Ind. Code § 36-8-13-4.7 — Indiana Code / Title 36 / Article 8 / Chapter 13 / Section 36-8-13-4.7
Township providing fire protection and emergency services; maximum permissible property tax levy
Status: in_force

Sec. 4.7. (a) For a township that elects to have the township provide fire protection and emergency services under section 3(c) of this chapter, the department of local government finance shall adjust the township's maximum permissible levy described in section 4(c)(1) or 4(c)(2) of this chapter, as applicable, in the year following the year in which the change is elected, as determined under IC 6-1.1-18.5-3, to reflect the change from providing fire protection or emergency services under a contract between the municipality and the township to allowing the township to impose a property tax levy on the taxable property located within the corporate boundaries of each municipality. For the ensuing calendar year, the township's maximum permissible property tax levy described in section 4(c)(1) of this chapter, or the combined levies described in section 4(c)(2) of this chapter, which is considered a single levy for purposes of this section, shall be increased by the product of:

(1) one and five-hundredths (1.05); multiplied by

(2) the amount the township contracted or billed to receive, regardless of whether the amount was collected:

(A) in the year in which the change is elected; and

(B) as fire protection or emergency service payments from the municipalities or residents of the municipalities covered by the election under section 3(c) of this chapter.

The maximum permissible levy for a general fund or other fund of a municipality covered by the election under section 3(c) of this chapter shall be reduced for the ensuing calendar year to reflect the change to allowing the township to impose a property tax levy on the taxable property located within the corporate boundaries of the municipality. The total reduction in the maximum permissible levies for all electing municipalities must equal the amount that the maximum permissible levy for the township described in section 4(c)(1) of this chapter or the combined levies described in section 4(c)(2) of this chapter, as applicable, is increased under this subsection for contracts or billings, regardless of whether the amount was collected, less the amount actually paid from sources other than property tax revenue.

(b) For purposes of determining a township's and each municipality's maximum permissible ad valorem property tax levy under IC 6-1.1-18.5-3 for years following the first year after the year in which the change is elected, a township's and each municipality's maximum permissible ad valorem property tax levy is the levy (or in the case of a township electing to establish levies described in section 4(c)(2) of this chapter, the combined levies) after the adjustment made under subsection (a).

(c) The township may use the amount of a maximum permissible property tax levy (or in the case of a township electing to establish levies described in section 4(c)(2) of this chapter, the combined levies) computed under this section in setting budgets and property tax levies for any year in which the election in section 3(c) of this chapter is in effect.

(d) Section 4.6 of this chapter does not apply to a property tax levy or a maximum property tax levy subject to this section.

As added by P.L.54-1996, SEC.5. Amended by P.L.90-2002, SEC.496; P.L.224-2007, SEC.130; P.L.146-2008, SEC.783; P.L.257-2019, SEC.156; P.L.236-2023, SEC.206; P.L.136-2024, SEC.60.
Ind. Code § 36-4-10-4.5 — Indiana Code / Title 36 / Article 4 / Chapter 10 / Section 36-4-10-4.5
Third class cities; fiscal officer; duties
Status: in_force

Sec. 4.5. (a) This section applies to third class cities.

(b) The fiscal officer is the head of the city department of finance. The fiscal officer shall do the following:

(1) Receive and care for all city money and pay the money out only on order of the approving body.

(2) Keep accounts showing when and from what sources the fiscal officer has received city money and when and to whom the fiscal officer has paid out city money.

(3) Prescribe payroll and account forms for all city offices.

(4) Prescribe the manner in which creditors, officers, and employees shall be paid.

(5) Manage the finances and accounts of the city and make investments of city money.

(6) Prepare for the legislative body the budget estimates of miscellaneous revenue, financial statements, and the proposed tax rate.

(7) Issue all licenses authorized by statute and collect the fees fixed by ordinance.

(8) Serve as clerk of the board of public works by attending meetings, preparing agendas, and recording proceedings.

(9) Perform all other duties prescribed by statute.

(c) Except as provided in IC 5-11, a fiscal officer is not liable in an individual capacity for an act or omission occurring in connection with the performance of the duties prescribed by subsection (b), unless the act or omission constitutes gross negligence or an intentional disregard of the fiscal officer's duties.

As added by P.L.189-1988, SEC.2. Amended by P.L.35-1999, SEC.6; P.L.58-2023, SEC.25.
Ind. Code § 36-3-5.5-3 — Indiana Code / Title 36 / Article 3 / Chapter 5.5 / Section 36-3-5.5-3
Training hours completed before service begins
Status: in_force

Sec. 3. A training course that an individual completes:

(1) after being appointed to an office described in this section; and

(2) before the individual begins serving in an office described in this section;

shall be counted toward the requirements under section 2 of this chapter.

As added by P.L.257-2019, SEC.110.
Ind. Code § 36-7-14-42 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-42
Repealed
Status: repealed

As added by P.L.380-1987(ss), SEC.17; P.L.393-1987(ss), SEC.6. Repealed by P.L.192-1988, SEC.3.
Ind. Code § 36-7.5-3-2 — Indiana Code / Title 36 / Article 7.5 / Chapter 3 / Section 36-7.5-3-2
Powers
Status: in_force

Sec. 2. (a) The development authority may do any of the following:

(1) Finance, improve, construct, reconstruct, renovate, purchase, lease, acquire, and equip land and projects located in an eligible county or eligible municipality.

(2) Lease land or a project to an eligible political subdivision.

(3) Finance and construct additional improvements to projects or other capital improvements owned by the development authority and lease them to or for the benefit of an eligible political subdivision.

(4) Acquire land or all or a portion of one (1) or more projects from an eligible political subdivision by purchase or lease and lease the land or projects back to the eligible political subdivision, with any additional improvements that may be made to the land or projects.

(5) Acquire all or a portion of one (1) or more projects from an eligible political subdivision by purchase or lease to fund or refund indebtedness incurred on account of the projects to enable the eligible political subdivision to make a savings in debt service obligations or lease rental obligations or to obtain relief from covenants that the eligible political subdivision considers to be unduly burdensome.

(6) Make loans, loan guarantees, and grants or provide other financial assistance to or on behalf of the following:

(A) A commuter transportation district.

(B) An airport authority or airport development authority.

(C) A regional bus authority. A loan, loan guarantee, grant, or other financial assistance under this clause may be used by a regional bus authority for acquiring, improving, operating, maintaining, financing, and supporting the following:

(i) Bus services (including fixed route services and flexible or demand-responsive services) that are a component of a public transportation system.

(ii) Bus terminals, stations, or facilities or other regional bus authority projects.

(D) A regional transportation authority.

(E) A member municipality that is eligible to make an appointment to the development board under IC 36-7.5-2-3(b)(2) and that has pledged admissions tax revenue for a bond anticipation note after March 31, 2014, and before June 30, 2015. However, a loan made to such a member municipality before June 30, 2016, under this clause must have a term of not more than ten (10) years, must require annual level debt service payments, and must have a market based interest rate. If a member municipality defaults on the repayment of a loan made under this clause, the development authority shall notify the treasurer of state of the default and the treasurer of state shall:

(i) withhold from any funds held for distribution to the municipality under IC 4-33-12, or IC 4-33-13 an amount sufficient to cure the default; and

(ii) pay that amount to the development authority.

(7) Provide funding to assist a railroad that is providing commuter transportation services in an eligible county or eligible municipality.

(8) Provide funding to assist an airport authority located in an eligible county or eligible municipality in the construction, reconstruction, renovation, purchase, lease, acquisition, and equipping of an airport facility or airport project.

(9) Provide funding to assist in the development of an intermodal facility to facilitate the interchange and movement of freight.

(10) Provide funding for economic development projects in an eligible county or eligible municipality.

(11) Hold, use, lease, rent, purchase, acquire, and dispose of by purchase, exchange, gift, bequest, grant, condemnation, lease, or sublease, on the terms and conditions determined by the development authority, any real or personal property located in an eligible county or eligible municipality.

(12) After giving notice, enter upon any lots or lands for the purpose of surveying or examining them to determine the location of a project.

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

(14) Sue, be sued, plead, and be impleaded.

(15) Design, order, contract for, and construct, reconstruct, and renovate a project or improvements to a project.

(16) Appoint an executive director and employ appraisers, real estate experts, engineers, architects, surveyors, attorneys, accountants, auditors, clerks, construction managers, and any consultants or employees that are necessary or desired by the development authority in exercising its powers or carrying out its duties under this article.

(17) Accept loans, grants, and other forms of financial assistance from the federal government, the state government, a political subdivision, or any other public or private source.

(18) Use the development authority's funds to match federal grants or make loans, loan guarantees, or grants to carry out the development authority's powers and duties under this article.

(19) Provide funding for regional transportation infrastructure projects under IC 36-9-43.

(20) Except as prohibited by law, take any action necessary to carry out this article.

(b) If the development authority is unable to agree with the owners, lessees, or occupants of any real property selected for the purposes of this article, the development authority may proceed under IC 32-24-1 to procure the condemnation of the property. The development authority may not institute a proceeding until it has adopted a resolution that:

(1) describes the real property sought to be acquired and the purpose for which the real property is to be used;

(2) declares that the public interest and necessity require the acquisition by the development authority of the property involved; and

(3) sets out any other facts that the development authority considers necessary or pertinent.

The resolution is conclusive evidence of the public necessity of the proposed acquisition.

As added by P.L.214-2005, SEC.73. Amended by P.L.47-2006, SEC.60; P.L.182-2009(ss), SEC.424; P.L.197-2011, SEC.152; P.L.204-2016, SEC.39; P.L.229-2017, SEC.38; P.L.114-2022, SEC.38.
Ind. Code § 36-9-27-25 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-25
Drains included in flood control projects; exemption from chapter
Status: in_force

Sec. 25. Whenever a regulated drain that is subject to this chapter is included in a flood control project approved by the department of natural resources, the drain ceases to be subject to this chapter. The construction, reconstruction, and maintenance of such a drain is the responsibility of the local agency that constructs and maintains the project.

[Pre-Local Government Recodification Citation: 19-4-5-2 part.]

As added by Acts 1981, P.L.309, SEC.101.
Ind. Code § 36-7-2.5-12 — Indiana Code / Title 36 / Article 7 / Chapter 2.5 / Section 36-7-2.5-12
Compliance with chapter
Status: in_force

Sec. 12. A unit must comply with this chapter in issuing a permit.

As added by P.L.146-2025, SEC.4.
Ind. Code § 36-9-29-24 — Indiana Code / Title 36 / Article 9 / Chapter 29 / Section 36-9-29-24
Bonds for replacement, enlargement, extension, or construction of additional works; costs exceeding amount available
Status: in_force

Sec. 24. If the flood control board finds that:

(1) it is necessary to replace, enlarge, or extend any part of the flood control works or construct additional works in order to protect the district properly; and

(2) the cost of the replacement, enlargement, extension, or construction will exceed the amount then available out of current maintenance and repair funds;

the board may issue bonds under section 23 of this chapter for that purpose. However, the board must first comply with sections 18, 19, and 20 of this chapter.

[Pre-Local Government Recodification Citation: 19-4-18-14 part.]

As added by Acts 1981, P.L.309, SEC.105.
Ind. Code § 36-7-9-24 — Indiana Code / Title 36 / Article 7 / Chapter 9 / Section 36-7-9-24
Priority of actions
Status: in_force

Sec. 24. An action filed under section 8 or 17 of this chapter takes precedence over other pending litigation, and shall be tried and determined by the court at as early a date as possible.

[Pre-Local Government Recodification Citation: 18-5-5.5-21.]

As added by Acts 1981, P.L.309, SEC.28.
Ind. Code § 36-10-12-8 — Indiana Code / Title 36 / Article 10 / Chapter 12 / Section 36-10-12-8
Financial assistance of board of school trustees; amount
Status: in_force

Sec. 8. (a) The board of school trustees of a town may provide financial assistance to a children's museum. The assistance shall be:

(1) paid from the funds of the school town; and

(2) in an amount each year not to exceed the product of twenty-five cents ($0.25) multiplied by the ADA (as defined in IC 20-18-2-1.5(a)) of children enrolled in grades 1 through 8 in the public schools of the town as reported in the last preceding annual report to the secretary of education.

(b) The assistance under subsection (a) is payable annually. The board of school trustees may continue the assistance annually if the board of trustees or other governing body of the children's museum has accepted by resolution the provisions of this chapter and has filed a certified copy of the resolution with the board of school trustees before the date of the first payment.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-17-2.]

As added by P.L.1-2005, SEC.47. Amended by P.L.2-2006, SEC.194; P.L.43-2021, SEC.146.
Ind. Code § 36-12-11-8 — Indiana Code / Title 36 / Article 12 / Chapter 11 / Section 36-12-11-8
Private or school library service; application for certification
Status: in_force

Sec. 8. (a) An individual who is actively engaged or expects to engage actively in:

(1) a grade or class of private library service; or

(2) the library service of a school or another educational institution;

whether the individual is or expects to be a library director, or the head of a department or branch of a private library or of the library of a school or an educational institution, may apply for a certificate of a grade or class.

(b) If an individual is found to be competent and qualified, the individual shall be granted the certificate applied for in the same manner and subject to the same conditions as are provided for the certification of librarians in public libraries under section 7 of this chapter.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-12-8.]

As added by P.L.1-2005, SEC.49.
Ind. Code § 36-4-4-4 — Indiana Code / Title 36 / Article 4 / Chapter 4 / Section 36-4-4-4
Legislative powers and duties
Status: in_force

Sec. 4. (a) The legislative power of a city is vested in its legislative body. All powers and duties of a city that are legislative in nature shall be exercised or performed by its legislative body. The legislative body of a city may not elect or appoint a person to any office or employment, except as provided by statute.

(b) The legislative body may manage the finances of the city to the extent that that power is not vested in the executive branch.

[Pre-Local Government Recodification Citations: 18-1-1.5-26; 18-1-4-3 part; 18-4-4-4 part.]

As added by Acts 1980, P.L.212, SEC.3.
Ind. Code § 36-2-8-4 — Indiana Code / Title 36 / Article 2 / Chapter 8 / Section 36-2-8-4
Payment for services rendered
Status: in_force

Sec. 4. A county officer or a deputy or employee of a county officer is entitled to payment for services only after the officer, deputy, or employee has rendered those services.

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

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.49.
Ind. Code § 36-7-29-19 — Indiana Code / Title 36 / Article 7 / Chapter 29 / Section 36-7-29-19
Tax exemptions for bonds and notes
Status: in_force

Sec. 19. All district bonds, as well as bond anticipation notes, issued under this chapter and the interest on them are exempt from taxation in accordance with IC 6-8-5.

As added by P.L.44-1994, SEC.11.
Ind. Code § 36-12-15-1 — Indiana Code / Title 36 / Article 12 / Chapter 15 / Section 36-12-15-1
"Governing body"
Status: in_force

Sec. 1. As used in this chapter, "governing body" has the meaning set forth in IC 20-26-2-2.

[2006 Education Finance Recodification Citation: New.]

As added by P.L.2-2006, SEC.198.
Ind. Code § 36-7-4-211 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-211
Membership of commission; changes
Status: in_force

Sec. 211. (a) AREA. Notwithstanding any other provision of the area planning law, the representation on any area plan commission may be changed by a similar ordinance adopted by the legislative body of each unit that is a participant in a planning department or by the legislative body of each unit that proposes to form a planning department.

(b) AREA. Each ordinance adopted under this section must provide for at least one (1) representative from each unit that is a participant in the planning department.

[Pre-Local Government Recodification Citations: 18-7-4-211; 18-7-4-8.5; 18-7-4-11.5.]

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.9.
Ind. Code § 36-1-11-8 — Indiana Code / Title 36 / Article 1 / Chapter 11 / Section 36-1-11-8
Exchange of property with governmental entity
Status: in_force

Sec. 8. A transfer or exchange of property may be made with a governmental entity upon terms and conditions agreed upon by the entities as evidenced by adoption of a substantially identical resolution by each entity. Such a transfer may be made for any amount of real property, cash, or other personal property, as agreed upon by the entities.

[Pre-Local Government Recodification Citations: 18-4-5-6 part; 18-6-11-5 part; 18-6-11-6 part; 19-6-2-38 part.]

