P.L.26-1995, SEC.14.
Ind. Code § 36-7-11.2-34 — Indiana Code / Title 36 / Article 7 / Chapter 11.2 / Section 36-7-11.2-34
Evidence required
Status: in_force

Sec. 34. The commission may, before a hearing on a petition filed with the commission, require the person filing the petition or a person whose interests appear adverse to those of the petitioner to file with the commission before the hearing the following:

(1) Maps, plot plans, structural drawings and specifications, landscaping plans, floor plans, elevations, cross-sectional plans, architectural renderings, diagrams, or any other technical or graphic materials.

(2) Additional information concerning the petitioner's or the adverse person's intentions or interest with respect to Meridian Street or bordering property.

(3) Any other additional information that the commission considers relevant to the matters concerning the petition.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-8.]

As added by P.L.1-1995, SEC.83.
Ind. Code § 36-2-8-1 — Indiana Code / Title 36 / Article 2 / Chapter 8 / Section 36-2-8-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to all counties.

[Local Government Recodification Citation: New.]

As added by Acts 1980, P.L.212, SEC.1.
Ind. Code § 36-1-9.5-46 — Indiana Code / Title 36 / Article 1 / Chapter 9.5 / Section 36-1-9.5-46
Suspension of certificate; grounds; notice
Status: in_force

Sec. 46. (a) A prequalification administrator may recommend to an entity that a contractor's certificate of qualification be suspended if:

(1) the contractor's work is unsatisfactory;

(2) the rate of progress is such that the prequalification administrator determines that the contractor will be unable to complete the contract on time; or

(3) the contractor has failed to adequately document a current or previous contract.

(b) Notification of a suspension shall be made in writing and shall become effective on the date determined by the entity. A suspension may be lifted when the entity determines that the contractor has taken the necessary corrective action.

As added by P.L.85-1991, SEC.3. Amended by P.L.1-1992, SEC.182.
Ind. Code § 36-12-2-21 — Indiana Code / Title 36 / Article 12 / Chapter 2 / Section 36-12-2-21
Compensation
Status: in_force

Sec. 21. A member of a library board shall serve without compensation. A board member may not serve as a paid employee of the public library, except the treasurer as provided in section 22 of this chapter.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-2.5-15.]

As added by P.L.1-2005, SEC.49.
Ind. Code § 36-2-11-6 — Indiana Code / Title 36 / Article 2 / Chapter 11 / Section 36-2-11-6
Demand of fees; overpayment of fees; refund
Status: in_force

Sec. 6. (a) The recorder may demand the recorder's fees before entering and recording an instrument.

(b) If:

(1) a person, in payment of a recording fee required under IC 36-2-7-10, submits an amount that exceeds the amount of the fee set forth in IC 36-2-7-10; and

(2) the instrument submitted meets the statutory requirements for filing;

the recorder shall accept and record the instrument. If the amount submitted is at least three dollars ($3) more than the fee required by IC 36-2-7-10, the amount that exceeds three dollars ($3) shall be refunded upon the request of the person filing the document. The recorder may retain as an administrative fee up to three dollars ($3) of the excess of the amount submitted.

[Pre-Local Government Recodification Citation: 5-7-9-1 part.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.171-2002, SEC.1.
Ind. Code § 36-8-1-7 — Indiana Code / Title 36 / Article 8 / Chapter 1 / Section 36-8-1-7
"Local board"
Status: in_force

Sec. 7. "Local board" means the board of trustees of a 1925, 1937, or 1953 fund.

[Pre-Local Government Recodification Citations: 19-1-17.8-1 part; 19-1-36.5-1 part.]

As added by Acts 1981, P.L.309, SEC.46.
Ind. Code § 36-7-2.5-10 — Indiana Code / Title 36 / Article 7 / Chapter 2.5 / Section 36-7-2.5-10
"Regulatory fee"
Status: in_force

Sec. 10. As used in this chapter, "regulatory fee" means a payment:

(1) designated as a permit fee, application fee, inspection fee, impact fee, or by another name; and

(2) that a unit requires in regulating construction related activities of Class 2 structures.

As added by P.L.146-2025, SEC.4.
Ind. Code § 36-10-8-13 — Indiana Code / Title 36 / Article 10 / Chapter 8 / Section 36-10-8-13
Capital improvement bond fund; amount of revenue to be deposited; excess revenues; use of funds
Status: in_force

Sec. 13. (a) If there are bonds outstanding issued under section 14 of this chapter, the treasurer of the board shall deposit in a separate and distinct fund called the "capital improvement bond fund" all tax revenues received as provided by law until there are sufficient funds from those tax revenues, the proceeds of the bonds, or both of these sources, in the capital improvement bond fund to provide the amount required by the resolution or resolutions or trust agreement or agreements pursuant to which the bonds are issued. The treasurer of the board shall then deposit sufficient tax revenues in the fund to maintain such amounts in the fund as are required by the resolution or resolutions or trust agreement or agreements. The various accounts within the capital improvement bond fund shall be held by the treasurer of the board or by an escrow agent, depository, or trustee as may be provided in the resolution or resolutions or trust agreement or agreements pursuant to which the bonds are issued.

(b) Any excess tax revenues not required by this section to be deposited in the capital improvement bond fund shall be deposited in the capital improvement fund, or, in the discretion of the board, in any special fund that may be established by the board for the payment of principal and interest on any bonds outstanding issued under this chapter. Amounts in the capital improvement bond fund shall be applied to the payment of principal of the bonds and the interest on them and to no other purpose.

As added by Acts 1982, P.L.218, SEC.3.
Ind. Code § 36-7-8-6 — Indiana Code / Title 36 / Article 7 / Chapter 8 / Section 36-7-8-6
Employment of inspectors, agents, and deputies; appropriations
Status: in_force

Sec. 6. The county executive may employ the inspectors, agents, and deputies it considers necessary to enforce ordinances adopted under this chapter and under applicable statutes and state rules. The county fiscal body shall make appropriations from the county general fund to pay these employees and to pay all other expenses incurred under this chapter.

[Pre-Local Government Recodification Citations: 17-2-72-4; 17-2-72-5.]

As added by Acts 1981, P.L.309, SEC.27.
Ind. Code § 36-8-3-11 — Indiana Code / Title 36 / Article 8 / Chapter 3 / Section 36-8-3-11
Repealed
Status: repealed

[Pre-Local Government Recodification Citation: 18-1-11-8.]

As added by Acts 1981, P.L.309, SEC.52. Repealed by P.L.148-1995, SEC.8.
Ind. Code § 36-1-3.5-6 — Indiana Code / Title 36 / Article 1 / Chapter 3.5 / Section 36-1-3.5-6
Transfer to county executive of Allen County
Status: in_force

Sec. 6. (a) This section applies to Allen County.

(b) Jurisdiction over the following local matters, which before the 1982 regular session of the general assembly have been subjects of statutory concern, is transferred to the executive of the county:

(1) Motor vehicles for the county surveyor (formerly governed by IC 17-3-69-1).

(2) County purchasing agency (formerly governed by IC 17-2-77).

(3) County data processing agency (formerly governed by IC 17-2-73 or IC 17-2-74).

(4) Natural beauty roads (formerly governed by IC 19-7-17.5).

(5) Building and minimum housing department of the county (formerly governed by IC 17-2-72.3).

[Local Government Recodification Citation: New.]

As added by Acts 1981, P.L.17, SEC.4. Amended by Acts 1982, P.L.127, SEC.8; P.L.12-1992, SEC.145; P.L.119-2012, SEC.172.
Ind. Code § 36-7.5-4.5-28 — Indiana Code / Title 36 / Article 7.5 / Chapter 4.5 / Section 36-7.5-4.5-28
Certification and distributions from transit development district account
Status: in_force

Sec. 28. (a) Not later than November 30 of the year following the establishment of a district under this chapter, or November 30, 2024, whichever is later, the department shall determine the following for that district:

(1) The state income tax base period amount.

(2) The gross retail tax base period amount.

(3) The local income tax base period amount.

(b) Before December 1 of each year, beginning in the year two (2) years following the establishment of the district under this chapter, the department shall determine the following for each district for the preceding calendar year:

(1) The state income tax increment revenue.

(2) The gross retail tax increment revenue.

(3) The local income tax increment revenue.

(c) The department shall notify the budget agency and the development authority of each base period amount and annually each increment revenue amount.

(d) Before December 15 of each calendar year, the department shall determine and certify to the Indiana finance authority and the development authority the following:

(1) The state income tax increment revenue.

(2) The gross retail tax increment revenue.

(3) The local income tax increment revenue for each district.

(4) The extent to which the sum of the state income tax increment revenue and gross retail tax increment revenue certified under this subsection for all districts exceeds the sum of the amounts previously appropriated by the general assembly to the development authority for rail projects (including any amounts appropriated for debt service payments made by the Indiana finance authority for a rail project).

(e) Beginning in the following calendar year, the state comptroller shall distribute from a district's account within the local income tax increment fund to the development authority or redevelopment commission, in the case of a district located in a cash participant county, on or before March 1, the lesser of:

(1) the amount of local income tax increment revenue specified by the development authority or redevelopment commission; or

(2) the certified local income tax increment revenue amount for that district.

(f) The development authority or redevelopment commission shall deposit the local income tax increment revenue it receives in the appropriate district account in the south shore improvement and development fund.

(g) Notwithstanding subsection (a), if the department determines that an amount determined under section 7, 8, 9, 10, 13, or 14 of this chapter is in error, the department shall redetermine any erroneous amounts and notify the budget agency and development authority of any redetermination. If the department determines that the redetermination of an amount affects incremental tax amounts determined under subsection (b), the department shall recompute the incremental tax amounts and make any necessary adjustments to distributions or computations to reflect any redetermination.

(h) A municipality that includes more than one (1) transit development district may share its increment revenue among the transit development districts upon approval of the legislative body of the municipality.

As added by P.L.248-2017, SEC.10. Amended by P.L.236-2023, SEC.196; P.L.9-2024, SEC.558.
Ind. Code § 36-7-17-7 — Indiana Code / Title 36 / Article 7 / Chapter 17 / Section 36-7-17-7
Conveyances; methods authorized
Status: in_force

Sec. 7. (a) The agency shall convey the real property acquired for the purposes of this chapter to those persons or community organizations qualified under section 6 of this chapter by using the methods prescribed by subsection (b), (c), or (d).

(b) The real property may be conveyed by a conditional sales contract, with title to remain in the agency for a period of at least one (1) year.

(c) The title to real property may be conveyed to a person purchasing the property as a determinable fee, with the language of the granting clause in the deed of conveyance to include the language "The property is conveyed on the conditions that the purchaser:

(1) will reside in the dwelling as the purchaser's principal place of residence for a period of not less than three (3) years;

(2) will bring the residence up to minimum code standards in twelve (12) months;

(3) will carry adequate fire and liability insurance on the dwelling at all times; and

(4) will comply with such additional terms, conditions, and requirements as the agency requires before __________ (date of the deed) under IC 36-7-17.".

(d) The title to real property may be conveyed to a community organization purchasing the property as a determinable fee, with the language of the granting clause in the deed of conveyance to include the language: "The property is conveyed on the conditions that the purchaser:

(1) will list the property for sale within twelve (12) months of taking possession;

(2) will bring the residence up to minimum code standards within twelve (12) months;

(3) will carry adequate fire and liability insurance on the dwelling at all times; and

(4) will comply with any additional terms, conditions, and requirements as the agency requires before __________ (date of the deed) under IC 36-7-17.".

[Pre-Local Government Recodification Citation: 18-7-21-6.]

As added by Acts 1981, P.L.309, SEC.36. Amended by P.L.19-1986, SEC.61; P.L.177-2003, SEC.14; P.L.127-2017, SEC.211.
Ind. Code § 36-12-1-7 — Indiana Code / Title 36 / Article 12 / Chapter 1 / Section 36-12-1-7
"School corporation"
Status: in_force

Sec. 7. "School corporation" has the meaning set forth in IC 20-33-5-1.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-1-2.]

As added by P.L.1-2005, SEC.49.
Ind. Code § 36-7-12-37 — Indiana Code / Title 36 / Article 7 / Chapter 12 / Section 36-7-12-37
Repealed
Status: repealed

As added by Acts 1981, P.L.309, SEC.31. Repealed by P.L.40-1983, SEC.6.
Ind. Code § 36-9-27-79 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-79
Repealed
Status: repealed

[Pre-Local Government Recodification Citation: 19-4-7-5 part.]

As added by Acts 1981, P.L.309, SEC.101. Amended by Acts 1981, P.L.317, SEC.28. Repealed by Acts 1981, P.L.57, SEC.45.
Ind. Code § 36-7-4-1331 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1331
Infrastructure construction
Status: in_force

Sec. 1331. (a) An infrastructure agency shall, within the time described in the zone improvement plan, construct infrastructure for which:

(1) a zone improvement plan has been adopted;

(2) an impact zone has been established; and

(3) an impact fee has been collected.

(b) A unit may amend the unit's zone improvement plan, including the time provided in the plan for construction of infrastructure, only if the amount of expenditures provided for the construction of infrastructure in the original plan does not decrease in any year and the benefit to the overall impact zone does not decrease because of the amendment.

As added by P.L.221-1991, SEC.32.
Ind. Code § 36-9-23-36 — Indiana Code / Title 36 / Article 9 / Chapter 23 / Section 36-9-23-36
Municipal powers; areas outside corporate boundaries
Status: in_force

Sec. 36. (a) Except as provided in subsections (b) and (c), a municipality may exercise powers granted by this chapter in areas within ten (10) miles outside its corporate boundaries.

(b) The mileage limitation in subsection (a) does not apply to the provision of sewage treatment service for an entity that is described in section 16(b)(2) of this chapter.

(c) In an area referred to in subsection (a), a municipality may not:

(1) impose fees under this chapter; or

(2) otherwise exercise powers granted by this chapter;

to provide storm water management services to the area if the county provides storm water management services to the area under IC 8-1.5-5.

[Pre-Local Government Recodification Citation: 19-2-5-26.]

As added by Acts 1981, P.L.309, SEC.96. Amended by P.L.318-1989, SEC.2; P.L.114-2008, SEC.31.
Ind. Code § 36-9-27.4-4 — Indiana Code / Title 36 / Article 9 / Chapter 27.4 / Section 36-9-27.4-4
"Obstruction" defined
Status: in_force

Sec. 4. (a) As used in this chapter, "obstruction" means a condition that:

(1) exists within or near a drain; and

(2) prevents or significantly impedes the flow of water through the drain.

(b) The term includes the following:

(1) The presence of:

(A) one (1) or more objects inside or near a drain;

(B) a quantity of materials inside or near a drain; or

(C) damage to a drain;

that prevents or significantly impedes the flow of water through the drain.

(2) Obstructions that:

(A) are created intentionally; and

(B) occur naturally or are created unintentionally.

As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.
Ind. Code § 36-7-8-3 — Indiana Code / Title 36 / Article 7 / Chapter 8 / Section 36-7-8-3-b
Establishment of building, heating, ventilating, electrical, plumbing, and sanitation standards; ordinances
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. 3. (a) The legislative body of a county having a county department of buildings or joint city-county building department may, by ordinance, adopt building, heating, ventilating, air conditioning, electrical, plumbing, and sanitation standards for unincorporated areas of the county. These standards take effect only on the legislative body's receipt of written approval from the department of homeland security.

(b) An ordinance adopted under this section must be based on occupancy, and it applies to:

(1) the construction, alteration, equipment, use, occupancy, location, and maintenance of buildings, structures, and appurtenances that are on land or over water and are:

(A) erected after the ordinance takes effect; and

(B) if expressly provided by the ordinance, existing when the ordinance takes effect;

(2) conversions of buildings and structures, or parts of them, from one occupancy classification to another; and

(3) the movement or demolition of buildings, structures, and equipment for the operation of buildings and structures.

(c) The rules of the department of homeland security are the minimum standards upon which ordinances adopted under this section must be based.

(d) An ordinance adopted under this section does not apply to private homes that are built by individuals and used for their own occupancy. However, onsite sewage systems of a private home described in this subsection must comply with state laws and rules.

[Pre-Local Government Recodification Citation: 17-2-72-1 part.]

As added by Acts 1981, P.L.309, SEC.27. Amended by P.L.8-1984, SEC.125; P.L.208-2015, SEC.19; P.L.152-2026, SEC.499.
Ind. Code § 36-7-31-14 — Indiana Code / Title 36 / Article 7 / Chapter 31 / Section 36-7-31-14
Resolution; allocation of taxes to professional sports development area fund
Status: in_force

Sec. 14. (a) This section does not apply to that part of the tax area in which a facility or complex of facilities described in section 10(b)(3) and 10(c) of this chapter is located. A reference to "tax area" in this section does not include the part of the tax area in which a facility or complex of facilities described in section 10(b)(3) and 10(c) of this chapter is located.

(b) A tax area must be established by resolution. A resolution establishing a tax area must provide for the allocation of covered taxes attributable to a taxable event or covered taxes earned in the tax area as follows:

(1) Before January 1, 2028, to the professional sports development area fund established for the county.

(2) After December 31, 2027, to the sports and convention facilities operating fund.

The allocation provision must apply to the part of the tax area covered by this section. The resolution must provide that the tax area terminates not later than December 31, 2040.

(c) All of the salary, wages, bonuses, and other compensation that are:

(1) paid during a taxable year to a professional athlete for professional athletic services;

(2) taxable in Indiana; and

(3) earned in the tax area;

shall be allocated to the tax area if the professional athlete is a member of a team that plays the majority of the professional athletic events that the team plays in Indiana in the tax area.

(d) Except as provided by section 14.1 of this chapter, the total amount of state revenue captured by the tax area may not exceed five million dollars ($5,000,000) per year.

(e) The resolution establishing the tax area must designate the facility and the facility site for which the tax area is established and covered taxes will be used.

(f) The department may adopt rules under IC 4-22-2 and guidelines to govern the allocation of covered taxes to a tax area.

As added by P.L.255-1997(ss), SEC.19. Amended by P.L.214-2005, SEC.68; P.L.182-2009(ss), SEC.412; P.L.109-2019, SEC.12.
Ind. Code § 36-9-1-5.5 — Indiana Code / Title 36 / Article 9 / Chapter 1 / Section 36-9-1-5.5
"Public transportation agency"
Status: in_force

Sec. 5.5. "Public transportation agency" means any entity that operates a public transportation system and is established by a legislative body to provide public transportation services.

