Ind. Code § 36-4-3-1.7 — Indiana Code / Title 36 / Article 4 / Chapter 3 / Section 36-4-3-1.7
Outreach program
Status: in_force

Sec. 1.7. (a) This section applies only to an annexation ordinance adopted after June 30, 2015. This section does not apply to an annexation under section 5.1 of this chapter.

(b) Not earlier than six (6) months before a municipality introduces an annexation ordinance, the municipality shall conduct an outreach program to inform citizens regarding the proposed annexation. For an annexation under section 3 or 4 of this chapter, the outreach program must conduct at least six (6) public information meetings regarding the proposed annexation. For an annexation under section 5 or 5.2 of this chapter, the outreach program must conduct at least three (3) public information meetings regarding the proposed annexation. The public information meetings must provide citizens with the following information:

(1) Maps showing the proposed boundaries of the annexation territory.

(2) Proposed plans for extension of capital and noncapital services in the annexation territory, including proposed dates of extension. In the case of an annexation under section 5.2 of this chapter, a copy of the preliminary written fiscal plan.

(3) Expected fiscal impact on taxpayers in the annexation territory, including any increase in taxes and fees.

(c) The municipality shall provide notice of the dates, times, and locations of the outreach program meetings. The municipality shall do all of the following:

(1) Publish the notice of the meetings under IC 5-3-1, including the date, time, and location of the meetings, except that notice must be published not later than thirty (30) days before the date of each meeting.

(2) Send notice under subsection (d) to each owner of land within the annexation territory not later than thirty (30) days before the date of the first meeting of the outreach program.

(3) Send notice by first class mail, certified mail with return receipt requested, or any other means of delivery that includes a return receipt not later than thirty (30) days before the date of the first meeting of the outreach program to:

(A) the county executive body of each county;

(B) the township executive of each township; and

(C) any plan commission;

in which the annexation territory is located. The notice must provide the date, time, and location of the meetings to be conducted under the outreach program.

(d) The notice to landowners shall be sent by first class mail, certified mail with return receipt requested, or any other means of delivery that includes a return receipt and must include the following information:

(1) The notice must inform the landowner that the municipality is proposing to annex territory that includes the landowner's property.

(2) The municipality is conducting an outreach program for the purpose of providing information to landowners and the public regarding the proposed annexation.

(3) The date, time, and location of the meetings to be conducted under the outreach program.

(e) The notice shall be sent to the address of the landowner as listed on the tax duplicate. If the municipality provides evidence that the notice was sent:

(1) by certified mail, with return receipt requested or any other means of delivery that includes a return receipt; and

(2) in accordance with this section;

it is not necessary that the landowner accept receipt of the notice. If a remonstrance is filed under section 11 of this chapter, the municipality shall file with the court proof that notices were sent to landowners under this section and proof of publication.

(f) The notice required under this section is in addition to any notice required under sections 2.1 and 2.2 of this chapter.

As added by P.L.228-2015, SEC.4. Amended by P.L.206-2016, SEC.2; P.L.70-2022, SEC.1; P.L.10-2026, SEC.1.
Ind. Code § 36-5-1-6 — Indiana Code / Title 36 / Article 5 / Chapter 1 / Section 36-5-1-6
Parties entitled to be heard; remonstrance; dismissal of petition
Status: in_force

Sec. 6. The recipients of the notice required by section 5 of this chapter are parties to and are entitled to be heard at the public hearing. The petition for incorporation shall be dismissed if at any time during the incorporation proceedings, including an appeal, the county executive or a court hearing an appeal is presented with a verified remonstrance against incorporation, signed by at least:

(1) fifty-one percent (51%) of the owners of a fee simple interest in real property in the affected territory; or

(2) the owners of seventy-five percent (75%), in assessed valuation, of the real property in the affected territory.

The executive or court may determine the validity of the remonstrance by submitting it to the county auditor for verification.

[Pre-Local Government Recodification Citation: 18-3-1-8 part.]

As added by Acts 1980, P.L.212, SEC.4.
Ind. Code § 36-10-9.1-23 — Indiana Code / Title 36 / Article 10 / Chapter 9.1 / Section 36-10-9.1-23
Actions contesting validity of bonds; limitations
Status: in_force

Sec. 23. Any action to contest the validity of bonds to be issued under this chapter may not be brought after the fifteenth day following:

(1) the receipt of bids for the bonds, if the bonds are sold at public sale; or

(2) the publication one (1) time in a newspaper of general circulation published in the county of notice of the execution and delivery of the contract for the sale of bonds;

whichever occurs first.

As added by P.L.82-1985, SEC.12.
Ind. Code § 36-7-28-2 — Indiana Code / Title 36 / Article 7 / Chapter 28 / Section 36-7-28-2
Powers of city
Status: in_force

Sec. 2. Notwithstanding any other law, a city may take all actions necessary to establish or provide assistance to a nonprofit corporation that serves as a minority enterprise small business investment company for purposes of 15 U.S.C. 681(d).

As added by P.L.264-1993, SEC.1.
Ind. Code § 36-9-2-12 — Indiana Code / Title 36 / Article 9 / Chapter 2 / Section 36-9-2-12
Watercourses; introduction of any substance
Status: in_force

Sec. 12. A unit may regulate the introduction of any substance into a watercourse or onto its banks.

[Pre-Local Government Recodification Citations: 18-1-1.5-9(a); 18-1-1.5-11(b).]

As added by Acts 1980, P.L.211, SEC.4.
Ind. Code § 36-9-30-6 — Indiana Code / Title 36 / Article 9 / Chapter 30 / Section 36-9-30-6
Appropriations for acquisition, establishment, operation, and maintenance of premises, facilities, and services
Status: in_force

Sec. 6. The fiscal body of a unit acting under this chapter may make appropriations for the acquisition, establishment, operation, and maintenance of premises, facilities, and services for the collection and disposal of solid waste. Appropriations under this section may include amounts for employees, vehicles, and equipment necessary or incidental to the collection or disposal of solid waste.

[Pre-Local Government Recodification Citation: 19-2-1-5.]

As added by Acts 1981, P.L.309, SEC.106.
Ind. Code § 36-7-1-6 — Indiana Code / Title 36 / Article 7 / Chapter 1 / Section 36-7-1-6
"Development plan"
Status: in_force

Sec. 6. "Development plan" means a specific plan for the development of real property that:

(1) requires approval by a plan commission under the 1400 series of IC 36-7-4;

(2) includes a site plan;

(3) satisfies the development requirements specified in the zoning ordinance regulating the development; and

(4) contains the plan documentation and supporting information required by the zoning ordinance.

[Pre-Local Government Recodification Citations: 18-7-4-120; 18-7-5-3 part.]

As added by Acts 1981, P.L.309, SEC.6. Amended by Acts 1981, P.L.310, SEC.2; P.L.320-1995, SEC.1.
Ind. Code § 36-9-25-41 — Indiana Code / Title 36 / Article 9 / Chapter 25 / Section 36-9-25-41
Consolidated cities; revenue bonds for sewage works
Status: in_force

Sec. 41. (a) This section applies to each consolidated city.

(b) To raise money to pay the costs of acquiring, constructing, and improving sewage works and property necessary for sewage works, the board may have issued, in the name of the municipality, revenue bonds payable solely from the revenues of the sewage works for which they are issued. Revenue bonds issued under this section are not a corporate indebtedness of the district or the municipality.

(c) The revenue bonds bear interest at a rate not to exceed the maximum rate per annum specified by the board and will be payable and mature at the time or times determined by the board in the resolution.

(d) The revenue bonds may be made redeemable before maturity at the option of the board, to be exercised by the board, at not more than their par value plus a premium of five percent (5%), under the terms and conditions fixed by the resolution authorizing the issuance of the bonds.

(e) The principal and interest of the revenue bonds may be made payable in any lawful medium.

(f) The resolution authorizing the issuance of the revenue bonds must determine the form of the bonds and must fix the denomination or denominations of the bonds and the place or places of payment of their principal and interest, which may be at any bank or trust company in Indiana or another state.

(g) The revenue bonds must contain a statement on their face that neither the district nor the municipality is obligated to pay the principal or interest on them, except from the net revenue of the sewage works that are deposited in the sinking fund established by subsection (t).

(h) The revenue bonds are negotiable instruments.

(i) Provision may be made for the registration of any of the revenue bonds in the name of the owner as to principal alone or as to both principal and interest.

(j) The revenue bonds shall be executed in the same manner as other bonds issued under section 27 of this chapter.

(k) The revenue bonds shall be sold by the district and the municipal fiscal officer in the manner that is determined to be in the best interests of the district, but only at public sale in accordance with the statutes concerning the sale of municipal bonds.

(l) Before the preparation of the definite revenue bonds, temporary revenue bonds may be issued with or without coupons. The temporary revenue bonds, which shall be issued in the manner prescribed by this section, may be exchanged for the definite revenue bonds when they are issued.

(m) If the proceeds of the revenue bonds are less than the cost of the sewage works, additional revenue bonds may be issued under this section to provide the amount of the deficit. Unless otherwise provided in the resolution authorizing the first issue, the additional revenue bonds are considered part of the first issue and are entitled to payment from the same fund, without priority for the first issue.

(n) Subject to the provisions and limitations of any resolution or trust indenture pertaining to any outstanding revenue bonds, additional bonds payable from the revenues of the sewage works may be authorized and issued in the manner prescribed by this section for the purpose of improving any works acquired or constructed under this chapter without priority of one (1) issue over another.

(o) Revenue bonds issued under this section are exempt from taxation for all purposes.

(p) Any action to contest the validity of revenue bonds issued under this section must be brought at least five (5) days before the advertised date for the sale of the bonds.

(q) The first proceeds of any revenue bonds issued under this section shall be used to repay all amounts advanced for preliminary expenses. The remaining proceeds of the bond issue shall be applied to the cost of acquiring, constructing, or improving the sewage works.

(r) After the payments required by subsection (q) have been made, any proceeds of the bond issue that have not been spent shall be deposited in the sinking fund established by subsection (t).

(s) The holders of the revenue bonds have a lien on the bond proceeds until they are applied under this section.

(t) At or before the time of issuance of revenue bonds under this section, the board, by resolution, shall:

(1) establish a sinking fund for the payment of:

(A) the principal of and interest on the revenue bonds; and

(B) the charges of banks or trust companies for making payment of the principal or interest on the revenue bonds; and

(2) pledge the net revenues of the sewage works, after the payment of the reasonable expense of operation, repair, and maintenance of the works, to the payment of the expenses described in subdivision (1).

The resolution may also provide for the accumulation of reasonable reserves in the sinking fund as a protection against default, and for the payment of premiums on bonds retired by call or purchase under this section.

(u) The rights granted by this section are subject to any restrictions contained in the resolution authorizing the issuance of revenue bonds or in any trust indenture securing the bonds. The holder of any revenue bonds or any coupons attached to them, and the trustee, if any, may, either at law or in equity, protect and enforce all rights granted by this section or under the resolution or trust indenture, including the making and collecting of reasonable and sufficient fees for services rendered by the sewage works. If the principal or interest of any of the revenue bonds is not paid on the date named in the bonds for payment, any court having jurisdiction of the action may appoint a receiver to administer the sewage works on behalf of the district, municipality, the bondholders, and the trustee, if any. The receiver may:

(1) charge and collect fees sufficient to provide for the payment of the expenses of operation, repair, and maintenance of the works;

(2) pay any revenue bonds and interest outstanding; and

(3) apply the revenues in conformity with this chapter, the resolution authorizing the bond issue, and the trust indenture, if any.

(v) Bonds issued under this section are subject to the requirements of IC 36-3-5-8.

As added by P.L.80-1997, SEC.23.
Ind. Code § 36-9-14.5-5 — Indiana Code / Title 36 / Article 9 / Chapter 14.5 / Section 36-9-14.5-5
Repealed
Status: repealed

As added by P.L.44-1984, SEC.16. Repealed by P.L.17-1995, SEC.45.
Ind. Code § 36-2-12-1 — Indiana Code / Title 36 / Article 2 / Chapter 12 / Section 36-2-12-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to all counties.

[Pre-Local Government Recodification Citation: Ind. Const. Art. 6, § 2.]

As added by Acts 1980, P.L.212, SEC.1.
Ind. Code § 36-8-19-17 — Indiana Code / Title 36 / Article 8 / Chapter 19 / Section 36-8-19-17
Member residency
Status: in_force

Sec. 17. A firefighter who is a member of the fire department of a fire protection territory is not subject to residency requirements but must:

(1) have adequate means of transportation into the jurisdiction served by the member's fire department; and

(2) maintain telephone service to communicate with the member's fire department.

As added by P.L.122-2023, SEC.37.
Ind. Code § 36-8-22-2 — Indiana Code / Title 36 / Article 8 / Chapter 22 / Section 36-8-22-2
"Employee"
Status: in_force

Sec. 2. As used in this chapter, "employee" means a full-time employee of a police or fire department. However, the term does not include an employee in an upper level policymaking position.

As added by P.L.48-2007, SEC.1.
Ind. Code § 36-9-5-2 — Indiana Code / Title 36 / Article 9 / Chapter 5 / Section 36-9-5-2
Reduced fares for persons 65 years of age or older
Status: in_force

Sec. 2. (a) A board may establish a special schedule of fares applicable to the transportation of persons sixty-five (65) years of age or older. The schedule may provide for fares that approximate in cost not more than one-half (1/2) of the public transportation system's regular one-way fare for transportation on regular routes within the system's service area. The reduced rate may also apply to transfers and other special services but may not apply to charter service or any transportation provided outside the service area.

(b) A board acting under this section may require a method of identification to be presented by a passenger to qualify for a reduced fare.

[Pre-Local Government Recodification Citation: 19-5-7.5-1 part.]

As added by Acts 1981, P.L.309, SEC.78.
Ind. Code § 36-8-12-10.7 — Indiana Code / Title 36 / Article 8 / Chapter 12 / Section 36-8-12-10.7
Employees of private employers; volunteer firefighting or volunteer member activity
Status: in_force

Sec. 10.7. (a) This section applies to an employee of a private employer who:

(1) is a volunteer firefighter or volunteer member; and

(2) has notified the employee's employer in writing that the employee is a volunteer firefighter or volunteer member.

(b) Except as provided in subsection (c), the employer may not discipline an employee:

(1) for being absent from employment by reason of responding to a fire or emergency call that was received before the time that the employee was to report to employment;

(2) for leaving the employee's duty station to respond to a fire or emergency call if the employee has secured authorization from the employee's supervisor to leave the duty station in response to a fire or an emergency call received after the employee has reported to work; or

(3) for:

(A) an injury; or

(B) an absence from work because of an injury;

that occurs while the employee is engaged in emergency firefighting or other emergency response.

However, for each instance of emergency firefighting activity or other emergency response that results in an injury to an employee, subdivision (3) applies only to the period of the employee's absence from work that does not exceed six (6) months from the date of the injury.

(c) After the employer has received the notice required under subsection (a)(2), the employer may reject the notification from the employee on the grounds that the employee is an essential employee to the employer. If the employer has rejected the notification of the employee:

(1) subsection (b) does not apply to the employee; and

(2) the employee must promptly notify the:

(A) fire chief or other officer in charge of the volunteer fire department; or

(B) the officer in charge of the volunteer emergency medical services association;

of the rejection of the notice of the employee who is a volunteer firefighter or a volunteer member.

(d) The employer may require an employee who has been absent from employment as set forth in subsection (b) to present a written statement from the fire chief or other officer in charge of the volunteer fire department, or officer in charge of the emergency medical services association, at the time of the absence or injury indicating that the employee was engaged in emergency firefighting or emergency activity at the time of the absence or injury.

(e) The employer may require an employee who is injured or absent from work as described in subsection (b)(3) to provide evidence from a physician or other medical authority showing:

(1) treatment for the injury at the time of the absence; and

(2) a connection between the injury and the employee's emergency firefighting or other emergency response activities.

(f) To the extent required by federal or state law, information obtained under subsection (e) by an employer must be:

(1) retained in a separate medical file created for the employee; and

(2) treated as a confidential medical record.

As added by P.L.43-2005, SEC.4. Amended by P.L.63-2009, SEC.3.
Ind. Code § 36-7-14.5-18 — Indiana Code / Title 36 / Article 7 / Chapter 14.5 / Section 36-7-14.5-18
Lease or sale of property from commission to authority; fiscal body approval
Status: in_force

Sec. 18. (a) The commission may lease for a nominal lease rental, or sell to the authority, one (1) or more local public improvements or portions thereof or land upon which a local public improvement is located or is to be constructed.

(b) Any lease of all or a portion of a local public improvement by the commission to the authority must be for a term equal to the term of the lease of that local public improvement back to the redevelopment commission.

(c) Subject to the prior approval of the fiscal body of the unit under IC 36-7-14-25.2, the commission may sell property to the authority for such amount as the commission determines to be in the best interest of the commission, which amount may be paid from the proceeds of bonds of the authority.

As added by P.L.380-1987(ss), SEC.18. Amended by P.L.149-2014, SEC.27.
Ind. Code § 36-1-10.5-5 — Indiana Code / Title 36 / Article 1 / Chapter 10.5 / Section 36-1-10.5-5
Purchase of land or structure; required procedures
Status: in_force

Sec. 5. A purchasing agent shall purchase land or a structure only after compliance with the following procedures:

(1) The fiscal body of the political subdivision shall pass a resolution to the effect that it is interested in making a purchase of specified land or a structure.

(2) The purchasing agent shall appoint two (2) appraisers to appraise the fair market value of the land or structure. The appraisers must be professionally engaged in making appraisals or be trained as an appraiser and licensed as a broker under IC 25-34.1.

(3) The appraisers shall return their separate appraisals to the purchasing agent within thirty (30) days after the date of their appointment. The purchasing agent shall keep the appraisals on file in the purchasing agent's office for five (5) years after they are given to the purchasing agent.

(4) The purchasing agent shall give a copy of both appraisals to the fiscal body.

As added by P.L.336-1987, SEC.1.
Ind. Code § 36-6-1.5-1 — Indiana Code / Title 36 / Article 6 / Chapter 1.5 / Section 36-6-1.5-1
Applicability
Status: in_force

Sec. 1. This chapter does not apply to a township in a county containing a consolidated city.

As added by P.L.240-2005, SEC.3.
Ind. Code § 36-8-14-3 — Indiana Code / Title 36 / Article 8 / Chapter 14 / Section 36-8-14-3
Repealed
Status: repealed

[Pre-Local Government Recodification Citations: 18-6-7-2; 18-6-9-2.]

As added by Acts 1981, P.L.309, SEC.66. Amended by Acts 1981, P.L.45, SEC.35. Repealed by P.L.17-1995, SEC.45.
Ind. Code § 36-9-10-1 — Indiana Code / Title 36 / Article 9 / Chapter 10 / Section 36-9-10-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to all municipalities and the counties in which they are located.

[Pre-Local Government Recodification Citation: 18-5-16-1 part.]

As added by Acts 1981, P.L.309, SEC.83.
Ind. Code § 36-7-17.1-13 — Indiana Code / Title 36 / Article 7 / Chapter 17.1 / Section 36-7-17.1-13
Property not applied for in successive drawings; sale; disposition of proceeds
Status: in_force

Sec. 13. (a) A property for which no one applies in two (2) successive drawings held under this chapter may be sold at public auction to the highest bidder.

(b) The proceeds of the sale of real property acquired under IC 6-1.1-25-7.5 shall be applied to the cost of the sale, including advertising and appraisal.

(c) If any proceeds remain after payment of the costs under subsection (b), the proceeds shall be applied to the payment of taxes removed from the tax duplicate under IC 6-1.1-25-4(e).

(d) If any proceeds remain after payment of the taxes under subsection (c), the proceeds shall be deposited in the county general fund.

As added by P.L.118-2013, SEC.16.
Ind. Code § 36-10-9.1-12 — Indiana Code / Title 36 / Article 10 / Chapter 9.1 / Section 36-10-9.1-12
Refunding of bonds
Status: in_force

Sec. 12. (a) Bonds issued under IC 36-10-9 or prior law may be refunded as provided in this section.

(b) The capital improvement board may:

(1) lease all or a portion of a capital improvement or improvements to the authority, which may be at a nominal lease rental with a lease back to the capital improvement board, conditioned upon the authority assuming bonds issued under IC 36-10-9 or prior law and issuing its bonds to refund those bonds; and

(2) sell all or a portion of a capital improvement or improvements to the authority for a price sufficient to provide for the refunding of those bonds and lease back the capital improvement or improvements from the authority.