As added by Acts 1981, P.L.57, SEC.37.
Ind. Code § 36-7-18-16 — Indiana Code / Title 36 / Article 7 / Chapter 18 / Section 36-7-18-16
Housing projects; authorization; limitations
Status: in_force

Sec. 16. (a) A housing authority may:

(1) prepare, carry out, acquire, lease, and operate housing projects; and

(2) provide for the construction, reconstruction, improvement, alteration, or repair of all or part of a housing project.

(b) Notwithstanding subsection (a), a housing project may not be built if the average construction cost, exclusive of the cost of land, demolition, and nondwelling facilities, is more than:

(1) four thousand dollars ($4,000) per room;

(2) fifteen thousand dollars ($15,000) per room, if the accommodations are designed specifically for persons of low income who:

(A) have attained the age at which they may elect to receive old age benefits under Title 2 of the Social Security Act (42 U.S.C. 401-433); or

(B) are under disability (as defined in Section 223 of that Act (42 U.S.C. 423)); or

(3) any greater amount established by the federal government as the basis for computing any of its annual contributions.

(c) Notwithstanding subsection (b), if the housing authority finds that:

(1) compliance with the cost limitations in subsection (b) would require the sacrifice of sound standards of construction, design, and livability in a project; and

(2) there is an acute need for the proposed housing;

it may exceed the cost limitation that would otherwise be applicable under subsection (b) by not more than an amount necessary to make the project financially feasible.

[Pre-Local Government Recodification Citations: 18-7-11-8(b); 18-7-11-3(o).]

As added by Acts 1981, P.L.309, SEC.37. Amended by P.L.309-1989, SEC.1; P.L.255-1996, SEC.27; P.L.73-2026, SEC.29.
Ind. Code § 36-9-36-28 — Indiana Code / Title 36 / Article 9 / Chapter 36 / Section 36-9-36-28
Completed improvements; acceptance; cost estimates
Status: in_force

Sec. 28. (a) An improvement that is completed according to contract must be accepted by the works board.

(b) Upon the completion of an improvement according to contract, the cost of the improvement shall be estimated according to the entire length of the improvement.

As added by P.L.98-1993, SEC.7.
Ind. Code § 36-7-16-5 — Indiana Code / Title 36 / Article 7 / Chapter 16 / Section 36-7-16-5
Purchasers under land sales contracts; eligibility for loans
Status: in_force

Sec. 5. (a) A purchaser under a land sales contract is eligible for a loan to cover the costs of repairs that will bring the purchaser's home into compliance with applicable building code standards, if all of the following conditions are present:

(1) The contract is a written, legally binding instrument involving a residential property containing, after rehabilitation, not more than four (4) dwelling units.

(2) The seller of the property holds fee title to the property, and, while the contract is in good standing, is unable to use the property for collateral or to convey it to any other party, unless the use for collateral or conveyance of fee is subject to the land sales contract. The agency shall record this agreement, or the contract, promptly after loan settlement.

(3) Under the contract, the seller and any subsequent holder of the fee to the property is obligated, without qualification, to deliver to the purchaser fee simple title and a deed to the property upon full payment of the contract price, or some lesser amount.

(4) Under the contract, the purchaser has:

(A) full use, possession, and quiet enjoyment of the property;

(B) equitable title to the property; and

(C) full rights of redemption for a period of not less than ninety (90) days.

(5) The purchaser has had possession and use of the property under the contract for at least twelve (12) months before the date of application for a loan. If the loan is to include an amount to refinance the balance due under a land sales contract, this requirement does not apply.

(b) The agency may purchase the property from the contract seller at any time by the exercise of any right of accelerated payment that is provided for under the contract, by negotiation with the contract seller, or by the exercise of the power of eminent domain.

[Pre-Local Government Recodification Citations: 18-7-7.5-1 part; 18-7-7.5-4; 18-7-7.5-5.]

As added by Acts 1981, P.L.309, SEC.35. Amended by P.L.127-2017, SEC.209.
Ind. Code § 36-5-1.2-6 — Indiana Code / Title 36 / Article 5 / Chapter 1.2 / Section 36-5-1.2-6
Adoption of resolution for name change
Status: in_force

Sec. 6. If after the hearing held under section 5 of this chapter, the town legislative body decides to change the name of the town as requested by the petition, the legislative body must, by a majority vote, adopt a resolution to change the name of the town.

As added by P.L.258-1993, SEC.1.
Ind. Code § 36-7-23-46 — Indiana Code / Title 36 / Article 7 / Chapter 23 / Section 36-7-23-46
Authority funds as trust funds
Status: in_force

Sec. 46. Notwithstanding any other law, funds received by the authority under this chapter are trust funds to be held and applied solely as provided by this chapter.

As added by P.L.346-1989(ss), SEC.7.
Ind. Code § 36-9-6-3 — Indiana Code / Title 36 / Article 9 / Chapter 6 / Section 36-9-6-3
Custody, maintenance, improvement, and construction of city property
Status: in_force

Sec. 3. (a) Unless otherwise provided by statute or ordinance, the works board has custody of and may maintain all real and personal property of the city.

(b) A city works board may design, order, contract for, and execute:

(1) all work required to improve or repair any real or personal property that belongs to or is used by the city; and

(2) the erection of all buildings and other structures needed for any public purpose.

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

As added by Acts 1981, P.L.309, SEC.79. Amended by Acts 1982, P.L.33, SEC.44.
Ind. Code § 36-10-8-11 — Indiana Code / Title 36 / Article 10 / Chapter 8 / Section 36-10-8-11
Handling and expenditure of funds; treasurer; controller; reports; audits
Status: in_force

Sec. 11. (a) The treasurer of the board is the official custodian of all funds and assets of the board and is responsible for their safeguarding and accounting. The treasurer shall give bond for the faithful performance and discharge of all duties required of the treasurer by law in the amount and with surety and other conditions that may be prescribed and approved by the board. All funds and assets in the capital improvement fund and the capital improvement bond fund created by this chapter and all other funds, assets, and tax revenues held, collected, or received by the county treasurer for the use of the board shall be promptly remitted and paid over by the county treasurer to the treasurer of the board, who shall issue receipts for them.

(b) The treasurer of the board shall deposit all money coming into the treasurer of the board's hands as required by this chapter and IC 6-7-1-30.1, and in accordance with general statutes relating to the deposit of public funds. Money so deposited may be invested and reinvested by the treasurer in accordance with IC 5-13 and in securities that the board specifically directs. All interest and other income earned on investments becomes a part of the particular fund from which the money was invested. All funds invested and fully safeguarded and secured as provided in IC 5-13-9 are exempt from assessments under IC 5-13-12.

(c) The board shall appoint a controller to act as the auditor and assistant treasurer of the board. The controller shall serve as the official custodian of all books of account and other financial records of the board and has the same powers and duties as the treasurer of the board or the lesser powers and duties that the board prescribes. The controller, and any other employee or member of the board authorized to receive, collect, or expend money, shall give bond for the faithful performance and discharge of all duties required of the controller, employee, or member in the amount and with surety and other conditions that may be prescribed and approved by the board. The controller shall keep an accurate account of all money due the board and of all money received, invested, and disbursed in accordance with generally recognized governmental accounting principles and procedure. All accounting forms and records shall be prescribed or approved by the state board of accounts.

(d) The controller shall issue all warrants for the payment of money from the funds of the board in accordance with procedures prescribed by the board, but a warrant may not be issued for the payment of a claim until an itemized and verified statement of the claim has been filed with the controller, who may require evidence that all amounts claimed are justly due. All warrants shall be countersigned by the treasurer of the board or by the executive manager. Payroll and similar warrants may be executed with facsimile signatures.

(e) If there are bonds outstanding issued under this chapter, the controller shall deposit with the paying agent or officer within a reasonable period before the date that any principal or interest becomes due sufficient money for the payment of the principal and interest on the due dates.

(f) At least annually the controller shall submit to the board a report of the controller's accounts exhibiting the revenues, receipts, and disbursements and the sources from which the revenues and receipts were derived and the purpose and manner in which they were disbursed. The board may require that the report be prepared by an independent certified public accountant designated by the board. The handling and expenditure of funds is subject to audit and supervision by the state board of accounts.

As added by Acts 1982, P.L.218, SEC.3. Amended by P.L.19-1987, SEC.56; P.L.127-2017, SEC.388.
Ind. Code § 36-7-31.3-9 — Indiana Code / Title 36 / Article 7 / Chapter 31.3 / Section 36-7-31.3-9
Establishment of area; time; findings; special taxing district
Status: in_force

Sec. 9. (a) A tax area must be initially established by resolution:

(1) before January 1, 2013, in the case of:

(A) a second class city;

(B) the city of Marion; or

(C) the city of Westfield;

(2) before January 1, 2024, in the case of the city of Fishers; or

(3) before July 1, 1999, if subdivision (1) or (2) does not apply;

according to the procedures set forth for the establishment of an economic development area under IC 36-7-14. Only one (1) tax area may be created in each county.

(b) In establishing the tax area, the designating body must make the following findings instead of the findings required for the establishment of economic development areas:

(1) Except for a tax area in:

(A) the city of Fort Wayne; or

(B) the city of Gary;

there is a capital improvement that will be undertaken or has been undertaken in the tax area for a facility that is used by a professional sports franchise for practice or competitive sporting events. A tax area to which this subdivision applies may also include a capital improvement that will be undertaken or has been undertaken in the tax area for a facility that is used for any purpose specified in section 8(a)(2) of this chapter.

(2) For a tax area in the city of Fort Wayne, there is a capital improvement that will be undertaken or has been undertaken in the tax area for a facility that is used for any purpose specified in section 8(a) of this chapter.

(3) For a tax area in the city of Gary, there is a capital improvement that will be undertaken or has been undertaken in the tax area for a facility that is used for any purpose specified in section 8(a)(2) of this chapter.

(4) The capital improvement that will be undertaken or that has been undertaken in the tax area will benefit the public health and welfare and will be of public utility and benefit.

(5) The capital improvement that will be undertaken or that has been undertaken in the tax area will protect or increase state and local tax bases and tax revenues.

(c) The tax area established under this chapter is a special taxing district authorized by the general assembly to enable the designating body to provide special benefits to taxpayers in the tax area by promoting economic development that is of public use and benefit.

As added by P.L.255-1997(ss), SEC.20. Amended by P.L.174-2001, SEC.13; P.L.178-2002, SEC.127; P.L.64-2004, SEC.36; P.L.2-2005, SEC.130; P.L.214-2005, SEC.72; P.L.172-2011, SEC.157; P.L.119-2012, SEC.211; P.L.100-2014, SEC.1; P.L.104-2022, SEC.193; P.L.183-2023, SEC.2.
Ind. Code § 36-7-4-1006 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1006
Repealed
Status: repealed

[Pre-Local Government Recodification Citations: 18-7-2-78; 18-7-4-1006; 18-7-4-85; 18-7-5-89.]

As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.150-2003, SEC.3. Repealed by P.L.126-2011, SEC.68.
Ind. Code § 36-8-25-11 — Indiana Code / Title 36 / Article 8 / Chapter 25 / Section 36-8-25-11
Exemption from training requirements
Status: in_force

Sec. 11. A public safety telecommunicator who has completed a certified training program in emergency medical dispatch (as described under IC 16-31-3.5) call handling is exempt from completing a T-CPR training program described under this chapter.

As added by P.L.54-2019, SEC.4.
Ind. Code § 36-7-4-1012 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1012
Remedies and enforcement; violation as common nuisance
Status: in_force

Sec. 1012. An ordinance adopted under this chapter may provide that a structure erected, raised, or converted, or land or premises used, in violation of this chapter or an ordinance or regulation made under this chapter, is a common nuisance and that the owner or possessor of the structure, land, or premises is liable for maintaining a common nuisance.

[Pre-Local Government Recodification Citations: 18-7-2-83 part; 18-7-4-1012; 18-7-4-90 part; 18-7-5-94 part.]

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.56.
Ind. Code § 36-7-4-1101 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1101
Miscellaneous provisions; application
Status: in_force

Sec. 1101. AREA. The area planning law does not apply in a county where countywide planning and zoning is required by statute.

[Pre-Local Government Recodification Citations: 18-7-4-1101; 18-7-4-98.]

As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.12-1992, SEC.165; P.L.10-2015, SEC.2.
Ind. Code § 36-2-19-2 — Indiana Code / Title 36 / Article 2 / Chapter 19 / Section 36-2-19-2
"Original survey" defined
Status: in_force

Sec. 2. As used in this chapter, "original survey" means a survey that is executed for the purpose of locating and describing real property that has not been previously described in documents conveying an interest in real property.

As added by P.L.76-1989, SEC.4.
Ind. Code § 36-7-11.3-52 — Indiana Code / Title 36 / Article 7 / Chapter 11.3 / Section 36-7-11.3-52
Notice requirements
Status: in_force

Sec. 52. (a) A person who has filed a petition under section 50 or 51 of this chapter shall, not later than ten (10) days after the filing, serve notice upon all interested parties. The notice must state the following:

(1) The full name and address of the following:

(A) The petitioner.

(B) Each attorney acting for and on behalf of the petitioner.

(2) The street address of the primary and secondary property for which the petition was filed.

(3) The name of the owner of the property.

(4) The full name and address of and the type of business, if any, conducted by:

(A) each person who at the time of the filing is a party to; and

(B) each person who is a disclosed or an undisclosed principal for whom the party was acting as agent in entering into;

a contract of sale, lease, option to purchase or lease, agreement to build or develop, or other written agreement of any kind or nature concerning the subject property or the present or future ownership, use, occupancy, possession, or development of the subject property.

(5) A description of the contract of sale, lease, option to purchase or lease, agreement to build or develop, or other written agreement sufficient to disclose the full nature of the interest of the party or of the party's principal in the subject property or in the present or future ownership, use, occupancy, possession, or development of the subject property.

(6) A description of the proposed use for which the rezoning or zoning variance is sought, sufficiently detailed to appraise the notice recipient of the true character, nature, extent, and physical properties of the proposed use.

(7) The date of the filing of the petition.

(8) The date, time, and place of the next regular meeting of the commission if a petition is for approval of a zoning variance. If a petition is filed with the development commission, the notice does not have to specify the date of a hearing before the commission or the development commission. However, the person filing the petition shall give ten (10) days notice of the date, time, and place of a hearing before the commission on the petition after the referral of the petition to the commission by the development commission.

(b) For purposes of giving notice to the interested parties who are owners, the records in the bound volumes of the recent real estate tax assessment records as the records appear in:

(1) the offices of the township assessors (if any); or

(2) the office of the county assessor;

as of the date of filing are considered determinative of the persons who are owners.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-15.]

As added by P.L.1-1995, SEC.84. Amended by P.L.219-2007, SEC.124; P.L.146-2008, SEC.721.
Ind. Code § 36-1-9.5-42 — Indiana Code / Title 36 / Article 1 / Chapter 9.5 / Section 36-1-9.5-42
Valuation of stocks and bonds; useful equipment
Status: in_force

Sec. 42. An applicant must list the book value and the market value for stocks and bonds. An entity may not consider stocks and bonds as working capital unless market value, as determined or verified by the accountant, is given. Stocks and bonds shall be valued at the lesser of the book value or market. However, stocks or bonds listed on the New York Stock Exchange, American Stock Exchange, or over-the-counter on the National Association of Securities Dealers Automated Quotations list shall be valued at the market value. The value of useful equipment may be:

(1) the book value listed; or

(2) determined by the application of uniform depreciation schedules.

As added by P.L.85-1991, SEC.3.
Ind. Code § 36-7-4-713 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-713
Repealed
Status: repealed

As added by Acts 1982, P.L.211, SEC.15. Repealed by P.L.320-1995, SEC.44.
Ind. Code § 36-9-27-73 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-73
General drain improvement fund; establishment; composition; appropriations; disposition of surplus money
Status: in_force

Sec. 73. (a) There is established in each county a general drain improvement fund, which shall be used to pay the cost of:

(1) constructing or reconstructing a regulated drain under this chapter; and

(2) removing obstructions from drains under IC 36-9-27.4.

In addition, if a maintenance fund has not been established for a drain, or if a maintenance fund has been established and it is insufficient, the general drain improvement fund shall be used to pay the deficiency.