As added by P.L.235-1997, SEC.1.
Ind. Code § 36-12-10-14 — Indiana Code / Title 36 / Article 12 / Chapter 10 / Section 36-12-10-14
Tax exemptions
Status: in_force

Sec. 14. All property owned by a lessor corporation contracting with a municipal corporation or corporations under this chapter and all stock and other securities, including the interest or dividends issued by a lessor corporation, are exempt from all state, county, and other taxes, excluding the financial institutions tax and the inheritance taxes.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-10-14.]

As added by P.L.1-2005, SEC.49. Amended by P.L.42-2018, SEC.59.
Ind. Code § 36-8-15-15 — Indiana Code / Title 36 / Article 8 / Chapter 15 / Section 36-8-15-15
Bonds; issuance; amount
Status: in_force

Sec. 15. (a) For the purpose of raising money to pay for any real or personal property to be acquired for a project within the district or to pay for the purchasing, acquiring, erecting, installing, constructing, equipping, or upgrading of a facility within the district, and in anticipation of the special benefit tax, the board may cause bonds to be issued in the name of the consolidated city (in counties having a consolidated city) for the benefit of the district. In a county having a consolidated city, the bonds shall be issued in accordance with IC 36-3-5-8.

(b) The bonds may be in an amount not to exceed the estimated cost of all real and personal property to be acquired and the estimated cost of the facilities, including all expenses necessarily incurred in connection with the proceedings, together with a sum sufficient to pay the costs of supervision and inspection during the period of construction and all costs of programming, planning, and designing the facilities. The expenses to be covered in the amount of the bond issue include all expenses of every kind actually incurred preliminary to the acquisition of property and the installation of the facilities, such as the cost of necessary records, engineering expenses, publication of notices, salaries, the letting of contracts, and the sale of bonds.

(c) The bonds issued may not exceed the estimates for the project as determined in the resolution adopted by the board under section 12 of this chapter.

(d) Any surplus of bond proceeds remaining after all costs and expenses have been fully paid shall be paid into the public communications systems and computer facilities district bond fund. The board may appropriate the proceeds of the bonds.

As added by P.L.82-1985, SEC.3. Amended by P.L.225-1986, SEC.6.
Ind. Code § 36-7-15.5-18 — Indiana Code / Title 36 / Article 7 / Chapter 15.5 / Section 36-7-15.5-18
Assessment as lien; priority
Status: in_force

Sec. 18. Each assessment is a lien on the real property that is assessed, second only to taxes levied on that property.

As added by P.L.194-1988, SEC.1.
Ind. Code § 36-7-7.6-14 — Indiana Code / Title 36 / Article 7 / Chapter 7.6 / Section 36-7-7.6-14
Adoption of regional plan, program, or policy; county exemption
Status: in_force

Sec. 14. The commission may adopt by resolution any regional comprehensive or functional plan, program, or policy as the commission's official recommendation for the development of the region, subject to the power of a county to exempt itself under section 15 of this chapter. The commission shall provide an annual report of its activities to the legislative bodies of the counties and municipalities in the region.

As added by P.L.165-2003, SEC.6.
Ind. Code § 36-9-25-40 — Indiana Code / Title 36 / Article 9 / Chapter 25 / Section 36-9-25-40
Certain districts; exercise of powers on behalf of second class city alone
Status: in_force

Sec. 40. If the district of a department established under section 1(b) of this chapter includes territory of another municipality, the powers granted the board over local sewers and drains, solid waste collection, and collection of dead animals may be exercised for the use and benefit of the second class city alone as long as all of the direct and allocable costs of the service are paid from money raised solely from the property located within the city, from charges made to persons within the city, or both.

[Pre-Local Government Recodification Citation: 19-2-14-32 part.]

As added by Acts 1981, P.L.309, SEC.98.
Ind. Code § 36-1-31.5-1 — Indiana Code / Title 36 / Article 1 / Chapter 31.5 / Section 36-1-31.5-1
Street camping prohibition; enforcement; citation; criminal penalty; diversion program; defense
Status: in_force

Sec. 1. (a) A person may not camp on, sleep on, or use for long term shelter land owned by the state or a political subdivision, unless the land has been authorized for that use by law.

(b) If a person violates subsection (a), the law enforcement officer who discovers the violation shall first determine if there are reasonable grounds for an emergency detention of the person. If there are reasonable grounds for an emergency detention, the law enforcement officer shall proceed under IC 12-26-5 and not this chapter.

(c) If:

(1) a person violates subsection (a);

(2) the person has not previously violated subsection (a); and

(3) subsection (b) does not apply;

the law enforcement officer who discovers the violation shall first give the person a warning and provide the person with information regarding locations authorized by law to provide services or shelter.

(d) A person who knowingly or intentionally violates subsection (a) commits street camping, a Class C misdemeanor, if:

(1) subsection (b) does not apply;

(2) the person has received a warning under subsection (c);

(3) at least forty-eight (48) hours have elapsed since the warning was issued; and

(4) the person is camping or sleeping on, or using for long term shelter, land owned by the state or a political subdivision that is located within a three hundred (300) foot radius of the location where the warning under subsection (c) was issued.

(e) A person charged with an offense under subsection (d) is eligible to participate in a diversion program, including:

(1) a prosecutorial diversion program under IC 33-39-1-8; or

(2) a forensic diversion program under IC 11-12-3.7.

(f) It is a defense to a prosecution under subsection (d) that:

(1) no beds are available to the person at a shelter or treatment facility located within five (5) miles of the location where the violation occurred; or

(2) less than six (6) months have passed since the person was released from a facility in which the person was held following a finding that the person was mentally ill and either:

(A) gravely disabled; or

(B) dangerous;

under IC 12-26.

As added by P.L.138-2026, SEC.5.
Ind. Code § 36-2-8.7-1 — Indiana Code / Title 36 / Article 2 / Chapter 8.7 / Section 36-2-8.7-1
"County officer"
Status: in_force

Sec. 1. As used in this chapter, "county officer" refers to any of the following:

(1) A county auditor.

(2) A county treasurer.

(3) A county recorder.

(4) A county surveyor.

(5) A county assessor.

(6) A member of the county executive, if the county does not contain a consolidated city.

As added by P.L.169-2021, SEC.2. Amended by P.L.159-2025, SEC.3.
Ind. Code § 36-3-4-2 — Indiana Code / Title 36 / Article 3 / Chapter 4 / Section 36-3-4-2
City-county council; membership; election; eligibility; vacancy; term of office
Status: in_force

Sec. 2. (a) A city-county council, which is the legislative body of both the consolidated city and the county, shall be elected under IC 3-10-6 by the voters of the county. The city-county council consists of twenty-five (25) members.

(b) To be eligible to serve as a member of the legislative body, a person must meet the qualifications prescribed by IC 3-8-1-25.

(c) A member of the legislative body must reside within:

(1) the county as provided in Article 6, Section 6 of the Constitution of the State of Indiana; and

(2) the district from which the member was elected.

(d) A vacancy in the legislative body occurs whenever a member:

(1) dies, resigns, or is removed from office;

(2) ceases to be a resident of the district from which the member was elected; or

(3) is incapacitated to the extent that the member is unable to perform the member's duties for more than six (6) months.

(e) The vacancy shall be filled under IC 3-13-8.

(f) The term of office of a member of the legislative body is four (4) years, beginning at noon on January 1 after election and continuing until a successor is elected and qualified.

[Pre-Local Government Recodification Citations: subsection (a) formerly 18-4-1-2(h) part; 18-4-3-6 part; subsection (b) formerly 18-4-3-6 part; subsection (c) formerly 18-4-3-7.]

As added by Acts 1980, P.L.212, SEC.2. Amended by P.L.5-1986, SEC.40; P.L.3-1987, SEC.552; P.L.266-2013, SEC.7; P.L.193-2021, SEC.109.
Ind. Code § 36-8-2.5-1 — Indiana Code / Title 36 / Article 8 / Chapter 2.5 / Section 36-8-2.5-1
Definitions
Status: in_force

Sec. 1. The following definitions apply throughout this chapter:

(1) "Communication" means an oral or written statement, note, record, recording, report, or document made during, or arising out of, a first responder's receipt of CISM services or peer support services.

(2) "Critical incident" means an actual or perceived event or situation that involves crisis, disaster, trauma, or emergency.

(3) "Critical incident stress" means the acute or cumulative psychological stress or trauma that a first responder may experience in providing emergency services in response to a critical incident. The stress or trauma is an unusually strong emotional, cognitive, behavioral, or physical reaction that may interfere with normal functioning by causing:

(A) physical and emotional injury or illness;

(B) failure of a usual coping mechanism;

(C) loss of interest in work or normal life activities;

(D) loss of ability to function; or

(E) psychological disruption of personal life, including the emergency responder's relationship with a spouse, child, relative, or friend.

(4) "CISM services" means critical incident stress management services that include programs and services related to education, prevention, and mitigation of the effects from exposure to highly stressful critical incidents. The term includes services provided by an individual certified to provide group crisis intervention, individual crisis intervention, peer support, or any related service.

(5) "CISM services provider" means an individual who is certified to provide CISM services and who is acting as part of a CISM team or in another official capacity.

(6) "CISM team" means an organized community or local crisis response team that is trained and certified under standards substantially similar to the training and certification standards established by the Indiana emergency medical services commission as set forth under IC 16-31-2.

(7) "First responder" has the meaning set forth in IC 10-10.5-2-1.

(8) "First responder recipient" means an individual who is a first responder and receives CISM services, peer support services, or both.

(9) "Peer support services" means services provided by a person who:

(A) is a first responder working for the same department or public agency that the first responder recipient works for; and

(B) acts:

(i) in the person's official capacity as a peer support team member; and

(ii) within the written peer support guidelines that are in effect for the person's respective first responder agency program.

The term includes active listening, assessment, mentoring, crisis intervention, or other support services provided to an employee experiencing personal or professional difficulties that may or may not be a result of the employee's exposure to highly stressful critical incidents.

(10) "Peer support team member" means a first responder who:

(A) has successfully completed peer support training; and

(B) is designated a peer support team member;

by the head of the first responder's agency or the president of the bargaining unit of the employees of the department or agency.

As added by P.L.137-2017, SEC.2. Amended by P.L.7-2021, SEC.2.
Ind. Code § 36-7-18-44 — Indiana Code / Title 36 / Article 7 / Chapter 18 / Section 36-7-18-44
Repealed
Status: repealed

[Pre-Local Government Recodification Citation: 18-7-11-23.]

As added by Acts 1981, P.L.309, SEC.37. Repealed by P.L.41-1987, SEC.22.
Ind. Code § 36-12-12-0.2 — Indiana Code / Title 36 / Article 12 / Chapter 12 / Section 36-12-12-0.2
Application of prior statute
Status: in_force

Sec. 0.2. The addition of IC 20-14-13 (before its repeal, now codified in this chapter) by P.L.343-1989(ss) applies to property taxes first due and payable after December 31, 1989.

As added by P.L.220-2011, SEC.688.
Ind. Code § 36-7-32.6-9 — Indiana Code / Title 36 / Article 7 / Chapter 32.6 / Section 36-7-32.6-9
"Income tax base period amount"
Status: in_force

Sec. 9. As used in this chapter, "income tax base period amount" means the aggregate amount of state adjusted gross income taxes paid:

(1) by employees employed in the territory comprising the stadium development district with respect to wages and salary earned for work in the stadium development district; and

(2) by individuals who are not employees with respect to income received for services performed in the territory comprising the stadium development district;

for the state fiscal year that precedes the date on which the stadium development district is designated under section 14 of this chapter.

As added by P.L.44-2026, SEC.27.
Ind. Code § 36-9-4-33 — Indiana Code / Title 36 / Article 9 / Chapter 4 / Section 36-9-4-33
Board of directors; power to contract
Status: in_force

Sec. 33. The board of directors of a public transportation corporation may contract with any person upon the terms and conditions the board considers best for the corporation including the following:

(1) Contracting for self-insurance protection of its property or liability under IC 34-13-3.

(2) Engaging in commissions or entering into agreements for the mutual insurance or sharing of risks for liability or property damage.

(3) Agreeing to join with other municipal corporations for the mutual risk sharing of losses due to casualty or acts of God.

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

As added by Acts 1981, P.L.309, SEC.77. Amended by P.L.353-1987, SEC.1; P.L.1-1998, SEC.214.
Ind. Code § 36-1-20-1.5 — Indiana Code / Title 36 / Article 1 / Chapter 20 / Section 36-1-20-1.5
"Rental unit community"
Status: in_force

Sec. 1.5. As used in this chapter, "rental unit community" means one (1) or more parcels of contiguous real property upon which are located one (1) or more structures containing rental units, if:

(1) the combined total of all rental units in all of the structures is five (5) or more rental units; and

(2) the rental units are not occupied solely by the owner or the owner's family.

As added by P.L.193-2014, SEC.2.
Ind. Code § 36-8-11-17 — Indiana Code / Title 36 / Article 8 / Chapter 11 / Section 36-8-11-17
Bonds; authorization
Status: in_force

Sec. 17. Bonds may be issued only against the taxable property of a fire protection district and may be paid in part by revenues derived from reasonable charges for services or property produced incident to the operation of the district. Bonds shall be issued in the same manner as conservancy district bonds are issued under IC 14-33-11.

[Pre-Local Government Recodification Citation: 19-1-45-19 part.]

As added by Acts 1981, P.L.309, SEC.63. Amended by P.L.1-1995, SEC.85.
Ind. Code § 36-9-2-19 — Indiana Code / Title 36 / Article 9 / Chapter 2 / Section 36-9-2-19
Repealed
Status: repealed

[Pre-Local Government Recodification Citation: 18-1-1.5-9 part.]

As added by Acts 1980, P.L.211, SEC.4. Repealed by P.L.277-2019, SEC.13.
Ind. Code § 36-8-12.2-6 — Indiana Code / Title 36 / Article 8 / Chapter 12.2 / Section 36-8-12.2-6
Imposition of service charges and administrative fees
Status: in_force

Sec. 6. (a) A fire department may impose a charge on a person that is a responsible party with respect to a hazardous materials emergency that:

(1) the fire department responded to;

(2) members of that fire department assisted in containing, controlling, or cleaning up;

(3) with respect to the release or imminent release of hazardous materials at a facility, involves a quantity of hazardous materials that exceeds the spill quantities of hazardous materials that must be reported under 327 IAC 2-6.1-5, as in effect on January 1, 2001; and

(4) with respect to the release or imminent release of hazardous materials from a mode of transportation, involves a quantity of hazardous materials that exceeds the spill quantities of hazardous materials that must be reported under 327 IAC 2-6.1-6, as in effect on January 1, 2001.

(b) The owner or responsible party shall remit payment directly to the governmental unit providing the service.

(c) Any administrative fees charged by a fire department's agent must be paid only from fees that are collected and allowed by Indiana law and the fire marshal's schedule of fees.

(d) An agent who processes fees on behalf of a fire department shall send all bills, notices, and other related materials to both the fire department and the person being billed for services.

(e) All fees allowed by Indiana law and the fire marshal's fee schedule must be itemized separately from any other charges.

As added by P.L.33-2001, SEC.3. Amended by P.L.182-2009(ss), SEC.437.
Ind. Code § 36-9-11-9 — Indiana Code / Title 36 / Article 9 / Chapter 11 / Section 36-9-11-9
Insurance
Status: in_force

Sec. 9. (a) A municipality that operates one (1) or more parking facilities financed in whole or in part by the issuance of revenue bonds shall maintain insurance of the kinds and in the amounts ordinarily carried by persons operating similar facilities.

(b) All insurance proceeds received due to damage to a parking facility must be:

(1) used in replacing the property damaged; or

(2) deposited in the fund or account for the payment of the principal of and interest on the revenue bonds.

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

As added by Acts 1981, P.L.309, SEC.84.
Ind. Code § 36-7-27-14 — Indiana Code / Title 36 / Article 7 / Chapter 27 / Section 36-7-27-14
Bonds; issuance; purposes
Status: in_force

Sec. 14. The commission may issue bonds payable in whole or in part from money distributed from the fund to the commission to finance local public improvements under IC 36-7-15.1-17 or make lease rental payments in whole or in part from money distributed from the fund to the commission for a local public improvement under IC 36-7-15.1-17.1 and IC 36-7-15.1-17.2, including debt service payments on or lease rental payments for local public improvements under bonds issued or a lease entered into before January 1, 1992. Local public improvements to be financed by the commission may be in or serving the tax area.

As added by P.L.27-1992, SEC.28.
Ind. Code § 36-7.5-4-21 — Indiana Code / Title 36 / Article 7.5 / Chapter 4 / Section 36-7.5-4-21
West Lake corridor project; failure to enter into a full funding grant agreement
Status: in_force

Sec. 21. (a) If a full funding grant agreement is not entered into between the commuter transportation district and the federal government for the West Lake corridor project, all amounts received by the secretary-treasurer of the development authority under IC 6-3.6-11-5.5, including any interest earned on those amounts, shall be distributed by the secretary-treasurer of the development authority to each civil taxing unit in proportion to the amounts withheld and paid on behalf of the civil taxing unit under IC 6-3.6-11-5.5.

(b) When a full funding grant agreement is entered into between the commuter transportation district and the federal government for a rail project, the development authority shall adopt a resolution taking notice of the executed full funding grant agreement, and the provisions of subsection (a) will not apply with respect to that rail project.

As added by P.L.259-2019, SEC.17.
Ind. Code § 36-8-17-4 — Indiana Code / Title 36 / Article 8 / Chapter 17 / Section 36-8-17-4
Repealed
Status: repealed

As added by P.L.245-1987, SEC.21. Amended by P.L.1-2006, SEC.576. Repealed by P.L.187-2021, SEC.145.
Ind. Code § 36-7-4-1329 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1329
Fund for impact fee collections; establishment; management; reports
Status: in_force

Sec. 1329. (a) A unit imposing an impact fee shall establish a fund to receive amounts collected under this series.

(b) Money in a fund established under subsection (a) at the end of the unit's fiscal year remains in the fund. Interest earned by the fund shall be deposited in the fund.

(c) The fiscal officer of the unit shall manage the fund according to the provisions of this series. The fiscal officer shall annually report to the unit's plan commission and to each infrastructure agency responsible for infrastructure in an impact zone. The report must include the following:

(1) The amount of money in accounts established for the impact zone.

(2) The total receipts and disbursements of the accounts established for the impact zone.

(d) A separate account shall be established in the fund for each impact zone established by the unit and for each infrastructure type within each zone. Interest earned by an account shall be deposited in that account.

As added by P.L.221-1991, SEC.30.
Ind. Code § 36-7-8-2 — Indiana Code / Title 36 / Article 7 / Chapter 8 / Section 36-7-8-2
Establishment of buildings department
Status: in_force

Sec. 2. The legislative body of a county may, by ordinance, establish a county department of buildings, with an office of building commissioner and inspectors.