As added by P.L.82-1985, SEC.12.
Ind. Code § 36-5-6-4 — Indiana Code / Title 36 / Article 5 / Chapter 6 / Section 36-5-6-4
Election
Status: in_force

Sec. 4. The clerk-treasurer shall be elected under IC 3-10-6 or IC 3-10-7 by the voters of the whole town.

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

As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.5-1986, SEC.56.
Ind. Code § 36-10-4-20 — Indiana Code / Title 36 / Article 10 / Chapter 4 / Section 36-10-4-20
Acquisition of property for various purposes; holding property in trust; establishment of museums; contracts for management and maintenance of facilities
Status: in_force

Sec. 20. (a) Real and personal property may be granted, devised, leased, bequeathed, or conveyed to a city for park purposes or for the establishment, improvement, maintenance, or ornamentation of a park, playground, boulevard, pleasureway, parkway, wheelway, garden for horticulture and floriculture, museum, zoological garden, collection of natural history, observatory, library, fountain, monument, work of art, art gallery, or other public ground.

(b) The city may take and hold the property in trust or upon conditions that are approved by the board. The property and the rents, issues, and profits from it are subject to the exclusive control of the board.

(c) The board shall also provide accommodations and take the steps that the money at its disposal will justify for securing and preserving collections of natural history and the establishment of museums in the parks of the city.

(d) The property may be improved, added to, and changed at the board's discretion and shall be protected, preserved, and arranged by the board for the public use and enjoyment under the rules that the board prescribes.

(e) The public may use and enjoy the facilities, although the board may impose an admission charge for entrance into the gardens, museums, and other collections.

(f) The board may also contract for the management and maintenance of gardens, museums, art galleries, or other institutions with a society incorporated under statute, as long as the public has the right to use and enjoy the facilities. The board may also impose an admission charge for entrance into these facilities, which remain subject to the control of the board.

[Pre-Local Government Recodification Citation: 19-7-30-14.]

As added by Acts 1981, P.L.309, SEC.111.
Ind. Code § 36-7-3-6 — Indiana Code / Title 36 / Article 7 / Chapter 3 / Section 36-7-3-6
Resolution declaring necessity of survey or plat requisites; adoption procedures direction to professional surveyor
Status: in_force

Sec. 6. (a) Before a survey of a municipality is made under this chapter, the municipal legislative body must declare, by resolution, the necessity for making the survey or plat. The resolution must describe and embrace all tracts to be included in the plat, with the description being by streets, alleys, corporate lines, other platted additions' lines, or any boundary line that can be definitely located. Notice of the adoption of the resolution must be given in accordance with IC 5-3-1. The notice must fix a time and a place where the persons owning the tracts may appear before the legislative body and object to any further steps being taken in the proceedings.

(b) If, after hearing any objections, the legislative body considers it necessary to proceed with the survey and plat, it shall direct the municipal civil engineer, if the engineer is a professional surveyor, or, if the engineer is not, some suitable and competent professional surveyor, to immediately make the survey and plat and report them to the legislative body.

[Pre-Local Government Recodification Citation: 18-5-10-37.]

As added by Acts 1981, P.L.309, SEC.22. Amended by Acts 1981, P.L.45, SEC.17; P.L.57-2013, SEC.98.
Ind. Code § 36-7-18-28 — Indiana Code / Title 36 / Article 7 / Chapter 18 / Section 36-7-18-28
Eminent domain
Status: in_force

Sec. 28. (a) A housing authority may, by the exercise of the power of eminent domain, acquire any real property that it considers necessary for its purposes under this chapter, if it first adopts a resolution declaring that necessity. An authority may exercise the power of eminent domain:

(1) under IC 32-24;

(2) under IC 32-24-2, as if it were a works board; or

(3) under any other applicable statutory provisions for the exercise of the power of eminent domain.

(b) Property already devoted to a public use may be acquired under this section, but real property belonging to the state or any political subdivision may not be acquired without the consent of the state or political subdivision that owns the property.

[Pre-Local Government Recodification Citation: 18-7-11-12.]

As added by Acts 1981, P.L.309, SEC.37. Amended by P.L.2-2002, SEC.115.
Ind. Code § 36-8-7-2.5 — Indiana Code / Title 36 / Article 8 / Chapter 7 / Section 36-8-7-2.5
Qualification of 1937 fund under Internal Revenue Code; benefit limitations
Status: in_force

Sec. 2.5. (a) As used in this chapter, "Internal Revenue Code":

(1) means the Internal Revenue Code of 1954, as in effect on September 1, 1974, if permitted with respect to governmental plans; or

(2) to the extent not inconsistent with subdivision (1), has the meaning set forth in IC 6-3-1-11.

(b) The 1937 fund shall satisfy the qualification requirements in Section 401 of the Internal Revenue Code, as applicable to the 1937 fund. In order to meet those requirements, the 1937 fund is subject to the following provisions, notwithstanding any other provision of this chapter:

(1) The local board shall distribute the corpus and income of the 1937 fund to members and their beneficiaries in accordance with this chapter.

(2) No part of the corpus or income of the 1937 fund may be used or diverted to any purpose other than the exclusive benefit of the members and their beneficiaries.

(3) Forfeitures arising from severance of employment, death, or for any other reason may not be applied to increase the benefits any member would otherwise receive under this chapter.

(4) If the 1937 fund is terminated, or if all contributions to the 1937 fund are completely discontinued, the rights of each affected member to the benefits accrued at the date of the termination or discontinuance, to the extent then funded, are nonforfeitable.

(5) All benefits paid from the 1937 fund shall be distributed in accordance with the requirements of Section 401(a)(9) of the Internal Revenue Code and the regulations under that section. In order to meet those requirements, the 1937 fund is subject to the following provisions:

(A) The life expectancy of a member, the member's spouse, or the member's beneficiary shall not be recalculated after the initial determination, for purposes of determining benefits.

(B) If a member dies before the distribution of the member's benefits has begun, distributions to beneficiaries must begin no later than December 31 of the calendar year immediately following the calendar year in which the member died.

(C) The amount of an annuity paid to a member's beneficiary may not exceed the maximum determined under the incidental death benefit requirement of the Internal Revenue Code.

(6) The local board may not:

(A) determine eligibility for benefits;

(B) compute rates of contribution; or

(C) compute benefits of members or beneficiaries;

in a manner that discriminates in favor of members who are considered officers, supervisors, or highly compensated, as prohibited under Section 401(a)(4) of the Internal Revenue Code.

(7) Benefits paid under this chapter may not exceed the maximum benefit specified by Section 415 of the Internal Revenue Code.

(8) The salary taken into account under this chapter may not exceed the applicable amount under Section 401(a)(17) of the Internal Revenue Code.

(9) The local board may not engage in a transaction prohibited by Section 503(b) of the Internal Revenue Code.

(c) Notwithstanding any other provision of this chapter, and solely for the purposes of the benefits provided under this chapter, the benefit limitations of Section 415 of the Internal Revenue Code shall be determined by applying the provisions of Section 415(b)(10) of the Internal Revenue Code, as amended by the Technical and Miscellaneous Revenue Act of 1988. This section constitutes an election under Section 415(b)(10)(C) of the Internal Revenue Code to have Section 415(b) of the Internal Revenue Code, other than Section 415(b)(2)(G) of the Internal Revenue Code, applied without regard to Section 415(b)(2)(F) of the Internal Revenue Code (before its repeal on June 7, 2001, by P.L.107-16) to anyone who did not first become a participant before January 1, 1990.

As added by P.L.55-1989, SEC.52. Amended by P.L.4-1990, SEC.16; P.L.42-2011, SEC.82.
Ind. Code § 36-9-22.5-5 — Indiana Code / Title 36 / Article 9 / Chapter 22.5 / Section 36-9-22.5-5
Installation of sewer line through a unit's right-of-way to connect to another unit's sewer system
Status: in_force

Sec. 5. (a) This section applies to the owner of a lot, parcel of real property, or building if:

(1) the sewage disposal system that serves the lot, parcel, or building is failing; and

(2) the owner seeks to install (or to cause to be installed) a sewer line or other sewage works:

(A) in or through a public right-of-way owned or controlled by a unit; and

(B) for the purpose of connecting the owner's lot, parcel of real property, or building to a sewer system owned or operated by a unit or an entity other than the unit described in clause (A);

regardless of whether the proposed installation will be accomplished by excavation, directional boring, or any other commonly used method of installation.

(b) An owner may not install a sewer line or other sewage works as described in subsection (a) unless:

(1) the unit or other entity that owns or operates the sewer system executes a sewer agreement with the owner of the lot, parcel, or building;

(2) the sewer line or sewage works does not extend outside the regulated territory, if any, in which the property is located; and

(3) the owner has obtained all permits and approvals that are required by the state and the unit in which the lot, parcel, or building is located for installation of the sewer line or other sewage works.

(c) This subsection does not apply to the Indiana department of transportation with respect to any right-of-way owned or controlled by the department. A unit may not prohibit the installation of a sewer line or other sewage works as described in subsection (a) in or through a public right-of-way owned or controlled by the unit if the following conditions are met:

(1) The property owner seeking to install the sewer line or other sewage works does both of the following:

(A) Obtains, at the property owner's expense, a written determination from any of the following that the sewage disposal system serving the property owner's property is failing:

(i) The local health department.

(ii) The local health department's designee.

(iii) The board of the local health department, if the local health department or the local health department's designee, in response to a property owner's request for a determination under this clause, determines that the sewage disposal system serving the property owner's property is not failing, and the property owner appeals that determination to the board of the local health department.

(iv) A qualified inspector.

A written determination by the board of a local health department under item (iii) or by a qualified inspector under item (iv) as to whether a sewage disposal system serving a property owner's property is failing is final and binding for purposes of this chapter.

(B) Provides the written determination described in clause (A) to the unit:

(i) before the installation of the sewer line or other sewage works; and

(ii) not later than the date of application for all necessary construction or other permits required for the project.

(2) The property owner submits along with, or as part of, the written determination required under subdivision (1)(B) a signed statement agreeing to restore or repair all public or private property damaged in carrying out the installation described in subsection (a) and to place the property in the property's original condition as nearly as practicable, in accordance with the requirements of the unit that owns or controls the right-of-way, regardless of whether the restoration or repair will be undertaken or performed by the property owner, by the owner or operator of the sewer system to which the property is to be connected, or by some other party.

(d) For purposes of this section, a sewage disposal system is "failing" if one (1) or more of the following apply:

(1) The system refuses to accept sewage at the rate of design application and interferes with the normal use of plumbing fixtures.

(2) Effluent discharge exceeds the absorptive capacity of the soil into which the system discharges, resulting in ponding, seepage, or other discharge of the effluent to the ground surface or to surface waters.

(3) Effluent discharged from the system contaminates a potable water supply, ground water, or surface waters.

As added by P.L.150-2019, SEC.2.
Ind. Code § 36-8-8-1.5 — Indiana Code / Title 36 / Article 8 / Chapter 8 / Section 36-8-8-1.5
"Electronic funds transfer"
Status: in_force

Sec. 1.5. As used in this chapter, "electronic funds transfer" has the meaning set forth in IC 4-8.1-2-7(f).

As added by P.L.13-2011, SEC.15.
Ind. Code § 36-2-6-13 — Indiana Code / Title 36 / Article 2 / Chapter 6 / Section 36-2-6-13
Recovery of payments in violation of article
Status: in_force

Sec. 13. (a) Money paid out of the county treasury in violation of this article may be recovered by the county executive in an action in the name of the state against the officer who paid the money or assisted in the payment, the person who received the money, or both. If the county executive fails to bring the action within thirty (30) days after the illegal payment, a citizen or taxpayer may make a written demand on the county executive to bring the action and may then bring the action in the name of the state for the benefit of the county if the executive fails to comply with the citizen's or taxpayer's demand.

(b) If an action brought under this section is successful, the court shall award the amount of money paid out of the treasury illegally, plus interest at the rate of six percent (6%) per year, to the county and shall award reasonable attorney's fees and expenses to the plaintiff.

[Pre-Local Government Recodification Citation: 17-1-24-44.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.32.
Ind. Code § 36-9-6-13 — Indiana Code / Title 36 / Article 9 / Chapter 6 / Section 36-9-6-13
Utility and transportation structures; authorization
Status: in_force

Sec. 13. (a) A contract under this section must be submitted to the city legislative body and does not take effect until approved by ordinance of the legislative body.

(b) The works board may authorize a telegraph, telephone, electric light, gas, water, steam, railroad, or interurban company to use and erect necessary structures in any street, alley, or public place in the city. The works board may prescribe the terms and conditions of uses under this section and may fix by contract the price to be charged to the company.

[Pre-Local Government Recodification Citation: 18-1-6-15 part.]

As added by Acts 1981, P.L.309, SEC.79.
Ind. Code § 36-9-24-11 — Indiana Code / Title 36 / Article 9 / Chapter 24 / Section 36-9-24-11
Fees; establishment; procedure
Status: in_force

Sec. 11. (a) A municipality that leases facilities under this chapter may, by ordinance, establish, bill, and collect fees from the property and users in the area served by the leased facilities. The fees must be sufficient to pay the costs of operation, maintenance, repair, alterations, depreciation, additions, and extensions of the leased facilities, and to pay the lease rental as it becomes due.

(b) The municipal legislative body may use one (1) or more of the following factors to establish the fees:

(1) A flat charge for each sewer connection.

(2) The amount of water used on or in the property.

(3) The number and size of water outlets on the property.

(4) The amount, strength, or character of the sewage discharged into the sewers.

(5) The size of sewer connections.

(6) Any other factors the legislative body considers necessary.

(c) After introduction of the ordinance establishing the fees, but before it is finally adopted, the municipal legislative body shall hold a public hearing at which all of the users of the leased facilities and owners of property served or to be served by the facilities may be heard concerning the proposed fees. Notice of the hearing, setting forth the proposed schedule of fees, shall be published in accordance with IC 5-3-1. The hearing may be adjourned from time to time.

(d) After the hearing, the municipal legislative body shall adopt the ordinance establishing the fees, either as originally introduced or as modified.

(e) The fees established for any class of users shall be extended to cover any additional property that is subsequently served and falls within the same class, without any hearing or notice.

(f) The municipal legislative body may change or readjust the fees in the same manner by which they were established.

(g) The fees established and collected by the municipality are not subject to the jurisdiction of the utility regulatory commission.

(h) The municipality may collect delinquent fees in the manner provided by IC 36-9-23-31 through IC 36-9-23-34.

[Pre-Local Government Recodification Citation: 19-2-5.5-5.]

As added by Acts 1981, P.L.309, SEC.97. Amended by Acts 1981, P.L.45, SEC.64; P.L.23-1988, SEC.128; P.L.186-1988, SEC.7.
Ind. Code § 36-2-2-22 — Indiana Code / Title 36 / Article 2 / Chapter 2 / Section 36-2-2-22
Repealed
Status: repealed

[Pre-Local Government Recodification Citation: 17-1-14-11 part.]

As added by Acts 1980, P.L.212, SEC.1. Repealed by Acts 1981, P.L.57, SEC.45.
Ind. Code § 36-10-9.5-11 — Indiana Code / Title 36 / Article 10 / Chapter 9.5 / Section 36-10-9.5-11
Defeased bonds; use of funds in capital improvement bond fund and capital improvement fund
Status: in_force

Sec. 11. (a) Upon the defeasance of an issue of northwest Indiana stadium board bonds, the board may use funds in its capital improvement bond fund for those defeased bonds for the purposes set forth in subsection (b) if the board:

(1) has sold all or part of a capital improvement to the northwest Indiana stadium authority and leased it back; or

(2) has leased all or part of a capital improvement to the northwest Indiana stadium authority and leased it back.

(b) The board may use the funds in the capital improvement fund for the defeased bonds for the following:

(1) As payment of lease rental or as a reserve for lease rental.

(2) As a deposit with the northwest Indiana stadium authority or a trustee for the authority's bond owners to be used for payment of those bonds or as a reserve for those bonds.

(3) For any purpose for which the board is authorized to expend or apply funds.

(4) For any combination of the purposes set forth in subdivisions (1), (2), and (3).

As added by P.L.44-2026, SEC.29.
Ind. Code § 36-3-5-4 — Indiana Code / Title 36 / Article 3 / Chapter 5 / Section 36-3-5-4
Establishment; powers and duties of executive departments; department of public utilities
Status: in_force

Sec. 4. (a) The following executive departments of the consolidated city are established, subject to IC 36-3-4-23:

(1) Department of administration and equal opportunity.

(2) Department of metropolitan development.

(3) Department of public safety.

(4) Department of public works.

(5) Department of transportation.

(6) Department of parks and recreation.

These departments and their divisions have all the powers, duties, functions, and obligations prescribed by law for them as of August 31, 1981, subject to IC 36-3-4-23.

(b) The department of public utilities established under IC 8-1-11.1 continues as an agency of the consolidated city, which is the successor trustee of a public charitable trust created under Acts 1929, c. 78. The department of public utilities is governed under IC 8-1-11.1 and is not subject to this article.

[Pre-Local Government Recodification Citations: subsection (a) formerly 18-4-6-1; part new; subsection (b) formerly 18-4-4-8.]

As added by Acts 1980, P.L.212, SEC.2. Amended by Acts 1981, P.L.17, SEC.18; P.L.227-2005, SEC.26.
Ind. Code § 36-7-18-3 — Indiana Code / Title 36 / Article 7 / Chapter 18 / Section 36-7-18-3
"Persons of low income" defined
Status: in_force

Sec. 3. For purposes of this chapter, persons or families who, without financial assistance, lack the amount of income that a housing authority finds is necessary to enable them to live in decent, safe, and sanitary dwellings without overcrowding are considered persons of low income.

[Pre-Local Government Recodification Citation: 18-7-11-3(k).]

As added by Acts 1981, P.L.309, SEC.37.
Ind. Code § 36-5-5-5 — Indiana Code / Title 36 / Article 5 / Chapter 5 / Section 36-5-5-5
Performance bond
Status: in_force

Sec. 5. The manager must, in the manner prescribed by IC 5-4-1, execute a bond for the faithful performance of the manager's duties.

[Pre-Local Government Recodification Citation: 18-3-1.5-3 part.]

As added by Acts 1980, P.L.212, SEC.4. Amended by Acts 1981, P.L.47, SEC.23; P.L.127-2017, SEC.148.
Ind. Code § 36-10-11-8 — Indiana Code / Title 36 / Article 10 / Chapter 11 / Section 36-10-11-8
Trustees; conflicts of interest
Status: in_force

Sec. 8. A trustee may not have any pecuniary interest in any contract, employment, purchase, or sale made under this chapter. A transaction in which any trustee has a pecuniary interest is void.

As added by Acts 1982, P.L.218, SEC.5.
Ind. Code § 36-1.5-4-7 — Indiana Code / Title 36 / Article 1.5 / Chapter 4 / Section 36-1.5-4-7
Budgets, tax rates, and tax levies; deadline for certification; election districts
Status: in_force

Sec. 7. (a) In the year before the year in which the participating political subdivisions are reorganized under this chapter:

(1) subject to subsection (b), the fiscal bodies of the reorganizing political subdivisions shall, in the manner provided by IC 6-1.1-17, adopt tax levies, tax rates, and a budget for the reorganized political subdivision either through the adoption of substantially identical resolutions adopted by each of the fiscal bodies or, if authorized in the plan of reorganization, through a joint board established under an agreement of the fiscal bodies on which the members of each of the fiscal bodies are represented; and

(2) if the reorganized political subdivision will have elected offices and different election districts than any of the reorganizing political subdivisions, the legislative bodies of the reorganizing political subdivisions shall establish the election districts either through the adoption of substantially identical resolutions adopted by each of the legislative bodies or, if authorized in the plan of reorganization, through a joint board established under an agreement of the legislative bodies on which the members of each of the legislative bodies are represented.