(b) The general drain improvement fund consists of:

(1) all money in any ditch or drainage fund that was not otherwise allocated by January 1, 1966, which money the county treasurer shall transfer to the general drain improvement fund by January 1, 1985;

(2) proceeds from the sale of bonds issued to pay the costs of constructing or reconstructing a drain;

(3) costs collected from petitioners in a drainage proceeding;

(4) appropriations made from the general fund of the county, or taxes levied by the county fiscal body for drainage purposes;

(5) money received from assessments upon land benefited for construction or reconstruction of a regulated drain;

(6) interest and penalties received on collection of delinquent drain assessments and interest received for deferred payment of drain assessments; and

(7) money repaid to the general drain improvement fund out of a maintenance fund.

(c) The county fiscal body, at the request of the board and on estimates prepared by the board, shall from time to time appropriate enough money for transfer to the general drain improvement fund to maintain the fund at a level sufficient to meet the costs and expenditures to be charged against it, after allowing credit to the fund for assessments paid into it.

(d) There is no limit to the amount that the county fiscal body may appropriate and levy for the use of the general drain improvement fund in any one (1) year. However, the aggregate amount appropriated and levied for the use of the fund may not exceed the equivalent of fifty cents ($.50) on each one hundred dollars ($100) of net taxable valuation on the real and personal property in the county.

(e) Whenever:

(1) the board finds that the amount of money in the general drain improvement fund exceeds the amount necessary to meet the expenses likely to be paid from the fund; and

(2) the money was raised by taxation under this section;

the board shall issue an order specifying the excess amount and directing that it shall be transferred to the general fund of the county. The board shall serve the order on the county auditor, who shall transfer the excess amount to the general fund of the county.

[Pre-Local Government Recodification Citation: 19-4-7-1 part.]

As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.371-1983, SEC.1; P.L.206-1984, SEC.6; P.L.239-1996, SEC.2; P.L.240-1996, SEC.1; P.L.2-1997, SEC.87; P.L.255-2017, SEC.53.
Ind. Code § 36-7-24-1 — Indiana Code / Title 36 / Article 7 / Chapter 24 / Section 36-7-24-1
"Authority"
Status: in_force

Sec. 1. As used in this chapter, "authority" refers to a multiple county juvenile facility authority established under this chapter.

As added by P.L.223-1991, SEC.1.
Ind. Code § 36-7-11.3-58 — Indiana Code / Title 36 / Article 7 / Chapter 11.3 / Section 36-7-11.3-58
Powers of interested parties; private right of action to restrain, enjoin, or enforce orders
Status: in_force

Sec. 58. (a) Each interested party:

(1) has a private right of action to:

(A) enforce; and

(B) prevent violation of;

this chapter; and

(2) may, with respect to primary or secondary property:

(A) restrain or enjoin, temporarily or permanently, a person from violating; and

(B) enforce by restraining order or injunction;

this chapter.

(b) The powers described in subsection (a) include the following:

(1) To enforce written commitments, agreements, or covenants made in accordance with or under this chapter.

(2) To prevent and obtain full relief from a threatened or existing violation of section 54, 55, 56, or 57 of this chapter.

(3) To prevent:

(A) a person from seeking or having the benefits of; or

(B) a governmental body from granting;

a rezoning of or zoning variance for primary or secondary property for which the commission or development commission for rezoning has not granted prior approval in the manner required by this chapter.

(4) To:

(A) prevent construction, reconstruction, alteration, or demolition work upon; and

(B) obtain full relief from work previously done upon;

primary property for which a certificate of appropriateness was required but was not issued by the commission. A showing that issuance of certificates of appropriateness for the work could not properly have been denied by the commission if a proper application had been made is a complete defense to an action under this subdivision.

(5) To prevent further construction work upon and obtain full relief from construction work previously done upon primary property that fails in a substantial manner to comply with all the terms and conditions:

(A) of a certificate of appropriateness issued by the commission; or

(B) of the petition and documents filed with the commission upon which the commission is presumed to have based approval of the certificate.

(6) To prevent usage of primary or secondary property for which a rezoning or zoning variance:

(A) would be required; and

(B) has not been obtained.

(7) To prevent a violation of the terms and conditions of the approval by the commission of a zoning variance as petitioned for and obtained from the commission.

(c) For purposes of obtaining relief sought under this section, it is not necessary to allege or prove irreparable harm or injury to a person or property. A person entitled to bring an action under this section is not required to post a bond unless the court, after a hearing, determines that a bond should be required in the interests of justice. A person who brings an action under this section is not, however, liable to a person for any damages resulting from the bringing or prosecuting of the action unless the action was not brought:

(1) in good faith; or

(2) in the reasonable belief that:

(A) this chapter; or

(B) a commitment, an agreement, or a covenant entered into under section 36 of this chapter;

had been or was about to be violated or breached.

(d) The person against whom an action is brought under subsection (a) is liable to the interested party bringing the action for reasonable attorney's fees and court costs if judgment is entered by the court against the person.

(e) An action arising under this section must be brought in the circuit or superior court of the county, and a change of venue from the county is not permitted.

(f) The remedy provided in this section is not exclusive but is cumulative to any other remedies available at law or equity.

[Pre-1995 Title 14 Recodification Citations: 14-3-3.2-20; 14-3-3.2-23(f)(3).]

As added by P.L.1-1995, SEC.84.
Ind. Code § 36-7.5-7-11.7 — Indiana Code / Title 36 / Article 7.5 / Chapter 7 / Section 36-7.5-7-11.7
Obligations legalized and validated
Status: in_force

Sec. 11.7. (a) All bonds, notes, evidences of indebtedness, leases, or other written obligations issued, incurred, or executed under this article for the Lake County convention and event center, and subject to budget committee review, by or in the name of the:

(1) Indiana finance authority;

(2) the northwest Indiana regional development authority; or

(3) the City of Gary;

are hereby legalized and declared valid after budget committee review.

(b) Any pledge, dedication, or designation of revenues, conveyance, or mortgage securing the bonds, notes, evidence of indebtedness, leases, or other written legal obligations issued, incurred or executed under this article for the Lake County convention and event center, and subject to budget committee review, by or in the name of the:

(1) Indiana finance authority;

(2) the northwest Indiana regional development authority; or

(3) the City of Gary;

are hereby legalized and declared valid after budget committee review.

(c) Any resolutions, proceedings, or actions taken or adopted under this article or IC 5-1.2 under which the bonds, notes, evidence of indebtedness, leases, or other written legal obligations were or will be issued or incurred or under which the pledge, dedication, or designation of revenues, conveyance, or mortgage was or will be granted for the financing, construction, or operation of the Lake County convention and event center, and subject to budget committee review, by or in the name of the:

(1) Indiana finance authority;

(2) the northwest Indiana regional development authority; or

(3) the City of Gary;

are hereby legalized and declared valid after budget committee review.

As added by P.L.157-2026, SEC.269.
Ind. Code § 36-7.5-6-2 — Indiana Code / Title 36 / Article 7.5 / Chapter 6 / Section 36-7.5-6-2
"Fund"
Status: in_force

Sec. 2. As used in this chapter, "fund" refers to the blighted property demolition fund established by section 4 of this chapter.

As added by P.L.195-2023, SEC.6.
Ind. Code § 36-2-10-3 — Indiana Code / Title 36 / Article 2 / Chapter 10 / Section 36-2-10-3
Removal
Status: in_force

Sec. 3. The county executive may remove the treasurer from office if the treasurer is delinquent and has been sued on the treasurer's official bond.

[Pre-Local Government Recodification Citation: 17-3-32-12.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.59.
Ind. Code § 36-5-4-13 — Indiana Code / Title 36 / Article 5 / Chapter 4 / Section 36-5-4-13
Transfer between funds
Status: in_force

Sec. 13. (a) Except as provided in subsection (c), this subsection applies to a town with a population of five hundred (500) or less. Notwithstanding the provisions of any other statute, a town may transfer money from any town fund to another town fund after the passage of an ordinance or a resolution by the town legislative body specifying the:

(1) amount of the transfer;

(2) funds involved;

(3) date of the transfer; and

(4) general purpose of the transfer.

(b) Except as provided in subsection (c), this subsection applies to a town having a population of more than five hundred (500) and less than two thousand (2,000). Notwithstanding IC 8-14-1 and IC 8-14-2, a town may transfer money distributed to the town from:

(1) the motor vehicle highway account under IC 8-14-1;

(2) the local road and street account under IC 8-14-2; or

(3) the:

(A) motor vehicle highway account under IC 8-14-1; and

(B) local road and street account under IC 8-14-2;

to any other town fund after the passage of an ordinance or a resolution by the town legislative body that specifies the amount of the transfer, the funds involved, the date of the transfer, and the general purpose of the transfer. However, the total amount of all money transferred by a town under this subsection may not exceed forty thousand dollars ($40,000).

(c) A:

(1) municipality located in a county having a population of more than fifteen thousand four hundred fifty (15,450) and less than sixteen thousand (16,000); and

(2) town having a population of less than one thousand (1,000) located in a county having a population of more than forty thousand (40,000) and less than forty-three thousand (43,000);

may not transfer money under this section to or from a food and beverage tax receipts fund established under IC 6-9.

As added by P.L.17-1995, SEC.21. Amended by P.L.233-1996, SEC.1; P.L.170-2002, SEC.146; P.L.119-2012, SEC.192; P.L.104-2022, SEC.170; P.L.11-2023, SEC.117.
Ind. Code § 36-10-3-19 — Indiana Code / Title 36 / Article 10 / Chapter 3 / Section 36-10-3-19
Special taxing district for purposes of levying special benefit taxes; determination of revenues necessary for expenditures not covered by issuance of bonds
Status: in_force

Sec. 19. (a) The territory within the boundaries of the unit comprises a special taxing district for the purpose of levying special benefit taxes for park and recreational purposes as provided in this chapter.

(b) The fiscal body of the unit shall determine and provide the revenues necessary for the operation of the department or for capital expenditures not covered by the issuance of bonds by:

(1) a specific levy to be used exclusively for these purposes;

(2) a special appropriation; or

(3) both of these methods.

[Pre-Local Government Recodification Citation: 19-7-4-23.]

As added by Acts 1981, P.L.309, SEC.110.
Ind. Code § 36-1-11-13 — Indiana Code / Title 36 / Article 1 / Chapter 11 / Section 36-1-11-13
Restrictions on lease of county-owned property
Status: in_force

Sec. 13. Notwithstanding any other law, a disposing agent for a county may not lease county-owned property at a rate that deviates more than five percent (5%) from the average square footage rate charged for similar property in that county.

As added by P.L.38-1984, SEC.3.
Ind. Code § 36-2-9-19 — Indiana Code / Title 36 / Article 2 / Chapter 9 / Section 36-2-9-19
Personal liability for penalties and interest assessed by Internal Revenue Service; reimbursement by county treasurer
Status: in_force

Sec. 19. If a county auditor is held personally liable for penalties and interest assessed by the Internal Revenue Service, the county treasurer shall reimburse the county auditor in an amount equal to the penalties and interest. However, the county treasurer may not reimburse the county auditor if the county auditor willfully or intentionally failed or refused to file a return or make a required deposit on the date the return or deposit was due.

As added by P.L.56-1997, SEC.3.
Ind. Code § 36-9-30-25 — Indiana Code / Title 36 / Article 9 / Chapter 30 / Section 36-9-30-25
Lease with option to purchase facilities; hearing; notice; authorization to execute lease
Status: in_force

Sec. 25. (a) After the lessor corporation and the unit have agreed upon the terms and conditions of a lease under section 24 of this chapter, and before the final execution of the lease, notice of a hearing to be held before the board shall be given to all interested persons. The hearing may not be earlier than ten (10) days after the publication of notice.

(b) The notice of hearing shall be published one (1) time in the manner prescribed by IC 5-3-1. The notice must name the day, place, and hour of the hearing and set forth a brief summary of the principal terms of the lease, including the location and name of the proposed lessor corporation, the character of the property to be leased, the rental to be paid, the term of the lease, and a summary of the terms of purchase under the option. The cost of publication shall be paid by the lessor corporation.

(c) The proposed lease, drawings, plans, specifications, and estimates for the solid waste disposal facilities shall be kept available for inspection by the public during the ten (10) day period and at the meeting.

(d) At the hearing, which may be adjourned from time to time, all interested persons are entitled to be heard upon the necessity for the execution of the lease and upon the fairness and reasonableness of the rental and purchase price provided for in the lease.

(e) After the hearing, the board may authorize the execution of the lease as originally agreed upon or make the modifications in the lease that are agreed upon with the lessor corporation. However, the lease rental or purchase price as set out in the published notice may not be increased.

[Pre-Local Government Recodification Citation: 19-2-1-25.]

As added by Acts 1981, P.L.309, SEC.106.
Ind. Code § 36-7.5-6-7 — Indiana Code / Title 36 / Article 7.5 / Chapter 6 / Section 36-7.5-6-7
Application for grants
Status: in_force

Sec. 7. The city of Gary may apply to the development authority for a grant from the fund in the manner prescribed by the development authority. The city of Gary shall submit to the development authority any information that the development authority determines is necessary.

As added by P.L.195-2023, SEC.6.
Ind. Code § 36-8-3.5-16 — Indiana Code / Title 36 / Article 8 / Chapter 3.5 / Section 36-8-3.5-16
Promotions; certification of eligible members; probation; procedures
Status: in_force

Sec. 16. (a) When a vacancy in rank occurs, the commission shall certify to the chief of the department the three (3) members with the highest scores on the eligibility list for that particular rank. Within six (6) months the commission, upon the recommendation of the chief, shall promote one (1) of those members to fill the vacant position.

(b) All promotions are probationary for a period not to exceed one (1) year. At the end of the period, a probationary member's superior shall review the member's performance and recommend to the commission that:

(1) the promotion be made permanent; or

(2) the promotion be revoked.

(c) The commission shall prepare a rating chart for the superior's use in making the report. The commission shall review the report and decide what action should be taken. The probationary member is entitled to appear before the commission and be heard on any matter detrimental to the member in the report of the member's superior. The member is also entitled to be represented by counsel or another representative of the member's choice. If the promotion is finally revoked the member may not be returned to a rank lower than that the member held before the probationary promotion.

(d) Actions by the commission other than making the promotion permanent may be appealed within thirty (30) days to the circuit or superior court of the county, with the unit, district, or territory being named as the sole defendant.

[Local Government Recodification Citation: New.]

As added by Acts 1981, P.L.316, SEC.1. Amended by P.L.127-2017, SEC.233; P.L.207-2023, SEC.20.
Ind. Code § 36-2-15-11 — Indiana Code / Title 36 / Article 2 / Chapter 15 / Section 36-2-15-11
Repealed
Status: repealed

As added by P.L.146-2008, SEC.698. Repealed by P.L.167-2015, SEC.12.
Ind. Code § 36-7-3-8 — Indiana Code / Title 36 / Article 7 / Chapter 3 / Section 36-7-3-8
Report of survey and plat; approval procedures; recording; legal effect of plat
Status: in_force

Sec. 8. (a) When a plat is filed under section 7 of this chapter, the municipal clerk shall immediately give notice, in accordance with IC 5-3-1, that on a specified day, at an hour and place named in the notice, the municipal legislative body will meet to consider the professional surveyor's report and plat, and to hear any objections to the report and plat by interested parties.

(b) If any errors or omissions are discovered, the legislative body shall require the professional surveyor to correct them. When the legislative body has approved the report of the survey and plat, it shall give the plat an appropriate name and have it, together with the resolution of approval, recorded in the proper records in the county recorder's office. When recorded, the plat has the same legal effect as if it had been done by the owners of the tracts platted.

[Pre-Local Government Recodification Citation: 18-5-10-39.]

As added by Acts 1981, P.L.309, SEC.22. Amended by P.L.57-2013, SEC.100.
Ind. Code § 36-2-3-2 — Indiana Code / Title 36 / Article 2 / Chapter 3 / Section 36-2-3-2
County council to be county fiscal body
Status: in_force

Sec. 2. (a) The seven (7) member county council elected under this chapter is the county fiscal body. The fiscal body shall act in the name of "The _________ County Council".

(b) Notwithstanding subsection (a), in 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 IC 36-2-2-4(c), the county council has nine (9) members.

[Pre-Local Government Recodification Citations: Part new; 17-1-24-1; 17-1-28-1 part.]