[Local Government Recodification Citation: New.]

As added by Acts 1981, P.L.309, SEC.27.
Ind. Code § 36-7-7.6-6 — Indiana Code / Title 36 / Article 7 / Chapter 7.6 / Section 36-7-7.6-6
Offices
Status: in_force

Sec. 6. (a) At its first regular meeting in each year, the commission shall elect from its members a chairperson, vice chairperson, secretary, and treasurer.

(b) Not more than two (2) of the officers elected under subsection (a) may be from the same county.

(c) The vice chairperson may act as chairperson during the absence or disability of the chairperson.

As added by P.L.165-2003, SEC.6.
Ind. Code § 36-7-8-11 — Indiana Code / Title 36 / Article 7 / Chapter 8 / Section 36-7-8-11
Repealed
Status: repealed

[Pre-Local Government Recodification Citations: 17-2-72-10; 17-2-72.5-7.]

As added by P.L.24-1986, SEC.36. Repealed by P.L.74-1987, SEC.28.
Ind. Code § 36-1.5-4-23 — Indiana Code / Title 36 / Article 1.5 / Chapter 4 / Section 36-1.5-4-23
Certification by legislative bodies of final action
Status: in_force

Sec. 23. The legislative body of a reorganizing political subdivision shall certify the legislative body's final action on a plan of reorganization or revised plan of reorganization, as modified by the legislative body, in the manner prescribed by the department of local government finance, to the following:

(1) The clerk of each reorganizing political subdivision.

(2) The county fiscal officer of each county in which a reorganizing political subdivision is located.

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

(4) The county voter registration office of each county in which a reorganizing political subdivision is located.

As added by P.L.186-2006, SEC.4. Amended by P.L.202-2013, SEC.14; P.L.216-2015, SEC.41.
Ind. Code § 36-7.5-4.5-31 — Indiana Code / Title 36 / Article 7.5 / Chapter 4.5 / Section 36-7.5-4.5-31
Distribution of remaining money upon completion
Status: in_force

Sec. 31. On the date that all financing obligations for a development project in a district established in a member county are no longer considered outstanding and all expenses incurred by the development authority in connection with the exercise of the development authority's duties and obligations set forth in this chapter have been paid, all money remaining in each district's account (or municipality's subaccount) in the south shore improvement and development fund shall be distributed to the redevelopment commission of the municipality in which each district is located, or to the municipality if a redevelopment commission does not exist.

As added by P.L.248-2017, SEC.10.
Ind. Code § 36-9-40-15 — Indiana Code / Title 36 / Article 9 / Chapter 40 / Section 36-9-40-15
County and contractor responsibilities for system repairs
Status: in_force

Sec. 15. (a) If repairs to a system become necessary, the county must give written notice to the contractor to make the repairs. If the contractor fails to begin the repairs not later than thirty (30) days after the notice is received, the county may do the following:

(1) Make the repairs using the county's own employees or an independent contractor.

(2) Recover from the contractor and the contractor's sureties the reasonable cost of the repairs and the cost of the supervision and inspection of the repairs.

(b) At the expiration of the guarantee period, the county has sixty (60) days in which to notify the contractor of any necessary repairs.

As added by P.L.7-2002, SEC.1.
Ind. Code § 36-9-4-1 — Indiana Code / Title 36 / Article 9 / Chapter 4 / Section 36-9-4-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to all municipalities.

[Pre-Local Government Recodification Citation: 19-5-2-3 part.]

As added by Acts 1981, P.L.309, SEC.77. Amended by P.L.182-2009(ss), SEC.451; P.L.119-2012, SEC.227; P.L.121-2016, SEC.40.
Ind. Code § 36-7.6-4-2 — Indiana Code / Title 36 / Article 7.6 / Chapter 4 / Section 36-7.6-4-2
Revenue transfers to fund
Status: in_force

Sec. 2. (a) This section applies only to a development authority and its member counties and municipalities to the extent necessary to make required payments and maintain a required reserve for debt obligations or leases that were issued or entered into by the development authority before May 1, 2015.

(b) Beginning January 1 of the year following the year in which a development authority is established, the fiscal officer of each county and each municipality that is a member of the development authority shall transfer the amount determined under subsection (c) to the development authority for deposit in the development authority fund.

(c) The amount of the transfer required each year by subsection (b) from each county and each municipality is equal to the following:

(1) Except as provided in subdivision (2), the amount that would be distributed to the county or the municipality as certified distributions of local income tax revenue raised from a local income tax rate of five-hundredths of one percent (0.05%) in the county that is dedicated to economic development purposes under IC 6-3.6-6.

(2) In the case of a county or municipality that becomes a member of a development authority after June 30, 2011, and before July 1, 2013, the amount that would be distributed to the county or municipality as certified distributions of local income tax revenue raised from a local income tax rate of twenty-five thousandths of one percent (0.025%) in the county that is dedicated to economic development purposes under IC 6-3.6-6.

(d) Notwithstanding subsection (c), if the additional local income tax rate permitted under IC 6-3.6-7-24 is in effect in a county, the obligations of the county and each municipality in the county under this section are satisfied by the transfer to the development fund of all local income tax revenue derived from the additional tax and deposited in the county regional development authority fund.

(e) The following apply to the transfers required by this section:

(1) The transfers shall be made without appropriation by the fiscal body of the county or the fiscal body of the municipality.

(2) Except as provided in subdivision (3), the fiscal officer of each county and each municipality that is a member of the development authority shall transfer twenty-five percent (25%) of the total transfers due for the year before the last business day of January, April, July, and October of each year.

(3) Local income tax revenue derived from the additional local income tax rate permitted under IC 6-3.6-7-24 must be transferred to the development fund not more than thirty (30) days after being deposited in the county regional development fund.

(4) This subdivision does not apply to a county in which the additional local income tax rate permitted under IC 6-3.6-7-24 has been imposed or to any municipality in the county. The transfers required by this section may be made from any local revenue (other than property tax revenue) of the county or municipality, including excise tax revenue, local income tax revenue, riverboat tax revenue, distributions, incentive payments, or money deposited in the county's or municipality's local major moves construction fund under IC 8-14-16.

As added by P.L.232-2007, SEC.7. Amended by P.L.172-2011, SEC.158; P.L.178-2015, SEC.21; P.L.197-2016, SEC.145.
Ind. Code § 36-4-9-9 — Indiana Code / Title 36 / Article 4 / Chapter 9 / Section 36-4-9-9
Repealed
Status: repealed

[Pre-Local Government Recodification Citations: 18-1-6-14 part; 18-2-1-5 part.]

As added by Acts 1980, P.L.212, SEC.3. Repealed by Acts 1981, P.L.44, SEC.61.
Ind. Code § 36-7-14-39.6 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-39.6
Authorization to enter into agreement with a taxpayer for waiver of review of an assessment of property taxes; agreement to pay taxes for portion of outstanding bonds
Status: in_force

Sec. 39.6. (a) A redevelopment commission may enter into a written agreement with a taxpayer who owns, or is otherwise obligated to pay property taxes on, tangible property that is or will be located in an allocation area established under this chapter in which the taxpayer waives review of any assessment of the taxpayer's tangible property that is located in the allocation area for an assessment date that occurs during the term of any specified bond or lease obligations that are payable from property taxes in accordance with an allocation provision for the allocation area and any applicable statute, ordinance, or resolution. An agreement described in this section may precede the establishment of the allocation area or the determination to issue bonds or enter into leases payable from the allocated property taxes.

(b) The original owner of each nonowner occupied residential property subject to the two percent (2%) tax cap, that is located in the tax increment financing area and is excluded from the base assessed value, shall upon completion of construction enter into a written agreement with the redevelopment commission indicating the owner shall be obligated to pay the property tax for the portion of outstanding bonds in the tax increment financing district attributable to the property until the term length of the original outstanding bond is retired. The written agreement with the redevelopment commission shall be considered a lien on the property and shall be included as part of the residential real estate sales disclosure under IC 32-21-5. If the property is subsequently sold as a homestead property and becomes subject to the one percent (1%) tax cap, the new owner shall be responsible for the lien on the property attributable to the written agreement with the redevelopment commission, and the new homestead property owner shall be obligated to fulfill the terms of the written agreement including the payment of the property tax liability included in the agreement. This subsection does not apply to multi-family apartments.

As added by P.L.249-2015, SEC.26. Amended by P.L.157-2026, SEC.238.
Ind. Code § 36-10-4-6.1 — Indiana Code / Title 36 / Article 10 / Chapter 4 / Section 36-10-4-6.1
Extended districts in other counties; board of park commissioners; term; vacancy
Status: in_force

Sec. 6.1. (a) This section applies whenever a district is extended under section 5 of this chapter and the district is located in a county having a population of more than one hundred eighty thousand (180,000) and less than one hundred eighty-five thousand (185,000).

(b) After the district is extended under section 5 of this chapter, the board consists of five (5) commissioners. Three (3) commissioners shall be appointed by the city executive, and two (2) commissioners shall be appointed by the county executive of the county in which the city is located. The commissioners appointed by the county executive must be residents of the areas of the district outside the corporate boundaries of the city. No more than two (2) of the three (3) commissioners appointed by the city executive may be members of the same political party, and the commissioners appointed by the county executive may not be members of the same political party.

(c) A commissioner of an extended district may hold office for an unlimited number of terms.

(d) All commissioners after the extension of the district shall be appointed for terms of four (4) years, beginning on January 1. The three (3) commissioners whose terms of office have not expired continue in office and are considered appointees of the city executive until the expiration of the four (4) year terms for which they each were originally appointed. The county executive shall appoint two (2) commissioners, one for a term of two (2) years and the other for a term of four (4) years. As the term of each commissioner expires, a new commissioner shall be appointed for a term of four (4) years so that at all times the board consists of three (3) commissioners appointed by the city executive and two (2) commissioners appointed by the county executive.

(e) A vacancy in the office of a commissioner shall be filled for the remainder of the term by the appointing authority.

As added by P.L.358-1987, SEC.5. Amended by P.L.12-1992, SEC.192; P.L.170-2002, SEC.173; P.L.119-2012, SEC.237; P.L.104-2022, SEC.219.
Ind. Code § 36-9-13-33 — Indiana Code / Title 36 / Article 9 / Chapter 13 / Section 36-9-13-33
Proceeds; application; liens
Status: in_force

Sec. 33. (a) The proceeds of any bonds issued under section 30 of this chapter or of any loans made under section 31 of this chapter shall first be applied to the reimbursement of all amounts advanced for preliminary expenses under section 21 of this chapter. The proceeds shall then be applied solely to the payment of the costs for which the bonds are issued or the loan is negotiated, including incidental expenses and interest during construction or acquisition.

(b) The bondholders under section 30 of this chapter, lenders under section 31 of this chapter, or trustees under section 32 of this chapter have a lien upon the proceeds of the bonds or the loan until those proceeds are applied in the manner prescribed by this section.

[Pre-Local Government Recodification Citation: 19-8-4-17.]

As added by Acts 1981, P.L.309, SEC.86. Amended by P.L.37-1988, SEC.39.
Ind. Code § 36-7-12-18 — Indiana Code / Title 36 / Article 7 / Chapter 12 / Section 36-7-12-18
Powers of units
Status: in_force

Sec. 18. (a) A unit may:

(1) enter into agreements concerning, and acquire by any lawful means, land or interests in land and personal property needed for the purposes of this chapter;

(2) exercise its power of eminent domain to acquire unimproved land, unoccupied economic development facilities, or pollution control facilities and the land relating to those facilities, for the purposes of this chapter;

(3) purchase, lease as lessee, construct, remodel, rebuild, enlarge, or substantially improve economic development or pollution control facilities, including land, machinery, or equipment;

(4) lease economic development or pollution control facilities to users or developers, with or without an option to purchase;

(5) sell economic development or pollution control facilities to users or developers, for consideration to be paid in installments or otherwise;

(6) make direct loans to users or developers for the cost of acquisition, construction, or installation of economic development or pollution control facilities, including land, machinery, or equipment, with the loans to be secured by the pledge of one (1) or more taxable or tax-exempt bonds or other secured or unsecured debt obligations of the users or developers;

(7) enter into agreements with users or developers to allow the users or developers to wholly or partially construct economic development or pollution control facilities to be acquired by the unit;

(8) issue taxable or tax-exempt bonds under this chapter for single or multiple, identified or unidentified, economic development or pollution control facilities to accomplish the purposes of this chapter, and secure their payment as provided in this chapter;

(9) establish reserves from the proceeds of the sale of taxable or tax-exempt bonds, other funds, or both, to secure the payment of the principal and interest on the bonds;

(10) lend or deposit the proceeds of bonds to or with a lender for the purpose of furnishing funds to the lender for the purpose of making a loan to a specifically identified developer or user for the financing of specifically identified economic development or pollution control facilities under this chapter; and

(11) reimburse from bond proceeds expenditures for pollution control facilities or economic development facilities.

(b) This chapter does not authorize the financing of economic development facilities for a developer unless any written agreement that may exist between the developer and the user is fully disclosed to, and approved by, the economic development commission or the fiscal body of the unit.

[Pre-Local Government Recodification Citation: 18-6-4.5-11.]

As added by Acts 1981, P.L.309, SEC.31. Amended by P.L.40-1983, SEC.3; P.L.25-1987, SEC.47; P.L.24-1995, SEC.28.
Ind. Code § 36-2-3-4.5 — Indiana Code / Title 36 / Article 2 / Chapter 3 / Section 36-2-3-4.5
Repealed
Status: repealed

As added by P.L.3-1993, SEC.258. Repealed by P.L.169-2022, SEC.13.
Ind. Code § 36-7-11.3-56 — Indiana Code / Title 36 / Article 7 / Chapter 11.3 / Section 36-7-11.3-56
Conditions for altering structure or feature on primary property
Status: in_force

Sec. 56. (a) A person may not construct on primary property a structure or feature or reconstruct, alter, or demolish primary property unless the following conditions have been met:

(1) The person has previously filed with the commission an application for a certificate of appropriateness in the form and with the plans, specifications, and other materials that the commission prescribes.

(2) A certificate of appropriateness has been issued by the commission as provided in this section.

(b) After the filing of an application for a certificate of appropriateness, the commission shall determine whether the proposed construction, reconstruction, or alteration of the structure in question:

(1) will be appropriate to the preservation of the area comprised of primary and secondary property; and

(2) complies with the architectural and construction standards then existing in the area.

(c) In determining appropriateness, the commission shall consider, in addition to other factors that the commission considers pertinent, the historical and architectural style, general design, arrangement, size, texture, and materials of the proposed work and the relation of the proposed work to the architectural factor of other structures in the area. The entity responsible for issuing building permits may not issue a permit for the construction, reconstruction, alteration, or demolition of a structure in the area unless the application for the permit is accompanied by a certificate of appropriateness.

(d) The issuance of or refusal to issue a permit is a final determination appealable under section 59 of this chapter. With respect to a certificate of appropriateness, the commission may, by rule or regulation, provide for:

(1) the public hearings;

(2) notice of the hearings; or

(3) the filing of the application for the certificate;

that the commission considers necessary.

(e) Notwithstanding this section, the commission may, by rule or regulation:

(1) define; and

(2) exempt from the application of this section;

specific types and categories of construction, reconstruction, alterations, and demolition for which the commission determines commission action and review are not necessary or desirable to effect the purposes of this chapter.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-17(a) part, (b), (c), (d).]

As added by P.L.1-1995, SEC.84.
Ind. Code § 36-2-19-6 — Indiana Code / Title 36 / Article 2 / Chapter 19 / Section 36-2-19-6
Filing fee disposition
Status: in_force

Sec. 6. If the plat described in section 4 of this chapter is filed in the county surveyor's office under a county ordinance, the filing fee shall be deposited in the county surveyor's corner perpetuation fund.

As added by P.L.76-1989, SEC.4.
Ind. Code § 36-9-27-102 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-102
Name of fund
Status: in_force

Sec. 102. The taxes collected under section 100 of this chapter shall be held in a special fund to be known as the "(city, town, or county) cumulative drainage fund".

[Pre-Local Government Recodification Citation: 19-4-10.1-4 part.]

As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.17-1995, SEC.41.
Ind. Code § 36-10-3-33 — Indiana Code / Title 36 / Article 10 / Chapter 3 / Section 36-10-3-33
Extension of service to unincorporated area; request; petition
Status: in_force

Sec. 33. (a) A request to a municipality to extend park and recreation service to the unincorporated area of a township in which the municipality is located or in a township adjacent to the township in which the municipality is located may be made by at least the number of registered voters required under IC 3-8-6-3 to place a candidate on the ballot in that area or township and who reside in that area or township, unless the area is already located within another park district.

(b) The request must be made by petition to the board of the municipality and must:

(1) state the reasons for the need of service;

(2) specify the unincorporated area or township to be served; and

(3) include the signatures and addresses of the petitioners.

[Pre-Local Government Recodification Citations: subsection (a) formerly 19-7-4-51; subsection (b) formerly 19-7-4-52.]

As added by Acts 1981, P.L.309, SEC.110. Amended by P.L.12-1995, SEC.132.
Ind. Code § 36-6-8-5 — Indiana Code / Title 36 / Article 6 / Chapter 8 / Section 36-6-8-5
Assessor; real property reassessment duties; additional per diem compensation; county review
Status: in_force

Sec. 5. (a) When performing the real property reassessment duties under a county's reassessment plan prepared under IC 6-1.1-4-4.2, a township assessor may receive per diem compensation, in addition to salary, at a rate fixed by the county fiscal body, for each day that the assessor is engaged in reassessment activities.

(b) Subsection (a) applies regardless of whether professional assessing services are provided to a township under contract.

[Pre-Local Government Recodification Citations: 17-4-27.6-1; 17-4-27.6-2 part.]

As added by Acts 1980, P.L.212, SEC.5. Amended by Acts 1980, P.L.125, SEC.31; Acts 1981, P.L.46, SEC.3; P.L.196-1984, SEC.3; P.L.74-1987, SEC.23; P.L.6-1997, SEC.207; P.L.198-2001, SEC.106; P.L.146-2008, SEC.717; P.L.112-2012, SEC.53; P.L.86-2018, SEC.343.
Ind. Code § 36-7-11.2-37 — Indiana Code / Title 36 / Article 7 / Chapter 11.2 / Section 36-7-11.2-37
Private deliberations
Status: in_force

Sec. 37. (a) Upon the conclusion of the hearing on a matter and before the voting, the commission members shall, if requested by:

(1) the petitioner;

(2) an interested party; or

(3) a commission member;

deliberate in private before voting.