(b) This subsection applies to two (2) or more school corporations that participate in a reorganization in which the voters approve a plan of reorganization in a general election and the plan of reorganization provides for the reorganization to become effective for property taxes first due and payable in the immediately following calendar year. The participating school corporations may publish notices, hold public hearings, and take final action for the adoption of property tax levies, property tax rates, and a budget for the reorganized school corporation after the voters approve the plan of reorganization. The alternative schedule must comply with the following:

(1) Each participating school corporation shall give notice by publication to taxpayers of:

(A) the estimated budget;

(B) the estimated maximum permissible levy;

(C) the current and proposed tax levies of each fund; and

(D) the amounts of excessive levy appeals to be requested;

for the ensuing year as set forth in subsection (c).

(2) Each participating school corporation must conduct a public hearing on the proposed tax levies, tax rates, and budget at least ten (10) days before the date the participating school corporation adopts the proposed tax levies, tax rates, and budget.

(3) The governing body of each participating school corporation must meet to fix the tax levies, tax rates, and budget for the ensuing year before December 6 of the year the public question is approved by the voters.

(4) The county auditor shall certify the adopted property tax levies, property tax rates, and budget for the reorganized school corporation to the department of local government finance before December 8 in the year in which the public question is approved by the voters.

Subject to subsection (d), the department of local government finance may adjust any other applicable time limit specified in IC 6-1.1-17 to be consistent with this section.

(c) The notice under subsection (b)(1) must be published two (2) times:

(1) with each publication of notice in a newspaper in accordance with IC 5-3-1; or

(2) with the first publication of notice in a newspaper described in subdivision (1) and the second publication of notice:

(A) in accordance with IC 5-3-5; and

(B) on the official web site of each participating school corporation.

The first publication of notice must be at least ten (10) days before the date fixed for the public hearing and the last publication of notice must be not later than November 24 of the year the public question is approved by the voters.

(d) The department of local government finance is expressly directed to complete the duties assigned to it under IC 6-1.1-17-16 with respect to the submitted property tax levies, property tax rates, and budget as follows:

(1) For each budget year before 2019, not later than February 15 of that budget year.

(2) For each budget year after 2018, not later than December 31 of the year preceding that budget year, unless a taxing unit in a county is issuing debt after December 1 in the year preceding the budget year or intends to file a shortfall appeal under IC 6-1.1-18.5-16.

(3) For each budget year after 2018, not later than January 15 of the budget year if a taxing unit in a county is issuing debt after December 1 in the year preceding the budget year or intends to file a shortfall appeal under IC 6-1.1-18.5-16.

(e) If a school is converted into a charter school under IC 20-24-11, the charter school must, before December 1 of each year, publish its estimated annual budget for the ensuing year in accordance with IC 5-3-1.

As added by P.L.186-2006, SEC.4. Amended by P.L.26-2012, SEC.1; P.L.184-2016, SEC.28; P.L.152-2021, SEC.38.
Ind. Code § 36-7.5-4.5-14 — Indiana Code / Title 36 / Article 7.5 / Chapter 4.5 / Section 36-7.5-4.5-14
"State income tax increment revenue"
Status: in_force

Sec. 14. (a) As used in this chapter, "state income tax increment revenue" means the remainder of:

(1) the aggregate amount of state adjusted gross income taxes paid or remitted for a calendar year with respect to:

(A) wages and salary earned for work in the territory comprising a district; and

(B) income earned by residents living within the district; minus

(2) the state income tax base period amount.

(b) If an individual is a resident of one (1) district and is employed within another district during a calendar year, the state income tax for the individual shall be attributed to the district in which the individual resides.

As added by P.L.248-2017, SEC.10. Amended by P.L.236-2023, SEC.193.
Ind. Code § 36-7.5-3-1 — Indiana Code / Title 36 / Article 7.5 / Chapter 3 / Section 36-7.5-3-1
Duties
Status: in_force

Sec. 1. The development authority shall do the following:

(1) Subject to sections 1.5 and 1.7 of this chapter, assist in the coordination of local efforts concerning projects.

(2) Assist a commuter transportation district, an airport authority, a regional transportation authority, and a regional bus authority in coordinating regional transportation and economic development efforts.

(3) Subject to sections 1.5 and 1.7 of this chapter, fund projects as provided in this article.

(4) Fund bus services (including fixed route services and flexible or demand-responsive services) and projects related to bus services and bus terminals, stations, or facilities.

As added by P.L.214-2005, SEC.73. Amended by P.L.47-2006, SEC.59; P.L.197-2011, SEC.151; P.L.192-2015, SEC.11; P.L.189-2018, SEC.168; P.L.114-2022, SEC.37.
Ind. Code § 36-8-19-8.5 — Indiana Code / Title 36 / Article 8 / Chapter 19 / Section 36-8-19-8.5
Equipment replacement fund; property tax levy; maximum property tax rate
Status: in_force

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

Sec. 8.5. (a) Participating units may agree to establish an equipment replacement fund under this section to be used to purchase fire protection equipment, including housing, that will be used to serve the entire territory. To establish the fund, the legislative bodies of each participating unit must adopt an ordinance (in the case of a county or municipality) or a resolution (in the case of a township or fire protection district), and the following requirements must be met:

(1) The ordinance or resolution is identical to the ordinances and resolutions adopted by the other participating units under this section.

(2) Before adopting the ordinance or resolution, each participating unit must comply with the notice and hearing requirements of IC 6-1.1-41-3.

(3) The ordinance or resolution authorizes the provider unit to establish the fund.

(4) The ordinance or resolution includes at least the following:

(A) The name of each participating unit and the provider unit.

(B) An agreement to impose a uniform tax rate upon all of the taxable property within the territory for the equipment replacement fund.

(C) The contents of the agreement to establish the fund.

An ordinance or a resolution adopted under this section takes effect as provided in IC 6-1.1-41.

(b) If a fund is established, the participating units may agree to:

(1) impose a property tax to provide for the accumulation of money in the fund to purchase fire protection equipment;

(2) incur debt to purchase fire protection equipment and impose a property tax to retire the loan; or

(3) transfer an amount from the fire protection territory fund to the fire equipment replacement fund not to exceed five percent (5%) of the levy for the fire protection territory fund for that year;

or any combination of these options.

(c) The property tax rate for the levy imposed under this section may not exceed three and thirty-three hundredths cents ($0.0333) per one hundred dollars ($100) of assessed value. Before debt may be incurred, the fiscal body of a participating unit must adopt an ordinance (in the case of a county or municipality) or a resolution (in the case of a township or fire protection district) that specifies the amount and purpose of the debt. The ordinance or resolution must be identical to the other ordinances and resolutions adopted by the participating units. Except as provided in subsection (d), if debt is to be incurred for the purposes of a fund, the provider unit shall negotiate for and hold the debt on behalf of the territory. However, the participating units and the provider unit of the territory are jointly liable for any debt incurred by the provider unit for the purposes of the fund. The most recent adjusted value of taxable property for the entire territory must be used to determine the debt limit under IC 36-1-15-6. A provider unit shall comply with all general statutes and rules relating to the incurrence of debt under this subsection.

(d) A participating unit of a territory may, to the extent allowed by law, incur debt in the participating unit's own name to acquire fire protection equipment or other property that is to be owned by the participating unit. A participating unit that acquires fire protection equipment or other property under this subsection may afterward enter into an interlocal agreement under IC 36-1-7 with the provider unit to furnish the fire protection equipment or other property to the provider unit for the provider unit's use or benefit in accomplishing the purposes of the territory. A participating unit shall comply with all general statutes and rules relating to the incurrence of debt under this subsection.

(e) Money in the fund may be used by the provider unit only for those purposes set forth in the agreement among the participating units that permits the establishment of the fund.

(f) The requirements and procedures specified in IC 6-1.1-41 concerning the establishment or reestablishment of a cumulative fund, the imposing of a property tax for a cumulative fund, and the increasing of a property tax rate for a cumulative fund apply to:

(1) the establishment or reestablishment of a fund under this section;

(2) the imposing of a property tax for a fund under this section; and

(3) the increasing of a property tax rate for a fund under this section.

(g) Notwithstanding IC 6-1.1-18-12, if a fund established under this section is reestablished in the manner provided in IC 6-1.1-41, the property tax rate imposed for the fund in the first year after the fund is reestablished may not exceed three and thirty-three hundredths cents ($0.0333) per one hundred dollars ($100) of assessed value.

As added by P.L.326-1995, SEC.3. Amended by P.L.36-2000, SEC.10; P.L.90-2002, SEC.500; P.L.256-2003, SEC.39; P.L.47-2007, SEC.4; P.L.255-2013, SEC.16; P.L.203-2016, SEC.25; P.L.255-2017, SEC.47.
Ind. Code § 36-7-11.3-25 — Indiana Code / Title 36 / Article 7 / Chapter 11.3 / Section 36-7-11.3-25
Regular meetings
Status: in_force

Sec. 25. (a) The rules and regulations of the commission must specify a particular time on a particular day of the week in a particular week of the month for holding regular meetings to consider any matters properly coming before the commission. Except as provided in subsection (b), the commission shall regularly meet at the designated time if there is any matter requiring consideration or determination as specified in this chapter.

(b) The commission may designate in the rules and regulations July or August as a vacation month during which the commission will not hold a regular meeting despite the existence of matters requiring consideration or determination. A person desiring the commission to consider or determine any matter that is within the commission's jurisdiction under this chapter must, at least thirty (30) days before a regular meeting date of the commission upon which the person desires the commission to determine or consider the matter, file with the commission a petition that does the following:

(1) Specifies in detail the matter the petitioner desires the commission to consider or determine.

(2) Requests that the matter be placed upon the commission's docket for matters to be considered and determined at the meeting.

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

As added by P.L.1-1995, SEC.84.
Ind. Code § 36-3-4-4 — Indiana Code / Title 36 / Article 3 / Chapter 4 / Section 36-3-4-4
City-county legislative body; expulsion of member; declaration of vacancy; rules
Status: in_force

Sec. 4. The city-county legislative body may:

(1) expel any member for violation of an official duty;

(2) declare the seat of any member vacant if the member is unable or fails to perform the duties of the member's office; and

(3) adopt its own rules to govern proceedings under this section.

However, a two-thirds (2/3) vote is required to expel a member or vacate the member's seat.

[Pre-Local Government Recodification Citation: 18-1-3-5 part.]

As added by Acts 1980, P.L.212, SEC.2. Amended by P.L.127-2017, SEC.112; P.L.159-2025, SEC.7; P.L.23-2026, SEC.285.
Ind. Code § 36-9-11.1-3 — Indiana Code / Title 36 / Article 9 / Chapter 11.1 / Section 36-9-11.1-3
Definitions
Status: in_force

Sec. 3. As used in this chapter:

"Board" refers to the board of transportation of the consolidated city, subject to IC 36-3-4-23.

"Department" refers to the department of transportation of the consolidated city, subject to IC 36-3-4-23.

As added by Acts 1982, P.L.77, SEC.13.
Ind. Code § 36-8-25-5 — Indiana Code / Title 36 / Article 8 / Chapter 25 / Section 36-8-25-5
T-CPR training requirements
Status: in_force

Sec. 5. (a) Except as provided in section 11 of this chapter, after June 30, 2020, a public safety telecommunicator must successfully complete, at least every two (2) years, a T-CPR training program that meets or exceeds evidence based nationally recognized emergency cardiovascular care guidelines adopted by the division. A T-CPR training program shall include:

(1) recognition protocols for out of hospital cardiac arrest; and

(2) compression only cardiopulmonary resuscitation instructions for telephone callers.

(b) The department shall establish T-CPR training continuing education requirements for public safety telecommunicators.

As added by P.L.54-2019, SEC.4. Amended by P.L.187-2021, SEC.155.
Ind. Code § 36-3-4-10 — Indiana Code / Title 36 / Article 3 / Chapter 4 / Section 36-3-4-10
Ordinance or resolution; majority vote; two-thirds vote
Status: in_force

Sec. 10. (a) A requirement that an ordinance or resolution of a legislative body be passed by a majority vote means at least a majority vote of all the elected members.

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

[Pre-Local Government Recodification Citations: 18-4-5-1(f) part; 18-1-3-2 part.]

As added by Acts 1980, P.L.212, SEC.2.
Ind. Code § 36-2-14-17 — Indiana Code / Title 36 / Article 2 / Chapter 14 / Section 36-2-14-17
Violent or suspicious death of person; failure to notify authorities of discovery of body or moving body from scene; offenses
Status: in_force

Sec. 17. (a) A person who knowingly or intentionally fails to immediately notify the coroner or a law enforcement agency of the discovery of the body of a person who:

(1) has died from violence;

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

(3) has died at less than three (3) years of age;

commits a Class B infraction. However, the failure to immediately notify under this subsection is a Class A misdemeanor if the person fails to immediately notify with the intent to hinder a criminal investigation.

(b) A person who, with the intent to hinder a criminal investigation and without the permission of the coroner or a law enforcement officer, knowingly or intentionally alters the scene of death of a person who has died:

(1) from violence; or

(2) in an apparently suspicious, unusual, or unnatural manner;

commits a Level 6 felony.

As added by P.L.339-1987, SEC.2. Amended by P.L.225-2007, SEC.16; P.L.158-2013, SEC.674.
Ind. Code § 36-9-27-52 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-52
Reconstruction of drains; notice and hearing on county surveyor's report and schedules; objections; final order
Status: in_force

Sec. 52. (a) When the schedules of damages and assessments are completed and marked filed, the board shall fix a date, time, and place for a hearing on the reconstruction report of the county surveyor and on the schedules of damages and assessments, and shall prepare a notice for each owner of land affected by the reconstruction. The notice must state:

(1) the name and identifying number by which the proposed reconstruction is known;

(2) that the reconstruction report of the county surveyor and the schedules of damages and benefits as determined by the board have been filed and are available for inspection in the office of the surveyor;

(3) that the land of the owner is shown by the schedule of damages to be damaged in the sum of ______ dollars;

(4) that the land of the owner is shown by the schedule of assessments to be assessed ______ percent of the total cost of reconstruction, and that ______ percent of the estimated total cost of the reconstruction is in the sum of _______ dollars;

(5) that the land of the owner is shown by the schedule of assessments to be annually assessed in the sum of _______ dollars for estimated periodic maintenance of the reconstruction; and

(6) the date, hour, and place of the hearing on the surveyor's reconstruction report and on the schedules of damages and assessments.

(b) Not less than thirty (30) nor more than forty (40) days before the date of the hearing, the board shall mail a copy of the notice in a five (5) day return envelope to each owner named in the schedules of damages and assessments.

(c) The board shall publish a notice in accordance with IC 5-3-1. The notice must:

(1) identify the proposed reconstruction;

(2) be addressed to whom it may concern and to the addressee on each letter that was mailed under subsection (b) and was returned undelivered; and

(3) state that:

(A) the reconstruction report of the county surveyor and the schedules of damages and assessments made by the board have been filed and are available for public inspection in the office of the county surveyor; and

(B) a hearing will be held before the board on the report and schedules, specifying the time and place of hearing.

(d) Not less than five (5) days before the board's hearing on a reconstruction report, an owner of lands affected by the report or by the schedules of damages and assessments may file with the board written objections to the report, schedules, or both. The objections may be for one (1) or more of the following causes:

(1) The costs, damages, and expenses of the proposed reconstruction will exceed the benefits that will result to the owners of all land benefited.

(2) The objector is the owner of land assessed as benefited, and the benefits assessed against the objector's land are excessive.

(3) The objector is the owner of land damaged by the reconstruction, and:

(A) the board failed to find that the objector's land is damaged; or

(B) the damages assessed to the objector's land are inadequate.

Each objector may file written evidence in support of the objector's objections. The failure of an owner to file objections constitutes a waiver of the owner's right to subsequently object, on the grounds stated in this subsection, to any final action of the board.

(e) On or before the day of the hearing, the county surveyor shall, and any owner of land affected by the proposed reconstruction may, cause written evidence to be filed in support of or in rebuttal to any objection filed under subsection (d).

(f) The board shall consider the objections and evidence filed, may adjourn the hearing from day to day or to a day certain, and may issue an order permitting additional written evidence to be filed in support of or in rebuttal to the objections and evidence previously filed.

(g) After considering all of the objections and evidence, the board may amend the schedules of damages and assessments, and the county surveyor may modify the county surveyor's report, as justice may require.

(h) Before final adjournment of the hearing, the board shall determine in writing whether the costs, damages, and expenses of the proposed reconstruction will be less than the benefits accruing to the owners of land benefited by the construction. If the board answers this question in the negative, it shall dismiss the proceedings. If the board answers the question in the affirmative, it shall adopt the reconstruction report of the county surveyor and the schedule of damages and assessments, including annual assessments for periodic maintenance, as originally filed or as amended, into its findings, and issue an order declaring the proposed reconstruction established. The board shall mark the findings and order filed and publicly announce the findings and order at the hearing. Immediately after that, the board shall publish a notice in accordance with IC 5-3-1. The notice must identify the drainage proceedings and state that the findings and order of the board have been filed and are available for inspection in the office of the surveyor.

(i) If judicial review of the findings and order of the board is not requested under section 106 of this chapter within twenty (20) days after the date of publication of the notice, the findings and order become conclusive.

[Pre-Local Government Recodification Citations: 19-4-3-3; 19-4-3-4; 19-4-3-5; 19-4-3-6.]

As added by Acts 1981, P.L.309, SEC.101. Amended by Acts 1981, P.L.45, SEC.78; P.L.180-1995, SEC.6; P.L.127-2017, SEC.342.
Ind. Code § 36-1-2-19 — Indiana Code / Title 36 / Article 1 / Chapter 2 / Section 36-1-2-19
"Statute"
Status: in_force

Sec. 19. "Statute" means a law enacted by the general assembly.

[Local Government Recodification Citation: New.]

As added by Acts 1980, P.L.211, SEC.1.
Ind. Code § 36-7-27-18 — Indiana Code / Title 36 / Article 7 / Chapter 27 / Section 36-7-27-18
Information required to be disclosed by employers
Status: in_force

Sec. 18. Upon request of the department, employers in the tax area shall provide the department with:

(1) the names and addresses of all persons employed by the employer in the tax area;

(2) information concerning the wages earned by the persons for work in the tax area; and

(3) any other information the department requires to administer this chapter.

As added by P.L.42-1994, SEC.13.
Ind. Code § 36-1-30.5-1 — Indiana Code / Title 36 / Article 1 / Chapter 30.5 / Section 36-1-30.5-1
Definitions
Status: in_force

Sec. 1. The definitions in IC 5-36-1 apply throughout this chapter.

As added by P.L.49-2026, SEC.16.
Ind. Code § 36-8-7-12.3 — Indiana Code / Title 36 / Article 8 / Chapter 7 / Section 36-8-7-12.3
Members dying in line of duty before September 1, 1982
Status: in_force

Sec. 12.3. (a) This section applies to a member who died in the line of duty (as defined in section 12.4 of this chapter) before September 1, 1982.

(b) If a member of the fire department or a retired member of the 1937 fund dies and leaves:

(1) a surviving spouse;

(2) a child or children less than eighteen (18) years of age;

(3) a child or children at least eighteen (18) years of age who are mentally or physically incapacitated; or

(4) a child or children less than twenty-three (23) years of age who are:

(A) enrolled in and regularly attending a secondary school; or

(B) full-time students at an accredited college or university;

the local board shall authorize the payment to the surviving spouse and to the child or children of the amount from the fund as prescribed by this section. If the surviving spouse of a deceased member remarried before September 1, 1983, and pension benefits ceased on the date of remarriage, the benefits for the surviving spouse shall be reinstated on July 1, 1997, and continue during the life of the surviving spouse. If the pension of the surviving spouse of a deceased member has ceased by virtue of the spouse's remarriage, and if the person to whom the spouse has remarried was a retired member of the fire department who was also entitled to a pension, then upon the death of the member to whom the spouse had remarried, the spouse is entitled to receive a pension as the surviving spouse of a deceased member as though the spouse had not been remarried.

(c) If a deceased member of the fire department leaves no surviving spouse or children but leaves a dependent parent, and upon satisfactory proof that the parent was wholly dependent upon the deceased member, the local board shall authorize the monthly payment to the parent from the 1937 fund that is prescribed by this section.

(d) If a member dies while in active service:

(1) the surviving spouse is entitled to receive an amount fixed by ordinance but not less than thirty percent (30%) of the salary of a fully paid first class firefighter in the unit at the time of the payment of the pension;

(2) the member's children who are:

(A) less than eighteen (18) years of age; or

(B) less than twenty-three (23) years of age if the children are enrolled in and regularly attending a secondary school or are full-time students at an accredited college or university;

are each entitled to receive an amount fixed by ordinance but not less than twenty percent (20%) of the salary of a fully paid first class firefighter in the unit at the time of the payment of the pension; and

(3) each parent of a deceased member who was eligible for a pension is entitled to receive jointly an amount equal to thirty percent (30%) of the salary of a fully paid first class firefighter in the unit at the time of the payment of the pension.