As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1981, P.L.11, SEC.142; P.L.12-1992, SEC.152; P.L.119-2012, SEC.181; P.L.104-2022, SEC.149; P.L.201-2023, SEC.268.
Ind. Code § 36-7-13-8 — Indiana Code / Title 36 / Article 7 / Chapter 13 / Section 36-7-13-8
Property acquired by or from unit; no tax exemption
Status: in_force

Sec. 8. Property acquired by or from a unit under this chapter is not exempt from any taxes.

[Pre-Local Government Recodification Citation: 18-7-14-9.]

As added by Acts 1981, P.L.309, SEC.32. Amended by Acts 1981, P.L.310, SEC.80; P.L.262-1993, SEC.7.
Ind. Code § 36-9-36-56 — Indiana Code / Title 36 / Article 9 / Chapter 36 / Section 36-9-36-56
Foreclosure actions; parties; appearances; disposition of proceeds
Status: in_force

Sec. 56. (a) In a foreclosure action under this chapter, other than a foreclosure action in which the unit is the plaintiff, the plaintiff must do the following:

(1) Name the officer who has custody of the improvement funds of the unit as a party defendant.

(2) Name that officer as custodian of the improvement assessment fund of the unit.

(b) The officer described in subsection (a) shall then notify the attorney of the unit to appear in the action.

(c) The fiscal officer of the unit shall do the following:

(1) Trace the proceeds of the foreclosure so that proceeds arising from assessments for the improvement of a particular project are not diverted to the payment of any other improvement.

(2) Ensure that in each case the judgment proceeds constitute a special fund for the payment of contractors or bondholders for the particular work.

(d) The judgment proceeds shall be allocated to the proper public improvement fund for pro rata distribution to the bondholders or contractors who are entitled to those proceeds.

As added by P.L.98-1993, SEC.7.
Ind. Code § 36-7-12-32 — Indiana Code / Title 36 / Article 7 / Chapter 12 / Section 36-7-12-32
Repealed
Status: repealed

[Pre-Local Government Recodification Citation: 18-6-4.5-21.]

As added by Acts 1981, P.L.301, SEC.31. Amended by Acts 1982, P.L.28, SEC.12. Repealed by P.L.2-1987, SEC.53.
Ind. Code § 36-9-23-3 — Indiana Code / Title 36 / Article 9 / Chapter 23 / Section 36-9-23-3
Supervision and control
Status: in_force

Sec. 3. The construction, acquisition, improvement, operation, and maintenance of sewage works under this chapter shall be supervised and controlled by the municipal works board. However, the municipal legislative body may, by ordinance, transfer the powers and duties of the works board under this chapter to:

(1) a sanitary board established under section 4 of this chapter; or

(2) the utility service board, if the municipality has such a board operating one (1) or more municipally owned utilities.

[Pre-Local Government Recodification Citations: 19-2-5-3; 19-2-5-4 part.]

As added by Acts 1981, P.L.309, SEC.96.
Ind. Code § 36-7-32-18 — Indiana Code / Title 36 / Article 7 / Chapter 32 / Section 36-7-32-18
Repealed
Status: repealed

As added by P.L.192-2002(ss), SEC.187. Amended by P.L.219-2007, SEC.140. Repealed by P.L.146-2008, SEC.813.
Ind. Code § 36-1.5-1-2 — Indiana Code / Title 36 / Article 1.5 / Chapter 1 / Section 36-1.5-1-2
Authority for certain actions
Status: in_force

Sec. 2. This article contains full and complete authority for the following:

(1) Reorganization of political subdivisions.

(2) Exercise of governmental functions under a cooperative agreement under this article.

(3) Transfer of responsibilities between offices and officers under this article.

As added by P.L.186-2006, SEC.4.
Ind. Code § 36-10-11-29 — Indiana Code / Title 36 / Article 10 / Chapter 11 / Section 36-10-11-29
Governmental entity; tax levy to pay lease rental
Status: in_force

Sec. 29. (a) The fiscal body of a governmental entity that has entered into an approved lease under this chapter shall annually levy a tax sufficient to produce each year the necessary revenues that, with other available money, are sufficient to pay the lease rental payable under the lease.

(b) In fixing and determining the amount of the necessary levy to pay the lease rental, the fiscal body may take into consideration amounts that have been transferred to the fund for payment of the lease rental under section 16(e) of this chapter. This chapter does not relieve the governmental entity from the obligation to pay from taxes the lease rental or part of it if other funds are not available for that purpose. The tax levies are reviewable by other bodies vested by statute with authority to ascertain that the levies are sufficient to raise the amount that, with other money available, will be sufficient to meet the rental payable under the lease.

As added by Acts 1982, P.L.218, SEC.5.
Ind. Code § 36-1-10-2 — Indiana Code / Title 36 / Article 1 / Chapter 10 / Section 36-1-10-2
Definitions
Status: in_force

Sec. 2. As used in this chapter:

"Leasing agent" means the board or officer of a political subdivision or agency with the power to lease structures.

"Parking facility" refers to a parking facility as defined in IC 36-9-1.

"Structure" means:

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

(2) a parking facility.

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

"System" means:

(1) a computer (as defined in IC 36-8-15-4);

(2) a communications system (as defined in IC 36-8-15-3(1)); or

(3) mobile or remote equipment that is coordinated by or linked with a computer or communications system.

"Transportation project" means a road or highway project jointly undertaken by the Indiana department of transportation and any county through which a toll road project under IC 8-15-2 passes. A transportation project must be located within an area described in IC 8-15-2-1(a)(3) or IC 8-15-2-1(a)(4).

[Pre-Local Government Recodification Citation: 18-5-3.3-1 part.]

As added by Acts 1981, P.L.57, SEC.36. Amended by P.L.37-1988, SEC.10; P.L.343-1989(ss), SEC.13; P.L.18-1990, SEC.289.
Ind. Code § 36-2-21-3 — Indiana Code / Title 36 / Article 2 / Chapter 21 / Section 36-2-21-3
Employee evaluations
Status: in_force

Sec. 3. Results of evaluations shall be maintained as part of the employee's personnel record in accordance with county policy.

As added by P.L.40-2026, SEC.13.
Ind. Code § 36-8-11-13 — Indiana Code / Title 36 / Article 8 / Chapter 11 / Section 36-8-11-13
Trustees meetings and special meetings
Status: in_force

Sec. 13. (a) The board shall fix the time for holding regular meetings, but it shall meet at least once in the months of January, April, July, and October. The county legislative body may order that regular meetings be held more frequently.

(b) Special meetings of the board may be called by the chair or by two (2) trustees, upon written request to the secretary. At least three (3) days before a special meeting, the secretary shall send to all trustees a written notice fixing the time and place of the meeting. Written notice of a special meeting is not required if:

(1) the time of the special meeting has been fixed in a regular meeting; or

(2) all trustees were present at a meeting at which a special meeting was called.

[Pre-Local Government Recodification Citation: 19-1-45-15.]

As added by Acts 1981, P.L.309, SEC.63. Amended by P.L.127-2017, SEC.268.
Ind. Code § 36-12-10-12 — Indiana Code / Title 36 / Article 12 / Chapter 10 / Section 36-12-10-12
General obligation bonds
Status: in_force

Sec. 12. A municipal corporation may issue the corporation's general obligation bonds to procure funds to pay the cost of acquisition of real property. The bonds must be authorized, issued, and sold in accordance with IC 6-1.1-20.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-10-12.]

As added by P.L.1-2005, SEC.49. Amended by P.L.42-2018, SEC.57.
Ind. Code § 36-1-24-8 — Indiana Code / Title 36 / Article 1 / Chapter 24 / Section 36-1-24-8
Owner occupied short term rental property is a permitted residential use
Status: in_force

Sec. 8. A short term rental of owner occupied short term rental property is a permitted residential use under any applicable zoning ordinance of a unit and may not be disallowed by any zoning ordinance (as defined in IC 36-7-1-22) in a zoning district or classification of a unit that permits residential use.

As added by P.L.73-2018, SEC.1.
Ind. Code § 36-7-29-8 — Indiana Code / Title 36 / Article 7 / Chapter 29 / Section 36-7-29-8
"Substance" defined
Status: in_force

Sec. 8. As used in this chapter, "substance" has the meaning set forth in IC 13-11-2-98 for the term "hazardous substance".

As added by P.L.44-1994, SEC.11. Amended by P.L.1-1996, SEC.90.
Ind. Code § 36-2-13-2.5 — Indiana Code / Title 36 / Article 2 / Chapter 13 / Section 36-2-13-2.5
Salary contracts for sheriffs; required provisions; legalization of certain contracts entered into before January 1, 1993
Status: in_force

Sec. 2.5. (a) The sheriff, the executive, and the fiscal body may enter into a salary contract for the sheriff.

(b) A sheriff's salary contract must contain the following provisions:

(1) A fixed amount of compensation for the sheriff in place of fee compensation.

(2) Payment of the full amount of the sheriff's compensation from the county general fund in the manner that salaries of other county officials are paid.

(3) Deposit by the sheriff of the sheriff's tax warrant collection fees (as described in IC 6-8.1-8-3) in the county general fund for use for any general fund purpose.

(4) A procedure for financing prisoners' meals that uses one (1) of the following methods:

(A) The county fiscal body shall make an appropriation in the usual manner from the county general fund to the sheriff for feeding prisoners. The sheriff or the sheriff's officers, deputies, or employees may not make a profit from the appropriation. The sheriff shall deposit all meal allowances received under IC 36-8-10-7 in the county general fund for use for any general fund purpose.

(B) The sheriff shall pay for feeding prisoners from meal allowances received under IC 36-8-10-7. The sheriff or the sheriff's officers, deputies, or employees may not make a profit from the meal allowances. After the expenses of feeding prisoners are paid, the sheriff shall deposit any unspent meal allowance money in the county general fund for use for any general fund purpose.

(5) A requirement that the sheriff shall file an accounting of expenditures for feeding prisoners with the county auditor on the first Monday of January and the first Monday of July of each year.

(6) An expiration date that is not later than the date that the term of the sheriff expires.

(7) Other provisions concerning the sheriff's compensation to which the sheriff, the county executive, and the fiscal body agree.

A contract entered before January 1, 1993, by a county sheriff and a county executive or county fiscal body that substantially complies with this subsection is legalized.

(c) A salary contract is entered under this section when a written document containing the provisions of the contract is:

(1) approved by resolution of both the executive and the fiscal body; and

(2) signed by the sheriff.

(d) A salary contract entered into under this section before November 1, 2010, with a sheriff who is reelected to office in 2010 is subject to section 17 of this chapter.

As added by P.L.83-1993, SEC.2. Amended by P.L.40-2008, SEC.2; P.L.220-2011, SEC.644.
Ind. Code § 36-7-4-210 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-210
Membership of commission; advisory council on town affairs
Status: in_force

Sec. 210. (a) AREA. In a county where there are two (2) or more towns having a population of not more than two thousand one hundred (2,100) neither of which has a representative on the area plan commission under section 207(c)(7) of this chapter that are participating in an area planning department, there is established an advisory council on town affairs. Each participating legislative body of such a town shall select one (1) of its members as its representative on the advisory council. The advisory council shall meet as soon as possible after the establishment of the planning department. It shall meet in the town hall of the participating town having the largest population, on the call of the representative of that town, who shall act as chair of the first meeting. Thereafter, the council shall elect its own chair.

(b) AREA. The advisory council shall at its first meeting select from its membership an appropriate number of voting representatives to the area plan commission. If the advisory council is composed of five (5) members or less, it is entitled to one (1) voting representative on the area plan commission. If the advisory council is composed of more than five (5) members, it is entitled to two (2) voting representatives on the area plan commission.

(c) AREA. The chair and the representatives on the advisory council shall be elected for one (1) year terms, terminating at the end of the year.

(d) AREA. If there are not any cities located within a county, then the town having the largest population and participating in the planning department in the county shall select a citizen member to serve on the area plan commission. The legislative body of that town shall appoint that member as prescribed by section 218(e) of this chapter.

[Pre-Local Government Recodification Citations: 18-7-4-210; 18-7-4-26.]

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.8; Acts 1982, P.L.1, SEC.63; P.L.127-2017, SEC.169.
Ind. Code § 36-10-7.5-1.5 — Indiana Code / Title 36 / Article 10 / Chapter 7.5 / Section 36-10-7.5-1.5
"Park and recreation board" defined
Status: in_force

Sec. 1.5. As used in this chapter, "park and recreation board" refers to a township park and recreation board established under section 5.5 of this chapter.

As added by P.L.271-1993, SEC.3.
Ind. Code § 36-9-25-1 — Indiana Code / Title 36 / Article 9 / Chapter 25 / Section 36-9-25-1
Application of chapter
Status: in_force

Sec. 1. (a) This chapter applies to the following:

(1) A second class city located in a county having a population of more than one hundred twelve thousand (112,000) and less than one hundred twenty thousand (120,000).

(2) Each municipality in a county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000) in which the legislative body has adopted this chapter by ordinance.

(b) This chapter also applies to each second class city not in a county described in subsection (a)(1) or (a)(2), in which the legislative body has adopted this chapter by ordinance.

(c) In addition, in a consolidated city, sections 9 through 38 of this chapter apply to the department of public works and the board of public works, subject to IC 36-3-4-23.

[Pre-Local Government Recodification Citations: subsection (a) formerly 19-2-27-1 part; 19-2-27-3; subsection (b) formerly 19-2-14-32 part; 19-2-28-1 part; 19-2-28-6; 19-2-28.5-1; 19-2-28.5-3 part; subsection (c) formerly 18-4-2-9(a) part.]

As added by Acts 1981, P.L.309, SEC.98. Amended by P.L.12-1992, SEC.179; P.L.80-1997, SEC.19; P.L.170-2002, SEC.168; P.L.119-2012, SEC.230; P.L.104-2022, SEC.212.
Ind. Code § 36-9-4-54 — Indiana Code / Title 36 / Article 9 / Chapter 4 / Section 36-9-4-54
Transportation of school pupils; contracts
Status: in_force

Sec. 54. An urban mass transportation system operating under this chapter may be used for the transportation of pupils to and from schools under a contract made with any school corporation having jurisdiction within the taxing district of the public transportation corporation. The system is solely responsible for the bus drivers' employment and actions, but the bus drivers must meet the qualifications for drivers of school buses as provided in IC 20-27-8. The buses used for the rendition of service under this section need not meet the requirements of the statutes relating to the construction, equipment, and painting of school buses.

[Pre-Local Government Recodification Citation: 19-5-2-35.]

As added by Acts 1981, P.L.309, SEC.77. Amended by P.L.1-2005, SEC.239.
Ind. Code § 36-7-31-16 — Indiana Code / Title 36 / Article 7 / Chapter 31 / Section 36-7-31-16
Professional sports development area fund; sports and convention facilities operating fund
Status: in_force

Sec. 16. (a) A professional sports development area fund for the county is established. The fund shall be administered by the department. Money in the fund does not revert to the state general fund at the end of a state fiscal year.

(b) A sports and convention facilities operating fund for the county is established. The fund shall be administered by the department. Money in the fund does not revert to the state general fund at the end of a state fiscal year.

As added by P.L.255-1997(ss), SEC.19. Amended by P.L.182-2009(ss), SEC.415.
Ind. Code § 36-1-3-3 — Indiana Code / Title 36 / Article 1 / Chapter 3 / Section 36-1-3-3
Rule of law; resolution of doubt as to existence of power of a unit
Status: in_force

Sec. 3. (a) The rule of law that any doubt as to the existence of a power of a unit shall be resolved against its existence is abrogated.

(b) Any doubt as to the existence of a power of a unit shall be resolved in favor of its existence. This rule applies even though a statute granting the power has been repealed.

[Pre-Local Government Recodification Citations: 17-2-2.5-6 part; 18-1-1.5-23 part; 18-4-2-36 part.]

As added by Acts 1980, P.L.211, SEC.1.
Ind. Code § 36-7-11.1-4 — Indiana Code / Title 36 / Article 7 / Chapter 11.1 / Section 36-7-11.1-4
Administrator; staff; work program; information; offices and facilities; annual budget
Status: in_force

Sec. 4. (a) After consulting with the executive of the consolidated city and the director of the department of metropolitan development, the commission may appoint or remove an administrator. The administrator shall, in accordance with the personnel policies and practices of the city, hire and discharge additional staff, following the standards and qualifications established by the commission. No consideration may be given to political affiliation in the selection and tenure of the staff. The commission shall determine the compensation of the administrator and other staff consistent with ordinances of the legislative body adopted under IC 36-3-6-3.