(b) The commission shall, before voting, consider conditions proposed to the commission at the hearing by a person, including a commission member, concerning the restrictions, limitations, commitments, or undertakings that might be required by the commission as the condition of a vote favorable to the petitioner.

(c) The commission may:

(1) on the commission's own motion; or

(2) at the request of a person;

before voting on a matter, continue the matter to a future meeting so that the petitioner and a person appearing adverse to the petitioner might privately agree upon the restrictions, limitations, commitments, or undertakings to be proposed to the commission as a condition to a vote by the commission favorable to the petitioner.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-9(c).]

As added by P.L.1-1995, SEC.83.
Ind. Code § 36-7-40-9 — Indiana Code / Title 36 / Article 7 / Chapter 40 / Section 36-7-40-9
Leases or contracted agreements
Status: in_force

Sec. 9. The board may enter into lease or contractual agreements, or both, with governmental, not-for-profit, or other private entities for the purpose of carrying out economic enhancement projects. The term of any lease or contractual agreement may not exceed the expiration date of the economic enhancement district ordinance under section 4 of this chapter.

As added by P.L.201-2023, SEC.279. Amended by P.L.9-2024, SEC.556; P.L.169-2024, SEC.5.
Ind. Code § 36-7.5-1-11.3 — Indiana Code / Title 36 / Article 7.5 / Chapter 1 / Section 36-7.5-1-11.3
"Eligible municipality"
Status: in_force

Sec. 11.3. "Eligible municipality" refers to a municipality that has become a member of the development authority under IC 36-7.5-2-3(h).

As added by P.L.182-2009(ss), SEC.421. Amended by P.L.165-2021, SEC.208.
Ind. Code § 36-7.5-4-1 — Indiana Code / Title 36 / Article 7.5 / Chapter 4 / Section 36-7.5-4-1
Development authority revenue fund; accounts; use of money in the fund; debt service
Status: in_force

Sec. 1. (a) The development board shall establish and administer a development authority revenue fund.

(b) The development authority revenue fund consists of the following:

(1) Riverboat admissions tax revenue, riverboat wagering tax revenue, or riverboat incentive payments received by a city or county described in IC 36-7.5-2-3(b) and transferred by the county or city to the fund.

(2) Local income tax revenue dedicated to economic development purposes by a county or city and transferred by the county or city to the fund.

(3) Amounts distributed under IC 8-15-2-14.7.

(4) Food and beverage tax revenue deposited in the fund under IC 6-9-36-8.

(5) Funds received from the federal government.

(6) Appropriations to the fund by the general assembly.

(7) Other local revenue appropriated to the fund by a political subdivision.

(8) Amounts transferred to the fund under IC 36-7.5-4.5.

(9) Gifts, donations, and grants to the fund.

(c) The development board shall establish any accounts in the fund that are necessary or appropriate to carry out the powers and duties of the development authority.

(d) The development board shall establish separate accounts for funding that are expressly committed to:

(1) the mainline double tracking project; or

(2) the West Lake corridor project.

(e) A separate fund or account may be established to comply with the requirements of:

(1) a grant received from any federal agency or department;

(2) a grant received from the state;

(3) state appropriations;

(4) gifts, bequests, or donations;

(5) the issuance of obligations;

(6) the execution of leases; or

(7) any other purpose.

(f) Except as otherwise provided by law, agreement with holders of any obligations of the development authority, or subsection (g), all money transferred to the development authority revenue fund under subsection (b)(1), (b)(2), and (b)(4) shall be used only for the payment of or to secure the payment of obligations of an eligible political subdivision under a lease entered into by an eligible political subdivision and the development authority under this chapter. Money not pledged to payment of any existing or future leases or reasonably necessary for the purposes of this article may be returned by the treasurer of the development authority to the respective counties and cities that contributed the money to the development authority.

(g) If the amount of money transferred to the development authority revenue fund under subsection (b)(1), (b)(2), and (b)(4) for deposit in the lease rental account in any one (1) calendar year is greater than an amount equal to:

(1) one and twenty-five hundredths (1.25); multiplied by

(2) the total of the highest annual debt service on any bonds then outstanding to their final maturity date, which have been issued under this article and are not secured by a lease, plus the highest annual lease payments on any leases to their final maturity, which are then in effect under this article;

all or a portion of the excess may instead be deposited in the general account.

(h) Except as otherwise provided by law or agreement with the holders of obligations of the development authority, all other money and revenues of the development authority may be used for any purpose authorized by this article.

(i) The development authority revenue fund shall be administered by the development authority.

(j) Money in the development authority revenue fund shall be used by the development authority to carry out this article and does not revert to any other fund.

(k) This section includes full authority for the creation of any fund or account by the development authority and for an agreement with any person to hold or manage a fund or account.

As added by P.L.214-2005, SEC.73. Amended by P.L.182-2009(ss), SEC.425; P.L.197-2016, SEC.142; P.L.229-2017, SEC.39; P.L.248-2017, SEC.6; P.L.86-2018, SEC.350; P.L.189-2018, SEC.171.
Ind. Code § 36-9-39-25 — Indiana Code / Title 36 / Article 9 / Chapter 39 / Section 36-9-39-25
Hearing on assessments; finality of decision; appeals; effect of defective procedures
Status: in_force

Sec. 25. (a) Except as provided in subsection (b), the decision of the works board concerning all benefits is final and conclusive on all parties.

(b) An owner of an assessed lot or parcel of land who has filed a written remonstrance with the board may appeal in the manner prescribed by IC 34-13-6. The appeal does not delay the delivery of the assessment roll to the municipal fiscal officer and does not affect the rights of any other property owner.

(c) If an assessment is reduced on appeal, the works board shall certify the correction to the municipal fiscal officer. The municipal fiscal officer shall then enter the proper amount of the assessment on the roll.

(d) The following applies if there is a defect in the assessment proceedings with respect to at least one (1) interested person:

(1) The defect affects the proceedings only to the extent that the defect affects the interest or property of the person or persons.

(2) Supplementary proceedings of the same general character as those described by this chapter may be had to correct or supply the defect.

As added by P.L.98-1993, SEC.10. Amended by P.L.1-1998, SEC.219.
Ind. Code § 36-6-4-10 — Indiana Code / Title 36 / Article 6 / Chapter 4 / Section 36-6-4-10
Verified statement of indebtedness; posting
Status: in_force

Sec. 10. On the first Monday of each August the executive shall post, in a conspicuous place near the executive's office, a verified statement showing the indebtedness of the township in detail and giving the number and total amount of outstanding orders, warrants, and accounts.

[Pre-Local Government Recodification Citation: 17-4-13-1 part.]

As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.127-2017, SEC.155.
Ind. Code § 36-8-7-6 — Indiana Code / Title 36 / Article 8 / Chapter 7 / Section 36-8-7-6
Trustees; election of retired members
Status: in_force

Sec. 6. (a) An election shall be held under this section every two (2) years to elect one (1) trustee from the retired members of the fire department for a term of two (2) years, commencing on the day of the trustee's election, if the retired list contains at least three (3) retired members at the time of election. The fire chief shall fix a time for holding a convention to nominate candidates for trustee to be elected at each election. Each convention must be held at least fifteen (15) days before the day on which the biennial election is held. All retired members of the fire department may participate in the convention. The convention, when assembled, shall nominate not more than four (4) members of the retired list to be voted upon as trustee. The secretary of the board shall mail the names of the persons nominated along with an official ballot to the retired members within forty-eight (48) hours of the end of the convention.

(b) The election shall be conducted by mail. Each retired member is entitled to cast one (1) ballot by mail and the ballot may not contain more than one (1) name, chosen from the list of retired persons nominated by the convention. The candidate receiving the highest number of votes by 6 p.m. on the second Monday in February or an alternative date in February specified in the bylaws of the fund is elected.

(c) The ballots must remain closed and inviolate until the close of the election, at which time, in the presence of the executive of the unit, the fire chief, and the clerk of the unit, the ballots shall be opened and counted. A certificate of election shall be issued to the candidate receiving the highest number of votes. If two (2) or more candidates receive the same number of votes, the executive and the chief shall immediately determine by lot who will be trustee from the persons receiving an equal number of votes.

(d) This section does not apply to a township if the fire department of the township is consolidated under IC 36-3-1-6.1.

[Pre-Local Government Recodification Citations: subsection (a) formerly 19-1-37-5; subsection (b) formerly 19-1-37-7; subsection (c) formerly 19-1-37-9.]

As added by Acts 1981, P.L.309, SEC.57. Amended by P.L.170-1994, SEC.3; P.L.227-2005, SEC.42.
Ind. Code § 36-7.5-4.5-33 — Indiana Code / Title 36 / Article 7.5 / Chapter 4.5 / Section 36-7.5-4.5-33
Expiration
Status: in_force

Sec. 33. This chapter expires June 30, 2047.

As added by P.L.248-2017, SEC.10.
Ind. Code § 36-9-29-9 — Indiana Code / Title 36 / Article 9 / Chapter 29 / Section 36-9-29-9
Executive secretary; compensation; bond; duties
Status: in_force

Sec. 9. (a) The flood control board shall appoint an executive secretary. The executive secretary may not be a commissioner of the board before the completion of the flood control works, but may be after their completion.

(b) The salary of the executive secretary shall be fixed by the flood control board.

(c) The executive secretary may be required to furnish bond in the amount the flood control board finds necessary. The cost of the bond may be borne by the district.

(d) The executive secretary:

(1) is the custodian of the records of the district;

(2) shall assist the board in the performance of its duties, as directed by the board; and

(3) shall certify copies of the official records and files of the district that may be required of the executive secretary by this chapter, or by any person ordering copies and paying the reasonable cost of transcription.

Certification of a record by the executive secretary is prima facie evidence of the record's accuracy.

[Pre-Local Government Recodification Citation: 19-4-18-6 part.]

As added by Acts 1981, P.L.309, SEC.105. Amended by Acts 1981, P.L.317, SEC.35; P.L.127-2017, SEC.372.
Ind. Code § 36-7.5-2-9 — Indiana Code / Title 36 / Article 7.5 / Chapter 2 / Section 36-7.5-2-9
Annual financial audit
Status: in_force

Sec. 9. (a) The state board of accounts shall, pursuant to IC 5-11-1-7 and IC 5-11-1-24, allow the development authority to contract with a certified public accountant for an annual financial audit of the development authority. The certified public accountant may not have a significant financial interest in a project, facility, or service funded by or leased by or to the development authority. The certified public accountant selected by the development authority must be approved by the state examiner and is subject to the direction of the state examiner while performing an annual financial audit under this article.

(b) The certified public accountant shall present an audit report not later than four (4) months after the end of the development authority's fiscal year and shall make recommendations to improve the efficiency of development authority operations. The certified public accountant shall also perform a study and evaluation of internal accounting controls and shall express an opinion on the controls that were in effect during the audit period.

(c) The development authority shall pay the cost of the annual financial audit. In addition, the state board of accounts may at any time conduct an audit of any phase of the operations of the development authority. The development authority shall pay the cost of any audit by the state board of accounts.

As added by P.L.214-2005, SEC.73. Amended by P.L.257-2019, SEC.145.
Ind. Code § 36-6-4-20 — Indiana Code / Title 36 / Article 6 / Chapter 4 / Section 36-6-4-20
Training
Status: in_force

Sec. 20. (a) As used in this section, "training courses" refers to training courses, workshops, training institutes authorized by IC 5-11-14, formal academies, special seminars, and other in-service training related to an office described in section 2 of this chapter that are developed or offered under the rubric of a generally accepted professional association, association of governments or a state agency or department, or public university or affiliated center.

(b) An individual elected to the office described in section 2 of this chapter on or after November 5, 2023, shall complete at least:

(1) fourteen (14) hours of training courses within one (1) year; and

(2) thirty-six (36) hours of training courses within three (3) years;

after the individual is elected to the office described in section 2 of this chapter.

(c) An individual first elected or appointed to an office described in section 2 of this chapter shall complete five (5) hours of newly elected official training courses before the individual first takes office. A training course that the individual completes under this subsection shall be counted toward the requirements under subsection (b).

(d) An individual shall fulfill the training requirements established by subsection (b) for each term to which the individual is elected to the office described in section 2 of this chapter.

(e) This subsection applies only to an individual appointed to fill a vacancy in the office described in section 2 of this chapter. An individual described in this subsection may, but is not required to, take training courses required by subsection (b). If an individual described in this subsection takes a training course required by subsection (b) for an individual elected to the office described in section 2 of this chapter, the township shall pay for the training course as if the individual had been elected to the office described in section 2 of this chapter.

(f) The:

(1) township legislative body; and

(2) individual who holds the office described in section 2 of this chapter;

shall use all reasonable means to ensure that the individual who holds the office described in section 2 of this chapter complies with the training requirements established by this section.

(g) The individual who holds the office described in section 2 of this chapter shall maintain written documentation of the training courses that the individual completes toward the requirements of this section.

(h) An individual elected or appointed to an office described in section 2 of this chapter shall certify completion of the requirements described in subsection (b) every year and file the certification with the state board of accounts in the same manner as the report required in IC 5-11-1-4(a).

As added by P.L.58-2023, SEC.34.
Ind. Code § 36-7-15.5-15 — Indiana Code / Title 36 / Article 7 / Chapter 15.5 / Section 36-7-15.5-15
Districts on which development initiated between November 1, 1985, and June 30, 1988; payment of assessments
Status: in_force

Sec. 15. (a) This section applies to a parcel in an improvement and maintenance district on which development is initiated between November 1, 1985, and June 30, 1988, in accordance with a project agreement executed before June 30, 1988, under IC 36-7-15.1 that provides a maximum limitation on the amount of the special benefit assessment that the owner will be obligated to pay.

(b) For those parcels, the department may pay each year to the fund the amount by which the assessment amount on the parcel exceeds the maximum assessment amount specified in the project agreement.

As added by P.L.194-1988, SEC.1.
Ind. Code § 36-9-39.1-7 — Indiana Code / Title 36 / Article 9 / Chapter 39.1 / Section 36-9-39.1-7
Appropriation of money for sewage works
Status: in_force

Sec. 7. (a) A board may adopt an ordinance or a resolution to appropriate money from funds under the board's control to pay for all or part of the cost of the construction, repair, extension, or improvement of a sewage works.

(b) Any costs not paid under subsection (a) must be paid by:

(1) an assessment imposed under subsection (c) against the benefited properties; or

(2) a contract under IC 36-9-22.

Any interest or penalties attributable to an assessment under this section must be deposited in the fund.

(c) The board may adopt a resolution to impose an assessment to finance the construction, repair, extension, or improvement of a sewage works. The assessment must be imposed and collected as provided by the street and sewer improvement statutes.

As added by P.L.169-2006, SEC.82.
Ind. Code § 36-3-1-5.1 — Indiana Code / Title 36 / Article 3 / Chapter 1 / Section 36-3-1-5.1
Consolidation of police department and county sheriff's department
Status: reserved

Sec. 5.1. (a) Except for those duties that are reserved by law to the county sheriff in this section, the city-county legislative body may by majority vote adopt an ordinance, approved by the mayor, to consolidate the police department of the consolidated city and the county sheriff's department. The consolidated law enforcement department must be a division of the department of public safety under the direction and control of a director of public safety.

(b) The city-county legislative body may not adopt an ordinance under this section unless it first:

(1) holds a public hearing on the proposed consolidation; and

(2) determines that:

(A) reasonable and adequate police protection can be provided through the consolidation; and

(B) the consolidation is in the public interest.

(c) If an ordinance is adopted under this section, the consolidation shall take effect on the date specified in the ordinance.

(d) Notwithstanding any other law, an ordinance adopted under this section must provide that the county sheriff's department shall be responsible for all the following for the consolidated city and the county under the direction and control of the sheriff:

(1) County jail operations and facilities.

(2) Emergency communications.

(3) Security for buildings and property owned by:

(A) the consolidated city;

(B) the county; or

(C) both the consolidated city and county.

(4) Service of civil process and collection of taxes under tax warrants.

(5) Sex and violent offender registration.

(e) The following apply if an ordinance is adopted under this section:

(1) The department of local government finance shall adjust the maximum permissible ad valorem property tax levy of the consolidated city and the county for property taxes first due and payable in the year a consolidation takes effect under this section. When added together, the adjustments under this subdivision must total zero (0).

(2) The ordinance must specify which law enforcement officers of the police department and which law enforcement officers of the county sheriff's department shall be law enforcement officers of the consolidated law enforcement department.

(3) The ordinance may not prohibit the providing of law enforcement services for an excluded city under an interlocal agreement under IC 36-1-7.

(4) A member of the county police force who:

(A) was an employee beneficiary of the sheriff's pension trust before the consolidation of the law enforcement departments; and

(B) after the consolidation becomes a law enforcement officer of the consolidated law enforcement department;

remains an employee beneficiary of the sheriff's pension trust. The member retains, after the consolidation, credit in the sheriff's pension trust for service earned while a member of the county police force and continues to earn service credit in the sheriff's pension trust as a member of the consolidated law enforcement department for purposes of determining the member's benefits from the sheriff's pension trust.

(5) A member of the police department of the consolidated city who:

(A) was a member of the 1953 fund or the 1977 fund before the consolidation of the law enforcement departments; and

(B) after the consolidation becomes a law enforcement officer of the consolidated law enforcement department;

remains a member of the 1953 fund or the 1977 fund. The member retains, after the consolidation, credit in the 1953 fund or the 1977 fund for service earned while a member of the police department of the consolidated city and continues to earn service credit in the 1953 fund or the 1977 fund as a member of the consolidated law enforcement department for purposes of determining the member's benefits from the 1953 fund or the 1977 fund.

(6) The ordinance must designate the merit system that shall apply to the law enforcement officers of the consolidated law enforcement department.

(7) The ordinance must designate who shall serve as a coapplicant for a warrant or an extension of a warrant under IC 35-33.5-2.

(8) The consolidated city may levy property taxes within the consolidated city's maximum permissible ad valorem property tax levy limit to provide for the payment of the expenses for the operation of the consolidated law enforcement department. The police special service district established under section 6 of this chapter may levy property taxes to provide for the payment of expenses for the operation of the consolidated law enforcement department within the territory of the police special service district. Property taxes to fund the pension obligation under IC 36-8-7.5 may be levied only by the police special service district within the police special service district. The consolidated city may not levy property taxes to fund the pension obligation under IC 36-8-7.5. Property taxes to fund the pension obligation under IC 36-8-8 for members of the 1977 police officers' and firefighters' pension and disability fund who were members of the police department of the consolidated city on the effective date of the consolidation may be levied only by the police special service district within the police special service district. Property taxes to fund the pension obligation under IC 36-8-10 for members of the sheriff's pension trust and under IC 36-8-8 for members of the 1977 police officers' and firefighters' pension and disability fund who were not members of the police department of the consolidated city on the effective date of the consolidation may be levied by the consolidated city within the consolidated city's maximum permissible ad valorem property tax levy. The assets of the consolidated city's 1953 fund and the assets of the sheriff's pension trust may not be pledged after the effective date of the consolidation as collateral for any loan.