If the local board finds upon the submission of satisfactory proof that a child eighteen (18) years of age or older is mentally or physically incapacitated, is not a ward of the state, and is not receiving a benefit under subdivision (2)(B), the child is entitled to receive the same amount as is paid to the surviving spouse of a deceased firefighter as long as the mental or physical incapacity continues. A sum paid for the benefit of a child or children shall be paid to the remaining parent, if alive, as long as the child or children reside with and are supported by the parent. If the parent dies, the sum shall be paid to the lawful guardian of the child or children.

(e) The monthly pension payable to a survivor may not be reduced below the amount of the first full monthly pension received by that person.

(f) A benefit payable under this section shall be paid in not less than twelve (12) monthly installments.

(g) The unit of local government that employed the deceased member shall after December 31, 2003, offer to provide and pay for health insurance coverage for the member's surviving spouse and for each natural child, stepchild, or adopted child of the member:

(1) until the child becomes eighteen (18) years of age;

(2) until the child becomes twenty-three (23) years of age if the child is enrolled in and regularly attending a secondary school or is a full-time student at an accredited college or university; or

(3) during the entire period of the child's physical or mental disability;

whichever period is longest. If health insurance coverage is offered by the unit to active members, the health insurance provided to a surviving spouse and child under this subsection must be equal in coverage to that offered to active members. The offer to provide and pay for health insurance coverage shall remain open for as long as there is a surviving spouse or as long as a natural child, stepchild, or adopted child of the member is eligible for the coverage under subdivision (1), (2), or (3).

As added by P.L.118-2000, SEC.13. Amended by P.L.86-2003, SEC.4.
Ind. Code § 36-1.5-4-23.5 — Indiana Code / Title 36 / Article 1.5 / Chapter 4 / Section 36-1.5-4-23.5
Failure to adopt reorganization plan; petition requesting a public question
Status: in_force

Sec. 23.5. This section does not apply to a final plan of reorganization that is adopted and rescinded by the legislative body of a political subdivision under section 27.5 of this chapter. If the legislative bodies of all political subdivisions that have been presented with (before January 1, 2014) an initial plan of reorganization prepared under section 18 of this chapter or that have prepared (after December 31, 2013) an initial plan of reorganization under section 18 of this chapter, have not adopted a final plan of reorganization within one (1) year after the initial plan of reorganization is presented, the registered voters of a political subdivision in which the initial plan of reorganization was presented to a legislative body (before January 1, 2014) or prepared by a legislative body (after December 31, 2013) but not adopted may submit a petition to the clerk of the circuit court approving a final plan of reorganization and requesting that a public question be held on the final plan of reorganization. The petition must be submitted not later than one hundred eighty (180) days after the date that is one (1) year after the initial plan of reorganization was presented to the legislative body (before January 1, 2014) or prepared by the legislative body (after December 31, 2013). A petition submitted after December 31, 2013, must meet the requirements of section 11(a)(3) of this chapter. In certifying the number of voters, the clerk shall disregard any signature on the petition that is dated under section 11(a)(3)(D) of this chapter more than one hundred eighty (180) days before the date the petition was filed with the clerk. If the petition is signed by at least ten percent (10%) of the voters of the political subdivision, as determined by the vote cast in the political subdivision for secretary of state at the most recent general election:

(1) the political subdivision is considered to have approved the holding of the public question on the final plan of reorganization, notwithstanding the vote by the legislative body rejecting the final plan of reorganization; and

(2) the clerk of the circuit court shall certify approval of the final plan of the reorganization and the holding of the public question in the manner specified in section 23 of this chapter.

As added by P.L.186-2006, SEC.4. Amended by P.L.202-2013, SEC.15.
Ind. Code § 36-7-2-5.5 — Indiana Code / Title 36 / Article 7 / Chapter 2 / Section 36-7-2-5.5
Removal or alteration of a sign as a condition of issuing a permit, license, or variance
Status: in_force

Sec. 5.5. A unit may not require that a lawfully erected sign be removed or altered as a condition of issuing:

(1) a permit;

(2) a license;

(3) a variance; or

(4) any other order concerning land use or development;

unless the owner of the sign is compensated in accordance with IC 32-24 or has waived the right to and receipt of damages in writing.

As added by P.L.163-2006, SEC.19.
Ind. Code § 36-7-40-6 — Indiana Code / Title 36 / Article 7 / Chapter 40 / Section 36-7-40-6
Imposition of special benefits assessment; apportionment of benefits; public hearing
Status: in_force

Sec. 6. (a) The board, after approval of the legislative body of the city and subject to section 13 of this chapter, may impose an annual special benefits assessment on all of the taxable real property of the economic enhancement district based on the relative benefits to be received by each type of property. The benefits accruing to parcels of real property within an economic enhancement district may be apportioned among those parcels on any basis reasonably representative of the diffusion of benefits from the economic enhancement projects, including but not limited to the following:

(1) Proximity of the parcel to the projects.

(2) Accessibility of the parcel to the projects.

(3) True cash value of the parcels.

(4) True cash value of any improvement on the parcel.

(5) Age of any improvement on the parcel.

(6) Other similar factors.

The apportionment of benefits under this subsection may be adjusted by zone or land use as provided in subsections (c) and (d).

(b) Upon determining the proposed assessment for each parcel, the board shall promptly mail notice to each owner of property to be assessed. This notice must:

(1) set forth the amount of the proposed special assessment;

(2) state that the proposed special assessment on each parcel of real property in the economic enhancement district is on file and may be seen in the board's office;

(3) set forth the time and place where the board will hold a public hearing to hear any owner of assessed real property regarding their proposed assessment; and

(4) state that the board, after hearing evidence, may decrease, or leave unchanged, the special assessment on any parcel.

The notices must be deposited in the mail not later than twenty (20) days before the hearing date. The notices to the owners must be addressed as the names and addresses appear on the tax duplicates and the records of the county auditor.

(c) If the benefit of the economic enhancement project varies from one (1) area to another within the economic enhancement district, up to three (3) zones may be established within the economic enhancement district to delineate the approximate difference in beneficial impact, and benefits may be apportioned accordingly.

(d) In order to encourage the retention or development of various land uses within the economic enhancement district, assessments may be adjusted according to the zoning classification of the property.

(e) Each special assessment is a lien on the real property that is assessed, second only to ad valorem property taxes levied on that property.

(f) After the public hearing is conducted under subsection (b), the board shall certify to the county auditor the schedule of special assessments of benefits. For purposes of providing substantiation of the deductibility of a special assessment for federal adjusted gross income tax purposes under Section 164 of the Internal Revenue Code, the board shall, to the extent practicable, supplement the schedule of special assessments provided to the county auditor with a statement that identifies the part of each special assessment that is allocable to interest, maintenance, and repair charges. If the board provides the county auditor with the statement, the county auditor shall show, on the tax statement, the part of the special assessment that is for interest and maintenance and repair items separately from the remainder of the special assessment.

(g) Not later than thirty (30) days after the county auditor receives the certification of final scheduled assessments for the completion of the economic enhancement projects, the county auditor shall deliver a copy of the certificate to the county treasurer. Each year, the county treasurer shall add the full annual assessment due in that year to the tax statements of the person owning the property affected by the assessment, designating it in a manner distinct from general taxes.

(h) The proceeds of the special benefits assessments shall be deposited into a special fund known as the economic enhancement district project fund, and shall be used by the board solely to finance economic enhancement projects in or directly serving or benefiting the economic enhancement district. Any money earned from investment of money in the fund becomes a part of the fund.

As added by P.L.201-2023, SEC.279.
Ind. Code § 36-9-40-6 — Indiana Code / Title 36 / Article 9 / Chapter 40 / Section 36-9-40-6
Incidental, inspection, and engineering costs as part of cost of construction
Status: in_force

Sec. 6. (a) The works board may add to the cost of construction of a system under this chapter and may include in the assessment against the property on which the system is constructed the incidental, inspection, and engineering costs that are authorized by the preliminary resolution and included in the estimate.

(b) The amount of incidental, inspection, and engineering costs included in the assessment may not exceed the amount of the incidental, inspection, and engineering costs included in the estimate.

As added by P.L.7-2002, SEC.1.
Ind. Code § 36-1-7-11 — Indiana Code / Title 36 / Article 1 / Chapter 7 / Section 36-1-7-11
Power to appropriate money and provide personnel, services, and facilities
Status: in_force

Sec. 11. An entity entering into an agreement under this chapter may:

(1) appropriate monies; and

(2) provide personnel, services, and facilities;

to carry out the agreement.

[Pre-Local Government Recodification Citations: 18-5-1-7; 18-5-1.5-4.]

As added by Acts 1980, P.L.211, SEC.1.
Ind. Code § 36-1-11-10.5 — Indiana Code / Title 36 / Article 1 / Chapter 11 / Section 36-1-11-10.5
Lease of a parkway strip, sidewalk, tree row, or verge
Status: in_force

Sec. 10.5. (a) This section applies only to property owned by a political subdivision that fronts and abuts real property assessed as commercial land under the real property assessment rules and guidelines of the department of local government finance. A disposing agent may proceed under this section in leasing the property.

(b) As used in this section, "property of the political subdivision" means real property owned by a political subdivision that extends from the curb or edge of a public street or roadway to the front of commercial property owned by a person. The term includes the following:

(1) A parkway strip, tree row, or verge.

(2) A sidewalk.

(c) A political subdivision may, by ordinance or resolution, authorize the lease of property of the political subdivision to the owner or property manager of the commercial property that abuts or fronts on the property:

(1) upon such terms as are agreed to between the political subdivision and the property owner or property manager, subject to subsection (d); and

(2) without competitive bidding.

(d) The following apply to a lease executed under this section:

(1) A lease may include an option to renew.

(2) A lease may not include an option to purchase.

(3) The property may not be leased to a person who is ineligible under section 16 of this chapter.

(4) Property owned by a political subdivision may be leased for a term longer than three (3) years, if the lease is approved by the fiscal body of the political subdivision.

(5) Upon execution of the lease, the property owner or property manager shall be responsible for the maintenance, control, and supervision of the property of the political subdivision, subject to the public's right to use a sidewalk on the property of the political subdivision as a walkway.

(6) The lessee shall assume the liability of the political subdivision for personal injuries and property damage to third parties occurring on the property during the lease period. A lease shall be conditioned upon the lessee maintaining insurance coverage on the leased property for public liability and property damage in an amount determined sufficient by the political subdivision.

(7) The lease must be recorded in the office of the recorder of the county where the property is located.

(e) A lease may not be entered into under this section unless the lease is authorized by an ordinance or resolution approved by at least a two-thirds (2/3) vote of the members of the fiscal body of the political subdivision.

As added by P.L.65-2020, SEC.1.
Ind. Code § 36-9-31-6 — Indiana Code / Title 36 / Article 9 / Chapter 31 / Section 36-9-31-6
Taxing units; ad valorem tax levies; user fee
Status: in_force

Sec. 6. The service district and the waste disposal district may impose ad valorem property tax levies for the purpose of paying for waste collection, or waste disposal. However, notwithstanding any other provision of this chapter, if a property tax is levied for waste collection, a user fee may not also be charged for waste collection or animal control.

As added by Acts 1982, P.L.77, SEC.27. Amended by P.L.73-1983, SEC.22; P.L.38-1984, SEC.6; P.L.85-1995, SEC.43; P.L.197-2016, SEC.152.
Ind. Code § 36-1-7-1 — Indiana Code / Title 36 / Article 1 / Chapter 7 / Section 36-1-7-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to the following:

(1) The state.

(2) All political subdivisions.

(3) All state agencies.

(4) Any of the following created or authorized by state law:

(A) Public instrumentalities.

(B) Public corporate bodies.

(5) Another state to the extent authorized by the law of that state.

(6) Political subdivisions of states other than Indiana, to the extent authorized by laws of the other states.

(7) Agencies of the federal government, to the extent authorized by federal laws.

(8) Indiana charter schools.

(9) A federally recognized Indian tribe, to the extent authorized by the law of the tribe.

[Pre-Local Government Recodification Citations: 17-4-18-3 part; 17-4-18-4 part; 18-5-1-3; 18-5-1-4(a) part; 18-5-1.5-2(a); 18-5-2-1 part; 19-5-25-1 part.]

As added by Acts 1980, P.L.211, SEC.1. Amended by P.L.5-1993, SEC.336; P.L.221-2007, SEC.24; P.L.38-2014, SEC.11; P.L.108-2019, SEC.244; P.L.26-2020, SEC.1.
Ind. Code § 36-7-14-33 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-33
Urban renewal projects; cooperation with public entities
Status: in_force

Sec. 33. (a) Any:

(1) political subdivision;

(2) other governmental entity;

(3) public instrumentality created by state law; or

(4) public body created by state law;

may, in the area in which it is authorized to act, do all things necessary to aid and cooperate in the planning and undertaking of an urban renewal project, including furnishing the financial and other assistance that it is authorized by this chapter to furnish for or in connection with a redevelopment plan or redevelopment project.

(b) The redevelopment commission may delegate to:

(1) an executive department of a unit or county;

(2) another governmental entity;

(3) a public instrumentality created by state law; or

(4) a public body created by state law;

any of the powers or functions of the commission with respect to the planning or undertaking of an urban renewal project in the area in which that department, entity, public instrumentality, or public body is authorized to act. The department, entity, public instrumentality, or public body may then carry out or perform those powers or functions for the commission.

(c) A unit, another governmental entity, a public instrumentality created by state law, or a public body created by state law may enter into agreements with the redevelopment commission or any other entity respecting action to be taken under this chapter, including the furnishing of funds or other assistance in connection with an urban renewal plan or urban renewal project. These agreements may extend over any period, notwithstanding any other law.

[Pre-Local Government Recodification Citations: 18-7-7-32; 18-7-7.1-32.]

As added by Acts 1981, P.L.309, SEC.33. Amended by P.L.221-2007, SEC.39.
Ind. Code § 36-8-5-6 — Indiana Code / Title 36 / Article 8 / Chapter 5 / Section 36-8-5-6
Military leaves; salary appropriations for absent employees
Status: in_force

Sec. 6. A municipality shall make a sufficient appropriation in its salary personnel budget appropriations for the police and fire departments for all members on temporary leave of absence under section 3 of this chapter. The personnel budget may not be reduced so as to make it impossible to absorb members who have returned from temporary leave.

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

As added by Acts 1981, P.L.309, SEC.54.
Ind. Code § 36-7-14-44.2 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-44.2
Repealed
Status: repealed

As added by P.L.25-1995, SEC.87. Amended by P.L.4-2005, SEC.136. Repealed by P.L.53-2014, SEC.148.
Ind. Code § 36-12-1-2 — Indiana Code / Title 36 / Article 12 / Chapter 1 / Section 36-12-1-2
"Indiana library and historical board"
Status: in_force

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

Sec. 2. "Indiana library and historical board" refers to the Indiana library and historical board established by IC 4-23-7-2.

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

As added by P.L.1-2005, SEC.49.
Ind. Code § 36-12-13-5 — Indiana Code / Title 36 / Article 12 / Chapter 13 / Section 36-12-13-5
Effect of compact after notice of repeal
Status: in_force

Sec. 5. A compact continues in force and remains binding on each party state until six (6) months after a state has given notice of repeal by the legislature. The repeal of an interstate library compact chapter does not relieve any party to an interstate library compact agreement from the obligation of that agreement before the end of the compact's stipulated period of duration.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-11-5.]

As added by P.L.1-2005, SEC.49.
Ind. Code § 36-7.5-7-2 — Indiana Code / Title 36 / Article 7.5 / Chapter 7 / Section 36-7.5-7-2
"Convention center authority"
Status: in_force

Sec. 2. As used in this chapter, "convention center authority" refers to the Lake County convention center authority established under section 9 of this chapter.

As added by P.L.195-2023, SEC.7.
Ind. Code § 36-8-10-10.4 — Indiana Code / Title 36 / Article 8 / Chapter 10 / Section 36-8-10-10.4
County police force; preference for employment
Status: in_force

Sec. 10.4. (a) Subject to subsection (c), the board 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 may give a preference for employment to any of the following:

(1) A member of another department laid off under section 11.1 of this chapter.

(2) A police officer laid off by a city under IC 36-8-4-11.

(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 department.

As added by P.L.95-2003, SEC.2. Amended by P.L.110-2010, SEC.36; P.L.238-2025, SEC.96; P.L.94-2026, SEC.90.
Ind. Code § 36-4-2-15 — Indiana Code / Title 36 / Article 4 / Chapter 2 / Section 36-4-2-15
Terms of office of elective and appointed officers of merging municipalities
Status: in_force

Sec. 15. The terms of office of elective and appointive officers of municipalities merging under this chapter are not shortened by the merger. The officers shall serve out the respective terms of office to which they have been elected or appointed at the time of the election on the proposed merger.

[Pre-Local Government Recodification Citation: 18-5-10-14 part.]

As added by Acts 1980, P.L.212, SEC.3.
Ind. Code § 36-7-5.1-3 — Indiana Code / Title 36 / Article 7 / Chapter 5.1 / Section 36-7-5.1-3
Advisory planning law; application
Status: in_force

Sec. 3. The advisory planning law portions of IC 36-7-4 apply to a commission and a joint district insofar as the advisory planning law portions of IC 36-7-4 are not inconsistent with this chapter, even if the county in which a joint district is located has adopted any part of the area planning law under IC 36-7-4.

As added by P.L.300-1989, SEC.2.
Ind. Code § 36-9-27-80 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-80
Subcontracts
Status: in_force

Sec. 80. A person who enters into a contract with the board under section 78 or 79 of this chapter may not subcontract any part of the contract without the written consent of the board. The board may withhold its consent only for good cause.

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

As added by Acts 1981, P.L.309, SEC.101.
Ind. Code § 36-10-7.5-18 — Indiana Code / Title 36 / Article 10 / Chapter 7.5 / Section 36-10-7.5-18
Special nonreverting capital fund
Status: in_force

Sec. 18. (a) Upon the request of the executive, the fiscal body of the township may establish by resolution a special nonreverting capital fund for the purposes of acquiring land or making specific capital improvements. The fiscal body may include in the department's annual budget an item and an appropriation for these specific purposes.

(b) Money placed in the special nonreverting capital fund may not be withdrawn except for the purposes for which the fund was created, unless the fiscal body repeals the resolution. The fiscal body may not repeal the resolution under suspension of the rules.

As added by P.L.157-1991, SEC.15.
Ind. Code § 36-7-11.2-66 — Indiana Code / Title 36 / Article 7 / Chapter 11.2 / Section 36-7-11.2-66
Dissolution of commission
Status: in_force

Sec. 66. (a) The city-county legislative body may dissolve the commission under this section. Upon dissolution, this chapter ceases to have any force or effect, except with respect to actions previously commenced under section 62 of this chapter.

(b) At least one hundred fifty (150) owners of Meridian Street property or owners of fifty-one percent (51%) of Meridian Street property, whichever is less, may commence a proceeding to dissolve the commission by presenting a petition to do so to the city-county legislative body and by filing a duplicate of the petition with the commission. For purposes of a petition all of the persons having a legal or equitable interest in one (1) parcel of Meridian Street property are considered in the aggregate to be the single owner. For purposes of a petition one (1) parcel of Meridian Street property is considered to include at least two (2) contiguous parcels if the parcels are owned directly or indirectly by the same person. A person is considered an indirect owner of a contiguous parcel if the parcel is owned as follows:

(1) Jointly with another person.

(2) By the person with the person's spouse in tenancy by the entireties.

(3) Directly or indirectly by the person's spouse.

(4) By a child or grandchild, natural or adopted, unless the child or grandchild is the fee owner and an occupant of the parcel.

(5) By a trust or an estate of which:

(A) the person is a trustee, an executor, or an administrator; or

(B) the person is empowered to direct the disposition of the parcel.

(6) By a partnership of which the person is a limited or general partner.