(b) Before December 1 each year, the commission shall adopt a work program defining the activities that are proposed to be carried out by staff during the next calendar year. At least forty-five (45) days before the commission desires to adopt a work program, it shall submit a copy of the proposed work program to the executive of the consolidated city and to the director of the department of metropolitan development. The executive and director shall, within thirty (30) days after submission, review and provide comments to the commission regarding the proposed work program. After comments have been received from the executive and the director and considered by the commission or after thirty (30) days have elapsed from the date of submission (whichever occurs first), the commission shall adopt a work program. Activities carried out during the calendar year must conform to or not substantially depart from the work program. The work program may be modified during the applicable calendar year in the same manner as the adoption of the original work program, except that the executive and the director have only ten (10) days in which to review and comment on the proposed work program modification, and the commission may then immediately adopt a work program modification.

(c) The administrator shall provide information that will allow the director of the department of metropolitan development to coordinate the activities of the department of metropolitan development with the activities of the commission and its staff. In order to achieve consistency in administrative practices and policies between the consolidated city and the staff of the commission, the administrator shall seek the advice and guidance of the director regarding such matters as budgeting and fiscal control, personnel administration, and purchasing.

(d) The commission shall establish and maintain offices and facilities as may be necessary for the performance of its duties, the activities of its staff, and the preservation of its records, documents, and accounts. The location of the offices must be approved by the executive of the consolidated city.

(e) The commission shall prepare and submit annually to the fiscal officer of the consolidated city its estimate of the expenditures required for its operations and fiscal responsibilities for the ensuing fiscal year. The budget of the commission and its staff constitutes a part of the consolidated city budget and shall be determined in accordance with IC 36-3-6, and the county comprises the taxing district for the commission.

As added by Acts 1982, P.L.77, SEC.6.
Ind. Code § 36-2-2-3 — Indiana Code / Title 36 / Article 2 / Chapter 2 / Section 36-2-2-3
Election of executive; terms
Status: in_force

Sec. 3. (a) The executive shall be elected under IC 3-10-2-13 by the voters of the county. The number of members to be elected to the executive alternates between one (1) and two (2) at succeeding general elections.

(b) The term of office of a member of the executive is four (4) years, beginning January 1 after election and continuing until a successor is elected and qualified.

[Pre-Local Government Recodification Citations: 17-1-15-1 part; 17-3-1-1 part.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.5-1986, SEC.33.
Ind. Code § 36-7-11.2-25 — Indiana Code / Title 36 / Article 7 / Chapter 11.2 / Section 36-7-11.2-25
Service without compensation
Status: in_force

Sec. 25. Members of the commission serve without compensation.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-3(a) part.]

As added by P.L.1-1995, SEC.83.
Ind. Code § 36-7-4.2-7 — Indiana Code / Title 36 / Article 7 / Chapter 4.2 / Section 36-7-4.2-7
"Will-serve letter"
Status: in_force

Sec. 7. As used in this chapter, "will-serve letter" means a written document:

(1) issued by a water and sewer service provider to an owner or developer of a project or dwelling; and

(2) that states the provider is able and willing to provide water and sewer service to the project or dwelling subject to the conditions, if any, set forth in the document.

As added by P.L.117-2026, SEC.3.
Ind. Code § 36-2-10-14 — Indiana Code / Title 36 / Article 2 / Chapter 10 / Section 36-2-10-14
Deposit of redeemed warrants; receipt
Status: in_force

Sec. 14. On the first Monday in March, June, September, and December, the treasurer shall deposit all the county warrants the treasurer has redeemed with the county auditor, who shall give the treasurer a receipt for them.

[Pre-Local Government Recodification Citation: 17-3-32-11.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.68.
Ind. Code § 36-8-6-21 — Indiana Code / Title 36 / Article 8 / Chapter 6 / Section 36-8-6-21
Rollover to eligible retirement plan
Status: in_force

Sec. 21. Notwithstanding any other provision of this chapter, to the extent required by Internal Revenue Code Section 401(a)(31), as added by the Unemployment Compensation Amendments of 1992 (P.L.102-318), and any amendments and regulations related to Section 401(a)(31), the 1925 fund shall allow participants and qualified beneficiaries to elect a direct rollover of eligible distributions to another eligible retirement plan.

As added by P.L.10-1993, SEC.15.
Ind. Code § 36-5-1.1-9 — Indiana Code / Title 36 / Article 5 / Chapter 1.1 / Section 36-5-1.1-9
Appeal; notice; bond; transcript; change of venue; effective date of dissolution
Status: in_force

Sec. 9. (a) A person aggrieved by a decision made by the county executive under section 6 of this chapter may, within thirty (30) days, appeal that decision or result to the circuit court for the county containing more than fifty percent (50%) in assessed valuation of the land in the town. The appeal is instituted by giving written notice to the clerk of the circuit court and filing with the county executive a bond for five hundred dollars ($500), with surety approved by the county executive. The bond must provide:

(1) that the appeal will be duly prosecuted; and

(2) that the appellants will pay all costs if the appeal is decided against them.

(b) When an appeal is instituted, the county executive shall file with the clerk of the circuit court a transcript of all proceedings in the case, together with all papers filed in the case. The county executive may not take further action in the case until the appeal is heard and determined.

(c) An appeal under this section shall be heard by the circuit court without a jury. Change of venue from the judge may be granted, but change of venue from the county may not be granted. If the court orders the dissolution to take place, the circuit court clerk shall, immediately after the judgment of the court, certify the judgment of the circuit court to:

(1) the clerk of the municipality;

(2) the circuit court clerk of any other county in which the town is located; and

(3) the office of the secretary of state.

(d) The dissolution takes effect sixty (60) days after the order is certified.

As added by P.L.342-1987, SEC.2. Amended by P.L.5-1989, SEC.111; P.L.3-1997, SEC.459; P.L.123-2000, SEC.7; P.L.113-2010, SEC.125; P.L.104-2022, SEC.166.
Ind. Code § 36-7-4-913 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-913
Board of zoning appeals; secretary and employees
Status: in_force

Sec. 913. The board of zoning appeals may appoint a secretary and such employees as are necessary for the discharge of its duties.

[Pre-Local Government Recodification Citations: 18-7-2-65; 18-7-4-913; 18-7-4-73; 18-7-5-77.]

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.45.
Ind. Code § 36-7-31.5-7 — Indiana Code / Title 36 / Article 7 / Chapter 31.5 / Section 36-7-31.5-7
Approval of resolution by budget agency; requirements
Status: in_force

Sec. 7. (a) The budget agency must approve the resolution before the covered taxes may be allocated under section 8 of this chapter.

(b) When considering a resolution, the budget committee and the budget agency must make the following findings:

(1) The project specified in the resolution is economically sound and will benefit the people of Indiana by protecting or increasing state and local tax bases and tax revenues for at least the duration of the tax area established under this chapter.

(2) The political subdivisions affected by the project specified in the resolution have committed significant resources toward completion of the improvement.

(c) Revenues from the tax area may not be allocated until the budget agency approves the resolution.

(d) In addition to the requirements under subsections (a) and (c), covered taxes may not be allocated unless:

(1) the commission has established a tax area under section 8 of this chapter;

(2) the budget committee has reviewed the resolution;

(3) the city-county council has adopted an ordinance to impose an admissions tax under IC 6-9-13;

(4) the capital improvement board has adopted a resolution to apply revenue collected in the tax area and transferred to the capital improvement board from imposition of:

(A) an innkeeper's tax under IC 6-9-8; and

(B) an admissions tax under IC 6-9-13;

(5) the owner or owners of the professional soccer team have provided at least twenty percent (20%) of the cost of the project to construct the facility that will be used to host professional sporting events; and

(6) the Indiana finance authority has reviewed a feasibility study conducted by the capital improvement board, the commission, or the City of Indianapolis that demonstrates that the proposed project related to the proposed tax area will protect or increase the state tax base and revenues.

(e) Revenue described in subsection (d)(4) may be used in the manner described in section 15 of this chapter.

(f) For purposes of subsection (d)(5), the term "twenty percent (20%) of the cost" means either:

(1) an initial contribution made before construction begins equal to twenty percent (20%) of the total capital construction cost of the facility; or

(2) a commitment to pay twenty percent (20%) of the annual debt service or lease rental payments payable for the facility until the financing obligation for the facility is paid in full.

(g) An entity that:

(1) collects innkeeper's tax under IC 6-9-8 or food and beverage tax under IC 6-9-12 at one (1) or more properties in the tax area; and

(2) also has one (1) or more properties in the county that are outside the tax area;

must file separate returns for the properties in the tax area at which the entity collects innkeeper's tax under IC 6-9-8 or food and beverage tax under IC 6-9-12.

As added by P.L.109-2019, SEC.16.
Ind. Code § 36-9-28-18 — Indiana Code / Title 36 / Article 9 / Chapter 28 / Section 36-9-28-18
Standing water; removal; costs
Status: in_force

Sec. 18. The board of directors in charge of a project may pump out or remove from lands drained by a ditch any standing water that has no means of outlet. The board may purchase pumps or adopt other suitable means for the removal of the water, and the costs necessarily incurred on account of any work done under this section shall be assessed against the lands benefited by the removal of the water. The costs shall be paid, assessed against the lands benefited, and collected in the manner prescribed by section 16 of this chapter.

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

As added by Acts 1981, P.L.309, SEC.104.
Ind. Code § 36-5-1-13 — Indiana Code / Title 36 / Article 5 / Chapter 1 / Section 36-5-1-13
Bond for costs and expenses
Status: in_force

Sec. 13. A petition filed under section 12 of this chapter must be accompanied by a bond for costs and expenses, payable to and approved by the town legislative body. The petitioners shall pay all costs and expenses incurred under this chapter, including the expenses of an election, if their petition is not successful.

[Pre-Local Government Recodification Citation: 18-3-1-25 part.]

As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.219-2013, SEC.99.
Ind. Code § 36-1-23-1 — Indiana Code / Title 36 / Article 1 / Chapter 23 / Section 36-1-23-1
"Unit"
Status: in_force

Sec. 1. As used in this section, "unit" means a city, town, or township.

As added by P.L.184-2015, SEC.13.
Ind. Code § 36-7-22-12 — Indiana Code / Title 36 / Article 7 / Chapter 22 / Section 36-7-22-12
Assessments; percentage of benefit; notice; hearing; decision; lien; certification; economic improvement districts
Status: in_force

Sec. 12. (a) The board shall use the formula approved by the legislative body under section 7(a)(4) of this chapter to determine the percentage of benefit to be received by each parcel of real property within the economic improvement district. The board shall apply the percentage determined for each parcel to the total amount that is to be defrayed by special assessment and determine the special assessment for each parcel.

(b) Promptly after determining the proposed assessment for each parcel, the board shall 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 improvement district is on file and can be seen in the board's office;

(3) state the time and place where written remonstrances against the special assessment may be filed;

(4) set forth the time and place where the board will hear any owner of assessed real property who has filed a remonstrance before the hearing date; and

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

(c) The notices must be deposited in the mail 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.

(d) At the time fixed in the notice, the board shall hear any owner of assessed real property who has filed a written remonstrance before the date of the hearing. The hearing may be continued from time to time as long as is necessary to hear the owners.

(e) The board shall render its decision by either confirming or decreasing each special assessment by setting opposite each name, parcel, and proposed assessment, the amount of the assessment as determined by the board. However, if the total of the special assessments exceeds the amount needed, the board shall make a prorated reduction in each special assessment.

(f) Except as provided in section 13 of this chapter, the signing of the special assessment schedule by a majority of the members of the board and the delivery of the schedule to the county auditor constitute a final and conclusive determination of the benefits that are assessed.

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

(h) 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.

As added by P.L.195-1988, SEC.1. Amended by P.L.131-2008, SEC.55; P.L.1-2009, SEC.166; P.L.113-2010, SEC.137; P.L.207-2018, SEC.6.
Ind. Code § 36-6-9-3 — Indiana Code / Title 36 / Article 6 / Chapter 9 / Section 36-6-9-3
"Capital improvement fund"
Status: in_force

Sec. 3. As used in this chapter, "capital improvement fund" means a township fund, the money in which may be used for the payment of capital improvements. The term includes:

(1) the general fund;

(2) the fire protection and emergency services fund under IC 36-8-13;

(3) a cumulative firefighting building and equipment fund under IC 36-8-14;

(4) an equipment replacement fund under IC 36-8-19-8.5;

(5) a cumulative township vehicle and building fund under IC 36-9-17.5;

(6) a cumulative building fund under IC 36-10-7.5-19;

(7) a public park fund under IC 36-10-7-7; and

(8) any other fund established by a township for the payment of capital improvements.

As added by P.L.129-2019, SEC.4.
Ind. Code § 36-9-37-1 — Indiana Code / Title 36 / Article 9 / Chapter 37 / Section 36-9-37-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to all municipalities.

As added by P.L.98-1993, SEC.8.
Ind. Code § 36-7-15.5-9 — Indiana Code / Title 36 / Article 7 / Chapter 15.5 / Section 36-7-15.5-9
Public hearing; determination of questions; adoption, amendment, or rejection of resolution; district boundaries; additional hearing; notice
Status: in_force

Sec. 9. (a) At the public hearing under section 8 of this chapter, the commission shall hear all owners in the proposed district (who appear and request to be heard) upon the questions of:

(1) the sufficiency of the notice;

(2) whether the proposed improvement and maintenance project is of public utility and benefit;

(3) whether all of the probable benefits of the proposed improvement and maintenance project will be equal to or exceed the estimated cost of the project or any limitation on the amount of the levy, whichever is less;

(4) whether the formula to be used for the assessment of special benefits and damages is appropriate; and

(5) whether the district contains all, or more or less than all, of the property specially benefited or damaged by the proposed project.

(b) After the public hearing (which may be adjourned from time to time without further notice), the commission shall make a determination on the following questions:

(1) Whether the required notice was given.

(2) Whether the proposed improvement and maintenance project is of public utility and benefit.

(3) Whether all of the probable benefits of the proposed project will equal or exceed the estimated cost of the project or any limitation on the amount of the assessment levy, whichever is less.

(4) Whether the formula to be used for the assessment of special benefits and damages is appropriate.

(5) Whether the proposed improvement and maintenance district contains all, or more, or less than all, of the real property specially benefited or damaged by the proposed project.

(c) If the commission resolves affirmatively on questions (1) through (4) in subsection (b) and determines that the proposed district contains all of the real property specially benefited or damaged, and does not contain real property not specially benefited or damaged, then it shall adopt the resolution establishing the district with the boundaries described in the resolution.

(d) If the commission resolves negatively on question (1), (2), (3), or (4) in subsection (b), it may amend the resolution, issue additional notice, and hold further proceedings as it considers proper, or the commission may reject the resolution.

(e) If the commission resolves affirmatively on questions (1) through (4) in subsection (b) and determines that real property not specially benefited or damaged has been included within the proposed boundaries, then it shall redefine the boundaries of the proposed district and include only the real property that is specially benefited or damaged, and shall establish the district with the boundaries as redefined.

(f) If the commission resolves affirmatively on questions (1) through (4) in subsection (b) and determines that either:

(1) all of the real property specially benefited or damaged has not been included within the proposed boundaries; or

(2) all of the real property specially benefited or damaged has not been included within the proposed boundaries, and some real property has been included which is not specially benefited or damaged;

then it shall fix a date for an additional hearing. Notice of the additional hearing shall be given by publication in accordance with IC 5-3-1 and by certified mail at least twenty (20) days before the hearing to the owners in an area proposed to be added to the district that was not included in the initial petition. The notice must describe the proposed revised boundaries. At the additional hearing, all owners of real property or their representatives within the proposed district boundaries, as revised, may be heard, after which the commission shall adopt its resolution on establishment of the improvement and maintenance district.

(g) Adoption of a resolution under this section constitutes notice to all owners who have appeared, or who have been notified of the proceedings, as provided in this section, that their property will be subject to an assessment of special benefits and damages as provided in this chapter.