As added by P.L.227-2005, SEC.17. Amended by P.L.1-2006, SEC.559; P.L.216-2007, SEC.54; P.L.182-2009(ss), SEC.400; P.L.266-2013, SEC.5; P.L.121-2016, SEC.32.
Ind. Code § 36-7-32.5-16.5 — Indiana Code / Title 36 / Article 7 / Chapter 32.5 / Section 36-7-32.5-16.5
State gross retail and use tax paid or collected by a contractor; report
Status: in_force

Sec. 16.5. (a) A contractor that provides tangible personal property incorporated into real property in a project located in an innovation development district shall maintain records of all state gross retail and use tax paid or collected during a state fiscal year for the tangible personal property incorporated into the real property in projects located in an innovation development district.

(b) A contractor may issue an exemption certificate under IC 6-2.5-8-8 to a vendor when purchasing tangible personal property to be incorporated into real property located in an innovation development district.

(c) A contractor that issues an exemption certificate to a vendor under subsection (b) is liable for collecting gross retail tax from the customer on the tangible personal property if the contractor uses a time and materials contract, or when accruing and remitting state use tax on the purchase price of the tangible personal property if the contractor uses a lump sum contract.

(d) A contractor shall report the following to the department of state revenue, disaggregated by project, annually for each state fiscal year:

(1) The amount of state gross retail and use taxes paid or collected by a contractor with respect to tangible personal property incorporated into real property in a project located in an innovation development district.

(2) The issuing of any exemption certificates by the contractor under subsection (b).

A contractor shall report the information required under this subsection for a state fiscal year not later than the July 31 immediately following the end of the state fiscal year.

As added by P.L.201-2023, SEC.276.
Ind. Code § 36-9-25-31 — Indiana Code / Title 36 / Article 9 / Chapter 25 / Section 36-9-25-31
Payment of general expenses; special tax levy for payment of bonds
Status: in_force

Sec. 31. To provide money to pay for general expenses of the board not chargeable to the cost of any property acquired or work done under a resolution of the board for which bonds of the district are issued, the board may issue the bonds of the district in an aggregate amount not to exceed two percent (2%) of the adjusted value of the taxable property within the district as determined under IC 36-1-15. The bonds are payable from a special tax, which the board shall levy annually at the rate required to finance the bonds. The tax shall be levied, collected, and expended according to section 32 of this chapter.

[Pre-Local Government Recodification Citation: 19-2-26-1.]

As added by Acts 1981, P.L.309, SEC.98. Amended by P.L.6-1997, SEC.224.
Ind. Code § 36-4-9-7 — Indiana Code / Title 36 / Article 4 / Chapter 9 / Section 36-4-9-7
Ordinance establishing position of deputy mayor
Status: in_force

Sec. 7. The city legislative body may by ordinance establish the position of deputy mayor, who serves as the city executive's deputy. The ordinance must:

(1) provide that the deputy is appointed by and serves at the pleasure of the executive; and

(2) set forth all the powers of the deputy, which may not exceed the powers of the executive.

[Pre-Local Government Recodification Citation: 18-2-1-4.2 part.]

As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981, P.L.17, SEC.24.
Ind. Code § 36-9-36-40 — Indiana Code / Title 36 / Article 9 / Chapter 36 / Section 36-9-36-40
Assessment liens
Status: in_force

Sec. 40. (a) The unit has a lien against each parcel of real property that is assessed for:

(1) the construction, maintenance, or repair of an improvement; or

(2) the taking of lands for any purpose of the unit.

(b) The lien is established when the assessments are certified to the disbursing officer for collection. The unit may bring a foreclosure action to enforce the lien against a person who defaults in payment of the assessment.

As added by P.L.98-1993, SEC.7.
Ind. Code § 36-9-13-5 — Indiana Code / Title 36 / Article 9 / Chapter 13 / Section 36-9-13-5
Procedure for establishment of authority; notice and hearing
Status: in_force

Sec. 5. (a) Whenever the county auditor receives a notice that:

(1) is signed by the presiding officers of the county executive, the county fiscal body, and the municipal fiscal body of the county seat;

(2) states that those bodies have agreed to hold a public hearing on and consider the creation of a county building authority; and

(3) fixes a time and place for that hearing;

the county auditor shall give notice by publication of the hearing. The notice shall be published in accordance with IC 5-3-1, and must set out the time, place, and purpose of the hearing.

(b) The members of the executive of the county and the fiscal bodies of the county and county seat shall meet at the time and place fixed in the notice. The presiding officers of each of the three (3) bodies shall elect one (1) of their number to preside as chair at the hearing, another as vice chair, and another as secretary.

(c) All interested citizens and taxpayers of the county may appear and are entitled to be heard at the hearing.

(d) The authority shall be established if, within sixty (60) days after the hearing, a concurrent resolution declaring a need for the authority is agreed upon and separately adopted by the county executive and county and municipal fiscal bodies.

(e) A copy of the concurrent resolution that is certified by affidavits of the county auditor and municipal clerk showing the date of adoption of the resolution by the three (3) bodies must be filed in the office of the recorder of the county for recording in the miscellaneous records. The certified and recorded copy of the resolution is admissible in evidence in any action or proceeding as proof of the establishment of the authority.

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

As added by Acts 1981, P.L.309, SEC.86. Amended by Acts 1981, P.L.45, SEC.46; P.L.127-2017, SEC.300.
Ind. Code § 36-2-8-3 — Indiana Code / Title 36 / Article 2 / Chapter 8 / Section 36-2-8-3
Report of fees collected and payment into county treasury
Status: in_force

Sec. 3. A county officer and the officer's deputies and other employees are entitled to payment only after the officer has reported all fees collected by the officer's office and paid them into the county treasury.

[Pre-Local Government Recodification Citation: 17-3-71-1 part.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.48.
Ind. Code § 36-2-9.5-14 — Indiana Code / Title 36 / Article 2 / Chapter 9.5 / Section 36-2-9.5-14
Powers and duties under property tax laws; exceptions
Status: in_force

Sec. 14. The county auditor has all the powers and duties assigned to county auditors under IC 6-1.1, except for the powers and duties related to the fixing and reviewing of budgets, tax rates, and tax levies.

As added by P.L.227-2005, SEC.16.
Ind. Code § 36-1-29.5-13 — Indiana Code / Title 36 / Article 1 / Chapter 29.5 / Section 36-1-29.5-13
Agreement to administer fund
Status: in_force

Sec. 13. Any separate body corporate and politic or regional, multicounty, or metropolitan authority or commission may, by written agreement, establish a mutually beneficial relationship with one (1) or more units for purposes of administering or carrying out the purposes of the unit's fund or units' funds.

As added by P.L.135-2022, SEC.22.
Ind. Code § 36-9-7-3 — Indiana Code / Title 36 / Article 9 / Chapter 7 / Section 36-9-7-3
Department personnel; qualifications of traffic engineer
Status: in_force

Sec. 3. (a) The personnel of the department of traffic engineering consists of a city traffic engineer, the traffic engineer's assistants, and other employees necessary to perform the duties of the department. The city executive shall appoint the traffic engineer.

(b) The traffic engineer must:

(1) have a thorough knowledge of modern traffic control methods;

(2) be able to supervise and coordinate diversified traffic engineering activities and prepare engineering reports; and

(3) either:

(A) be a registered professional engineer who has practiced traffic engineering for at least one (1) year;

(B) have a certificate of engineer-in-training under IC 25-31 and have practiced traffic engineering for at least two (2) years; or

(C) have practiced traffic engineering for at least ten (10) years.

A person must furnish evidence of the person's qualifications under this subsection before the person may be appointed by the executive.

[Pre-Local Government Recodification Citations: 18-4-19-1 part; 18-4-19-2.]

As added by Acts 1981, P.L.309, SEC.80. Amended by P.L.127-2017, SEC.288.
Ind. Code § 36-9-36-31 — Indiana Code / Title 36 / Article 9 / Chapter 36 / Section 36-9-36-31
Preparation of assessment roll
Status: in_force

Sec. 31. (a) As soon as a contract for an improvement has been completed, the works board shall have an assessment roll prepared for the property abutting on and adjacent to the improvement. The property abutting on and adjacent to the improvement is liable to assessment under this chapter.

(b) The assessment roll must include the following:

(1) The name of the owner of each parcel of property.

(2) A description of each parcel of property.

(3) The total assessment, if any, against each parcel of property. The total assessment must be listed opposite each name and description.

(c) A mistake in the name of the owner or the description of property does not void the assessment or lien against the property.

As added by P.L.98-1993, SEC.7.
Ind. Code § 36-1-12-2.6 — Indiana Code / Title 36 / Article 1 / Chapter 12 / Section 36-1-12-2.6
Repealed
Status: repealed

As added by P.L.329-1985, SEC.15. Repealed by P.L.82-1995, SEC.20.
Ind. Code § 36-9-13-3 — Indiana Code / Title 36 / Article 9 / Chapter 13 / Section 36-9-13-3
"Government building" defined
Status: in_force

Sec. 3. (a) As used in this chapter, "government building" means all or part of any structure used for:

(1) governmental and public activities;

(2) the detention of prisoners;

(3) hospitals; or

(4) city markets.

(b) For purposes of this chapter, "government building" includes:

(1) the land used in conjunction with such a structure; and

(2) the equipment, facilities, appurtenances, materials, and supplies that the board of directors of the building authority considers necessary or convenient to make such a structure and land suitable for use under this chapter, including:

(A) heating and air conditioning facilities;

(B) sewage disposal facilities;

(C) landscaping;

(D) walks;

(E) drives; and

(F) parking facilities.

[Pre-Local Government Recodification Citation: 19-8-4-27 part.]

As added by Acts 1981, P.L.309, SEC.86. Amended by P.L.37-1988, SEC.28.
Ind. Code § 36-1-11-16 — Indiana Code / Title 36 / Article 1 / Chapter 11 / Section 36-1-11-16
Bid, purchase, receipt, or lease of property by ineligible persons; effect of ineligibility
Status: in_force

Sec. 16. (a) This section applies to the following:

(1) A person who owes delinquent taxes, special assessments, penalties, interest, or costs directly attributable to a prior tax sale on a tract of real property listed under IC 6-1.1-24-1.

(2) A person who is an agent of the person described in subdivision (1).

(3) A person who has any of the following relationships to a person, partnership, corporation, or legal entity described in subdivision (1):

(A) A partner of a partnership.

(B) A member of a limited liability company.

(C) An officer, director, or majority stockholder of a corporation.

(D) The person who controls or directs the activities or has a majority ownership in a legal entity other than a partnership or corporation.

(b) A person subject to this section may not bid on, purchase, receive, or lease a tract that is offered in a sale, exchange, or lease under this chapter.

(c) If a person purchases, receives, or leases a tract that the person was not eligible to purchase, receive, or lease under this section, the sale, transfer, or lease of the property is void and the county retains the interest in the tract it possessed before the sale, transfer, or lease of the tract.

As added by P.L.60-1988, SEC.36. Amended by P.L.342-1989(ss), SEC.37; P.L.98-2000, SEC.18; P.L.159-2020, SEC.75.
Ind. Code § 36-8-3.5-0.1 — Indiana Code / Title 36 / Article 8 / Chapter 3.5 / Section 36-8-3.5-0.1
Application of chapter
Status: in_force

Sec. 0.1. This chapter applies to the following:

(1) A municipality or township that has a full-time paid police or fire department.

(2) A fire protection district established under IC 36-8-11.

(3) A fire protection territory established under IC 36-8-19.

As added by P.L.207-2023, SEC.2.
Ind. Code § 36-9-11-12 — Indiana Code / Title 36 / Article 9 / Chapter 11 / Section 36-9-11-12
Leases; authorization
Status: in_force

Sec. 12. A municipality may lease all or part of the property of a parking facility to others on any terms and conditions that do not adversely affect the rights of bondholders. However, a lease of real property under this section must be made in the manner prescribed by section 13 of this chapter.

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

As added by Acts 1981, P.L.309, SEC.84.
Ind. Code § 36-2-14-10 — Indiana Code / Title 36 / Article 2 / Chapter 14 / Section 36-2-14-10
Coroner's verdict and report; autopsy records; confidentiality
Status: in_force

Sec. 10. (a) After considering all the evidence relating to the death, the coroner shall determine the cause, manner, and mechanism of death and draw up and sign the coroner's verdict on the death under consideration. The coroner shall also make a written report giving an accurate description of the deceased person, the deceased person's name if it can be determined, and the amount of money and other property found with the body. The verdict and the written report are subject to inspection and copying under IC 5-14-3-3.

(b) Except as provided in subsections (c), (d), and (e), a photograph, video recording, or audio recording of an autopsy in the custody of a medical examiner is declared confidential for purposes of IC 5-14-3-4(a)(1).

(c) A surviving spouse may:

(1) view and copy a photograph or video recording; and

(2) listen to and copy an audio recording;

of the deceased spouse's autopsy. If there is no surviving spouse, the surviving parents shall have access to the records under this section. If there is no surviving spouse or parent, an adult child shall have access to the records.

(d) Upon making a written request, a unit (as defined in IC 36-1-2-23), the state, an agency of the state, the federal government, or an agency of the federal government, while in performance of their official duty, may:

(1) view and copy a photograph or video recording; and

(2) listen to and copy an audio recording;

of an autopsy. Unless otherwise required in the performance of official duties, the identity of the deceased must remain confidential.

(e) The coroner or the coroner's designee having custody of a photograph, a video recording, or an audio recording of an autopsy may use or allow the use of the photograph, video recording, or audio recording of the autopsy for case consultation with a pathologist or forensic scientist. The coroner or the coroner's designee having custody of a photograph, a video recording, or an audio recording of an autopsy may also use or allow the use of the photograph, video recording, or audio recording for training or educational purposes (as defined in IC 16-39-7.1-1.5) if all information that identifies the individual on whom the autopsy was performed is masked or removed from the photograph, video recording, or audio recording. For purposes of this subsection, information that identifies an individual consists of:

(1) the name;

(2) the address;

(3) the Social Security number;

(4) a full view of the face; or

(5) identifying marks on the body that are unrelated to the medical condition or medical status;

of the deceased individual. A coroner or coroner's designee who allows the use of autopsy information under this subsection has a duty to disclose to each person to whom the coroner or coroner's designee releases it that the information is confidential and may not be used for a purpose other than the purpose for which it was originally released. Information disclosed under this subsection is confidential. A coroner or coroner's designee who fails to disclose the confidentiality restrictions of this information commits a Class A misdemeanor.

(f) Except as provided in subsection (e), the coroner or the coroner's designee having custody of a photograph, a video, or an audio recording of an autopsy may not permit a person to:

(1) view or copy the photograph or video recording; and

(2) listen to or copy the audio recording;

of an autopsy without a court order.

(g) A court, upon a showing of good cause, may issue an order authorizing a person to:

(1) view or copy a photograph or video recording; and

(2) listen to or copy an audio recording;

of an autopsy, and may prescribe any restrictions or stipulations that the court considers appropriate.

(h) In determining good cause under subsection (g), the court shall consider:

(1) whether the disclosure is necessary for the public evaluation of governmental performance;

(2) the seriousness of the intrusion into the family's right to privacy;

(3) whether the disclosure of the photograph, video recording, or audio recording is by the least intrusive means available; and

(4) the availability of similar information in other public records, regardless of form.

(i) In all cases, the viewing, copying, listening to, or other handling of a photograph, video recording, or audio recording of an autopsy must be under the direct supervision of the coroner, or the coroner's designee, who is the custodian of the record.

(j) A surviving spouse shall be given:

(1) reasonable notice of the petition filed with the court to view or copy a photograph or video recording of an autopsy or a petition to listen to or copy an audio recording;

(2) a copy of the petition filed with the court to view or copy a photograph or video recording of an autopsy or a petition to listen to or copy an audio recording; and

(3) reasonable notice of the opportunity to be present and heard at any hearing on the matter.

(k) If there is no surviving spouse, the notice under subsection (j) must be given to the deceased's parents, and if the deceased has no living parent, the notice must be given to the adult children of the deceased.

(l) A coroner or coroner's designee who:

(1) is the custodian of a photograph, a video recording, or an audio recording of an autopsy; and

(2) knowingly or intentionally violates this section;

commits a Class A misdemeanor.

(m) A person who knowingly or intentionally violates a court order issued under this section commits a Class A misdemeanor.

(n) A person who:

(1) receives autopsy information under subsection (e); and

(2) knowingly or intentionally uses the information in a manner other than the specified purpose for which it was released;

commits a Class A misdemeanor.

[Pre-Local Government Recodification Citations: 17-3-17-7; 17-3-17-8 part.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.4-1994, SEC.22; P.L.271-2001, SEC.4; P.L.179-2003, SEC.6; P.L.127-2017, SEC.97; P.L.75-2026, SEC.7.
Ind. Code § 36-7-14.5-12 — Indiana Code / Title 36 / Article 7 / Chapter 14.5 / Section 36-7-14.5-12
Powers and duties of authority; dissolution of authority
Status: in_force

Sec. 12. (a) In order to accomplish the purposes set forth in section 11(a) of this chapter, the authority may do the following:

(1) Finance, improve, construct, reconstruct, renovate, purchase, lease, acquire, or equip local public improvements.

(2) Lease those local public improvements to the commission.

(3) Sue, be sued, plead, or be impleaded, but all actions against the authority must be brought in the circuit or superior court of the county in which the authority is located.

(4) Condemn, appropriate, lease, rent, purchase, or hold any real or personal property needed or considered useful in connection with local public improvements.

(5) Acquire real or personal property by gift, devise, or bequest and hold, use, or dispose of that property for the purposes authorized by this chapter.

(6) Enter upon any lots or lands for the purpose of surveying or examining them to determine the location of a local public improvement.

(7) Design, order, contract for, or construct, reconstruct, or renovate any local public improvements or improvements thereto.

(8) Employ managers, superintendents, architects, engineers, attorneys, auditors, clerks, construction managers, or other employees necessary for construction of local public improvements or improvements to them.

(9) Make and enter into all contracts or agreements necessary or incidental to the performance of its duties or the execution of its powers under this chapter.

(10) Take any other action necessary to implement the authority's purposes as set forth in section 11(a) of this chapter.