(7) By a corporation of which:

(A) the person;

(B) the person's spouse;

(C) the person's children or grandchildren, natural or adopted;

(D) a trust or an estate described in subdivision (5); or

(E) a partnership described in subdivision (6);

owns at least fifty percent (50%) of the voting stock.

(c) A petition presented to the city-county legislative body must state fully and precisely the grounds upon which the petitioners rely in seeking dissolution of the commission. The petition must, with respect to each of the petitioning owners, state accurately and completely the following:

(1) The street address and the legal description of the property owned.

(2) The names, addresses, and precise interest in the property of each person who with any other person constitutes the owner for purposes of this section. Each owner must sign the petition and acknowledge the execution before an officer legally entitled to take acknowledgements. If one (1) person signs a petition for or on behalf of another person, the individual signing must establish in a writing filed with the petition the power and authority to act for the person. A writing may include the following:

(A) For a corporation, a certified copy of a resolution by the board of directors specifically authorizing the person to execute the petition.

(B) For an individual, an executed and acknowledged power of attorney.

(C) For a partnership, a certificate of authorization executed and acknowledged by each partner.

(D) For an estate, a certified copy of a court order authorizing the action.

(E) For a trust, a certified copy of the trust instrument showing the authorization.

(d) Not later than ten (10) days after presenting a petition to the city-county legislative body, the petitioning owners shall serve notice of the petition upon all interested parties, except the petitioning owners. For purposes of the notice all parcels of Meridian Street property are considered, in the aggregate, to be the subject property. The notice must specify the following:

(1) The date of presentation.

(2) The names of the petitioning owners.

(3) The street address of the property of which each is the owner.

(e) The city-county legislative body may not consider a petition until more than sixty (60) days have elapsed since the date of presentation and shall at all times make the petition available for examination by any person. The city-county legislative body shall, not less than ten (10) days before the date of the meeting at which the city-county legislative body proposes to consider the petition, do the following:

(1) Give public notice.

(2) Serve notice upon each neighborhood association and the commission.

(f) Before taking action on a petition, the city-county legislative body shall permit the petitioning owners and all parties appearing in opposition to the petition to have a full and adequate hearing.

(g) If the city-county legislative body dissolves the commission by resolution, the action is void unless the following conditions are met:

(1) The petitioning owners have complied fully with this section.

(2) The city-county legislative body's action is based upon a competent, substantial, and convincing showing that the continued existence of the commission and the continued operation of this chapter will not with any likelihood or to any significant degree accomplish purposes for which this chapter was enacted. In taking action the city-county legislative body may not consider testimony, argument, or other showing that continued existence of the commission or continued effectiveness of this chapter promotes or will promote continued single or double family dwelling residential usage of Meridian Street property at the expense of the value the property would or might otherwise have if freed from the restrictions of this chapter on commercial and multiple family residential development or usage of the property.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-22.]

As added by P.L.1-1995, SEC.83.
Ind. Code § 36-7.6-1-5 — Indiana Code / Title 36 / Article 7.6 / Chapter 1 / Section 36-7.6-1-5
"Commuter transportation district"
Status: in_force

Sec. 5. "Commuter transportation district" refers to a commuter transportation district established under IC 8-5-15.

As added by P.L.232-2007, SEC.7.
Ind. Code § 36-9-25-11.3 — Indiana Code / Title 36 / Article 9 / Chapter 25 / Section 36-9-25-11.3
Procedure for setting fees in certain districts
Status: in_force

Sec. 11.3. (a) This section applies to:

(1) a board and district created under section 3(b)(2) of this chapter; and

(2) a board and district to which the following apply:

(A) The district is within the jurisdiction of a department established under section 1(a)(2) of this chapter.

(B) The district is under an order or party to an agreement with one (1) or more state or federal agencies to remediate environmental conditions.

(b) For purposes of this section, "commission" refers to the Indiana utility regulatory commission created by IC 8-1-1-2.

(c) For purposes of this section, "fees" means fees:

(1) for the treatment and disposal of sewage and other waste discharged into the sewer system of the district; and

(2) related to property that is subject to full taxation.

(d) Fees do not take effect until the fees are:

(1) approved by the board; and

(2) either:

(A) approved in an ordinance adopted by the legislative body of each municipality in the district; or

(B) established by the commission under this section.

(e) Not earlier than thirty (30) days after fees are approved under subsection (d)(1), the board may petition the commission to establish the fees under:

(1) the procedures set forth in IC 8-1-2; and

(2) subsection (f).

(f) The commission shall observe the following requirements when establishing fees for a district:

(1) Fees must be sufficient to enable the district to furnish reasonably adequate services and facilities.

(2) Fees for a service must be nondiscriminatory, reasonable, and just and must produce sufficient revenue, together with taxes levied under this chapter, to do the following:

(A) Pay all legal and other necessary expenses incident to the operation of the utility, including the following:

(i) Maintenance costs.

(ii) Operating charges.

(iii) Upkeep.

(iv) Repairs.

(v) Depreciation.

(vi) Interest charges on bonds or other obligations, including leases.

(B) Provide a sinking fund for the liquidation of bonds or other obligations, including leases.

(C) Provide a debt service reserve for bonds or other obligations, including leases, in an amount established by the board. The amount may not exceed the maximum annual debt service on the bonds or obligations or the maximum annual lease rentals, if any.

(D) Provide adequate money for working capital.

(E) Provide adequate money for making extensions and replacements to the extent not provided for through depreciation in clause (A).

(F) Provide money for the payment of taxes that may be assessed against the district.

(3) The fees charged by the district must produce an income sufficient to maintain district property in a sound physical and financial condition to render adequate and efficient service. Fees may not be too low to meet these requirements.

(4) If the board petitions the commission under subsection (e), the fees established must produce a reasonable return on the sanitary district facilities.

(5) Fees other than fees established for a municipally owned utility taxed under IC 6-1.1-8-3 must be sufficient to compensate the municipality for taxes that would be due the municipality on the utility property located in the municipality if the property were privately owned.

(6) The commission must grant a request by the board to postpone an increase in fees until after the occurrence of a future event.

(g) The board may transfer fees in lieu of taxes established under subsection (f)(5) to the general fund of the appropriate municipality.

(h) Fees established by the commission under this section take effect to the same extent as if the fees were approved by an ordinance adopted by the legislative body of each municipality in the district.

As added by P.L.175-2006, SEC.24. Amended by P.L.160-2020, SEC.10.
Ind. Code § 36-7-18-43 — Indiana Code / Title 36 / Article 7 / Chapter 18 / Section 36-7-18-43
Repealed
Status: repealed

[Pre-Local Government Recodification Citation: 18-7-11-22.]

As added by Acts 1981, P.L.309, SEC.37. Amended by P.L.12-1983, SEC.22. Repealed by P.L.41-1987, SEC.22.
Ind. Code § 36-7.5-2-2 — Indiana Code / Title 36 / Article 7.5 / Chapter 2 / Section 36-7.5-2-2
Power in eligible counties and eligible municipalities
Status: in_force

Sec. 2. The development authority may carry out its powers and duties under this article in the following:

(1) An eligible county.

(2) An eligible municipality.

As added by P.L.214-2005, SEC.73. Amended by P.L.182-2009(ss), SEC.422.
Ind. Code § 36-2-17-13 — Indiana Code / Title 36 / Article 2 / Chapter 17 / Section 36-2-17-13
Bond for guardian, administrator, or executor destroyed; new bond; liability of surety on destroyed bond
Status: in_force

Sec. 13. A guardian, administrator, or executor whose official bond is destroyed in a general destruction of a county's records shall file a new bond with the proper officer within three (3) months after the bond is destroyed. The liability on the new bond commences with its filing in the proper office. Sureties on the destroyed bond are not liable for acts of their principal occurring after the filing of the new bond.

[Pre-Local Government Recodification Citation: 5-15-8-20.]

As added by Acts 1980, P.L.212, SEC.1.
Ind. Code § 36-6-1.5-7 — Indiana Code / Title 36 / Article 6 / Chapter 1.5 / Section 36-6-1.5-7
Election of officers
Status: in_force

Sec. 7. If township governments merge under this chapter:

(1) IC 36-6-6 applies to the election of the township board; and

(2) IC 36-6-5-1 applies to the election of a township assessor;

of the new township government.

As added by P.L.240-2005, SEC.3.
Ind. Code § 36-9-38-1 — Indiana Code / Title 36 / Article 9 / Chapter 38 / Section 36-9-38-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to all municipalities.

As added by P.L.98-1993, SEC.9.
Ind. Code § 36-7-15.3-8.6 — Indiana Code / Title 36 / Article 7 / Chapter 15.3 / Section 36-7-15.3-8.6
Electronic meetings
Status: in_force

Sec. 8.6. (a) This section applies to meetings under IC 5-14-1.5 of members of:

(1) the commission; or

(2) the board.

(b) The definitions in IC 5-14-1.5 apply to this section.

(c) A member may participate in a meeting by an electronic means that allows:

(1) all participating members; and

(2) all members of the public who are physically present at the meeting;

to simultaneously communicate with each other. The member shall be considered present for purposes of establishing a quorum and may participate in any final action taken at the meeting.

(d) Both of the following apply to a meeting under this section:

(1) At least one-third (1/3) of the members must be physically present at the place where the meeting is conducted.

(2) All votes during the meeting must be taken by roll call vote.

This section does not affect the public's right to attend a meeting at the place where the meeting is conducted and the minimum number of members is physically present.

(e) Each member of the commission is required to physically attend at least one (1) meeting of the commission annually. Each member of the board is required to physically attend at least one (1) meeting of the board annually.

(f) The commission may adopt a policy to govern participation in the meetings of the commission or the board by electronic communication. The policy may do any of the following:

(1) Require a member to request authorization to participate in a meeting by electronic communication within a certain number of days before the meeting to allow for arrangements to be made for the member's participation by electronic communication.

(2) Limit the number of meetings in a calendar year in which any one (1) member may participate by electronic communication.

(3) Provide that a member who participates in a meeting by electronic communication may not cast the deciding vote on any official action. For purposes of this chapter, a member casts the deciding vote on an official action if, regardless of the order in which the votes are cast:

(A) the member votes with the majority; and

(B) the official action is adopted or defeated by one (1) vote.

(4) Require a member participating in a meeting by electronic communication to confirm in writing the votes cast by the member during the meeting within a certain number of days after the date of the meeting.

(5) Provide that in addition to the location where a meeting is conducted, the public may also attend some or all meetings, excluding executive sessions, at a public place or public places at which a member is physically present and participates by electronic communication. If the commission's policy includes this provision, a meeting notice must provide the following information:

(A) The identity of each member who will be physically present at a public place and participate in the meeting by electronic communication.

(B) The address and telephone number of each public place where a member will be physically present and participate by electronic communication.

(C) Unless the meeting is an executive session, a statement that a location described in clause (B) will be open and accessible to the public.

(6) Establish any other procedures, limitations, or conditions that govern participation in meetings of the commission by electronic communication and are not in conflict with this chapter.

(g) This section does not affect the right of the commission or board to exclude the public from an executive session in which a member participates by electronic communication.

As added by P.L.55-2016, SEC.4.
Ind. Code § 36-8-25-2 — Indiana Code / Title 36 / Article 8 / Chapter 25 / Section 36-8-25-2
"Public safety agency"
Status: in_force

Sec. 2. As used in this chapter, "public safety agency" means a state or local law enforcement agency or fire protection agency. The term includes a volunteer fire department.

As added by P.L.54-2019, SEC.4.
Ind. Code § 36-7-14-38 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-38
Repealed
Status: repealed

[Pre-Local Government Recodification Citation: 18-7-7.1-40.]

As added by Acts 1981, P.L.309, SEC.33. Repealed by P.L.72-1983, SEC.9.
Ind. Code § 36-9-37-15 — Indiana Code / Title 36 / Article 9 / Chapter 37 / Section 36-9-37-15
Prepaid assessments; proceeds; special fund; investment; redemption of outstanding bonds
Status: in_force

Sec. 15. (a) Prepaid assessments constitute a special fund to be held in trust by the municipality for the owner or owners of the bonds upon which the prepayments have been made.

(b) The municipal fiscal officer shall promptly invest and reinvest the special fund in securities of the federal government so that the principal will be available to pay the bonds upon which prepayments were collected as the bonds become due. The interest collected on these securities shall be applied to the payment of the interest lost on account of the prepayment of the assessments. The difference between the interest lost on account of the prepayment of assessments and the amount of interest earned by the investment in federal securities shall be paid by the municipal corporation that issued the improvement bonds.

(c) If the terms of the bonds allow early redemption for and to the extent of prepayments of the assessments in anticipation of which the bonds were issued, the municipality may use prepaid assessments to redeem outstanding bonds. However, if the bonds are issued on each parcel of real property covering the assessment against the real property, the municipality shall pay the prepayment to the holder of the bonds and cancel the bonds.

As added by P.L.98-1993, SEC.8.
Ind. Code § 36-9-36-46 — Indiana Code / Title 36 / Article 9 / Chapter 36 / Section 36-9-36-46
Bonds; maturation; interest rate
Status: in_force

Sec. 46. (a) The works board may provide in the preliminary resolution that the bonds issued in anticipation of the collection of the assessments shall be issued so as to mature not less than ten (10) years and not more than thirty (30) years from the date of issuance.

(b) The interest on the bonds shall be payable semiannually from the date of issue. The works board shall fix the rate of interest on the bonds issued.

(c) Bonds issued in the manner described in subsection (a) shall mature serially, so that some bonds mature each year until the final maturity date of the issue is reached. The terms of the bonds may allow early redemption of the bonds in the event of and to the extent of prepayment of the assessments in anticipation of which the bonds were issued.

(d) The works board must issue the bonds to mature as provided under subsection (c) if a petition requesting the bonds to mature in that manner is filed by a majority of the resident property owners affected by the improvement not later than sixteen (16) days after the resolution is first published.

As added by P.L.98-1993, SEC.7. Amended by P.L.62-2001, SEC.3.
Ind. Code § 36-8-4.5-7 — Indiana Code / Title 36 / Article 8 / Chapter 4.5 / Section 36-8-4.5-7
Repealed
Status: repealed

As added by P.L.65-2008, SEC.2. Repealed by P.L.122-2023, SEC.28.
Ind. Code § 36-8-2.1-3.1 — Indiana Code / Title 36 / Article 8 / Chapter 2.1 / Section 36-8-2.1-3.1
"Public safety officer"
Status: in_force

Sec. 3.1. As used in this chapter, "public safety officer" means the following:

(1) A police officer who is a full-time, paid, nonprobationary member of a police department. The term does not include a:

(A) member in the military police force of the Indiana National Guard under IC 10-16-23;

(B) tribal police officer; or

(C) member of the state police department.

(2) A firefighter who is a full-time, paid, nonprobationary member of a fire department. The term does not include a volunteer firefighter.

As added by P.L.33-2020, SEC.5. Amended by P.L.64-2022, SEC.14; P.L.94-2026, SEC.86.
Ind. Code § 36-7-2.5-3 — Indiana Code / Title 36 / Article 7 / Chapter 2.5 / Section 36-7-2.5-3
"Application"
Status: in_force

Sec. 3. As used in this chapter, "application" means an application for a permit to conduct construction related activities involving a Class 2 structure.

As added by P.L.146-2025, SEC.4.
Ind. Code § 36-7-31.3-11 — Indiana Code / Title 36 / Article 7 / Chapter 31.3 / Section 36-7-31.3-11
Review of resolution by budget committee; notice requirements; information to taxing units
Status: in_force

Sec. 11. (a) Upon adoption of a resolution establishing a tax area under section 10 of this chapter, the designating body shall submit the resolution to the budget committee for review and recommendation to the budget agency.

(b) Upon adoption of a resolution changing the boundaries of a tax area under section 10 of this chapter, the commission shall:

(1) publish notice of the adoption and substance of the resolution in accordance with IC 5-3-1; and

(2) file the following information with each taxing unit in the county where the district is located:

(A) A copy of the notice required by subdivision (1).

(B) A statement disclosing the impact of the district, including the following:

(i) The estimated economic benefits and costs incurred by the district, as measured by increased employment and anticipated growth of property assessed values.

(ii) The anticipated impact on tax revenues of each taxing unit.

The notice must state the general boundaries of the district.

(c) Upon completion of the actions required by subsection (b), the commission shall submit the resolution to the budget committee for review and recommendation to the budget agency. The budget committee shall meet not later than sixty (60) days after receipt of a resolution and shall make a recommendation on the resolution to the budget agency.

As added by P.L.255-1997(ss), SEC.20. Amended by P.L.178-2002, SEC.128; P.L.199-2005, SEC.37.
Ind. Code § 36-7-14.5-9.5 — Indiana Code / Title 36 / Article 7 / Chapter 14.5 / Section 36-7-14.5-9.5
Electronic meetings
Status: in_force

Sec. 9.5. (a) This section applies to meetings under IC 5-14-1.5 of members of:

(1) the commission; or

(2) the board.

(b) The definitions in IC 5-14-1.5 apply to this section.

(c) A member may participate in a meeting by an electronic means that allows:

(1) all participating members; and

(2) all members of the public who are physically present at the meeting;

to simultaneously communicate with each other. The member shall be considered present for purposes of establishing a quorum and may participate in any final action taken at the meeting.

(d) Both of the following apply to a meeting under this section:

(1) At least one-third (1/3) of the members must be physically present at the place where the meeting is conducted.

(2) All votes during the meeting must be taken by roll call vote.

This section does not affect the public's right to attend a meeting at the place where the meeting is conducted and the minimum number of members is physically present.

(e) Each member of the commission is required to physically attend at least one (1) meeting of the commission annually. Each member of the board is required to physically attend at least one (1) meeting of the board annually.

(f) The commission may adopt a policy to govern participation in the meetings of the commission or the board by electronic communication. The policy may do any of the following:

(1) Require a member to request authorization to participate in a meeting by electronic communication within a certain number of days before the meeting to allow for arrangements to be made for the member's participation by electronic communication.

(2) Limit the number of meetings in a calendar year in which any one (1) member may participate by electronic communication.

(3) Provide that a member who participates in a meeting by electronic communication may not cast the deciding vote on any official action. For purposes of this chapter, a member casts the deciding vote on an official action if, regardless of the order in which the votes are cast:

(A) the member votes with the majority; and

(B) the official action is adopted or defeated by one (1) vote.

(4) Require a member participating in a meeting by electronic communication to confirm in writing the votes cast by the member during the meeting within a certain number of days after the date of the meeting.

(5) Provide that in addition to the location where a meeting is conducted, the public may also attend some or all meetings, excluding executive sessions, at a public place or public places at which a member is physically present and participates by electronic communication. If the commission's policy includes this provision, a meeting notice must provide the following information:

(A) The identity of each member who will be physically present at a public place and participate in the meeting by electronic communication.

(B) The address and telephone number of each public place where a member will be physically present and participate by electronic communication.

(C) Unless the meeting is an executive session, a statement that a location described in clause (B) will be open and accessible to the public.

(6) Establish any other procedures, limitations, or conditions that govern participation in meetings of the commission by electronic communication and are not in conflict with this chapter.

(g) This section does not affect the right of the commission or board to exclude the public from an executive session in which a member participates by electronic communication.

As added by P.L.55-2016, SEC.3.
Ind. Code § 36-7-15.6-22 — Indiana Code / Title 36 / Article 7 / Chapter 15.6 / Section 36-7-15.6-22
Construction of this chapter
Status: in_force

Sec. 22. This chapter may not be construed to prevent, hinder, disrupt, or delay the completion of any public flood control project for which there is a memorandum of agreement or that is ongoing as of May 1, 2018, including the project located in Marion County commonly referred to as the Indianapolis North Flood Damage Reduction Project.

As added by P.L.61-2018, SEC.1.
Ind. Code § 36-1-24-15 — Indiana Code / Title 36 / Article 1 / Chapter 24 / Section 36-1-24-15
Notice and hearing procedures for revocation
Status: in_force

Sec. 15. If a unit revokes a permit under this chapter, revocation of the permit shall be conducted under the notice and hearing procedures of the unit for revocation of other permits issued by the unit.

As added by P.L.73-2018, SEC.1.
Ind. Code § 36-9-36-44 — Indiana Code / Title 36 / Article 9 / Chapter 36 / Section 36-9-36-44
Bonds in anticipation of assessment proceeds; authorization
Status: in_force

Sec. 44. (a) The works board may issue bonds in anticipation of the collection of the assessments for an improvement. Except as provided in subsections (b) and (c), the bonds shall be issued and sold in the manner prescribed for other bonds of the unit. A unit issuing bonds under this section is not required to attach coupons to the bonds.