As added by P.L.194-1988, SEC.1.
Ind. Code § 36-5-1-7 — Indiana Code / Title 36 / Article 5 / Chapter 1 / Section 36-5-1-7
Petition to incorporate town within certain distance of city boundaries
Status: in_force

Sec. 7. (a) The petitioners must obtain the consent by ordinance of the legislative body of a consolidated city before incorporating a town if any part of the proposed town is within four (4) miles of the corporate boundaries of the city. The legislative body of the consolidated city shall:

(1) consent to the incorporation; or

(2) deny consent to the incorporation;

not later than ninety (90) days after the legislative body receives the petitioners' written request. If the legislative body fails to act not later than ninety (90) days after the legislative body receives the petitioners' written request, the legislative body is considered to have consented to the petitioners' request for incorporation.

(b) The petitioners must obtain the consent by ordinance of the legislative body of a second or third class city before incorporating a town if any part of the proposed town is within three (3) miles of the corporate boundaries of the city. The legislative body of the city shall:

(1) consent to the incorporation; or

(2) deny consent to the incorporation;

not later than ninety (90) days after the legislative body receives the petitioners' written request. If the legislative body fails to act not later than ninety (90) days after the legislative body receives the petitioners' written request, the legislative body is considered to have consented to the petitioners' request for incorporation.

(c) Subsection (b) does not apply to a county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000).

[Pre-Local Government Recodification Citation: 18-3-1-9.]

As added by Acts 1980, P.L.212, SEC.4. Amended by Acts 1982, P.L.1, SEC.58; P.L.195-1984, SEC.2; P.L.5-1988, SEC.212; P.L.12-1992, SEC.161; P.L.147-2013, SEC.3; P.L.11-2023, SEC.116.
Ind. Code § 36-7-27-3 — Indiana Code / Title 36 / Article 7 / Chapter 27 / Section 36-7-27-3
"Commission"
Status: in_force

Sec. 3. As used in this chapter, "commission" refers to the metropolitan development commission acting as the redevelopment commission of a consolidated city, subject to IC 36-3-4-23.

As added by P.L.27-1992, SEC.28.
Ind. Code § 36-6-6-2.1 — Indiana Code / Title 36 / Article 6 / Chapter 6 / Section 36-6-6-2.1
Merged townships; township board; election; members
Status: in_force

Sec. 2.1. (a) This subsection does not apply to a township government merger under IC 36-6-1.7. If two (2) township governments merge, the resulting merged township government shall elect a three (3) member township board. The voters of the resulting merged township government shall elect all the members of the township board. One (1) member must reside within the boundaries of each of the township governments that merged.

(b) This subsection does not apply to a township government merger under IC 36-6-1.7. If at least three (3) township governments merge, the resulting merged township government shall elect a township board that has the same number of members as the number of township governments that merged. The voters of the resulting merged township shall elect all the members of the township board. One (1) township board member must reside within the boundaries of each of the townships that merged.

(c) This subsection only applies to a township government merger under IC 36-6-1.7. Beginning with the 2030 general election, all voters of the resulting merged township government shall elect a three (3) member township board. Township board members shall be elected at large.

As added by P.L.240-2005, SEC.7. Amended by P.L.134-2026, SEC.13.
Ind. Code § 36-9-11.1-19 — Indiana Code / Title 36 / Article 9 / Chapter 11.1 / Section 36-9-11.1-19
Annual operating and income statement of facility
Status: in_force

Sec. 19. Within ninety (90) days after the close of each calendar year, an operating and income statement of the parking facility or facilities shall be prepared by the fiscal officer of the consolidated city, and kept on file in the fiscal officer's office open to examination by any holder of the revenue bonds. A copy of the statement shall be furnished to the original purchaser of the bonds upon request.

As added by Acts 1982, P.L.77, SEC.13. Amended by P.L.127-2017, SEC.299.
Ind. Code § 36-5-5-6 — Indiana Code / Title 36 / Article 5 / Chapter 5 / Section 36-5-5-6
Acting manager
Status: in_force

Sec. 6. The town legislative body may appoint a qualified person to perform the duties of the manager whenever the manager is absent or unable to perform 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 P.L.127-2017, SEC.149.
Ind. Code § 36-7-17.1-5 — Indiana Code / Title 36 / Article 7 / Chapter 17.1 / Section 36-7-17.1-5
Notice to residents of unit
Status: in_force

Sec. 5. The agency shall, after the acquisition of real property for use as provided in this chapter, take the steps necessary to fully inform the residents of each unit in which the dwellings are located of:

(1) the existence, nature, and location of the dwellings;

(2) the qualifications required for participation in the program under this chapter; and

(3) the terms and conditions on which the dwellings may be conveyed to qualified individuals.

As added by P.L.118-2013, SEC.16.
Ind. Code § 36-1-20-6 — Indiana Code / Title 36 / Article 1 / Chapter 20 / Section 36-1-20-6
Imposition of penalties for nuisances and violations of political subdivision's ordinances or codes
Status: in_force

Sec. 6. (a) This chapter does not prevent a political subdivision from imposing and collecting a penalty for an act or omission that is a nuisance or violation of the political subdivision's enforceable ordinances or codes, subject to subsection (b).

(b) A penalty permitted under subsection (a) may not be imposed until after:

(1) reasonable notice of the nuisance or violation has been given to the owner or the owner's designee;

(2) passage of a reasonable time, which must be stated in the notice, for the nuisance or violation to be cured; and

(3) failure of the nuisance or violation to be cured within the time stated in the notice.

As added by P.L.193-2014, SEC.9.
Ind. Code § 36-10-7.5-27 — Indiana Code / Title 36 / Article 10 / Chapter 7.5 / Section 36-10-7.5-27
Bondholder rights under other statutes
Status: in_force

Sec. 27. The general assembly covenants that it will not repeal or amend:

(1) IC 6-9-7-6;

(2) IC 6-9-7-7;

(3) IC 36-10-3-40;

(4) IC 36-10-3-41;

(5) IC 36-10-3-42; and

(6) IC 36-10-3-43;

in a manner that would adversely affect owners of the bonds as long as the bonds are outstanding.

As added by P.L.157-1991, SEC.15.
Ind. Code § 36-1-20.2-10 — Indiana Code / Title 36 / Article 1 / Chapter 20.2 / Section 36-1-20.2-10
Employment of relatives in direct line of supervision prohibited
Status: in_force

Sec. 10. Individuals who are relatives may not be employed by a unit in a position that results in one (1) relative being in the direct line of supervision of the other relative.

As added by P.L.135-2012, SEC.7.
Ind. Code § 36-7-11.2-40 — Indiana Code / Title 36 / Article 7 / Chapter 11.2 / Section 36-7-11.2-40
Proposed temporary or final orders
Status: in_force

Sec. 40. (a) Not later than five (5) days after the commission has determined a matter by vote, other than a rezoning matter referred to the commission by the development commission, a party who appeared at the hearing shall, upon request of the commission, file with the commission a proposed temporary or final order.

(b) A proposed final order must state in detail the basic facts that could have been found by the commission based upon substantial evidence of probative value actually introduced into evidence before the commission at a hearing on the matter.

(c) A proposed temporary order must state the basic facts:

(1) that could have been found by the commission based upon substantial evidence of probative value actually introduced into evidence before the commission at a hearing on the matter; and

(2) upon which the commission could properly have required a restriction, a limitation, a commitment, or an undertaking as a condition to a final affirmative determination of the matter.

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

As added by P.L.1-1995, SEC.83.
Ind. Code § 36-8-13-1 — Indiana Code / Title 36 / Article 8 / Chapter 13 / Section 36-8-13-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to all townships. However, this chapter does not apply to a township in which the fire department of the township has been consolidated under IC 36-3-1-6.1.

[Local Government Recodification Citation: New.]

As added by Acts 1981, P.L.309, SEC.65. Amended by P.L.227-2005, SEC.49.
Ind. Code § 36-7-23-3.7 — Indiana Code / Title 36 / Article 7 / Chapter 23 / Section 36-7-23-3.7
Applicability of chapter
Status: in_force

Sec. 3.7. This chapter applies to all units except townships.

As added by P.L.86-1999, SEC.6.
Ind. Code § 36-1-12-4.9 — Indiana Code / Title 36 / Article 1 / Chapter 12 / Section 36-1-12-4.9
Alternate procedures for projects costing less than certain amounts
Status: in_force

Sec. 4.9. (a) This section applies to a public work for the routine operation, routine repair, or routine maintenance of existing structures, buildings, or real property if the cost of the public work is estimated to be less than three hundred thousand dollars ($300,000).

(b) The board may award a contract for a public work described in subsection (a) in the manner provided in IC 5-22.

As added by P.L.176-2009, SEC.24. Amended by P.L.236-2023, SEC.161; P.L.86-2025, SEC.4.
Ind. Code § 36-1-10-11 — Indiana Code / Title 36 / Article 1 / Chapter 10 / Section 36-1-10-11
Property held in fee simple; sale procedure
Status: in_force

Sec. 11. (a) The lessor must hold in fee simple land on which a structure is to be erected, acquired, improved, remodeled, or expanded. The lessor must hold in fee simple a structure that is to be acquired, improved, remodeled, or expanded.

(b) The leasing agent may sell land or a structure owned by the political subdivision or agency to the lessor under the following procedure if the political subdivision wants to lease a structure proposed to be built, acquired, improved, remodeled, or expanded on that land:

(1) The leasing agent shall appoint two (2) appraisers to appraise the fair market value of the land or structure.

(2) The appraisers must be professionally engaged in making appraisals or licensed under IC 25-34.1.

(3) The appraisers shall return their appraisal to the leasing agent within two (2) weeks after the date of their appointment.

(4) The leasing agent shall sell the land or structure for not less than the appraised value. However, if the political subdivision or agency acquired the land or structure during the three (3) years preceding the date of the appointment of the appraisers, the land or structure may not be sold for an amount less than the amount paid by the political subdivision or agency for the land or structure.

(5) The leasing agent shall be paid in cash upon the agent's delivery of the deed.

(6) The leasing agent is not required to comply with any other law relating to the sale of land or structures by a political subdivision.

[Pre-Local Government Recodification Citation: 18-5-3.3-8.]

As added by Acts 1981, P.L.57, SEC.36. Amended by P.L.188-1988, SEC.2.
Ind. Code § 36-8-8-13 — Indiana Code / Title 36 / Article 8 / Chapter 8 / Section 36-8-8-13
Repealed
Status: repealed

[Pre-Local Government Recodification Citations: 19-1-17.8-11; 19-1-36.5-11.]

As added by Acts 1981, P.L.309, SEC.59. Amended by P.L.342-1985, SEC.7; P.L.5-1988, SEC.220; P.L.311-1989, SEC.11; P.L.5-1990, SEC.23; P.L.1-1990, SEC.367. Repealed by P.L.1-1991, SEC.212.
Ind. Code § 36-1-9.5-38 — Indiana Code / Title 36 / Article 1 / Chapter 9.5 / Section 36-1-9.5-38
Maximum aggregate rating; components; net current assets
Status: in_force

Sec. 38. (a) A contractor's maximum aggregate rating as determined from the statement will be the sum of the following rating components:

(1) Net current assets multiplied by ten (10).

(2) The lesser of:

(A) the net book value of construction equipment assets multiplied by eight (8); or

(B) one-half (1/2) of the amount determined under subdivision (1).

(3) The lesser of:

(A) net fixed and other assets multiplied by two (2); or

(B) the sum of the amounts determined under subdivisions (1) and (2) multiplied by twenty-five hundredths (0.25).

(b) An entity shall determine accepted net current assets from the statement submitted. Accepted net current assets may include only those net current assets that are readily convertible into working capital.

As added by P.L.85-1991, SEC.3.
Ind. Code § 36-1-11-9 — Indiana Code / Title 36 / Article 1 / Chapter 11 / Section 36-1-11-9
Trade or exchange as part of purchase price of new property
Status: in_force

Sec. 9. Whenever a disposing agent purchases new property with a condition that property of a similar nature is to be traded in or exchanged as part of the purchase and in reduction of the purchase price, the exchange or trade-in may be made without compliance with section 7 of this chapter but must comply with section 16 of this chapter.

[Pre-Local Government Recodification Citation: 18-4-5-6 part.]

As added by Acts 1981, P.L.57, SEC.37. Amended by P.L.60-1988, SEC.30.
Ind. Code § 36-4-7-1 — Indiana Code / Title 36 / Article 4 / Chapter 7 / Section 36-4-7-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to second and third class cities.

[Local Government Recodification Citation: New.]

As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981, P.L.44, SEC.45.
Ind. Code § 36-10-9.5-6 — Indiana Code / Title 36 / Article 10 / Chapter 9.5 / Section 36-10-9.5-6
Procurement of materials and work; emergency procedure; title to or interest in property
Status: in_force

Sec. 6. (a) The purchase or lease of material and work on a capital improvement shall be done by the board under statutes governing these activities by counties. However, if the total cost of construction or equipping of a capital improvement or of the alteration, maintenance, or repair of any building is estimated to be fifty thousand dollars ($50,000) or less, the board may procure materials and perform the work by its own employees and with owned or leased equipment without awarding a contract. In addition, in an emergency determined and declared by the board and entered in its records, the board may make emergency alterations, repairs, or replacements and contract for them without advertising for bids.

(b) Title to or interest in any property acquired shall be held in the name of the board, and the board has complete and exclusive authority to sell, lease, or dispose of it and to execute all conveyances, leases, contracts, and other instruments in connection with it.

As added by P.L.44-2026, SEC.29.
Ind. Code § 36-1.5-4-37 — Indiana Code / Title 36 / Article 1.5 / Chapter 4 / Section 36-1.5-4-37
Change of boundaries
Status: in_force

Sec. 37. The legislative bodies of the reorganizing political subdivisions and an adjacent political subdivision may change the boundaries of the reorganized political subdivision by adopting substantially identical resolutions clearly describing the boundary changes. The resolutions must be filed as required by law for a boundary change for the reorganized political subdivision and may not provide for a territory that is smaller than the territory permitted by law for any of the political subdivisions. If the law establishes additional procedures for the annexation or disannexation of the territory of a political subdivision, the political subdivisions changing boundaries must comply with the annexation or disannexation procedures required by law.

As added by P.L.186-2006, SEC.4.
Ind. Code § 36-8-10-21 — Indiana Code / Title 36 / Article 8 / Chapter 10 / Section 36-8-10-21
Application to certain counties; jail commissary fund; disposition of money from commissary sales; record of receipts and disbursements
Status: in_force

Sec. 21. (a) This section applies to any county that has a jail commissary that sells merchandise to inmates.

(b) A jail commissary fund is established, referred to in this section as "the fund". The fund is separate from the general fund, and money in the fund does not revert to the general fund.

(c) The sheriff, or the sheriff's designee, shall deposit all money from commissary sales into the fund, which the sheriff or the sheriff's designee shall keep in a depository designated under IC 5-13-8.

(d) The sheriff, or the sheriff's designee, at the sheriff's or the sheriff's designee's discretion and without appropriation by the county fiscal body, may disburse money from the fund for:

(1) merchandise for resale to inmates through the commissary;

(2) expenses of operating the commissary, including, but not limited to, facilities and personnel;

(3) special training in law enforcement for employees of the sheriff's department;

(4) equipment installed in the county jail;

(5) equipment, including vehicles and computers, computer software, communication devices, office machinery and furnishings, cameras and photographic equipment, animals, animal training, holding and feeding equipment and supplies, or attire used by an employee of the sheriff's department in the course of the employee's official duties;

(6) an activity provided to maintain order and discipline among the inmates of the county jail;

(7) an activity or program of the sheriff's department intended to reduce or prevent occurrences of criminal activity, including the following:

(A) Substance abuse.

(B) Child abuse.

(C) Domestic violence.

(D) Drinking and driving.

(E) Juvenile delinquency;

(8) expenses related to the establishment, operation, or maintenance of the sex and violent offender registry website under IC 36-2-13-5.5;

(9) an audit or review of the fund by an independent certified public accountant for years the fund is not included in an audit under IC 5-11-1-24.4 or IC 5-11-1-25; or

(10) any other purpose that benefits the sheriff's department that is mutually agreed upon by the county fiscal body and the county sheriff.

Money disbursed from the fund under this subsection must be supplemental or in addition to, rather than a replacement for, regular appropriations made to carry out the purposes listed in subdivisions (1) through (8).

(e) The sheriff shall maintain a record of the fund's receipts and disbursements. The state board of accounts shall prescribe the form for this record. The sheriff shall provide a copy of this record of receipts and disbursements to the county fiscal body not later than the following dates:

(1) January 15, for the quarter ending December 31 of the preceding year.