(b) Whenever the board determines that:

(1) the purposes for which the authority was formed have been substantially fulfilled; and

(2) all bonds issued and all other obligations incurred by the authority have been fully paid or satisfied or provision for the payment of the bonds and obligations has been made in accordance with the terms of the resolution or trust indenture securing them;

the board may declare the authority dissolved. On the effective date of the resolution of dissolution, the title to all funds and other property owned by the authority at the time of the dissolution vests in the commission on behalf of the unit creating the commission. However, if the commission is not in existence, the title vests in the unit.

As added by P.L.380-1987(ss), SEC.18. Amended by P.L.26-1993, SEC.5.
Ind. Code § 36-10-3-38 — Indiana Code / Title 36 / Article 10 / Chapter 3 / Section 36-10-3-38
Application of section; annexed territory; levy for park and recreational purposes; semiannual transfers in certain circumstances
Status: in_force

Sec. 38. (a) This section applies in a county having a population of more than three hundred fifty thousand (350,000) and less than four hundred thousand (400,000).

(b) This section applies only if a municipality annexes or has annexed territory that is part of a district under this chapter after June 1, 1976.

(c) Any annexed territory that is in the district before the effective date of the annexation ordinance remains a part of the district, and the property in the annexed territory is subject to the same levy for park and recreational purposes as other property within the district. The annexing municipality may not impose an additional levy on the property in the annexed territory for park and recreational purposes.

(d) Notwithstanding subsection (c), the district's fiscal officer shall semiannually transfer to the annexing municipality's department one-half (1/2) of the property tax revenue attributable to property taxes imposed by the district on property that is within the annexed territory and that was annexed after June 1, 1976, and before March 4, 1988.

(e) The fiscal officer for a district shall make the transfer required under subsection (d) on June 1 and December 1 of each calendar year beginning after December 31, 2018.

[Pre-Local Government Recodification Citation: 18-5-10-28.5.]

As added by Acts 1981, P.L.309, SEC.110. Amended by P.L.56-1988, SEC.15; P.L.12-1992, SEC.190; P.L.212-2018(ss), SEC.33; P.L.104-2022, SEC.217.
Ind. Code § 36-10-4-1 — Indiana Code / Title 36 / Article 10 / Chapter 4 / Section 36-10-4-1
Application of chapter
Status: in_force

Sec. 1. (a) This chapter applies to each second class city in which the legislative body has adopted all or part of this chapter by ordinance.

(b) This chapter applies to each third class city in which the legislative body has adopted all or part of this chapter by ordinance.

(c) In addition, in a consolidated city sections 9(a) and 12 through 40 of this chapter apply to the department of parks and recreation and the board of parks and recreation, subject to IC 36-3-4-23.

[Pre-Local Government Recodification Citations: subsection (a) formerly 19-7-12-1 part; subsection (b) formerly 19-7-7-1 part; subsection (c) formerly 19-7-9-1 part; subsection (d) formerly 19-7-30-1 part; 18-4-13-2 part; 18-4-13-3 part; subsection (e) formerly 19-7-7-1 part.]

As added by Acts 1981, P.L.309, SEC.111. Amended by Acts 1981, P.L.320, SEC.10; Acts 1982, P.L.33, SEC.48.
Ind. Code § 36-3-4-0.1 — Indiana Code / Title 36 / Article 3 / Chapter 4 / Section 36-3-4-0.1
Application of certain amendments to chapter
Status: in_force

Sec. 0.1. The amendments made to sections 12 and 14 of this chapter by P.L.335-1985 do not affect a proposal initiated before September 1, 1986, to amend, repeal, or otherwise change a comprehensive plan or zoning ordinance under IC 36-7-4. Such a proposal may be considered, adopted, and approved under the statutes in effect before September 1, 1986, as if P.L.335-1985 had not been enacted.

As added by P.L.220-2011, SEC.648.
Ind. Code § 36-8-7-25 — Indiana Code / Title 36 / Article 8 / Chapter 7 / Section 36-8-7-25
Items excluded when computing benefits; liability for overpayment
Status: in_force

Sec. 25. (a) Remuneration or allowances for fringe benefits, incentive pay, holiday pay, insurance, clothing, automobiles, firearms, education, overtime, or compensatory time off may not be used in the computation of benefits under this chapter.

(b) If the remuneration or allowances described in subsection (a) were used to compute benefits for a recipient who began receiving benefits before May 2, 1977, this computation may continue only for that recipient and only during the eligibility period for benefits. The unit and the official involved are not liable for making the overpayment, and a recipient is not required to repay the overpayment.

[Pre-Local Government Recodification Citations: subsection (a) formerly 19-1-46-1 part; subsection (b) formerly 19-1-46-2 part.]

As added by Acts 1981, P.L.309, SEC.57.
Ind. Code § 36-9-27-111 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-111
Time for filing documents; extensions
Status: in_force

Sec. 111. Whenever the last day for filing any document under this chapter falls on a legal holiday, the time for the filing shall be extended to the next day that is not a legal holiday.

[Pre-Local Government Recodification Citation: 19-4-1-12 part.]

As added by Acts 1981, P.L.309, SEC.101.
Ind. Code § 36-5-1-1 — Indiana Code / Title 36 / Article 5 / Chapter 1 / Section 36-5-1-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to all towns except an included town (as defined in IC 36-3-1-7).

[Local Government Recodification Citation: New.]

As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.5-1989, SEC.105.
Ind. Code § 36-3-5.5-5 — Indiana Code / Title 36 / Article 3 / Chapter 5.5 / Section 36-3-5.5-5
Individual appointed to fill a vacancy
Status: in_force

Sec. 5. This section applies only to an individual appointed to fill a vacancy in an office described in section 1 of this chapter. An individual described in this section may, but is not required to, take training courses required by section 2 of this chapter. If an individual described in this section takes a training course required by section 2 of this chapter for an office described in section 1 of this chapter, the consolidated city shall pay for the training course as if the individual had been appointed to an office described in section 1 of this chapter.

As added by P.L.257-2019, SEC.110.
Ind. Code § 36-8-3-16 — Indiana Code / Title 36 / Article 8 / Chapter 3 / Section 36-8-3-16
Destruction of burning buildings; recovery of damages
Status: in_force

Sec. 16. If a building in the city is on fire, or if a building adjacent to it is liable to take or convey fire to other buildings and cause great destruction of property, the fire chief, or the fire chief's assistant acting as chief with the concurrence of the executive or of the safety board, may take down, blow up, or destroy the building or buildings. An action may not be maintained against a person for this action, but the owner of such a building may, in a civil action, recover damages from the city for its destruction.

[Pre-Local Government Recodification Citation: 18-1-11-14.]

As added by Acts 1981, P.L.309, SEC.52. Amended by P.L.127-2017, SEC.224.
Ind. Code § 36-7-4-1610 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1610
Review of issue not previously raised
Status: in_force

Sec. 1610. A person may obtain judicial review of an issue that was not raised before the board, only to the extent that:

(1) the issue concerns whether a person who was required to be notified by this chapter or other law of a board hearing was notified in substantial compliance with this chapter or other law; or

(2) the interests of justice would be served by judicial resolution of an issue arising from a change in controlling law occurring after the zoning decision.

As added by P.L.126-2011, SEC.57.
Ind. Code § 36-9-11.1-7 — Indiana Code / Title 36 / Article 9 / Chapter 11.1 / Section 36-9-11.1-7
Approval of resolution and plans; acquisition of site
Status: in_force

Sec. 7. (a) Upon the adoption of the declaratory resolution by the board, the resolution, together with the supporting data, shall be submitted to the metropolitan development commission. The commission may determine whether the declaratory resolution and the proposed parking facility improvement plan conform to all zoning ordinances of the consolidated city, and approve as adopted, modify, or disapprove the resolution and proposed parking facility. The declaratory resolution and the proposed plan of improvement may be amended or modified in order to conform them to the requirements of the commission.

(b) The administrator of buildings of the city must then examine and approve the plans and specifications of any structures so proposed to be erected. The board shall then submit the proceedings to the city executive for the city executive's approval and may not proceed with the acquisition of the proposed site until the approving orders of the executive, the commission, and the building administrator are issued. In determining the location and character of any proposed parking facility, the board and commission shall consider traffic conditions, the effect of the proposed parking facility on surrounding property, and any unusual hardship to those interested in the property.

As added by Acts 1982, P.L.77, SEC.13. Amended by P.L.127-2017, SEC.297.
Ind. Code § 36-7-5.1-26 — Indiana Code / Title 36 / Article 7 / Chapter 5.1 / Section 36-7-5.1-26
Variances
Status: in_force

Sec. 26. Notwithstanding IC 36-7-4-918.4, the joint district board of zoning appeals may not grant a variance of use from the terms of the applicable zoning ordinance.

As added by P.L.300-1989, SEC.2.
Ind. Code § 36-9-13-34 — Indiana Code / Title 36 / Article 9 / Chapter 13 / Section 36-9-13-34
Tax levy to pay lease rentals
Status: in_force

Sec. 34. (a) Except as provided by subsection (d), an eligible entity that executes a lease under this chapter shall annually levy a tax sufficient to produce each year the necessary money with which to pay the lease rental required by the lease. These levies may be reviewed by other bodies vested by law with that authority, in order to determine that the levies are sufficient to raise the amount required to meet the rental under the lease.

(b) The first tax levy shall be made at the first annual tax levy period following the date of the execution of the lease. However, if the lease was entered into in anticipation of the purchase of land, construction or purchase of a government building, or acquisition of a system, the first tax levy shall be made at the first annual tax levy period immediately before the date fixed in the lease for the beginning of the lease rental. The first annual levy shall be made in an amount sufficient to pay the estimated amount of the first annual lease rental to be made under the lease.

(c) The annual lease rental shall be paid to the authority semiannally, following settlements for tax collections.

(d) If a consolidated city executes a lease agreement for all or part of any land, government building, or system, and its use and benefit is for a certain special service district within the consolidated city, the authority may determine that the annual tax required under subsection (a) shall be levied by the special service district benefited by the lease agreement.

[Pre-Local Government Recodification Citation: 19-8-4-23.]

As added by Acts 1981, P.L.309, SEC.86. Amended by P.L.37-1988, SEC.40.
Ind. Code § 36-1-10.5-4 — Indiana Code / Title 36 / Article 1 / Chapter 10.5 / Section 36-1-10.5-4
"Structure" defined
Status: in_force

Sec. 4. As used in this chapter, "structure" means:

(1) a building used in connection with the operation of a political subdivision; or

(2) a parking facility.

The term includes the site, equipment, and appurtenances to the building or parking facility.

As added by P.L.336-1987, SEC.1.
Ind. Code § 36-7.5-4-15 — Indiana Code / Title 36 / Article 7.5 / Chapter 4 / Section 36-7.5-4-15
Bonds; contesting validity
Status: in_force

Sec. 15. An action to contest the validity of bonds to be issued under this chapter may not be brought after the time limitations set forth in IC 5-1-14-13.

As added by P.L.214-2005, SEC.73.
Ind. Code § 36-12-2-17 — Indiana Code / Title 36 / Article 12 / Chapter 2 / Section 36-12-2-17
Additional members of county contractual library board; appointments
Status: in_force

Sec. 17. The four (4) additional members of a county contractual library board required by IC 36-12-6-2 shall be appointed as follows:

(1) Two (2) members appointed by the executive of the county in which the county contractual library district is located.

(2) Two (2) members appointed by the county auditor of the county in which the library district is located.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-2.5-11.]

As added by P.L.1-2005, SEC.49. Amended by P.L.233-2015, SEC.347.
Ind. Code § 36-9-38-16 — Indiana Code / Title 36 / Article 9 / Chapter 38 / Section 36-9-38-16
Hearing; determination that petition includes property not specially benefited; further proceedings
Status: in_force

Sec. 16. (a) If the works board determines that property not specially benefited or damaged has been included within boundaries described in the petition, the works board shall do the following:

(1) Redefine the boundaries of the district and include in the works board's resolution only the property that is specially benefited or damaged.

(2) Establish the district with the boundaries as redefined.

(b) The works board shall fix a date for a further hearing if the works board determines that:

(1) less than all of the property specially benefited or damaged has been included within the boundaries described in the petition; or

(2) less than all of the property specially benefited or damaged has been included within the boundaries described in the petition and some property that is not specially benefited or damaged has been included.

(c) Notice of the further hearing, describing the proposed revised boundaries, shall be given in the manner prescribed by section 13 of this chapter. However, notice by mail shall be given only to the owners of real property in an area that is proposed to be added to the district and that was not included in the initial petition.

(d) At the further hearing, all owners of real property within the proposed district boundaries or the owners' representatives are entitled to be heard. The works board shall then adopt a resolution on the establishment of the district.

As added by P.L.98-1993, SEC.9.
Ind. Code § 36-7-23-30 — Indiana Code / Title 36 / Article 7 / Chapter 23 / Section 36-7-23-30
Covenant not to impair taxes pledged to bonds
Status: repealed

Sec. 30. With respect to bonds for which a pledge of revenue has been made under this chapter, the general assembly convenants with the authority and the purchasers or owners of those bonds that this chapter will not be repealed or amended in any manner that will adversely affect the imposition of a tax in which revenue was the basis of the pledge as long as the principal of, or interest on, any of those bonds is unpaid.

As added by P.L.346-1989(ss), SEC.7.
Ind. Code § 36-7-15.1-36.2 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-36.2
Repealed
Status: repealed

As added by P.L.25-1995, SEC.91. Amended by P.L.4-2005, SEC.139. Repealed by P.L.53-2014, SEC.149.
Ind. Code § 36-8-10-14 — Indiana Code / Title 36 / Article 8 / Chapter 10 / Section 36-8-10-14
Death benefit program
Status: in_force

Sec. 14. (a) The department may establish and operate a death benefit program for the payment of death benefits to deceased employee beneficiaries. The department may provide these benefits by the creation of a reserve account, by obtaining group life insurance, or both. However, the department may not establish or modify a death benefit program after June 30, 1989, without the approval of the county fiscal body which shall not reduce or diminish any death benefits set forth in any death benefit program that was in effect on January 1, 1989.

(b) Benefits payable under a group life insurance policy established under subsection (a) must be in reasonable amounts. Benefits payable from a reserve account established under subsection (a) may not exceed twenty-five thousand dollars ($25,000).

[Pre-Local Government Recodification Citation: 17-3-14-12.]

As added by Acts 1981, P.L.309, SEC.61. Amended by Acts 1981, P.L.48, SEC.3; P.L.313-1989, SEC.5; P.L.168-1990, SEC.2.
Ind. Code § 36-7-11.9-4 — Indiana Code / Title 36 / Article 7 / Chapter 11.9 / Section 36-7-11.9-4
Repealed
Status: repealed

As added by P.L.20-1985, SEC.14. Repealed by P.L.25-1987, SEC.60.
Ind. Code § 36-8-12-18 — Indiana Code / Title 36 / Article 8 / Chapter 12 / Section 36-8-12-18
Confidential information; exceptions
Status: in_force

Sec. 18. (a) A volunteer fire department may declare the following records confidential for purposes of IC 5-14-3:

(1) Personnel files of members of the volunteer fire department.

(2) Files of applicants to the volunteer fire department.

However, all personnel file information shall be made available to an affected member or the member's representative.

(b) Notwithstanding subsection (a), a volunteer fire department may not declare the following information contained in files described in subsection (a) confidential:

(1) The name, compensation, job title, business address, business telephone number, job description, education and training background, previous work experience, or dates of first and last employment of present or former members of the volunteer fire department.

(2) Information relating to the status of any formal charges against a member.

(3) The factual basis for a disciplinary action in which final action has been taken and that resulted in the member being suspended, demoted, or discharged.

(c) This section does not apply to disclosure of personnel information generally on all members or for groups of members without the request being particularized by member name.

As added by P.L.101-2006, SEC.38.
Ind. Code § 36-12-10-13 — Indiana Code / Title 36 / Article 12 / Chapter 10 / Section 36-12-10-13
Tax levy to pay lease rentals
Status: in_force

Sec. 13. A municipal corporation that executes a lease under this chapter shall annually levy a special tax, in addition to other taxes authorized by law, sufficient to produce each year the necessary funds with which to pay the lease rental stipulated to be paid by the municipal corporation under the lease. A levy under this section shall be reviewed in accordance with IC 6-1.1-17. The first tax levy shall be made at the first annual tax levy period following the date of the execution of the lease. The first annual levy must be sufficient to pay the estimated amount of the first annual lease rental payment to be made under the lease.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-10-13.]

As added by P.L.1-2005, SEC.49. Amended by P.L.42-2018, SEC.58.
Ind. Code § 36-9-27-15 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-15
Jurisdiction over regulated drains
Status: in_force

Sec. 15. Each regulated drain in a county is under the jurisdiction of the board and subject to this chapter, except as otherwise provided by this chapter.

[Pre-Local Government Recodification Citation: 19-4-5-1.]

As added by Acts 1981, P.L.309, SEC.101.
Ind. Code § 36-9-33-5 — Indiana Code / Title 36 / Article 9 / Chapter 33 / Section 36-9-33-5
Territorial limitation for counties
Status: in_force

Sec. 5. A county may not exercise a power granted by this chapter inside the boundaries of any municipality in that county without the consent of that municipality's legislative body.

As added by P.L.353-1985, SEC.2.
Ind. Code § 36-7-11.3-33 — Indiana Code / Title 36 / Article 7 / Chapter 11.3 / Section 36-7-11.3-33
Temporary orders
Status: in_force

Sec. 33. (a) If the commission determines affirmatively a matter conditioned upon:

(1) the observance by a person of a restriction or limitation; or

(2) the commitment made by or the undertaking of a person;

the commission shall, not later than ten (10) days after the vote determining the matter conditionally, enter a temporary order setting forth the restriction, limitation, commitment, or undertaking.

(b) The commission shall enter a final order approving the petition upon and after a hearing at which the petitioner must satisfy the commission that the restriction, limitation, commitment, or undertaking has been formalized so that an interested party may enforce the restriction, limitation, commitment, or undertaking in a private action.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-9(d).]

As added by P.L.1-1995, SEC.84.
Ind. Code § 36-7.6-2-10 — Indiana Code / Title 36 / Article 7.6 / Chapter 2 / Section 36-7.6-2-10
Officers
Status: in_force

Sec. 10. (a) In January of each year, a development board shall hold an organizational meeting at which the development board shall elect the following officers from the members of the development board:

(1) A chair.

(2) A vice chair.

(3) A secretary-treasurer.

(b) The affirmative vote of at least a majority of the appointed members of a development board is necessary to elect an officer under subsection (a).

(c) An officer elected under subsection (a) serves from the date of the officer's election until the officer's successor is elected and qualified.