(b) The works board may provide for the issuance of the bonds directly to the contractor in the works board's preliminary resolution for the improvement. If direct issuance is authorized by the resolution, the disbursing officer shall issue the bonds directly to the contractor.

(c) The works board may by resolution choose to:

(1) sell the bonds by negotiated private sale to a financial institution; and

(2) remit the proceeds of the sale to the contractor.

(d) The following applies after the issuance of bonds:

(1) An action to enjoin the collection of an assessment or to challenge the validity of the bonds or the sale of the bonds may not be brought.

(2) The validity of the assessment may not be questioned.

As added by P.L.98-1993, SEC.7.
Ind. Code § 36-7-4.3-2 — Indiana Code / Title 36 / Article 7 / Chapter 4.3 / Section 36-7-4.3-2
"UDO"
Status: in_force

Sec. 2. As used in this chapter, "UDO" means a unified development ordinance.

As added by P.L.73-2026, SEC.25.
Ind. Code § 36-7-24-9 — Indiana Code / Title 36 / Article 7 / Chapter 24 / Section 36-7-24-9
Powers of authority
Status: in_force

Sec. 9. Subject to the terms of the original agreement under section 4 of this chapter, an authority may do the following:

(1) Adopt, amend, and repeal bylaws for the conduct of the authority's business.

(2) Accept gifts and grants.

(3) Enter into contracts.

(4) Sue and be sued.

(5) Acquire, own, sell, convey, lease, or transfer property.

(6) Cooperate with a public or private organization to carry out the purposes of the authority.

As added by P.L.223-1991, SEC.1.
Ind. Code § 36-2-2.9-9 — Indiana Code / Title 36 / Article 2 / Chapter 2.9 / Section 36-2-2.9-9
Disapproval of contract by county executive; written statement required
Status: in_force

Sec. 9. (a) If the county executive finds the contract:

(1) does not comply with IC 36-2-2.8; or

(2) is otherwise not acceptable for reasons other than those determined under section 7 of this chapter;

the county executive must provide the county officer with a written statement described in subsection (b).

(b) The county executive must provide a written statement as part of the notification of the review results under section 11 of this chapter that:

(1) explains why the contract is not acceptable; and

(2) provides recommendations, if any, for making the contract acceptable to the county executive.

As added by P.L.139-2024, SEC.2.
Ind. Code § 36-7.7-2-5 — Indiana Code / Title 36 / Article 7.7 / Chapter 2 / Section 36-7.7-2-5
"Development authority"
Status: in_force

Sec. 5. "Development authority" refers to the central Indiana regional development authority established under IC 36-7.7-3-1.

As added by P.L.83-2020, SEC.2.
Ind. Code § 36-9-39.1-4 — Indiana Code / Title 36 / Article 9 / Chapter 39.1 / Section 36-9-39.1-4
Adoption of resolution
Status: in_force

Sec. 4. If a board wants to construct, repair, extend, or improve a sewage works, the board may adopt a resolution providing that the construction, repair, extension, or improvement will be financed under this chapter.

As added by P.L.169-2006, SEC.82.
Ind. Code § 36-7-17-6 — Indiana Code / Title 36 / Article 7 / Chapter 17 / Section 36-7-17-6
Conveyances; duties of recipients
Status: in_force

Sec. 6. The conveyance of a dwelling to an applicant under this chapter shall be made in return for a fee of one dollar ($1) or more and the execution by the applicant of an agreement with the following minimum conditions:

(1) The applicant must:

(A) if a person, reside in the dwelling as the person's principal place of residence for a period of not less than three (3) years; or

(B) if a community organization, agree to list the dwelling for sale within twelve (12) months after possession.

(2) The applicant must bring the residence up to a minimum code standard, including building, plumbing, electrical, and fire code standards, within twelve (12) months after possession, or before possession if required under subdivision (4).

(3) The applicant must carry fire and liability insurance on the dwelling at all times.

(4) The applicant must comply with any additional terms, conditions, and requirements that the agency may impose to assure that the purposes of this chapter are carried out. This may include the requirement that the dwelling be rehabilitated to minimum building code standards before possession.

[Pre-Local Government Recodification Citation: 18-7-21-5.]

As added by Acts 1981, P.L.309, SEC.36. Amended by P.L.177-2003, SEC.13.
Ind. Code § 36-9-29-13 — Indiana Code / Title 36 / Article 9 / Chapter 29 / Section 36-9-29-13
Employees; term of employment
Status: in_force

Sec. 13. All the employees of a flood control district, including the executive secretary, engineer, and attorneys, serve at the pleasure of the flood control board.

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

As added by Acts 1981, P.L.309, SEC.105.
Ind. Code § 36-7-4-611 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-611
Zoning ordinance; due deliberation presumption; effectiveness within jurisdiction of adopting legislative body
Status: in_force

Sec. 611. (a) Any ordinance adopted under the 600 series is presumed to have been adopted after due deliberation in regard to the facts upon which the comprehensive plan was formulated.

(b) AREA. If a proposed zoning ordinance is adopted under section 606, 607, or 608 of this chapter by one (1) or more, but not all, of the participating legislative bodies, it has effect within the jurisdiction of each legislative body that adopted it. The fact that the ordinance was based on a comprehensive plan developed for a larger territorial area does not affect its validity. The plan commission may print the ordinance under section 610 of this chapter as it applies only to certain territorial areas, whenever that would be useful for its enforcement.

[Pre-Local Government Recodification Citations: 18-7-4-611; 18-7-4-54; 18-7-5-67 part.]

As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.335-1985, SEC.25.
Ind. Code § 36-7-15.5-12 — Indiana Code / Title 36 / Article 7 / Chapter 15.5 / Section 36-7-15.5-12
Appeals
Status: in_force

Sec. 12. Any party aggrieved by a resolution adopted under this chapter may appeal. This appeal must be taken as provided in IC 34-13-6.

As added by P.L.194-1988, SEC.1. Amended by P.L.1-1998, SEC.209.
Ind. Code § 36-8-16.8-7 — Indiana Code / Title 36 / Article 8 / Chapter 16.8 / Section 36-8-16.8-7
PSAP certification and credentialing
Status: in_force

Sec. 7. A unit operating a PSAP shall establish procedures for certifying and credentialing a public safety telecommunicator who completes the requirements established under section 6 of this chapter.

As added by P.L.13-2022, SEC.2.
Ind. Code § 36-7-9-7 — Indiana Code / Title 36 / Article 7 / Chapter 9 / Section 36-7-9-7
Hearings; hearing authority findings and action; additional period for ordered actions; continuous enforcement order; performance bond; record of findings; collection of penalties
Status: in_force

Sec. 7. (a) A hearing must be held relative to each order of the enforcement authority, except for an order issued under section 5(a)(2), 5(a)(3), 5(a)(4), 5(a)(5), or 7.5 of this chapter. An order issued under section 5(a)(2), 5(a)(3), 5(a)(4), 5(a)(5), or 7.5 of this chapter becomes final ten (10) days after notice is given, unless a hearing is requested before the ten (10) day period ends by a person holding a fee interest, life estate interest, mortgage interest, or equitable interest of a contract purchaser in the unsafe premises. The hearing shall be conducted by the hearing authority.

(b) The hearing shall be held on a business day no earlier than ten (10) days after notice of the order is given. The hearing authority may, however, take action at the hearing, or before the hearing if a written request is received by the enforcement authority not later than five (5) days after notice is given, to continue the hearing to a business day not later than fourteen (14) days after the hearing date shown on the order. Unless the hearing authority takes action to have the continued hearing held on a definite, specified date, notice of the continued hearing must be given to the person to whom the order was issued at least five (5) days before the continued hearing date, in the manner prescribed by section 25 of this chapter. If the order being considered at the continued hearing was served by publication, it is sufficient to give notice of the continued hearing by publication unless the enforcement authority has received information in writing that enables it to make service under section 25 of this chapter by a method other than publication.

(c) The person to whom the order was issued, any person having a substantial property interest in the unsafe premises that are the subject of the order, or any other person with an interest in the proceedings may appear in person or by counsel at the hearing. Each person appearing at the hearing is entitled to present evidence, cross-examine opposing witnesses, and present arguments.

(d) At the conclusion of any hearing at which a continuance is not granted, the hearing authority may make findings and take action to:

(1) affirm the order;

(2) rescind the order; or

(3) modify the order, but unless the person to whom the order was issued, or counsel for that person, is present at the hearing, the hearing authority may modify the order in only a manner that makes its terms less stringent.

(e) In addition to affirming the order, in those cases in which the hearing authority finds that there has been a willful failure to comply with the order, the hearing authority may impose a civil penalty in an amount not to exceed five thousand dollars ($5,000). The effective date of the civil penalty may be postponed for a reasonable period, after which the hearing authority may order the civil penalty reduced or stricken if the hearing authority is satisfied that all work necessary to fully comply with the order has been done. For purposes of an appeal under section 8 of this chapter or enforcement of an order under section 17 of this chapter, action of the hearing authority is considered final upon the affirmation of the order, even though the hearing authority may retain jurisdiction for the ultimate determination related to the civil penalty. In the hearing authority's exercise of continuing jurisdiction, the hearing authority may, in addition to reducing or striking the civil penalty, impose one (1) or more additional civil penalties in an amount not to exceed five thousand dollars ($5,000) per civil penalty. An additional civil penalty may be imposed if the hearing authority finds that:

(1) significant work on the premises to comply with the affirmed order has not been accomplished; and

(2) the premises have a negative effect on property values or the quality of life of the surrounding area or the premises require the provision of services by local government in excess of the services required by ordinary properties.

The hearing authority may not impose an additional civil penalty in a hearing to review a civil penalty imposed by the enforcement authority under section 7.5 of this chapter.

(f) If, at a hearing, a person to whom an order has been issued requests an additional period to accomplish action required by the order, and shows good cause for this request to be granted, the hearing authority may grant the request. However, as a condition for allowing the additional period, the hearing authority may require that the person post a performance bond to be forfeited if the action required by the order is not completed within the additional period.

(g) If an order is affirmed or modified, the hearing authority shall issue a continuous enforcement order (as defined in section 2 of this chapter).

(h) The board or commission having control over the department shall, at a public hearing, after having given notice of the time and place of the hearing by publication in accordance with IC 5-3-1, adopt a schedule setting forth the maximum amount of performance bonds applicable to various types of ordered action. The hearing authority shall use this schedule to fix the amount of the performance bond required under subsection (f).

(i) The record of the findings made and action taken by the hearing authority at the hearing shall be available to the public upon request. However, neither the enforcement authority nor the hearing authority is required to give any person notice of the findings and action.

(j) If a civil penalty under subsection (e) is unpaid for more than fifteen (15) days after payment of the civil penalty is due, the civil penalty may be collected from any person against whom the hearing officer assessed the civil penalty or fine. A civil penalty or fine may be collected under this subsection in the same manner as costs under section 13 or 13.5 of this chapter. The amount of the civil penalty or fine that is collected shall be deposited in the unsafe building fund.

[Pre-Local Government Recodification Citations: 18-5-5.5-6; 18-5-5.5-7.]

As added by Acts 1981, P.L.309, SEC.28. Amended by Acts 1981, P.L.45, SEC.26; P.L.59-1986, SEC.7; P.L.14-1991, SEC.12; P.L.177-2003, SEC.5; P.L.169-2006, SEC.60; P.L.88-2009, SEC.9; P.L.247-2015, SEC.42.
Ind. Code § 36-3-3-2 — Indiana Code / Title 36 / Article 3 / Chapter 3 / Section 36-3-3-2
Mayor as executive; election; qualifications; term of office
Status: in_force

Sec. 2. (a) A mayor, who is the executive of both the consolidated city and the county, shall be elected under IC 3-10-6 by the voters of the whole county.

(b) To be eligible to serve as the executive, a person must meet the qualifications prescribed by IC 3-8-1-24.

(c) The term of office of an executive 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: 18-4-1-2(g); 18-4-3-1 part; 18-4-4-1 part; 18-4-4-7 part; 18-2-1-4 part.]

As added by Acts 1980, P.L.212, SEC.2. Amended by Acts 1980, P.L.213, SEC.1; P.L.194-1984, SEC.1; P.L.5-1986, SEC.38.
Ind. Code § 36-6-6-6 — Indiana Code / Title 36 / Article 6 / Chapter 6 / Section 36-6-6-6
Appearance at meetings by taxpayer
Status: in_force

Sec. 6. A taxpayer of the township may appear at any meeting of the legislative body and be heard as to:

(1) an estimate of expenditures;

(2) a proposed levy of taxes;

(3) the approval of the executive's annual report; or

(4) any other matter being considered by the legislative body.

[Pre-Local Government Recodification Citation: 17-4-29-1.]

As added by Acts 1980, P.L.212, SEC.5.
Ind. Code § 36-12-11-24 — Indiana Code / Title 36 / Article 12 / Chapter 11 / Section 36-12-11-24
Physical and mental examination
Status: in_force

Sec. 24. The board may order a practitioner to submit to a reasonable physical or mental examination if the practitioner's physical or mental capacity to practice safely is at issue in a disciplinary proceeding.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-12-24.]

As added by P.L.1-2005, SEC.49.
Ind. Code § 36-7-4-1504 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1504
Zoning ordinances
Status: in_force

Sec. 1504. (a) A zoning ordinance may provide for and regulate planned unit development.

(b) A zoning ordinance that provides for and regulates planned unit development must meet the requirements of this series.

(c) A zoning ordinance that meets the requirements of this series is the exclusive means for exercising zoning control over planned unit development.

As added by P.L.320-1995, SEC.34.
Ind. Code § 36-9-3-3.5 — Indiana Code / Title 36 / Article 9 / Chapter 3 / Section 36-9-3-3.5
Expansion to include certain counties and municipalities; procedure
Status: in_force

Sec. 3.5. (a) This section applies to LaPorte County and any second class city located in the county.

(b) A county or city described in subsection (a) shall become a member of an authority described in section 5(c) of this chapter if the fiscal body of the county or city adopts a resolution authorizing the county or city to become a member of the authority and the board of the authority approves the membership of the county or city.

As added by P.L.70-2007, SEC.2. Amended by P.L.119-2012, SEC.225; P.L.104-2022, SEC.204.
Ind. Code § 36-6-9-10 — Indiana Code / Title 36 / Article 6 / Chapter 9 / Section 36-6-9-10
Amending a plan
Status: in_force

Sec. 10. A township trustee, with the approval of the township legislative body, may amend a plan to:

(1) provide money for the purposes of a capital improvement fund; or

(2) supplement money accumulated in a capital improvement fund for the purposes of the capital improvement fund.

As added by P.L.129-2019, SEC.4.
Ind. Code § 36-7-31.6-3 — Indiana Code / Title 36 / Article 7 / Chapter 31.6 / Section 36-7-31.6-3
Establishment of area; facilities
Status: in_force

Sec. 3. (a) A commission may establish a professional sports development area in the city designated as the "northwest Indiana professional sports development area".

(b) The commission may establish as part of the professional sports development area any facility or complex of facilities that is:

(1) used to hold a professional sporting event, including a stadium, and which in addition, may be used to hold other entertainment events, including any publicly owned parking, including any public parking garages, plaza, or infrastructure that is constructed or renovated in connection with the construction of the facility used to hold a professional sporting event;

(2) used in the training of a team engaged in professional sporting events; and

(3) used in whole or in part to manage and operate the professional team that would participate in the facility used to hold a professional sporting event.

The tax area shall include any facility described in this subsection and any parcel of land on which the facility is located. An area may contain noncontiguous tracts of land within the city.

(c) Only the facilities described in subsection (b) that are included within the professional sports development area may be financed with debt issued by the board, the authority, or a political subdivision.

As added by P.L.44-2026, SEC.26.
Ind. Code § 36-10-10-25 — Indiana Code / Title 36 / Article 10 / Chapter 10 / Section 36-10-10-25
Handling and expenditure of funds; audit; employment of construction manager; surety bonds of officers and employees
Status: in_force

Sec. 25. (a) Unless provided otherwise, all funds coming into possession of the authority shall be deposited, held, and secured or invested in accordance with the general statutes relating to the handling of public funds. The handling and expenditure of funds coming into possession of the authority is subject to audit and supervision by the state board of accounts. All contracts for construction and equipment of any building shall be let in accordance with the general statutes relating to public contracts.

(b) The board may employ a construction manager in connection with the project in the same manner as other professional advisers are employed.

(c) Any officer or employee of the authority authorized to receive, disburse, or in any way handle funds or negotiable securities of the authority shall execute a bond payable to the state, with surety to consist of a surety or guaranty corporation qualified to do business in Indiana, in an amount determined by the board. The bond shall be conditioned upon the faithful performance of the officer's or employee's duties and the accounting for all money and property that may come into the officer's or employee's hands or under the officer's or employee's control. The cost of the bonds shall be paid out of funds of the authority.

(d) The records of the authority are public records.

As added by Acts 1982, P.L.218, SEC.4. Amended by P.L.127-2017, SEC.390.
Ind. Code § 36-3-8-2 — Indiana Code / Title 36 / Article 3 / Chapter 8 / Section 36-3-8-2
Town of Cumberland becomes an excluded city
Status: in_force

Sec. 2. After December 31, 2026:

(1) the town remains a town government;

(2) the town's boundaries and name remain the same;

(3) the term of any elected or appointed officer of the town is not affected;

(4) the town ceases to be:

(A) an included town under IC 36-3-1-7; and

(B) a part of the consolidated city;

(5) the town is an excluded city as provided in IC 36-3-1-7 and IC 36-3-2-4 and has all of the rights, powers, duties, and responsibilities of an excluded city;

(6) the town continues to fulfill the duties that were imposed by law upon the consolidated city before January 1, 2027, within the town boundaries;

(7) the resolutions, fees, schedules, or other actions adopted or taken by the town legislative body or town clerk-treasurer before January 1, 2027, remain valid;

(8) any appointments made by the town legislative body before January 1, 2027, remain valid;

(9) the town retains its assets, debts, property rights, equipment, records, personnel, and contracts; and

(10) any part of the town that is included in a fire protection district established under IC 36-8-11 on December 31, 2026, that is located in the county containing the consolidated city, shall continue to be included in the fire protection district.

As added by P.L.52-2025, SEC.2.
Ind. Code § 36-7-12-17 — Indiana Code / Title 36 / Article 7 / Chapter 12 / Section 36-7-12-17
Commissions; investigatory duties
Status: in_force

Sec. 17. (a) An economic development commission shall investigate, study, and survey the need for additional job opportunities, industrial diversification, water services, and pollution control facilities in the unit, and shall recommend action to improve or promote job opportunities, industrial diversification, water services, and availability of pollution control facilities in the unit.

(b) As part of an investigation under subsection (a), an economic development commission may participate in the financing of business appraisals and financial feasibility studies of the possible purchase of a business with operations in the commission's jurisdiction by the employees of that operation through an employee stock ownership plan (ESOP). The employees must agree to repay the commission's contribution to the cost of the appraisals and studies if such a purchase is successful.

[Pre-Local Government Recodification Citation: 18-6-4.5-10.]

As added by Acts 1981, P.L.309, SEC.31. Amended by P.L.169-1990, SEC.1; P.L.35-1990, SEC.47.
Ind. Code § 36-2-15-8 — Indiana Code / Title 36 / Article 2 / Chapter 15 / Section 36-2-15-8
Repealed
Status: repealed

As added by P.L.146-2008, SEC.695. Repealed by P.L.167-2015, SEC.9.
Ind. Code § 36-9-27.4-3 — Indiana Code / Title 36 / Article 9 / Chapter 27.4 / Section 36-9-27.4-3
"Natural surface watercourse" defined
Status: in_force

Sec. 3. As used in this chapter, "natural surface watercourse" means an area of the surface of the ground over which water from falling rain or melting snow occasionally and temporarily flows in a definable direction and channel.

As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2. Amended by P.L.276-2001, SEC.17.
Ind. Code § 36-1.5-5-4 — Indiana Code / Title 36 / Article 1.5 / Chapter 5 / Section 36-1.5-5-4
Sharing of services of employees
Status: in_force

Sec. 4. A political subdivision may enter into a cooperative agreement with an entity to share the services of an employee employed by any party to the agreement.