(2) April 15, for the quarter ending March 31 of a year.

(3) July 15, for the quarter ending June 30 of a year.

(4) October 15, for the quarter ending September 30 of a year.

As added by Acts 1981, P.L.48, SEC.4. Amended by P.L.395-1987(ss), SEC.1; P.L.19-1987, SEC.51; P.L.80-2000, SEC.1; P.L.116-2002, SEC.28; P.L.216-2007, SEC.55; P.L.54-2025, SEC.2.
Ind. Code § 36-9-27.8-5 — Indiana Code / Title 36 / Article 9 / Chapter 27.8 / Section 36-9-27.8-5
"Subdivision"
Status: in_force

Sec. 5. As used in this chapter, "subdivision" has the meaning set forth in IC 32-25.5-2-5.

As added by P.L.139-2018, SEC.2.
Ind. Code § 36-7-30.5-7 — Indiana Code / Title 36 / Article 7 / Chapter 30.5 / Section 36-7-30.5-7
Preparation for reuse of military bases
Status: in_force

Sec. 7. (a) The planning, replanning, rehabilitation, development, redevelopment, and other preparation for development or reuse of military bases and military base property are public and governmental functions that cannot be accomplished through the ordinary operations of private enterprise because of the following:

(1) The provisions of federal law that provide for the expeditious and affordable transfer of military base property to an entity established by local government for these purposes.

(2) The necessity for requiring the proper use of the land to best serve the interests of the unit and its citizens.

(3) The costs of the projects.

(b) The planning, replanning, rehabilitation, development, redevelopment, and other preparation for development or reuse will do the following:

(1) Benefit the public health, safety, morals, and welfare.

(2) Increase the economic well-being of counties represented on the development authority and the state.

(3) Serve to protect and increase property values in the counties represented on the development authority and the state.

(c) The planning, replanning, rehabilitation, development, redevelopment, and other preparation for development or reuse of military bases and military base property under this chapter are public uses and purposes for which public money may be spent and private property may be acquired.

(d) A development authority and all appropriate units shall, to the extent feasible under this chapter and consistent with the needs of the development authority and the units, provide a maximum opportunity for development or reuse of federal military bases by private enterprise or state and local government.

(e) This section shall be liberally construed to carry out the purposes of this section.

As added by P.L.203-2005, SEC.11.
Ind. Code § 36-7-4-1108 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1108-b
Child care home used as primary residence of care home operator
Status: in_force

Note: This version of section amended by P.L.152-2026, SEC.497, effective 7-1-2027. See also preceding version of this section amended by P.L.145-2026, SEC.248, effective 7-1-2026.

Sec. 1108. (a) This section applies only to a child care home that is used as the primary residence of the person who operates the child care home regardless of whether the child care home meets the definition set forth in IC 12-7-2-28.6.

(b) A zoning ordinance may not do any of the following:

(1) Exclude a child care home from a residential area solely because the child care home is a business.

(2) Impose limits on the number of children that may be served by a child care home at any one (1) time that vary from the limits set forth in IC 12-7-2-33.7 and IC 12-7-2-33.8.

(3) Impose requirements or restrictions upon child care homes that vary from the requirements and restrictions imposed upon child care homes by rules adopted by the division of family resources or the department of homeland security.

(c) Notwithstanding subsection (b), a child care home may be required to meet the same:

(1) zoning requirements;

(2) developmental standards; and

(3) building codes;

that apply to other residential structures in the same residential district or classification as the child care home.

As added by P.L.136-1993, SEC.23. Amended by P.L.145-2006, SEC.374; P.L.134-2024, SEC.9; P.L.152-2026, SEC.497.
Ind. Code § 36-2-1-7 — Indiana Code / Title 36 / Article 2 / Chapter 1 / Section 36-2-1-7
Effect of change in boundaries; officers in office; pending actions in court; taxes due; court orders
Status: in_force

Sec. 7. (a) All officers within the detached territory continue in office until replaced by qualified successors.

(b) A change in county boundaries does not affect any action pending in any court. All taxes due the state or county at the time of a boundary change shall be collected in the same manner as if the affected territory had not been detached.

(c) All court orders and judgments entered before a change in county boundaries remain in force until finally satisfied or settled.

[Pre-Local Government Recodification Citations: 17-1-12-7; 17-1-12-8; 17-1-12-9.]

As added by Acts 1980, P.L.212, SEC.1.
Ind. Code § 36-6-1-11 — Indiana Code / Title 36 / Article 6 / Chapter 1 / Section 36-6-1-11
Appeal; certification of judgment; effective date of order
Status: in_force

Sec. 11. (a) An action taken by a county executive under this chapter may be appealed to the circuit court of the county. The appeal shall be heard de novo on all questions presented.

(b) If the court orders the name change, alteration, or abolition of a township to take place, the circuit court clerk shall, immediately after the judgment of the court, certify the judgment of the circuit court to:

(1) the township executive; and

(2) the office of the secretary of state.

The order takes effect sixty (60) days after certification.

[Pre-Local Government Recodification Citations: 17-1-19-1 part; 17-4-3-1 part; 17-4-4-1 part; 17-4-4-2 part.]

As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.5-1989, SEC.119; P.L.3-1997, SEC.469; P.L.123-2000, SEC.16; P.L.104-2022, SEC.174.
Ind. Code § 36-10-10-33 — Indiana Code / Title 36 / Article 10 / Chapter 10 / Section 36-10-10-33
Board of managers; conflicts of interest
Status: in_force

Sec. 33. Persons serving on the board of managers shall disclose any pecuniary interest, direct or indirect, in any employment, financing agreement, or other contract made under this chapter before any action is taken on it by the board of managers. Any manager having a pecuniary interest may not vote on the matter. Real property acquired under this chapter in which a manager has a pecuniary interest may be acquired by the board of managers only by gift or condemnation.

As added by Acts 1982, P.L.218, SEC.4.
Ind. Code § 36-7-4-1007 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1007
Repealed
Status: repealed

[Pre-Local Government Recodification Citations: 18-7-2-79; 18-7-4-1007; 18-7-4-86; 18-7-5-90.]

As added by Acts 1981, P.L.309, SEC.23. Repealed by P.L.126-2011, SEC.68.
Ind. Code § 36-7-14-40 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-40
Violations; penalties
Status: in_force

Sec. 40. A person who knowingly:

(1) applies any money raised under this chapter to any purpose other than those permitted by this chapter; or

(2) fails to follow the voucher and warrant procedure prescribed by this chapter in expending any money raised under this chapter;

commits a Level 5 felony.

[Pre-Local Government Recodification Citations: 18-7-7-37; 18-7-7.1-38.]

As added by Acts 1981, P.L.309, SEC.33. Amended by P.L.158-2013, SEC.675.
Ind. Code § 36-7-11.3-27 — Indiana Code / Title 36 / Article 7 / Chapter 11.3 / Section 36-7-11.3-27
Continuance
Status: in_force

Sec. 27. For good cause shown, the chair of the commission may, at or before a regular or special meeting, continue any matter docketed for consideration or determination at the meeting until:

(1) the next regular meeting of the commission; or

(2) a special meeting set for a date not more than thirty (30) days following the date of the meeting for which the matter was previously docketed.

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

As added by P.L.1-1995, SEC.84. Amended by P.L.127-2017, SEC.190.
Ind. Code § 36-3-4-8 — Indiana Code / Title 36 / Article 3 / Chapter 4 / Section 36-3-4-8
Clerk of city-county legislative body; appointment; duties; posting roll call votes on Internet web site
Status: in_force

Sec. 8. (a) The city-county legislative body shall appoint a clerk for a term of one (1) year. The clerk serves at the pleasure of the legislative body and continues in office until the clerk's successor is appointed and qualified.

(b) The clerk is the clerk of the consolidated city. The clerk shall do the following:

(1) Act as secretary to the legislative body.

(2) Send out all notices of its meetings.

(3) Keep all its records.

(4) If the consolidated city maintains an Internet web site, post on the consolidated city's Internet web site the roll call votes of the consolidated city's legislative body not later than three (3) business days after the following:

(A) The date the roll call vote is taken if the consolidated city's software is able to generate a roll call vote.

(B) If the consolidated city's software is not able to generate a roll call vote, the date the city-county legislative body is first able to approve the minutes of the meeting at which the roll call vote was taken.

The clerk shall maintain the roll call vote information on the Internet web site for a period of four (4) years.

(5) Present ordinances and resolutions to the executive under section 15 of this chapter.

(6) Perform other duties connected with the work of the legislative body that are delegated to the clerk by the legislative body.

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

As added by Acts 1980, P.L.212, SEC.2. Amended by P.L.127-2017, SEC.114; P.L.204-2017, SEC.3.
Ind. Code § 36-8-6-9.7 — Indiana Code / Title 36 / Article 8 / Chapter 6 / Section 36-8-6-9.7
Members dying in line of duty before September 1, 1982; monthly benefit for surviving spouse, children, or parents
Status: in_force

Sec. 9.7. (a) This section applies to a member who died in the line of duty (as defined in section 10.1 of this chapter) before September 1, 1982.

(b) A payment shall be made to the surviving spouse of a deceased member in an amount fixed by ordinance, but at least an amount equal to thirty percent (30%) of the monthly pay of a first class patrolman per month during the surviving spouse's life if the spouse did not remarry before September 1, 1983. If the spouse remarried before September 1, 1983, and 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.

(c) Except as otherwise provided in this subsection, a payment shall also be made to each child of a deceased member less than eighteen (18) years of age, in an amount fixed by ordinance, but at least an amount equal to twenty percent (20%) of the monthly pay of a first class patrolman per month to each child:

(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 longer. However, the total of benefits under this subsection added to the benefits under subsection (b) may not exceed the maximum benefits computed under section 9 of this chapter for pension payments to a member who retires from active service after twenty (20) years or more of active service. This maximum benefit is equal to fifty percent (50%) of the salary of a first class patrolman in the police department plus, for a member who retired before January 1, 1986, two percent (2%) of the first class patrolman's salary for each year of service of the retired member over twenty (20) years or, for a member who retires after December 31, 1985, plus one percent (1%) of the first class patrolman's salary for each six (6) months of service of the retired member over twenty (20) years. However, the maximum benefit may not exceed in any year an amount greater than seventy-four percent (74%) of the salary of a first class patrolman.

(d) If a deceased member leaves no surviving spouse and no child who qualifies for benefits under subsection (c) but does leave a dependent parent or parents, an amount equal to twenty percent (20%) of the monthly pay of a first class patrolman per month from the time of the member's death shall be paid to the dependent parent or parents during their dependency. When both parents survive, the total amount is still twenty percent (20%), to be paid to them jointly. In all cases of payment to a dependent relative of a deceased member, the board is the final judge of the question of necessity and dependency and of the amount to be paid. The board may also reduce or terminate temporarily or permanently a payment to a dependent relative of a deceased member when it determines that the condition of the fund or other circumstances make this action necessary.

(e) If the salary of a first class patrolman is increased or decreased, the pension payable under this section shall be proportionately increased or decreased. However, the monthly pension payable to a member or survivor may not be reduced below the amount of the first full monthly pension received by that person.

(f) 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.7. Amended by P.L.86-2003, SEC.2.
Ind. Code § 36-7-4-712 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-712
Plat committee; exclusive control over vacation of plats or public ways; rules; public interest; appeals
Status: in_force

Sec. 712. (a) METRO. The plat committee has exclusive control over the vacation of:

(1) plats or parts of plats; and

(2) public ways, easements, or public places, or parts of any of them, whether or not they are included in an approved plat;

in the county. The plat committee may adopt rules governing the procedure for these vacations. The vacation of public ways, easements, or public places, or parts of any of them may be made only upon a finding by the plat committee that the vacation is in the public interest. The plat committee may accomplish the vacation of plats or parts of plats by proceeding in accordance with IC 36-7-3-10 or section 711 of this chapter.

(b) METRO. An applicant or other interested party may appeal the approval or disapproval of a vacation in the manner prescribed by section 402(d) of this chapter.

[Pre-Local Government Recodification Citation: 18-4-8-10(2).]

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.40; P.L.220-1986, SEC.24; P.L.2-1989, SEC.26; P.L.126-2011, SEC.23.
Ind. Code § 36-3-4-26 — Indiana Code / Title 36 / Article 3 / Chapter 4 / Section 36-3-4-26
Repealed
Status: repealed

[Pre-Local Government Recodification Citation: 18-1-4-2 part.]

As added by Acts 1980, P.L.212, SEC.2. Repealed by Acts 1980, P.L.73, SEC.23.
Ind. Code § 36-7-13-10.5 — Indiana Code / Title 36 / Article 7 / Chapter 13 / Section 36-7-13-10.5
Designation of districts in economically distressed counties; duration of district; notice publication; information to taxing units; budget agency review
Status: in_force

Sec. 10.5. (a) This section applies only to a county that meets the following conditions:

(1) The county's annual rate of unemployment has been above the average annual statewide rate of unemployment during at least three (3) of the preceding five (5) years.

(2) The median income of the county has:

(A) declined over the preceding ten (10) years; or

(B) has grown at a lower rate than the average annual statewide growth in median income during at least three (3) of the preceding five (5) years.

(3) The population of the county (as determined by the legislative body of the county) has declined over the preceding ten (10) years.

(b) Except as provided in section 10.7 of this chapter, in a county described in subsection (a), the legislative body of the county may adopt an ordinance designating an unincorporated part or unincorporated parts of the county as a district, and the legislative body of a municipality located within the county may adopt an ordinance designating a part or parts of the municipality as a district, if the legislative body finds all of the following:

(1) The area to be designated as a district contains a building or buildings that:

(A) have a total of at least fifty thousand (50,000) square feet of usable interior floor space; and

(B) are vacant or will become vacant due to the relocation of the employer or the cessation of operations on the site by the employer.

(2) Significantly fewer persons are employed in the area to be designated as a district than were employed in the area during the year that is ten (10) years previous to the current year.

(3) There are significant obstacles to redevelopment in the area due to any of the following problems:

(A) Obsolete or inefficient buildings.

(B) Aging infrastructure or inefficient utility services.

(C) Utility relocation requirements.

(D) Transportation or access problems.

(E) Topographical obstacles to redevelopment.

(F) Environmental contamination or remediation.

(c) A legislative body adopting an ordinance under subsection (b) shall designate the duration of the district. However, a district must terminate not later than fifteen (15) years after the income tax incremental amount or gross retail incremental amount is first allocated to the district.

(d) Except as provided in section 10.7 of this chapter, upon adoption of an ordinance designating a district, the legislative body 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.

(e) Upon completion of the actions required by subsection (d), the legislative body shall submit the ordinance to the budget committee for review and recommendation to the budget agency. If the budget agency fails to take action on an ordinance designating a district within one hundred twenty (120) days after the date that the ordinance is submitted to the budget committee, the designation of the district by the ordinance is considered approved.

(f) Except as provided in section 10.7 of this chapter, when considering the designation of a district by an ordinance adopted under this section, the budget committee and the budget agency must make the following findings before approving the designation of the district:

(1) The area to be designated as a district meets the conditions necessary for the designation as a district.

(2) The designation of the district will benefit the people of Indiana by protecting or increasing state and local tax bases and tax revenues for at least the duration of the district.

(g) Except as provided in section 10.7 of this chapter, the income tax incremental amount and the gross retail incremental amount may not be allocated to the district until the designation of the district by the local ordinance is approved under this section.

As added by P.L.174-2001, SEC.6. Amended by P.L.178-2002, SEC.118; P.L.81-2004, SEC.33 and P.L.90-2004, SEC.6; P.L.199-2005, SEC.31.
Ind. Code § 36-8-22-8 — Indiana Code / Title 36 / Article 8 / Chapter 22 / Section 36-8-22-8
Employee rights
Status: in_force

Sec. 8. (a) All employees have the right to:

(1) meet and freely assemble to discuss their interests as employees on the employees' own time;

(2) form an employee organization on the employees' own time; and

(3) join and assist an employee organization.

(b) The rights guaranteed under subsection (a) include the right to:

(1) solicit membership;

(2) join an employee organization to present the view of the employee; and

(3) have dues deducted from employee wages and submitted to the exclusive recognized representative.