As added by P.L.232-2007, SEC.7.
Ind. Code § 36-2-16-5 — Indiana Code / Title 36 / Article 2 / Chapter 16 / Section 36-2-16-5
County surveyor authorized to appoint chief or other deputies and employees; bridge engineer; field notes
Status: in_force

Sec. 5. (a) The county surveyor may appoint one (1) first or chief deputy, if authorized by the county fiscal body, and also may appoint the number of other full-time or part-time deputies and employees authorized by the county fiscal body.

(b) The surveyor of a county having a population of one hundred sixty-five thousand (165,000) or more may appoint a registered professional civil engineer as bridge engineer.

(c) If a deputy surveyor takes field notes, the deputy surveyor shall return them to the county surveyor within sixty (60) days.

[Pre-Local Government Recodification Citations: 17-3-58-3 part; 17-3-60-1; 17-3-71-2 part.]

As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1981, P.L.11, SEC.155; P.L.154-1993, SEC.2; P.L.127-2017, SEC.101.
Ind. Code § 36-1-2-9.5 — Indiana Code / Title 36 / Article 1 / Chapter 2 / Section 36-1-2-9.5
"Materials"
Status: in_force

Sec. 9.5. "Materials" means supplies, goods, machinery, packaged software, and equipment.

As added by P.L.329-1985, SEC.2.
Ind. Code § 36-8-8-9 — Indiana Code / Title 36 / Article 8 / Chapter 8 / Section 36-8-8-9
Conversion from prior fund
Status: repealed

Sec. 9. (a) This section applies to all police officers and firefighters who converted their benefits under IC 19-1-17.8-7 or IC 19-1-36.5-7 (both of which were repealed September 1, 1981).

(b) A police officer or firefighter who converted the police officer's or firefighter's benefits from a 1925, 1937, or 1953 fund to the benefits and conditions of this chapter is not entitled to receive any benefits from the original fund. However, the police officer or firefighter is entitled to credit for all years of service for which the police officer or firefighter would have received credit before the police officer's or firefighter's conversion in that original fund.

(c) A police officer or firefighter who:

(1) converted the police officer's or firefighter's benefits from a 1925, 1937, or 1953 fund;

(2) retired or became disabled on or before June 30, 1998; and

(3) is entitled to receive benefits provided under this chapter based on the eligibility requirements of this chapter;

shall be treated as a member of this fund for purposes of paying the police officer's or firefighter's benefits from the 1977 fund effective for benefits paid on or after October 1, 1998. Prior to October 1, 1998, the police officer or firefighter remains a member of the original fund entitled to receive only the benefits provided under this chapter based on the eligibility requirements of this chapter.

(d) A police officer or firefighter who:

(1) converted the police officer's or firefighter's benefits from a 1925, 1937 or 1953 fund;

(2) who did not retire or become disabled on or before June 30, 1998; and

(3) who is entitled to receive benefits provided under this chapter based on the eligibility requirements of this chapter;

remains a member of that original fund but is entitled to receive only the benefits provided under this chapter and based on the eligibility requirements of this chapter.

(e) A police officer or firefighter who converted shall contribute six percent (6%) of the salary of a first class patrolman or firefighter to the 1925, 1937, or 1953 fund. This amount shall be deducted from the police officer's or firefighter's salary each pay period by the disbursing officer of the employer. Contributions under this subsection may not be refunded.

[Pre-Local Government Recodification Citations: 19-1-17.8-7 part; 19-1-36.5-7 part.]

As added by Acts 1981, P.L.309, SEC.59. Amended by P.L.3-1990, SEC.134; P.L.22-1998, SEC.18; P.L.127-2017, SEC.260.
Ind. Code § 36-7.5-4-19 — Indiana Code / Title 36 / Article 7.5 / Chapter 4 / Section 36-7.5-4-19
Obligations legalized and validated
Status: in_force

Sec. 19. (a) All bonds, notes, evidences of indebtedness, leases, or other written obligations issued or executed by or in the name of the development authority under this chapter before April 30, 2019, are hereby legalized and declared valid.

(b) Any pledge, dedication or designation of revenues securing the bonds, notes, evidences of indebtedness, leases, or other written obligations issued or executed by or in the name of the development authority under this chapter before April 30, 2019, are hereby legalized and declared valid.

(c) The:

(1) financing plan for the West Lake project (as described in IC 36-7.5-1-13.5) submitted to the United States Department of Transportation and the Federal Transit Administration; and

(2) governance agreement between the development authority, the Indiana finance authority, and a commuter transportation district are hereby legalized and declared valid.

(d) Any resolutions adopted, proceedings had, and actions taken under this chapter by the development authority before April 30, 2019, under which the bonds, notes, evidences of indebtedness, leases, or other written obligations were or will be issued or under which the pledge or dedication or designation of revenues was or will be granted, are hereby legalized and declared valid.

As added by P.L.259-2019, SEC.15.
Ind. Code § 36-7-30.5-33 — Indiana Code / Title 36 / Article 7 / Chapter 30.5 / Section 36-7-30.5-33
Utility services
Status: in_force

Sec. 33. Notwithstanding any other law, utility services provided within the military base development district are subject to regulation by the appropriate regulatory agencies unless the utility service is provided by a utility that provides utility service solely within the geographic boundaries of an existing or a closed military installation by a utility facility in existence and operating on July 1, 1995, in which case the utility service is not subject to regulation for purposes of rate making, regulation, service delivery, or issuance of bonds or other forms of indebtedness. However, this exemption from regulation does not apply to utility service if the service is generated, treated, or produced outside the boundaries of the existing or closed military installation.

As added by P.L.203-2005, SEC.11.
Ind. Code § 36-1.5-4.1-9 — Indiana Code / Title 36 / Article 1.5 / Chapter 4.1 / Section 36-1.5-4.1-9
"Township services"
Status: in_force

Sec. 9. As used in this chapter, "township services" means the following:

(1) Township assistance under IC 12-20 and IC 12-30-4.

(2) Provision of insulin to the poor under IC 12-20-16.

(3) Fire protection services under IC 36-8.

(4) Fence viewing under IC 32-26.

(5) Provision and maintenance of cemeteries under IC 23-14.

(6) Provision and maintenance of township parks and community centers under IC 36-10.

(7) Destruction of detrimental plants, noxious weeds, and rank vegetation under IC 15-16-8.

(8) Any other services required by statute to be provided by a township.

As added by P.L.134-2026, SEC.3.
Ind. Code § 36-7-4-700 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-700
700 Series—Subdivision control
Status: in_force

Sec. 700. This series (sections 700 through 799 of this chapter) may be cited as follows: 700 SERIES─SUBDIVISION CONTROL.

[Local Government Recodification Citation: New.]

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1982, P.L.211, SEC.4.
Ind. Code § 36-3-4-17 — Indiana Code / Title 36 / Article 3 / Chapter 4 / Section 36-3-4-17
Recording of adopted ordinance
Status: in_force

Sec. 17. Within a reasonable time after an ordinance of the legislative body is adopted, the clerk shall record it in a book kept for that purpose. The record must include:

(1) the signature of the presiding officer;

(2) the attestation of the clerk;

(3) the executive's approval or veto of the ordinance;

(4) if applicable, a memorandum of the passage of the ordinance over the veto; and

(5) the date of each recorded item.

The record or a certified copy of it constitutes presumptive evidence of the adoption of the ordinance.

[Pre-Local Government Recodification Citation: 18-4-5-2(h) part.]

As added by Acts 1980, P.L.212, SEC.2.
Ind. Code § 36-7-11.1-11 — Indiana Code / Title 36 / Article 7 / Chapter 11.1 / Section 36-7-11.1-11
Hearing officer; powers and duties
Status: in_force

Sec. 11. (a) A hearing officer designated by the commission may conduct the public hearing provided for in this chapter on applications for a certificate of appropriateness. The commission may limit by rule or resolution the applications that a hearing officer may hear and determine.

(b) The hearing officer shall hold a public hearing under the same notice and procedural requirements as are applicable to a hearing before the commission. After the hearing on an application for a certificate of appropriateness, the hearing officer shall make a determination.

(c) The hearing officer may not issue a certificate of authorization.

(d) The hearing officer shall set forth the reasons for the determination and may impose conditions in accordance with section 10 of this chapter.

(e) The commission shall provide reasonable opportunity by rules for the applicant, any commission member, the administrator, or any interested person to file exceptions to the determination of the hearing officer. If an exception is properly filed, the commission shall hold a de novo hearing and make a determination. If such an exception is not filed, the determination of the hearing officer constitutes the final decision of the commission.

As added by Acts 1982, P.L.77, SEC.6.
Ind. Code § 36-1.5-4-44 — Indiana Code / Title 36 / Article 1.5 / Chapter 4 / Section 36-1.5-4-44
Reorganized political subdivision
Status: in_force

Sec. 44. (a) A reorganized political subdivision consisting of:

(1) two (2) or more townships; and

(2) at least one (1) municipality;

that has reorganized under this article may exercise park and recreation powers under IC 36-10 if the reorganized political subdivision's plan of reorganization authorizes the reorganized political subdivision to exercise those powers.

(b) If a reorganized political subdivision's plan of reorganization authorizes the reorganized political subdivision to exercise park and recreation powers under IC 36-10, the reorganized political subdivision may establish a park and recreation board.

(c) A park and recreation board established by a reorganized political subdivision under this section:

(1) shall exercise park and recreation functions within the reorganized political subdivision; and

(2) has the powers and duties of both a municipal park and recreation board and a township park and recreation board under IC 36-10.

(d) A reorganized political subdivision may by resolution or in the reorganized political subdivision's plan of reorganization determine:

(1) the number of members to be appointed to the reorganized political subdivision's park and recreation board;

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

(3) any required qualifications for those members; and

(4) the terms of those members.

As added by P.L.202-2013, SEC.25.
Ind. Code § 36-9-27.2-1 — Indiana Code / Title 36 / Article 9 / Chapter 27.2 / Section 36-9-27.2-1
"Advisory board"
Status: in_force

Sec. 1. As used in this chapter, "advisory board" refers to the Indiana Drainage Handbook advisory board.

As added by P.L.105-2024, SEC.6.
Ind. Code § 36-8-10.5-1 — Indiana Code / Title 36 / Article 8 / Chapter 10.5 / Section 36-8-10.5-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to:

(1) all full-time firefighters hired or rehired after January 1, 1988; and

(2) all volunteer firefighters elected or appointed to membership in a volunteer fire department after January 1, 1988.

As added by P.L.49-1987, SEC.2. Amended by P.L.1-1999, SEC.84.
Ind. Code § 36-8-13.5-4 — Indiana Code / Title 36 / Article 8 / Chapter 13.5 / Section 36-8-13.5-4
Member residency
Status: in_force

Sec. 4. A member of a township fire department (as defined in IC 36-8-2.2-3) is not subject to residency requirements but must:

(1) have adequate means of transportation into the jurisdiction served by the member's township fire department; and

(2) maintain telephone service to communicate with the township fire department.

As added by P.L.65-2008, SEC.4. Amended by P.L.171-2019, SEC.14; P.L.122-2023, SEC.33.
Ind. Code § 36-9-36-61 — Indiana Code / Title 36 / Article 9 / Chapter 36 / Section 36-9-36-61
Disposition of foreclosure proceeds contrary to chapter
Status: in_force

Sec. 61. (a) A person who disposes of the proceeds of foreclosure litigation in a way other than as provided by this chapter is considered to be a receiver for those entitled to the proceeds.

(b) In such instances the statute of limitations does not apply.

As added by P.L.98-1993, SEC.7.
Ind. Code § 36-7-32.5-13 — Indiana Code / Title 36 / Article 7 / Chapter 32.5 / Section 36-7-32.5-13
Allocation area designation
Status: in_force

Sec. 13. If an innovation development district is designated, each executive shall designate the innovation development district as an allocation area for purposes of the allocation and distribution of property taxes. Not later than August 1 of the calendar year immediately following the designation, each executive shall:

(1) set the base assessed value of the allocation area; and

(2) provide notice of the designation and notice of the base assessed value;

to the county auditor, the department of local government finance, and to each taxing unit that has authority to levy property taxes in the geographic area where the innovation development district is located. The notice must state the general boundaries of the innovation development district and include the mailing address of all parcels to be included within the innovation development district.

As added by P.L.135-2022, SEC.28. Amended by P.L.213-2025, SEC.313.
Ind. Code § 36-7-4.2-5 — Indiana Code / Title 36 / Article 7 / Chapter 4.2 / Section 36-7-4.2-5
"Permitted use"
Status: in_force

Sec. 5. As used in this chapter, "permitted use" means a use that is approved by a unit in a zoning district without the requirement of:

(1) a public hearing;

(2) a variance, special exception, contingent use, or conditional use; or

(3) other discretionary zoning action, other than a determination that a site plan conforms with applicable zoning regulations.

As added by P.L.117-2026, SEC.3.
Ind. Code § 36-9-38-23.5 — Indiana Code / Title 36 / Article 9 / Chapter 38 / Section 36-9-38-23.5
Assessments; installment payments
Status: in_force

Sec. 23.5. (a) With respect to assessments imposed after June 30, 2001, the works board shall establish a procedure to permit owners of real property in the improvement district to elect whether to pay assessments in:

(1) one (1), five (5), ten (10), fifteen (15), or twenty (20) annual installments; or

(2) a number of monthly installments that corresponds to one (1), five (5), ten (10), fifteen (15), or twenty (20) installments.

(b) The works board shall establish the timing of the election under subsection (a) to permit the works board to structure the maturities of the principal of the bonds in a number of annual series that is consistent with the installment periods elected by owners of real property under subsection (a).

As added by P.L.62-2001, SEC.8.
Ind. Code § 36-6-6-12 — Indiana Code / Title 36 / Article 6 / Chapter 6 / Section 36-6-6-12
Membership of township in county, state, or national associations; appropriations; expenses
Status: in_force

Sec. 12. (a) The legislative body may appropriate money for membership of the township in county, state, or national associations that:

(1) are of a civic, educational, or governmental nature; and

(2) have as a purpose the improvement of township governmental operations.

The township representatives may participate in the activities of these associations, and the legislative body may appropriate money to defray the expenses of township representatives in connection with these activities.

(b) Each representative of the township attending any meeting, conference, seminar, or convention approved by the township trustee shall be allowed reimbursement for all necessary and legitimate expenses incurred while representing the township. Expenses shall be paid to each representative in accordance with the township's reimbursement policy, which may include an established per diem rate, as recommended by the township trustee and adopted by the township legislative body.

[Pre-Local Government Recodification Citation: 17-4-35-1.]

As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.303-1989, SEC.1; P.L.98-2000, SEC.26.
Ind. Code § 36-10-12-2 — Indiana Code / Title 36 / Article 10 / Chapter 12 / Section 36-10-12-2
"Children's museum"
Status: in_force

Sec. 2. As used in this chapter, "children's museum" means a museum located in a county containing a consolidated city, if the museum is:

(1) incorporated under the Indiana law without stock and without purpose of gain to the museum's members; and

(2) organized to maintain in the county a permanent museum containing objects and items:

(A) of interest primarily to children; and

(B) for the encouragement and education of children.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-17-1.]

As added by P.L.1-2005, SEC.47.
Ind. Code § 36-7-33-4 — Indiana Code / Title 36 / Article 7 / Chapter 33 / Section 36-7-33-4
Establishment of authority to develop, manage, and plan for use of property transferred to municipality
Status: reserved

Sec. 4. The legislative body of a municipality may adopt an ordinance to establish an authority to develop, manage, and plan for the use of property transferred by the state to the municipality.

As added by P.L.89-2004, SEC.1.
Ind. Code § 36-7-13-5 — Indiana Code / Title 36 / Article 7 / Chapter 13 / Section 36-7-13-5
Advisory commission on industrial development; creation; membership; duties
Status: in_force

Sec. 5. (a) In order to coordinate the efforts of the unit and any private industrial development committee in the community, an advisory commission on industrial development shall be appointed by the unit's executive.

(b) Except as provided in subsection (d), the commission shall be composed of six (6) members, including at least one (1) representative of the unit's government, at least one (1) representative of the local industrial development committee, at least one (1) representative of a local banking institution, at least one (1) representative of a local utility company, and at least one (1) representative of organized labor from the building trades. A member of the commission may represent more than one (1) of the organizations enumerated.

(c) The unit's legislative body shall request the commission's recommendations. The legislative body may not conduct any business requiring expenditures from the industrial development fund or make any sale or lease of property acquired by the unit under this chapter without the approval, in writing, of a majority of the members of the commission.

(d) In addition to the members described in subsection (b), if the executive of a unit has submitted a petition to a commission under section 10 of this chapter or if the legislative body of a county or municipality has adopted an ordinance designating a district under section 10.5 of this chapter, the following persons are members of the commission:

(1) A member appointed by the governor.

(2) A member appointed by the lieutenant governor.

(3) A member appointed by the director of the department of workforce development.

[Pre-Local Government Recodification Citation: 18-7-14-6.]

As added by Acts 1981, P.L.309, SEC.32. Amended by Acts 1981, P.L.310, SEC.78; P.L.262-1993, SEC.4; P.L.1-1994, SEC.175; P.L.125-1998, SEC.12; P.L.174-2001, SEC.4.
Ind. Code § 36-1.5-4-35 — Indiana Code / Title 36 / Article 1.5 / Chapter 4 / Section 36-1.5-4-35
Appointment of town precinct boards
Status: in_force

Sec. 35. (a) This section applies to an initial election:

(1) of the members of a governing body or officers that are elected by the voters for a reorganized political subdivision that:

(A) is a town; and

(B) has town boundaries that encompass part of another town that was part of the reorganization;

(2) that is conducted before the reorganization takes effect; and

(3) to which IC 3-10-7-1 applies.

(b) The members of each precinct board shall be jointly appointed by the town election boards of each of the reorganizing political subdivisions.

As added by P.L.186-2006, SEC.4.
Ind. Code § 36-1-10-22 — Indiana Code / Title 36 / Article 1 / Chapter 10 / Section 36-1-10-22
Certain leases legalized and validated
Status: in_force

Sec. 22. (a) This section applies only to a lease that meets all of the following:

(1) The lease was entered into before January 1, 2019.

(2) The total annual cost of the lease is less than two hundred fifty thousand dollars ($250,000).

(3) Any one (1) of the following applies:

(A) The leasing agent did not comply with section 7(a) of this chapter (as in effect before January 1, 2019) before the lease was entered into.

(B) The leasing agent did not comply with section 14 of this chapter (as in effect before January 1, 2019) before the lease was entered into.

(C) The leasing agent did not comply with both section 7(a) of this chapter (as in effect before January 1, 2019) and section 14 of this chapter (as in effect before January 1, 2019) before the lease was entered into.