As added by P.L.186-2006, SEC.4.
Ind. Code § 36-7-4-1109 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1109
Approval of permit, plat, plan, use, or exception; applicability of local or state law while approval pending; incorporation of statutory provision in sign regulations
Status: in_force

Sec. 1109. (a) As used in this section, "applicant" means a person that applies to a local authority for a permit or approval.

(b) As used in this section, "development agreement" means a contract that is entered into between a person and a local authority regarding the development of property and that is executed after June 30, 2025.

(c) As used in this section, "development standards" includes the following:

(1) Project elements including:

(A) permitted uses;

(B) residential densities;

(C) nonresidential densities and intensities;

(D) building sizes;

(E) impact fees, inspection fees, or dedications;

(F) mitigation measures, development conditions, and other requirements;

(G) design standards;

(H) affordable housing;

(I) parks and open space preservation;

(J) phasing; and

(K) review procedures and standards for implementing decisions.

(2) Any other development requirement or procedure.

(d) As used in this section, "legal restrictions" means statutes, ordinances, rules, development standards, policies, and regulations. The term does not include building codes under IC 22-13.

(e) As used in this section, "local authority" includes any agency, officer, board, or commission of a local unit of government that may issue:

(1) a permit; or

(2) an approval:

(A) of a land use; or

(B) for the construction of a development, a building, or another structure.

(f) As used in this section, "permit" means any of the following:

(1) An improvement location permit.

(2) A building permit.

(3) A certificate of occupancy.

(4) Approval of a site-specific development plan.

(5) Approval of a primary or secondary plat.

(6) Approval of a variance, contingent use, conditional use, special exception, or special use.

(7) Approval of a planned unit development.

(g) If a person files with the appropriate local authority a complete application for a permit, as required by the legal restrictions of a local unit of government or a local authority, the granting of:

(1) the permit; and

(2) any secondary, additional, or related permits or approvals required from the same local authority with respect to the general subject matter of the application for the first permit;

are governed, for a period of at least three (3) years after the date the person files a complete permit application, by the legal restrictions in effect and applicable to the property at the time the complete application is filed.

(h) Subsection (g) applies even if the legal restrictions governing the granting of the permit or approval are changed by the general assembly or the applicable local legislative body or regulatory body:

(1) before the issuance of the permit;

(2) while the permit approval process is pending;

(3) before the issuance of any secondary, additional, or related permits or approvals; or

(4) while the secondary, additional, or related permit or approval process is pending.

Subsection (g) applies regardless of whether the changes to the legal restrictions are part of a zoning ordinance, a subdivision control ordinance, or a statute, ordinance, or regulation that is based on the general police powers of the local unit of government. However, after the issuance or approval of a permit subsection (g) does not apply if the development or other activity to which the permit relates is not completed within ten (10) years after the development or activity is commenced.

(i) Subsection (j) applies if:

(1) either:

(A) a local authority issues to a person a permit or grants a person approval for the construction of a development, a building, or another structure; or

(B) a permit or approval is not required from the local authority for the construction of the development, building, or structure;

(2) before beginning the construction of the development, building, or structure, the person must obtain a permit or approval for the construction of the development, building, or structure from a state governmental agency; and

(3) the person has applied for the permit or requested the approval for the construction of the development, building, or structure from the state governmental agency within ninety (90) days of issuance of the permit or the granting of approval by the local authority, as applicable.

(j) Subject to subsection (l), if the conditions of subsection (i) are satisfied:

(1) a permit or approval issued or granted to a person by the local authority for the construction of the development, building, or structure; or

(2) the person's right to construct the development, building, or structure without a permit or approval from the local authority;

is governed, for a period of at least three (3) years after the person applies to the state governmental agency for the permit, by the legal restrictions in effect and applicable to the property when the person applies for the permit or requests approval from the state governmental agency for the construction of the development, building, or structure.

(k) Subsection (j) applies even if the legal restrictions governing the granting of the permit or approval from the local authority are changed by the general assembly or the applicable local legislative body or regulatory body:

(1) before the commencement of the construction; or

(2) while the permit application or approval request is pending with the state governmental agency.

Subsection (j) applies regardless of whether the changes to the legal restrictions are part of a zoning ordinance, a subdivision control ordinance, or a statute, ordinance, or regulation that is based on the general police powers of the local unit of government. However, subsection (j) does not apply if the development or other activity to which the permit or approval request relates is not completed within ten (10) years after the development or activity is commenced.

(l) Subsection (j) does not apply to property when it is demonstrated by the local authority or state governmental agency that the construction of the development, building, or structure would cause imminent peril to life or property.

(m) A development agreement entered into by a local authority must set forth the legal restrictions, including development standards and any other provisions applying to and governing the use and development of the real property for the period specified in the development agreement. A development agreement must:

(1) reserve authority for the local authority to impose new or different legal restrictions to the extent required by a serious threat to public health and safety; and

(2) be consistent with applicable legal restrictions adopted by the local authority.

(n) Subject to subsection (j), the local authority's legal restrictions governing the development of the real property at the time the development agreement is executed govern the development of the real property for the period specified in the development agreement.

(o) This section does not authorize the impairment of any vested right or abrogate any rights vested under common law. Without limiting the time in which rights might vest, an applicant's rights are considered vested in land use when the applicant obtains a permit or reasonably relies on existing law regarding development of a specific project. Rights considered vested under this subsection are not affected by a subsequent amendment to a zoning ordinance.

(p) This section does not apply to building codes under IC 22-13.

(q) The following provision is considered to be included in any regulation adopted under section 601(d)(2)(B) of this chapter that sets forth requirements for signs:

"The owner of any sign that is otherwise allowed by this regulation may substitute noncommercial copy in place of any other commercial or noncommercial copy. This substitution of copy may be made without the issuance of any additional permit by a local authority. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or the favoring of any particular noncommercial message over any other noncommercial message. This provision prevails over any more specific provision in this regulation to the contrary.".

(r) After December 31, 2025, this subsection does not apply to a permit to which IC 36-7-2.5 applies. A local authority must, not later than twelve (12) business days after a person has filed a complete application for a permit for which approval is ministerial under IC 36-7-4-402 or an improvement location permit issued under the 800 series of this chapter and meets all conditions required under this chapter and any other statute, issue the permit to the person.

(s) This subsection applies after December 31, 2026. If a person files with the appropriate local authority a complete application for a permit or approval, the permit or approval must be granted, if the project that is the subject of the application satisfies the legal restrictions, including the zoning ordinance, zone maps, or subdivision control ordinance in effect on the date the permit application is submitted.

As added by P.L.49-2006, SEC.1. Amended by P.L.126-2011, SEC.40; P.L.253-2017, SEC.3; P.L.211-2017, SEC.2; P.L.125-2019, SEC.2; P.L.146-2025, SEC.5; P.L.202-2025, SEC.16; P.L.223-2025, SEC.14; P.L.73-2026, SEC.19.
Ind. Code § 36-7-14-1.5 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-1.5
Applicability of chapter to fire protection districts
Status: in_force

Sec. 1.5. Notwithstanding any other law, for:

(1) areas needing redevelopment;

(2) redevelopment project areas;

(3) urban renewal project areas; or

(4) economic development areas;

established after January 1, 1992, this chapter does not apply to fire protection districts established under IC 36-8-11.

As added by P.L.63-1991, SEC.2. Amended by P.L.185-2005, SEC.7.
Ind. Code § 36-2-2-4.7 — Indiana Code / Title 36 / Article 2 / Chapter 2 / Section 36-2-2-4.7
Dividing the county into districts; ordinance, resolution
Status: in_force

Sec. 4.7. (a) Except as provided in subsection (c), whenever the executive divides the county into districts under section 4 of this chapter, the executive shall adopt an ordinance.

(b) The executive shall file a copy of an ordinance adopted under subsection (a) with the circuit court clerk.

(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 as described in section 4(c) of this chapter. Whenever the executive divides the county into districts under section 4 of this chapter, the executive shall adopt a resolution at two (2) separate public meetings. The executive shall file a copy of the resolution adopted under this subsection with the circuit court clerk.

As added by P.L.3-1993, SEC.257. Amended by P.L.22-2021, SEC.4; P.L.104-2022, SEC.147; P.L.201-2023, SEC.266.
Ind. Code § 36-1-10-20 — Indiana Code / Title 36 / Article 1 / Chapter 10 / Section 36-1-10-20
Repealed
Status: repealed

As added by P.L.74-1987, SEC.21. Amended by P.L.35-1990, SEC.42. Repealed by P.L.25-1995, SEC.94.
Ind. Code § 36-12-11-27 — Indiana Code / Title 36 / Article 12 / Chapter 11 / Section 36-12-11-27
Suspension of certificate; renewal
Status: in_force

Sec. 27. The board may summarily suspend a practitioner's certificate for ninety (90) days in advance of final adjudication or during the appeals process if the board finds that the practitioner represents a clear and immediate danger to the public health and safety if the practitioner is allowed to continue to practice. The summary suspension may be renewed upon a hearing before the board, and each renewal may be for ninety (90) days or less.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-12-27.]

As added by P.L.1-2005, SEC.49.
Ind. Code § 36-1-29.5-10 — Indiana Code / Title 36 / Article 1 / Chapter 29.5 / Section 36-1-29.5-10
Workforce fund board of managers; members; establishment of qualified nonprofit organization
Status: in_force

Sec. 10. (a) The executive of a unit that establishes a program under section 8 of this chapter shall appoint a five (5) member workforce fund board of managers. The duties of the workforce fund managers shall include:

(1) adopting rules and bylaws they consider necessary for the proper conduct of their proceedings, the carrying out of other duties, and the safeguarding of the money or property placed in their custody;

(2) by resolution or in accordance with their rules and bylaws, prescribing the date and manner of notice of their regular meetings;

(3) identifying the most appropriate and fiscally responsible incentives that will attract or retain individuals or families who will satisfy the current and future workforce needs of the unit's employers or provide substantial economic impact to the unit;

(4) developing and implementing marketing strategies to recruit or retain these individuals or families;

(5) identifying and recruiting applicants who may receive incentives from the fund;

(6) establishing an application process for individuals and families;

(7) evaluating applicants; and

(8) offering incentives to qualified applicants.

(b) Three (3) of the workforce fund managers constitute a quorum and the concurrence of three (3) of the workforce fund managers is necessary to authorize any action.

(c) The workforce fund managers may establish a qualified nonprofit organization for purposes of carrying out a program and the purposes of a fund under this chapter.

As added by P.L.135-2022, SEC.22.
Ind. Code § 36-8-25-3 — Indiana Code / Title 36 / Article 8 / Chapter 25 / Section 36-8-25-3
"Public safety telecommunicator"
Status: in_force

Sec. 3. As used in this chapter, "public safety telecommunicator" means an individual who:

(1) answers 911 emergency medical telephone calls on behalf of a public safety agency; and

(2) has the authority, based on a protocol adopted by the public safety agency, to provide T-CPR instructions to a telephone caller before the arrival of professional medical assistance by first responders.

As added by P.L.54-2019, SEC.4.
Ind. Code § 36-7.5-4-13 — Indiana Code / Title 36 / Article 7.5 / Chapter 4 / Section 36-7.5-4-13
Tax exemption
Status: in_force

Sec. 13. (a) All:

(1) property owned by the development authority;

(2) revenues of the development authority; and

(3) bonds issued by the development authority, the interest on the bonds, the proceeds received by a holder from the sale of bonds to the extent of the holder's cost of acquisition, proceeds received upon redemption before maturity, proceeds received at maturity, and the receipt of interest in proceeds;

are exempt from taxation in Indiana for all purposes except the financial institutions tax imposed under IC 6-5.5.

(b) All securities issued under this chapter are exempt from the registration requirements of IC 23-19 and other securities registration statutes.

As added by P.L.214-2005, SEC.73. Amended by P.L.27-2007, SEC.35; P.L.79-2017, SEC.84.
Ind. Code § 36-8-11-12 — Indiana Code / Title 36 / Article 8 / Chapter 11 / Section 36-8-11-12
Board of fire trustees; appointment; terms of office; vacancies
Status: in_force

Sec. 12. (a) This section does not apply to the appointment of a governing board under section 12.5 of this chapter.

(b) Within thirty (30) days after the ordinance or resolution establishing the district becomes final, the county legislative body shall appoint a board of fire trustees. The trustees must be qualified by knowledge and experience in matters pertaining to fire protection and related activities in the district. A person who:

(1) is a party to a contract with the district;

(2) is a member, an employee, a director, or a shareholder of any corporation or association that has a contract with the district; or

(3) does not reside in the district;

may not be appointed or serve as a trustee. The legislative body shall appoint one (1) trustee from each township or part of a township contained in the district and one (1) trustee from each municipality contained in the district. If the number of trustees selected by this method is an even number, the legislative body shall appoint one (1) additional trustee so that the number of trustees is always an odd number. If the requirements of this section do not provide at least three (3) trustees, the legislative body shall make additional appointments so that there is a minimum of three (3) trustees.

(c) The original trustees shall be appointed as follows:

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

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

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

(4) All others for a term of four (4) years.

The terms expire on the first Monday of January of the year their appointments expire. As the terms expire, each new appointment is for a term of four (4) years.

(d) If a vacancy occurs on the board, the county legislative body shall appoint a trustee with the qualifications specified in subsection (b) for the unexpired term.

(e) On December 31, 2026, the term of any person serving as a trustee who does not reside in the district for which the person serves as a trustee is terminated. The county legislative body shall make new appointments as soon as possible after December 31, 2026, to serve for the remainder of the unexpired term.

[Pre-Local Government Recodification Citation: 19-1-45-14.]

As added by Acts 1981, P.L.309, SEC.63. Amended by P.L.63-1991, SEC.5; P.L.236-2023, SEC.197; P.L.157-2026, SEC.271.
Ind. Code § 36-7-11-12 — Indiana Code / Title 36 / Article 7 / Chapter 11 / Section 36-7-11-12
Approval or denial of application for certificates of appropriateness
Status: in_force

Sec. 12. (a) The commission may advise and make recommendations to the applicant before acting on an application for a certificate of appropriateness.

(b) If an application for a certificate of appropriateness:

(1) is approved by the commission; or

(2) is not acted on by the commission;

within thirty (30) days after it is filed, a certificate of appropriateness shall be issued. If the certificate is issued, the application shall be processed in the same manner as applications for building or demolition permits required by the unit, if any, are processed. If no building or demolition permits are required by the unit, the applicant may proceed with the work authorized by the certificate.

(c) If the commission denies an application for a certificate of appropriateness within thirty (30) days after it is filed, the certificate may not be issued. The commission must state its reasons for the denial in writing, and must advise the applicant. An application that has been denied may not be processed as an application for a building or demolition permit and does not authorize any work by the applicant.

(d) The commission may grant an extension of the thirty (30) day limit prescribed by subsections (b) and (c) if the applicant agrees to it.

[Pre-Local Government Recodification Citation: 18-7-22-9.]

As added by Acts 1981, P.L.309, SEC.30. Amended by P.L.227-1997, SEC.13.
Ind. Code § 36-8-7.5-1 — Indiana Code / Title 36 / Article 8 / Chapter 7.5 / Section 36-8-7.5-1
Application of chapter; officers eligible for benefits
Status: in_force

Sec. 1. (a) This chapter applies to pension benefits for members of police departments hired before May 1, 1977, by a consolidated city.

(b) A police officer with twenty (20) years of service is covered by this chapter and not by IC 36-8-8 if:

(1) the officer was hired before May 1, 1977;

(2) the officer did not convert under IC 19-1-17.8-7 (repealed September 1, 1981);

(3) the officer was not a member of the 1953 fund because:

(A) the officer's employment was on a temporary or emergency status under a statute in effect before February 25, 1953;

(B) the officer failed to pass a five (5) year physical requirement under such a statute; or

(C) the officer was a war veteran without pension status;

(4) the officer submitted to a physical medical examination, if required by the local board, and the results were satisfactory; and

(5) the officer was accepted by the local board as a member of the 1953 fund upon payment of all dues required for the officer's entire time as a member of the police department.

(c) A police officer is covered by this chapter and not by IC 36-8-8 if the officer:

(1) was hired before May 1, 1977; and

(2) did not convert under IC 19-1-17.8-7 (repealed September 1, 1981).

(d) A police officer is covered by this chapter and not by IC 36-8-8 if the officer:

(1) was hired before May 1, 1977;

(2) did not convert under IC 19-1-17.8-7 (repealed September 1, 1981);

(3) is a regularly appointed member of the police department;

(4) is a member of the 1953 fund;

(5) was employed on a temporary or emergency status before regular employment; and

(6) paid into the 1953 fund by not later than January 1, 1968, all dues for the period the officer was on temporary or emergency status.

(e) A police officer who:

(1) is covered by this chapter before consolidation under IC 36-3-1-5.1; and

(2) becomes a member of the consolidated law enforcement department through consolidation under IC 36-3-1-5.1;

is covered by this chapter after the effective date of the consolidation, and the officer's service as a member of the consolidated law enforcement department is considered active service under this chapter.

(f) In computing the length of active service rendered by any police officer for the purpose of determining the expiration of a period of twenty (20) years of active service, all of the following periods are counted:

(1) All of the time the officer performed the duties of the officer's position in active service.

(2) Vacation time or periods of leave of absence with whole or part pay.

(3) Periods of leave of absence without pay that were necessary on account of physical or mental disability.

(4) Periods of disability for which the officer will receive or has received any disability benefit.

(g) In computing the term of service there is not included any of the following:

(1) Periods during which the police officer was or is suspended or on leave of absence without pay.

(2) Periods during which the officer was not in active service on account of the officer's resignation from the department.

(3) Time served as a special police officer, a merchant police officer, or private police officer.

As added by Acts 1982, P.L.77, SEC.9. Amended by P.L.104-1983, SEC.6; P.L.3-1990, SEC.131; P.L.227-2005, SEC.45.
Ind. Code § 36-7-11.3-24 — Indiana Code / Title 36 / Article 7 / Chapter 11.3 / Section 36-7-11.3-24
Attorney
Status: in_force

Sec. 24. The attorney general or a deputy attorney general selected by the attorney general is the attorney for the commission. The commission may employ other legal counsel that the commission considers necessary, convenient, or desirable.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-6.]

As added by P.L.1-1995, SEC.84.
Ind. Code § 36-1-10-5 — Indiana Code / Title 36 / Article 1 / Chapter 10 / Section 36-1-10-5
Leases without option to purchase; procedure
Status: in_force

Sec. 5. Notwithstanding sections 6, 12, 16, and 17 of this chapter, the following procedure shall be followed whenever a lease does not contain an option to purchase:

(1) The lease must provide that the lease is subject to annual appropriation by the appropriate fiscal body.

(2) The leasing agent must have a copy of the lease filed and kept in a place available for public inspection.

A leasing agent may lease part of a structure.

[Local Government Recodification Citation: New.]

As added by Acts 1981, P.L.57, SEC.36. Amended by P.L.131-1984, SEC.4; P.L.330-1985, SEC.1; P.L.90-2002, SEC.462; P.L.174-2022, SEC.68.
Ind. Code § 36-7-41-1 — Indiana Code / Title 36 / Article 7 / Chapter 41 / Section 36-7-41-1
Definitions
Status: in_force

Sec. 1. (a) As used in this chapter, "commission" refers to the northwest Indiana professional sports development commission established by section 2 of this chapter.

(b) As used in this chapter, "fund" refers to the local professional sports development fund created by section 13 of this chapter.

(c) As used in this chapter, "professional sports franchise" refers to a club, corporation, sole proprietorship, partnership, limited liability company, association, or other legal entity operating a professional sports team that belongs to one (1) of the following:

(1) A professional football league established before 1930.

(2) A professional baseball league established before 1910.

(3) An association of professional basketball teams established before 1960.

(4) A North American hockey league that has had at least one (1) franchise in the United States since 1924.

(5) A professional soccer league established in 1993.

As added by P.L.119-2025, SEC.1.
Ind. Code § 36-4-9-5 — Indiana Code / Title 36 / Article 4 / Chapter 9 / Section 36-4-9-5
Board of public works and safety; establishment
Status: in_force

Sec. 5. (a) A board of public works and safety is established in each city.

(b) Notwithstanding subsection (a), the legislative body of a second class city may by ordinance establish as separate boards:

(1) a board of public works; and

(2) a board of public safety;

to perform the functions of the board of public works and safety.

[Pre-Local Government Recodification Citations: 18-2-1-4.2 part; 18-2-1-4.4 part; 18-2-1-5 part; 18-2-1-6 part.]

As added by Acts 1980, P.L.212, SEC.3.
Ind. Code § 36-8-25-1 — Indiana Code / Title 36 / Article 8 / Chapter 25 / Section 36-8-25-1
Repealed
Status: repealed

As added by P.L.54-2019, SEC.4. Repealed by P.L.187-2021, SEC.153.
Ind. Code § 36-9-3-15 — Indiana Code / Title 36 / Article 9 / Chapter 3 / Section 36-9-3-15
Standards for grants and purchase of service agreements; promotional programs
Status: in_force

Sec. 15. (a) The board shall, to the extent it considers feasible, adopt uniform standards for the making of grants and purchase of service agreements. These grant contracts or purchase of service agreements may be for the number of years or duration agreed to by the authority and the transportation agency.

(b) If the authority provides grants for operating expenses or participates in any purchase of service agreement, the purchase of service agreement or grant contract must state the level and nature of fares or charges to be made for public transportation services, and the nature and standards of public transportation to be so provided. In addition, any purchase of service agreements or grant contracts must provide, among other matters, for:

(1) the terms or cost of transfers or interconnections between different public transportation agencies;

(2) schedules or routes of transportation service;

(3) changes that may be made in transportation service;

(4) the nature and condition of the facilities used in providing service;

(5) the manner of collection and disposition of fares or charges;

(6) the records and reports to be kept and made concerning transportation service; and

(7) interchangeable tickets or other coordinated or uniform methods of collection of charges.

The authority shall also undertake programs to promote use of public transportation and to provide ticket sales and passenger information.

[Pre-Local Government Recodification Citation: 19-5-2.5-12.]

As added by Acts 1981, P.L.309, SEC.76. Amended by P.L.235-1997, SEC.10.
Ind. Code § 36-3-5-6 — Indiana Code / Title 36 / Article 3 / Chapter 5 / Section 36-3-5-6
Establishment; powers and duties; membership of administrative boards; metropolitan development commission
Status: in_force

Sec. 6. (a) Administrative boards are established in the departments listed in sections 4(a)(3), 4(a)(4), 4(a)(5), and 4(a)(6) of this chapter, to be known respectively as the board of public safety, the board of public works, the board of transportation, and the board of parks and recreation. These boards have all the powers, duties, functions, and obligations prescribed by law for them as of August 31, 1981, subject to IC 36-3-4-23. In addition, the metropolitan development commission, which is established in the department of metropolitan development by IC 36-7-4-202, has all the powers, duties, functions, and obligations prescribed by law for it as of August 31, 1981, subject to IC 36-3-4-23.

(b) Each board established under this section is composed of five (5) members as follows:

(1) The director of its department, who serves as presiding officer of the board.

(2) Two (2) members appointed by the executive.

(3) Two (2) members appointed by the city-county legislative body.

A member appointed under subdivision (2) or (3) is appointed for a term of one (1) year and until the member's successor is appointed and qualified, but serves at the pleasure of the appointing authority.

[Pre-Local Government Recodification Citations: 18-4-3-12; 18-4-8-9 part.]

As added by Acts 1980, P.L.212, SEC.2. Amended by Acts 1981, P.L.17, SEC.19; P.L.127-2017, SEC.119.
Ind. Code § 36-9-36-36 — Indiana Code / Title 36 / Article 9 / Chapter 36 / Section 36-9-36-36
Assessment installments; notice when due
Status: in_force

Sec. 36. (a) Upon receipt of the primary assessment roll, the disbursing officer shall by mail notify each affected person of the amount of the assessment against the person's property.

(b) The notice must state when the assessment is due, or when the assessment installments are due.

As added by P.L.98-1993, SEC.7. Amended by P.L.62-2001, SEC.2.
Ind. Code § 36-7-11-19 — Indiana Code / Title 36 / Article 7 / Chapter 11 / Section 36-7-11-19
Phases; certificate of appropriateness; objections
Status: in_force

Sec. 19. (a) In an ordinance approving the establishment of a historic district, a unit may provide that the establishment occur in two (2) phases. Under the first phase, which lasts three (3) years from the date the ordinance is adopted, a certificate of appropriateness is required only for the activities described in section 10(1)(A), 10(1)(B), and 10(1)(D) of this chapter. At the end of the first phase, the district becomes fully established, and, subject to subsection (b), a certificate of appropriateness must be issued by the commission before a permit may be issued for or work may begin on an activity described in section 10 of this chapter.

(b) The first phase described in subsection (a) continues and the second phase does not become effective if a majority of the property owners in the district object to the commission, in writing, to the requirement that certificates of appropriateness be issued for the activities described in section 10(1)(C), 10(2)(A), and 10(2)(B) of this chapter. The objections must be received by the commission not earlier than one hundred eighty (180) days or later than sixty (60) days before the third anniversary of the adoption of the ordinance.

[Pre-Local Government Recodification Citation: 18-7-22-13.]

As added by P.L.146-1992, SEC.5. Amended by P.L.227-1997, SEC.17.
Ind. Code § 36-7-27-4 — Indiana Code / Title 36 / Article 7 / Chapter 27 / Section 36-7-27-4
"County taxpayer"
Status: in_force

Sec. 4. (a) As used in this chapter, "county taxpayer" means an individual who:

(1) resides in the county; or

(2) maintains the individual's principal place of business or employment in the county and who does not reside in another county in which the local income tax is in effect.

(b) For purposes of this section, an individual shall be treated as a resident of the county in which the individual:

(1) maintains a home, if the individual maintains only one (1) home in Indiana;

(2) if subdivision (1) does not apply, is registered to vote;

(3) if subdivision (1) or (2) does not apply, registers the individual's personal automobile; or

(4) if subdivision (1), (2), or (3) does not apply, spends the majority of the individual's time spent in Indiana during the taxable year in question.

As added by P.L.27-1992, SEC.28. Amended by P.L.42-1994, SEC.12; P.L.197-2016, SEC.129.
Ind. Code § 36-1-29-15 — Indiana Code / Title 36 / Article 1 / Chapter 29 / Section 36-1-29-15
Denial of emergency seawall or revetment permit by local authority; reapplication
Status: in_force

Sec. 15. If a local authority denies the emergency seawall or revetment permit, the local authority shall provide the reasons for the denial in a single response to the person. A person may submit not more than one (1) completed reapplication for an emergency seawall or revetment permit that lists reasons why the local authority should approve the person's emergency permit. Not later than ten (10) business days after the person submits the completed reapplication, a local authority shall:

(1) approve; or

(2) deny;

the person's reapplication for the emergency permit. If a local authority does not approve or deny the person's reapplication for the emergency seawall or revetment permit within ten (10) business days, the emergency permit is automatically approved and considered issued to the person.

As added by P.L.164-2020, SEC.64. Amended by P.L.202-2025, SEC.8.
Ind. Code § 36-1.5-4.1-14 — Indiana Code / Title 36 / Article 1.5 / Chapter 4.1 / Section 36-1.5-4.1-14
Joint board
Status: in_force

Sec. 14. If a recipient municipality is named by two (2) or more designated townships in resolutions under section 13 of this chapter, the recipient municipality may:

(1) appoint a single joint board under section 15 of this chapter; and

(2) prepare and adopt a single plan of reorganization;

to govern the reorganization of the townships, instead of appointing separate boards and adopting separate plans for each of the townships.

As added by P.L.134-2026, SEC.3.
Ind. Code § 36-7-15.2-8 — Indiana Code / Title 36 / Article 7 / Chapter 15.2 / Section 36-7-15.2-8
Powers and duties
Status: in_force

Sec. 8. In addition to the powers and duties set forth in any other statute, a commission has the powers and duties set forth in this chapter.

As added by P.L.84-1987, SEC.13.
Ind. Code § 36-9-13-16 — Indiana Code / Title 36 / Article 9 / Chapter 13 / Section 36-9-13-16
Directors; adoption of rules; quorum; approval of actions
Status: in_force

Sec. 16. (a) The directors may adopt the rules and bylaws they consider necessary for the proper conduct of their proceedings, the performance of their duties, and the safeguarding of the funds and property of the building authority.

(b) A majority of the directors constitutes a quorum, and the concurrence of a majority of the directors is necessary to authorize any action by the directors.

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

As added by Acts 1981, P.L.309, SEC.86.
Ind. Code § 36-7-11.3-51 — Indiana Code / Title 36 / Article 7 / Chapter 11.3 / Section 36-7-11.3-51
Requirements for petition filed by person requesting new or amended zoning ordinance affecting primary or secondary property
Status: in_force

Sec. 51. (a) A petition that is filed by a person requesting the adoption of a new zoning ordinance or the amendment of an existing zoning ordinance directly pertaining to or affecting primary or secondary property must, in addition to all other applicable requirements concerning the petitions generally:

(1) be under oath; and

(2) state the following:

(A) The street address of the primary or secondary property to which the new zoning ordinance or amendment to an existing zoning ordinance would directly pertain or affect.

(B) The name of each owner of the property.

(C) The name and address of each person, including principals, if any, who at the time of filing is a party to a contract of sale, lease, option to purchase or lease, agreement to build or develop, or other written agreement, excluding insurance policies, mortgage deeds, fuel service contracts, and similar documents, concerning the subject property or the present or future ownership, use, occupancy, possession, or development of the subject property. The petition must also describe all businesses in which the persons, jointly or severally, are engaged.

(D) A detailed description of the proposed use for which the new zoning ordinance or amendment of an existing zoning ordinance is sought.

(E) Other information that the development commission requires by rule or regulation.

(b) The petition must be accompanied by the following:

(1) A complete copy of each contract described by subsection (a)(2)(C) or a description of the contract sufficient to disclose the full nature of the interest of the party and principals, if any, in the subject property or in the present or future ownership, use, occupancy, possession, or development of the subject property.

(2) Other documents that the development commission requires by rule or regulation.

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

As added by P.L.1-1995, SEC.84.
Ind. Code § 36-1-12.5-3.5 — Indiana Code / Title 36 / Article 1 / Chapter 12.5 / Section 36-1-12.5-3.5
"Related capital expenditures" defined
Status: in_force

Sec. 3.5. As used in this chapter, "related capital expenditures" includes capital costs that:

(1) the governing body reasonably believes will be incurred during the contract term;

(2) are part of or are causally connected to the conservation measures being implemented; and

(3) are documented by industry engineering standards.

As added by P.L.98-2002, SEC.5. Amended by P.L.168-2006, SEC.9.
Ind. Code § 36-9-31-8 — Indiana Code / Title 36 / Article 9 / Chapter 31 / Section 36-9-31-8
Fees for waste collection and disposal
Status: in_force

Sec. 8. (a) The board may establish fees for waste collection and disposal. The board shall establish fees for waste disposal when necessary to pay principal or interest on any bonds issued under section 10 of this chapter. Fees established under this subsection shall apply to all persons owning real property benefited by waste collection, a facility for waste disposal, or both. The board may change and readjust fees from time to time.

(b) The board may fix the fees for waste collection on the basis of a schedule of charges for each classification of residence or building in use in the solid waste collection service district, and may fix the fees for waste disposal on the basis of a schedule of charges for each classification of residence or building in use in the waste disposal district. These classifications of residences and buildings shall be based on:

(1) weight or volume of the refuse received;

(2) the average number of containers or bags of refuse received;

(3) the relative difficulty associated with the disposal of the waste received; or

(4) any combination of these criteria or any other criteria the board determines to be logically related to the service.

(c) The collection of the fees authorized by this section may be effectuated through a periodic billing system or through a charge appearing on the semiannual property tax statement of the affected property owner.

(d) If the fees are not paid when due (by the affected property owner), a lien is created upon the property benefited by the collection and disposal of waste. When the property is sold at a tax sale under the procedures provided by statute, the amount of the purchase price attributable to the waste charge lien reverts to the consolidated city.

(e) The board may exercise reasonable discretion in adopting differing schedules of fees, based upon variations in the cost of furnishing the services included within this chapter to various classes of owners of property, the distance of the property benefited from the facility, or any other variations the board determines to be logically related to the cost of the service.

(f) Fees shall be established only after a public hearing before the board at which all persons using facilities or owning property benefited by waste collection and disposal, and others interested, have had opportunity to be heard by the board concerning the proposed fees. After adoption of the resolution fixing fees and before the resolution takes effect, public notice of the hearing, setting forth the schedule of fees, shall be given. The hearing may be adjourned from time to time. After the hearing, the resolution establishing fees, either as originally passed or as amended, shall be passed and put into effect. A copy of the schedule of fees so established shall be kept on file in the office of the board and shall be kept open to inspection by all persons interested. The fees established shall be extended to cover any additional territory later served that falls within the same class, without the necessity of any hearing or notice. Any change or readjustment of fees may be made in the same manner as they were originally established.

(g) An action to contest the validity of the fees adopted or the procedure by which they were adopted must be brought within thirty (30) days following the adoption of the fees.

(h) Fees imposed under this chapter may be used, together with any other revenues, to pay the cost of facilities for waste disposal, waste collection, the operation and maintenance of facilities, cost incurred under put or pay contracts, charges that may be pledged to the payment of principal of and interest on waste disposal district or revenue bonds, or amounts required by put or pay contracts.

(i) Before any fee established by the board for waste collection or disposal may take effect, the city-county legislative body must by ordinance approve, reject, or modify the fee.

As added by Acts 1982, P.L.77, SEC.27. Amended by P.L.38-1984, SEC.7.
Ind. Code § 36-10-7.5-3 — Indiana Code / Title 36 / Article 10 / Chapter 7.5 / Section 36-10-7.5-3
"District" defined
Status: in_force

Sec. 3. As used in this chapter, "district" refers to a special taxing district created under this chapter.

As added by P.L.157-1991, SEC.15.
Ind. Code § 36-7-38-23 — Indiana Code / Title 36 / Article 7 / Chapter 38 / Section 36-7-38-23
Immunity from civil liability; certain environmental damage
Status: in_force

Sec. 23. A land bank may not be held liable for damages or subjected to equitable remedies for:

(1) breach of a common law duty;

(2) a violation of Indiana law; or

(3) a violation of any order, permit, license, variance, or plan approval;

concerning environmental damage to, or attributable to, a tract or item of real property held by the land bank.

As added by P.L.211-2016, SEC.1.
Ind. Code § 36-1-20.2-12 — Indiana Code / Title 36 / Article 1 / Chapter 20.2 / Section 36-1-20.2-12
Employment contract not abrogated
Status: in_force

Sec. 12. This chapter does not abrogate or affect an employment contract with a unit that:

(1) an individual is a party to; and

(2) is in effect on the date the individual's relative begins serving a term of an elected office of the unit.

As added by P.L.135-2012, SEC.7.
Ind. Code § 36-6-6-1 — Indiana Code / Title 36 / Article 6 / Chapter 6 / Section 36-6-6-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to all townships.

[Pre-Local Government Recodification Citation: 17-4-28-1 part.]

As added by Acts 1980, P.L.212, SEC.5.
Ind. Code § 36-7-11.9-10 — Indiana Code / Title 36 / Article 7 / Chapter 11.9 / Section 36-7-11.9-10
"User"
Status: in_force

Sec. 10. "User" means a person that has entered into a financing agreement with a unit, a developer, or a lender in contemplation of its use of the facilities referred to in the agreement.

As added by P.L.20-1985, SEC.14.
Ind. Code § 36-4-2-8 — Indiana Code / Title 36 / Article 4 / Chapter 2 / Section 36-4-2-8
Election year under this chapter
Status: in_force

Sec. 8. An election held under section 2 or 3 of this chapter may not be held in a calendar year in which a general municipal election is to be held.

[Pre-Local Government Recodification Citation: 18-5-10-14 part.]

As added by Acts 1980, P.L.212, SEC.3.
Ind. Code § 36-7.6-4-9 — Indiana Code / Title 36 / Article 7.6 / Chapter 4 / Section 36-7.6-4-9
Plan approval
Status: in_force

Sec. 9. If the lease provides for a project or improvements to a project to be constructed by a development authority, the plans and specifications shall be submitted to and approved by all agencies designated by law to pass on plans and specifications for public buildings.

As added by P.L.232-2007, SEC.7.
Ind. Code § 36-9-27.2-7 — Indiana Code / Title 36 / Article 9 / Chapter 27.2 / Section 36-9-27.2-7
Meetings; per diem
Status: in_force

Sec. 7. (a) The advisory board shall meet at the call of the chairperson. After the contractor is selected under section 4 of this chapter, the advisory board:

(1) shall meet at least two (2) times to review the work of the contractor; and

(2) may meet at other times at the call of the chairperson as the contractor's work on the updated Indiana Drainage Handbook progresses.

(b) The expenses of the advisory board shall be paid from funds appropriated to the department.

(c) Each member of the advisory board who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). The member is also entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.

As added by P.L.105-2024, SEC.6.
Ind. Code § 36-9-27-101 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-101
Repealed
Status: repealed

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

As added by Acts 1981, P.L.309, SEC.101. Repealed by P.L.17-1995, SEC.45.
Ind. Code § 36-7-1-4 — Indiana Code / Title 36 / Article 7 / Chapter 1 / Section 36-7-1-4
"Board of zoning appeals"
Status: in_force

Sec. 4. "Board of zoning appeals", unless preceded by a qualifying adjective, refers to a board of zoning appeals under either the advisory planning law, the area planning law, or the metropolitan development law.

[Pre-Local Government Recodification Citations: 18-7-4-104; 18-7-4-2 part.]

As added by Acts 1981, P.L.309, SEC.4.
Ind. Code § 36-10-8-4 — Indiana Code / Title 36 / Article 10 / Chapter 8 / Section 36-10-8-4
Membership; terms; vacancies; removal; oath; reimbursement of expenses
Status: in_force

Sec. 4. (a) The board is composed of seven (7) members.

(b) The county executive shall determine in the creating ordinance which units within the county shall make appointments to the board. In addition, the creating ordinance must provide that no more than four (4) of the members be affiliated with the same political party. The creating ordinance must also provide staggered terms for the appointments.

(c) Notwithstanding subsection (b), if a board was created under IC 18-7-18 (before its repeal on February 24, 1982), three (3) members shall be appointed by the executive of the second class city and three (3) members shall be appointed by the executive of the county. Those members shall select the seventh member, who serves as president. One (1) of the members appointed by the city executive must be engaged in the hospitality industry in the city. No more than two (2) of the members appointed by the city executive may be affiliated with the same political party and no more than two (2) of the members appointed by the county executive may be affiliated with the same political party. In addition, each member must have been a resident of the county for at least one (1) year immediately preceding the member's appointment. Initial terms of the members are as follows:

(1) One (1) of the members appointed by each appointing authority for a term ending January 15 of the year following the appointment.

(2) Two (2) of the members appointed by each appointing authority for a term ending January 15 of the second year following the appointment.

(3) The seventh member serves for a term ending January 15 of the second year following the appointment.

(d) Subsequent terms of members are for two (2) years. All terms begin on January 15. A member serves until a successor is appointed and qualified. A member may be reappointed after the member's term has expired.

(e) If a vacancy occurs on the board, the appointing authority shall appoint a new member. That member serves for the remainder of the vacated term.

(f) An individual who is appointed a member serves at the pleasure of the member's appointing authority as long as:

(1) the officeholder who appointed the individual continues to hold the office; or

(2) the board, committee, or body that appointed the individual retains all of the same members that served on the board, committee, or body when the individual was appointed.

If subdivision (1) or (2) does not apply, the board member may be removed for cause by the appointing authority.

(g) Each member, before entering upon the member's duties, shall take and subscribe an oath of office in the usual form. The oath shall be endorsed upon the member's certificate of appointment. The certificate shall be promptly filed with the records of the board. However, if the board was created under IC 18-7-18 (before its repeal on February 24, 1982), the certificate shall be filed with the clerk of the circuit court of the county in which the board is created.

(h) A member may not receive a salary, but is entitled to reimbursement for any expenses necessarily incurred in the performance of the member's duties.

As added by Acts 1982, P.L.218, SEC.3. Amended by P.L.163-1987, SEC.9; P.L.3-1990, SEC.144; P.L.176-2009, SEC.27; P.L.229-2011, SEC.267; P.L.40-2026, SEC.30.