(b) A lease described in subsection (a) is valid, notwithstanding the failure of the leasing agent to comply with section 7(a) of this chapter (as in effect before January 1, 2019), section 14 of this chapter (as in effect before January 1, 2019), or both section 7(a) of this chapter (as in effect before January 1, 2019) and section 14 of this chapter (as in effect before January 1, 2019) before the lease was entered into.

(c) This section does not validate a lease described in subsection (a) for failures to comply with statutory requirements other than those set forth in section 7(a) of this chapter (as in effect before January 1, 2019) and section 14 of this chapter (as in effect before January 1, 2019).

As added by P.L.257-2019, SEC.98.
Ind. Code § 36-9-4-55 — Indiana Code / Title 36 / Article 9 / Chapter 4 / Section 36-9-4-55
Interlocal cooperation agreements; authorization
Status: in_force

Sec. 55. Whenever the same urban mass transportation system operates on regularly scheduled routes within two (2) or more municipalities, the legislative bodies of those municipalities may enter into an interlocal cooperation agreement under IC 36-1-7 for the purpose of implementing this chapter upon mutually agreeable terms and conditions. The legislative bodies of the municipalities may adopt a joint ordinance establishing a public transportation corporation encompassing:

(1) the municipalities; and

(2) their suburban territory, as defined in IC 36-9-1-9.

[Pre-Local Government Recodification Citation: 19-5-2-33.]

As added by Acts 1981, P.L.309, SEC.77.
Ind. Code § 36-10-3-4 — Indiana Code / Title 36 / Article 10 / Chapter 3 / Section 36-10-3-4
Municipal parks and recreation board; members; appointing authorities
Status: in_force

Sec. 4. (a) This subsection applies only in a third class city. A city board consists of four (4) members to be appointed by the city executive. The members shall be appointed on the basis of their interest in and knowledge of parks and recreation. In addition, the creating ordinance may provide for one (1) or two (2) additional members, those being:

(1) a member selected by the governing body of the school corporation who is:

(A) a member of the governing body of the school corporation, serving ex officio; or

(B) an individual who resides in the school corporation;

(2) a member selected by the governing body of the library district who is:

(A) a member of the governing body of the library district, serving ex officio; or

(B) an individual who resides in the library district; or

(3) individuals under both subdivisions (1) and (2).

(b) This subsection applies in a county containing a consolidated city and in a second class city. A city board consists of four (4) members to be appointed by the city executive. The members shall be appointed on the basis of their interest in and knowledge of parks and recreation, but no more than two (2) members may be affiliated with the same political party. In addition, the creating ordinance may provide for one (1) or two (2) additional members, those being:

(1) either:

(A) a member of the governing body of the school corporation, serving ex officio, selected by the governing body of the school corporation; or

(B) an individual who resides in the school corporation, selected by the governing body of the school corporation;

(2) a member of the governing body of the library district, serving ex officio, selected by that body; or

(3) individuals described in both subdivisions (1) and (2).

(c) A town board consists of four (4) members to be appointed by the town legislative body. The members shall be appointed on the basis of their interest in and knowledge of parks and recreation. Except as provided in section 4.1 of this chapter, not more than two (2) members may be affiliated with the same political party. Members of the board must be residents of the district. In addition, the creating ordinance may provide for one (1) or two (2) additional members, those being:

(1) a member:

(A) of the governing body of the school corporation, serving ex officio, selected by that body; or

(B) designated by the governing body of the school corporation;

(2) a member selected by the governing body of the library district who is:

(A) a member of the governing body of the library district serving ex officio; or

(B) an individual who resides in the library district; or

(3) individuals under both subdivisions (1) and (2).

(d) A county board shall be appointed as follows:

(1) Two (2) members shall be appointed by the judge of the circuit court.

(2) One (1) member shall be appointed by the county executive.

(3) Two (2) members shall be appointed by the county fiscal body.

The members appointed under subdivisions (1), (2), and (3) shall be appointed on the basis of their interest in and knowledge of parks and recreation, but no more than one (1) member appointed under subdivisions (1) and (3) may be affiliated with the same political party. In a county having at least one (1) first or second class city, the creating ordinance must provide for one (1) ex officio board member to be appointed by the executive of that city. The member appointed by the city executive must be affiliated with a different political party than the member appointed by the county executive. However, if a county has more than one (1) such city, the executives of those cities shall agree on the member. The member serves for a term coterminous with the term of the appointing executive or executives.

(e) Ex officio members have all the rights of regular members, including the right to vote. A vacancy in an ex officio position shall be filled by the appointing authority. All members serving on a county, city, or town board have the same rights, including the right to vote. A vacancy in the seat of a member shall be filled by the appointing authority.

(f) A municipal executive, a member of a county fiscal body, a member of the county executive, or a member of the municipal fiscal body may not serve on a board.

(g) The creating ordinance in any county may provide for:

(1) the county cooperative extension coordinator;

(2) the county extension educator; or

(3) a member of the county extension committee selected by the committee;

to serve as an ex officio member of the county board, in addition to the members provided for under subsection (d).

(h) The creating ordinance in a county having no first or second class cities may provide for a member of the county board to be selected by the board of supervisors of a soil and water conservation district in which a facility of the county board is located. The member selected under this subsection is in addition to the members provided for under subsections (d) and (g).

[Pre-Local Government Recodification Citations: subsection (a) formerly 19-7-4-7 part; subsection (b) formerly 19-7-4-8; subsection (c) formerly 19-7-4-7.5 part; subsections (d), (e), (f), (g) formerly 19-7-4-7 part.]

As added by Acts 1981, P.L.309, SEC.110. Amended by Acts 1981, P.L.320, SEC.1; P.L.207-1984, SEC.1; P.L.157-1991, SEC.4; P.L.40-1993, SEC.68; P.L.271-1993, SEC.1; P.L.2-1995, SEC.138; P.L.64-1998, SEC.3; P.L.128-2007, SEC.1; P.L.205-2016, SEC.2; P.L.72-2018, SEC.20; P.L.75-2019, SEC.3; P.L.133-2025, SEC.1.
Ind. Code § 36-7-32-12 — Indiana Code / Title 36 / Article 7 / Chapter 32 / Section 36-7-32-12
Agreements; governing certified technology parks
Status: in_force

Sec. 12. A redevelopment commission and the legislative body of the unit that established the redevelopment commission may enter into an agreement with the office establishing the terms and conditions governing a certified technology park designated under section 11 of this chapter. Upon designation of the certified technology park under the terms of the agreement, the subsequent failure of any party to comply with the terms of the agreement may result in the termination or rescission of the designation of the area as a certified technology park. The agreement must include the following provisions:

(1) A description of the area to be included within the certified technology park.

(2) Covenants and restrictions, if any, upon all or a part of the properties contained within the certified technology park and terms of enforcement of any covenants or restrictions.

(3) The financial commitments of any party to the agreement and of any owner or developer of property within the certified technology park.

(4) The terms of any commitment required from a postsecondary educational institution or private research based institute for support of the operations and activities within the certified technology park.

(5) The terms of enforcement of the agreement, which may include the definition of events of default, cure periods, legal and equitable remedies and rights, and penalties and damages, actual or liquidated, upon the occurrence of an event of default.

(6) The public facilities to be developed for the certified technology park and the costs of those public facilities, as approved by the office.

As added by P.L.192-2002(ss), SEC.187. Amended by P.L.4-2005, SEC.145; P.L.2-2007, SEC.389; P.L.154-2007, SEC.2; P.L.145-2025, SEC.12.
Ind. Code § 36-9-39-3 — Indiana Code / Title 36 / Article 9 / Chapter 39 / Section 36-9-39-3
Adoption of resolution; contents
Status: in_force

Sec. 3. (a) The municipal works board shall adopt a resolution containing the information required under subsection (b) if:

(1) the municipal works board orders the construction of any sewage works in the municipality; and

(2) the cost of that construction is to be assessed against property under this chapter.

(b) A resolution adopted under subsection (a) must include all of the following:

(1) A description of the works to be constructed.

(2) Full detail drawings and specifications for the works.

As added by P.L.98-1993, SEC.10.
Ind. Code § 36-7-4-1109.2 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1109.2
Application for extension of permit conditions; denial of application; written determination and findings of fact
Status: in_force

Sec. 1109.2. If:

(1) an applicant applies to a local authority for an extension of permit conditions under any circumstances; and

(2) the local authority denies the applicant's application for an extension;

the local authority shall provide the applicant written determinations and findings of fact explaining the local authority's denial of the application for an extension.

As added by P.L.202-2025, SEC.18.
Ind. Code § 36-9-27-69 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-69
Urban drains; preparation of schedule of assessments and determination of damages; notice and hearing
Status: in_force

Sec. 69. (a) After the county surveyor has filed the county surveyor's report on the construction or reconstruction of an urban drain, the county surveyor shall consult with the board, and the board may adopt or modify the designations recommended by the surveyor. The board shall then prepare a schedule of benefits, assessments, and damages.

(b) The board shall determine and compute benefits, assessments, damages, total estimated cost, and percentage allocations in the manner provided by section 50 or 62 of this chapter. However, in determining benefits and assessments for an urban drain, the board shall consider the following factors:

(1) The watershed, or entire land area drained or affected by the urban drain, shall be considered to be benefited and shall be assessed.

(2) If specific parts of urban land are to be served by new drainage arms, routings, special structures, or other similar new features that are part of the total cost of the urban drain, those specific parts of urban land may be considered to have extra benefits greater than the benefits to the other affected urban land.

(3) Except for urban land that has extra benefits, all urban land within the watershed shall be considered to be equally benefited, and the benefits shall be computed in proportion to the number of acres in each tract.

(4) If a tract of urban land has been platted or subdivided into lots, and the subdivision contains streets, parkways, parks, or similar common use areas, the board may determine the per lot benefits by:

(A) ascertaining the total approximate benefits in proportion to the area of the tract before the subdividing; and

(B) apportioning the total benefits in substantially equal amounts to each lot.

Additional assessments may not be imposed on a right-of-way apportioned to the lots under this subdivision.

(5) Rights-of-way of a public highway, railroad company, pipeline company, or public utility that lie within or adjoin urban land shall be considered to be benefited and shall be assessed in the same manner as urban land.

(6) Rural land affected by an urban drain is benefited only as rural land and shall be assessed on that basis. Whenever the board finds that a drain would have drained rural land without reconstruction, the board may reduce the assessment apportioned to rural land, subject to section 84(c) of this chapter.

(c) The notice to landowners in the case of an urban drain must:

(1) state that the drain has been designated as an urban drain;

(2) describe the land of the owner to whom the notice is addressed; and

(3) state that the land described is shown by the schedule of assessments to be assessed as either rural land or urban land.

(d) Before final adjournment of the hearing, the board shall find in writing that the drain is an urban drain or that it is a rural drain and is not an urban drain. If the board finds that the drain is not an urban drain, the board shall then request the county surveyor to deny all future connections to the drain, as provided in section 17 of this chapter, and the board shall make this request and finding public.

[Pre-Local Government Recodification Citations: 19-4-10-3; 19-4-10-4.]

As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.127-2017, SEC.357.
Ind. Code § 36-7-30.3-2 — Indiana Code / Title 36 / Article 7 / Chapter 30.3 / Section 36-7-30.3-2
"Commander"
Status: in_force

Sec. 2. As used in this chapter, "commander" means the commander of an installation or the commander's designee.

As added by P.L.43-2023, SEC.5.
Ind. Code § 36-10-10-12 — Indiana Code / Title 36 / Article 10 / Chapter 10 / Section 36-10-10-12
Lease; payment of rental; approval
Status: in_force

Sec. 12. A lease under this chapter must provide for the payment of the lease rental by the city from the levy of taxes against the real and personal property located within the city.

As added by Acts 1982, P.L.218, SEC.4. Amended by P.L.90-2002, SEC.522; P.L.197-2016, SEC.153.
Ind. Code § 36-7-30-11 — Indiana Code / Title 36 / Article 7 / Chapter 30 / Section 36-7-30-11
Adoption of resolution
Status: in_force

Sec. 11. (a) After adoption of a resolution under section 10 of this chapter, the reuse authority shall submit the resolution and supporting data to the plan commission of the 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 reuse plan conform to the plan of development for the unit and approve or disapprove the resolution and plan proposed. The reuse authority may amend or modify the resolution and proposed plan to conform to the requirements of the plan commission. The plan commission shall issue a written order approving or disapproving the resolution and military base reuse plan, and may with the consent of the reuse authority rescind or modify the order.

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

(c) If a military base is located in an excluded city that is located in a county having a consolidated city, the determination that a geographic area is a military base reuse area must be approved by the excluded city legislative body and the consolidated city legislative body.

As added by P.L.26-1995, SEC.14.
Ind. Code § 36-7-18-23 — Indiana Code / Title 36 / Article 7 / Chapter 18 / Section 36-7-18-23
Authorities exempt from certain statutory requirements; trust bids, proposals, or quotations
Status: in_force

Sec. 23. (a) A housing authority is not subject to statutes regarding the acquisition, operation, construction, reconstruction, improvement, alteration, repair, disposition, or exchange of real or personal property by other public bodies, except:

(1) with regard to money received from municipalities or counties and derived from local tax levies;

(2) with regard to money received from the state; and

(3) as otherwise provided by this chapter.

(b) A housing authority is not subject to statutes regarding appropriations by other public bodies.

(c) This subsection applies if a housing authority disposes of real property or awards a contract for the procurement of property by acceptance of bids, proposals, or quotations. A bid, proposal, or quotation submitted by a trust (as defined in IC 30-4-1-1(a)) must identify each:

(1) beneficiary of the trust; and

(2) settlor empowered to revoke or modify the trust.

[Pre-Local Government Recodification Citation: 18-7-11-8(i).]

As added by Acts 1981, P.L.309, SEC.37. Amended by P.L.336-1989(ss), SEC.53.
Ind. Code § 36-9-35-2 — Indiana Code / Title 36 / Article 9 / Chapter 35 / Section 36-9-35-2
Boards of trustees; political affiliation of appointees
Status: in_force

Sec. 2. Notwithstanding IC 36-1-8-10, whenever the city's ordinance establishing a water department requires that an appointment to the board of trustees of the water department be conditioned upon the political affiliation of the appointee, or that the membership of the board not exceed a stated number of members from the same political party, at the time of an appointment the appointee must:

(1) have voted in the two (2) most recent primary elections held by the party with which the appointee claims affiliation; or

(2) if the appointee did not vote in the two (2) most recent primary elections or only voted in one (1) of those elections, be certified as a member of the party with which the appointee claims affiliation by that party's county chair for the county in which the appointee resides.

As added by P.L.320-1989, SEC.3. Amended by P.L.127-2017, SEC.375.
Ind. Code § 36-7-29-22.5 — Indiana Code / Title 36 / Article 7 / Chapter 29 / Section 36-7-29-22.5
Lien on property
Status: in_force

Sec. 22.5. (a) After removal or remedial action is initiated under this chapter, the district may impose a lien on the property on which the removal or remedial action is undertaken. The lien may secure the payment to the district of an amount of money equal to the amount of money expended periodically by the district to finance the removal or remedial action.

(b) In order to perfect a lien arising under subsection (a), the district must file notice of the lien in the office of the county recorder. At least thirty (30) days before filing notice of the lien in the office of the county recorder, the district must provide by certified mail to:

(1) the owner of the real property that would be subject to the lien, at the owner's last known address; or

(2) the tenant or other person having control of the real property that would be subject to the lien, at the last known address of the tenant or other person, if the owner of record cannot be identified;

a written notice of the date on which the district intends to impose a lien under subsection (a). The district shall also provide the county recorder with a copy of the written notice required by this subsection.

(c) When a notice of a lien arising under subsection (a) is presented to the county recorder for filing, the county recorder shall enter the lien appropriately in the entry book and in the miscellaneous record. The entries made under this subsection must show the following:

(1) The date of filing.

(2) The book and page number or instrument number.

(3) The name of the person named in the notice.

(4) A legal description of the property if appropriate.

(5) A serial number or other identifying number given in the notice.

(d) After a notice of a lien is filed with the county recorder under subsection (c), the district shall provide notice of the filing of the lien by certified mail to:

(1) the owner of the property that is subject to the lien, at the owner's last known address; or

(2) the tenant or other person having control of the property that is subject to the lien, at the last known address of the tenant or other person, if the owner of record cannot be identified.

(e) Subject to subsection (f), when a certificate of discharge of a lien arising under this section is:

(1) issued by the board or its designated representative; and

(2) presented for filing in the office of the county recorder;

the county recorder shall record the certificate of discharge as a release of the lien.

(f) To be recorded under subsection (e), the certificate must refer to the county recorder's book and page number or instrument number under which the lien was recorded.

(g) When recording a release of a lien under subsection (e), the county recorder shall inscribe, in the margin of each entry made to record the lien under subsection (d), a reference to the place where the release is recorded.

(h) Upon:

(1) the recording of the certificate of discharge as a release under subsection (e); and

(2) the inscribing of the references to the release under this section;

a certificate of discharge of a lien arising under subsection (a) operates as a full discharge and satisfaction of the lien unless the references to the release inscribed under subsection (e) specifically note the release as a partial lien release.

(i) A lien created under subsection (a) continues until the earlier of the following:

(1) The full discharge and satisfaction of the lien.

(2) The expiration of a twenty (20) year period from the date of the creation of the lien, unless an action to foreclose the lien is pending.

As added by P.L.60-1999, SEC.1.
Ind. Code § 36-7-15.2-15 — Indiana Code / Title 36 / Article 7 / Chapter 15.2 / Section 36-7-15.2-15
Approval of commission's determination to create district
Status: in_force

Sec. 15. The determination of the commission to create a district under this chapter must be approved by ordinance of the legislative body of the unit before the commission transmits its resolution to the Indiana finance authority and the department of state revenue under section 16 of this chapter.

As added by P.L.84-1987, SEC.13. Amended by P.L.11-1990, SEC.133; P.L.235-2005, SEC.210.
Ind. Code § 36-7-16-7 — Indiana Code / Title 36 / Article 7 / Chapter 16 / Section 36-7-16-7
Loans; no application fee; closing costs and charges
Status: in_force

Sec. 7. The agency may not charge an application fee in connection with the loans authorized by this chapter. However, if an application is approved, the agency shall include in the principal amount of the loan an amount sufficient to cover closing costs and the cost of:

(1) bringing the title to date;

(2) obtaining title insurance or a title opinion from counsel;

(3) appraisal; and

(4) any necessary permits.

[Pre-Local Government Recodification Citation: 18-7-7.5-7.]

As added by Acts 1981, P.L.309, SEC.35.