(c) An employee may not be required to:

(1) become a member of; or

(2) pay dues to;

an employee organization.

As added by P.L.48-2007, SEC.1.
Ind. Code § 36-1-29.5-9 — Indiana Code / Title 36 / Article 1 / Chapter 29.5 / Section 36-1-29.5-9
Workforce retention and recruitment fund; administration
Status: in_force

Sec. 9. (a) If the executive of a unit establishes a program under section 8 of this chapter, the fiscal officer of the unit shall establish a workforce retention and recruitment fund for the purposes of the program.

(b) The fund shall consist of the following:

(1) Any private grants or contributions.

(2) Appropriations to the fund included in the unit's budget.

(3) Transfers of money to the fund under section 12 of this chapter.

(4) Any repayments to the fund under section 8(b) of this chapter.

(c) The executive of the unit shall administer the fund in coordination with a workforce fund board of managers established under section 10 of this chapter, including any qualified nonprofit organization established by the workforce fund managers under that section.

(d) Any money remaining in a fund at the end of the calendar year does not revert to the unit's general fund.

As added by P.L.135-2022, SEC.22.
Ind. Code § 36-7-11.3-2 — Indiana Code / Title 36 / Article 7 / Chapter 11.3 / Section 36-7-11.3-2
"Commission" defined
Status: in_force

Sec. 2. As used in this chapter, "commission" refers to a preservation commission created under this chapter.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-23(d) part.]

As added by P.L.1-1995, SEC.84.
Ind. Code § 36-2-11-18 — Indiana Code / Title 36 / Article 2 / Chapter 11 / Section 36-2-11-18
Marginal entries; satisfaction, cancellation, or assignment; entry in entry book or electronic index
Status: in_force

Sec. 18. (a) The recorder may allow marginal entries.

(b) If a satisfaction, cancellation, or assignment of any kind is made on the margin of a record in the recorder's office or entered as an associated document, the recorder shall immediately enter it on the entry book or into the electronic index. The entry must show the date of entry, the name of the person who executed the instrument satisfied, cancelled, or assigned, and the name, number, and page of the record where the instrument is recorded.

[Pre-Local Government Recodification Citation: 17-3-45-1.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.231-1989, SEC.12; P.L.127-2017, SEC.82.
Ind. Code § 36-8-10.6-7 — Indiana Code / Title 36 / Article 8 / Chapter 10.6 / Section 36-8-10.6-7
Requirement to complete executive training program one time during career
Status: in_force

Sec. 7. An appointed fire chief of a political subdivision is only required to complete the executive training program one (1) time during the fire chief's career.

As added by P.L.187-2021, SEC.144.
Ind. Code § 36-7-23-50 — Indiana Code / Title 36 / Article 7 / Chapter 23 / Section 36-7-23-50
Annual report
Status: in_force

Sec. 50. The board shall, at the close of each fiscal year, submit in an electronic format under IC 5-14-6 an annual report of its activities for the preceding year to the legislative council. Each member of the general assembly may receive a copy of the report by submitting a request to the executive director of the legislative council.

As added by P.L.346-1989(ss), SEC.7. Amended by P.L.28-2004, SEC.182.
Ind. Code § 36-1-8-16 — Indiana Code / Title 36 / Article 1 / Chapter 8 / Section 36-1-8-16
Property taxes collected for property disposed by county executive
Status: in_force

Sec. 16. (a) Except as provided in subsection (e), if a county executive disposes of real property, the property taxes collected for each item of the real property in the first year the item of real property is subject to taxation after the year the real property is sold or otherwise conveyed shall be disbursed to the county executive that sold or otherwise conveyed the item of real property.

(b) Disbursements to the county executive under subsection (a) shall be deposited into the county general fund, the redevelopment fund, the unsafe building fund, or the housing trust fund and shall be used only for one (1) or more of the purposes authorized under IC 36-7-14-22.5 or IC 36-7-15.1-15.5.

(c) The county executive shall forward a copy of each resolution that disposes or otherwise conveys real property to the county auditor.

(d) The disbursement of property taxes under subsection (a) shall terminate in the second year the item of real property is subject to taxation after the property is sold or otherwise conveyed.

(e) This section does not apply to real property to which IC 6-1.1-47 applies.

As added by P.L.169-2006, SEC.47. Amended by P.L.110-2017, SEC.3.
Ind. Code § 36-9-36-58 — Indiana Code / Title 36 / Article 9 / Chapter 36 / Section 36-9-36-58
Foreclosure actions; copy of complaint forwarded to disbursing officer; certification to disbursing officer of dismissals and sheriff's sales
Status: in_force

Sec. 58. (a) In every foreclosure action under this chapter, other than a foreclosure action in which the unit is the plaintiff, the plaintiff must forward to the disbursing officer a copy of the complaint that sets out, among other allegations, the following:

(1) The name of the owner or owners being sued.

(2) The description of the property.

(3) The name of the improvement.

(4) The number of the assessment roll.

(b) The disbursing officer shall enter the facts upon the duplicate involving the litigated assessment while the action is pending.

(c) All dismissals of foreclosure litigation and all proceedings of sheriff's sales in foreclosures of assessment liens shall be certified to the disbursing officer.

As added by P.L.98-1993, SEC.7.
Ind. Code § 36-9-28-6 — Indiana Code / Title 36 / Article 9 / Chapter 28 / Section 36-9-28-6
Board of assessors; duties; appeals from assessments; hearings; roll of property owners; corrections; actions to contest; costs
Status: in_force

Sec. 6. (a) After the letting of a contract or contracts under section 5 of this chapter, the court shall appoint three (3) competent, disinterested residents of the county to serve as the board of assessors for the project. The assessors shall take an oath to honestly and faithfully perform their duties as assessors.

(b) The board of assessors shall:

(1) inspect the line of the proposed project and the property within the area affected by the project;

(2) estimate and assess the benefits against each piece of property to be benefited by the project;

(3) award damages to each piece of property to be injuriously affected by the project; and

(4) prepare and file with the clerk of the circuit court an assessment roll of the assessment against each property owner.

The clerk shall then give written notice of the assessment and the right to appeal by certified mail or personal service upon each of the property owners being assessed as the property owner's name and address appears on the tax records of the county. The clerk shall make and file in the clerk's records an affidavit of the giving of the notice.

(c) Appeals from the assessments may be made to the circuit court within fifteen (15) days after the time of the filing of the clerk's affidavit of service. The appeals shall be conducted in the manner directed by the court.

(d) In hearing appeals of assessments, the board of assessors shall:

(1) sit at the times and places directed by the court;

(2) administer oaths;

(3) send for persons and papers; and

(4) hear testimony concerning the question of benefits and damages to be assessed.

The hearing may be continued from day to day.

(e) After hearing any appeals, the board of assessors shall finalize the roll of property owners whose property will be benefited or injured by the project, including:

(1) a description of the property affected; and

(2) the amount of the benefits or damages to the property, listed opposite each description;

and shall file it with the court.

(f) The board of assessors may correct a mistake or supply an omission in the roll at any time. Proceedings under this chapter are not defective or void because of an omission or defect in the roll, and a property owner may not object to the proceedings on the ground of any mistake in or omission of:

(1) the name of any person; or

(2) the description of any property.

The court may call the board together to make any necessary additions or corrections to the roll.

(g) An action to contest the assessments and the acts of the board of assessors must be commenced within:

(1) thirty (30) days after the affidavit of service by the clerk of the circuit court; or

(2) if an appeal is taken, within thirty (30) days after the filing of the final report with the court.

(h) The court shall make reasonable allowances to the board of assessors and for attorney's fees, and shall tax these allowances with the other costs of the proceedings. The allowances are payable out of money available from bond proceeds, assessments, or the municipal treasury.

[Pre-Local Government Recodification Citations: 19-4-20-6 part; 19-4-20-7; 19-4-20-9 part.]

As added by Acts 1981, P.L.309, SEC.104. Amended by P.L.84-2016, SEC.188; P.L.127-2017, SEC.366.
Ind. Code § 36-7-11.3-29 — Indiana Code / Title 36 / Article 7 / Chapter 11.3 / Section 36-7-11.3-29
Quorum
Status: in_force

Sec. 29. (a) A quorum of the commission consists of six (6) members. A quorum must be present for a public hearing on and the determination of a matter coming before the commission for which a public hearing is required under this chapter.

(b) Except as otherwise provided in this chapter, a majority vote of the members of the commission present and voting is required for the commission to take action.

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

As added by P.L.1-1995, SEC.84.
Ind. Code § 36-9-6.5-2 — Indiana Code / Title 36 / Article 9 / Chapter 6.5 / Section 36-9-6.5-2
Definitions
Status: in_force

Sec. 2. 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.

"Operation" includes control and engineering of traffic, traffic safety, road lighting, road access, utility locations, cuts in roads, vehicular parking and stopping, improvements of traffic movement, uses of the rights-of-way for roads, and mass transportation routes.

"Reconstruction" includes resurfacing, widening, and rebuilding.

As added by Acts 1982, P.L.77, SEC.12. Amended by P.L.220-1986, SEC.31.
Ind. Code § 36-7-38-21 — Indiana Code / Title 36 / Article 7 / Chapter 38 / Section 36-7-38-21
Transparency
Status: in_force

Sec. 21. A land bank is subject to IC 5-14-1.5 (open door law) and IC 5-14-3 (public records law).

As added by P.L.211-2016, SEC.1.
Ind. Code § 36-1-3-5 — Indiana Code / Title 36 / Article 1 / Chapter 3 / Section 36-1-3-5
Powers of unit; exercise; township exception
Status: in_force

Sec. 5. (a) Except as provided in subsection (b), a unit may exercise any power it has to the extent that the power:

(1) is not expressly denied by the Indiana Constitution or by statute; and

(2) is not expressly granted to another entity.

(b) A township may not exercise power the township has if another unit in which all or part of the township is located exercises that same power.

[Pre-Local Government Recodification Citations: 17-2-2.5-1 part; 17-2-2.5-3 part; 18-1-1.5-1 part; 18-1-1.5-16 part; 18-1-1.5-19 part; 18-4-2-33 part; 18-5-10-2.]

As added by Acts 1980, P.L.211, SEC.1. Amended by P.L.251-1993, SEC.2.
Ind. Code § 36-7-4-302 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-302
Organization; official action
Status: in_force

Sec. 302. (a) ADVISORY─AREA. Action of a plan commission is not official, unless it is authorized, at a regular or special meeting, by a majority of the entire membership of the plan commission.

(b) METRO. Action of the metropolitan development commission is not official, unless it is authorized, at a regular or special meeting, by:

(1) at least six (6) members, when at least ten (10) members are present at the meeting;

(2) at least five (5) members, when eight (8) or nine (9) members are present at the meeting; or

(3) at least four (4) members, when fewer than eight (8) members are present at the meeting.

[Pre-Local Government Recodification Citations: 18-7-2-13 part; 18-7-3-9 part; 18-7-4-302; 18-7-4-18 part; 18-7-5-19 part.]

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1982, P.L.212, SEC.1; P.L.192-1984, SEC.7; P.L.164-1995, SEC.17.
Ind. Code § 36-8-8-12 — Indiana Code / Title 36 / Article 8 / Chapter 8 / Section 36-8-8-12
Benefits for members with covered impairments; retirement benefits for members who have a disability and are less than 52 years old
Status: in_force

Sec. 12. (a) Benefits paid under this section are subject to sections 2.5 and 2.6 of this chapter.

(b) If an active fund member has a covered impairment, as determined under sections 12.3 through 13.1 of this chapter, the member is entitled to receive the benefit prescribed by section 13.3 or 13.5 of this chapter. A member who has had a covered impairment and returns to active duty with the department shall not be treated as a new applicant seeking to become a member of the 1977 fund.

(c) If a retired fund member who has not yet reached the member's fifty-second birthday is found by the system board to be permanently or temporarily unable to perform all suitable work for which the member is or may be capable of becoming qualified, the member is entitled to receive during the disability the retirement benefit payments payable at fifty-two (52) years of age. During a reasonable period in which a fund member with a disability is becoming qualified for suitable work, the member may continue to receive disability benefit payments. However, benefits payable for disability under this subsection are reduced by amounts for which the fund member is eligible from:

(1) a plan or policy of insurance providing benefits for loss of time because of disability;

(2) a plan, fund, or other arrangement to which the fund member's employer has contributed or for which the fund member's employer has made payroll deductions, including a group life policy providing installment payments for disability, a group annuity contract, or a pension or retirement annuity plan other than the fund established by this chapter;

(3) the federal Social Security Act (42 U.S.C. 401 et seq.), the Railroad Retirement Act (45 U.S.C. 231 et seq.), the United States Department of Veterans Affairs, or another federal, state, local, or other governmental agency;

(4) worker's compensation payable under IC 22-3; and

(5) a salary or wage, including overtime and bonus pay and extra or additional remuneration of any kind, the fund member receives or is entitled to receive from the member's employer.

For the purposes of this subsection, a retired fund member is considered eligible for benefits from subdivisions (1) through (5) whether or not the member has made application for the benefits.

(d) Notwithstanding any other law, a plan, policy of insurance, fund, or other arrangement:

(1) delivered, issued for delivery, amended, or renewed after April 9, 1979; and

(2) described in subsection (c)(1) or (c)(2);

may not provide for a reduction or alteration of benefits as a result of benefits for which a fund member may be eligible from the 1977 fund under subsection (c).

(e) Time spent receiving disability benefits, not to exceed twenty (20) years, is considered active service for the purpose of determining retirement benefits. A fund member's retirement benefit shall be based on:

(1) the member's years of active service; plus

(2) if applicable, the period, not to exceed twenty (20) years, during which the member received disability benefits.

(f) A fund member who is receiving disability benefits:

(1) under section 13.3(d) of this chapter; or

(2) based on a determination under this chapter that the fund member has a Class 3 impairment;

shall be transferred from disability to regular retirement status when the member becomes fifty-two (52) years of age.

(g) A fund member who is receiving disability benefits:

(1) under section 13.3(c) of this chapter; or

(2) based on a determination under this chapter that the fund member has a Class 1 or Class 2 impairment;

is entitled to receive a disability benefit for the remainder of the fund member's life in the amount determined under the applicable sections of this chapter.

[Pre-Local Government Recodification Citations: 19-1-17.8-10; 19-1-36.5-10.]

As added by Acts 1981, P.L.309, SEC.59. Amended by Acts 1981, P.L.182, SEC.11; P.L.28-1988, SEC.116; P.L.1-1989, SEC.73; P.L.55-1989, SEC.63; P.L.311-1989, SEC.6; P.L.1-1991, SEC.211; P.L.4-1992, SEC.45; P.L.213-1995, SEC.8; P.L.22-1998, SEC.21; P.L.118-2000, SEC.23; P.L.62-2006, SEC.6; P.L.99-2007, SEC.219; P.L.32-2009, SEC.1; P.L.34-2009, SEC.1; P.L.13-2011, SEC.18; P.L.35-2012, SEC.126.
Ind. Code § 36-9-37-43 — Indiana Code / Title 36 / Article 9 / Chapter 37 / Section 36-9-37-43
Unpaid warrants or checks; cancellation
Status: in_force

Sec. 43. (a) A warrant or check shall be canceled on December 31 of a year if the warrant or check:

(1) is for:

(A) the payment of principal or interest on bonds;

(B) the payment of nonwaivered funds to contractors for public improvements; or

(C) damages sustained by a property owner on account of the operation of the public improvement assessment laws; and

(2) has been written and not cashed for a period of at least two (2) years.

(b) The proceeds of the canceled warrants or checks shall be credited to the funds on which the warrants or checks were originally drawn. If the funds on which the checks or warrants were originally drawn cannot be determined, the proceeds shall be credited to the following:

(1) The surplus Barrett Law account if the warrants or checks were drawn on waivered accounts.

(2) The nonwaivered account if the proceeds were drawn on the nonwaivered account.

As added by P.L.98-1993, SEC.8.
Ind. Code § 36-8-13-4.6 — Indiana Code / Title 36 / Article 8 / Chapter 13 / Section 36-8-13-4.6
Maximum permissible property tax levy; adjustment where township imposes levy to pay fire protection and emergency services expenses
Status: in_force

Sec. 4.6. (a) For townships and municipalities that elect to have the township provide fire protection and emergency services under section 3(b) of this chapter, the department of local government finance shall adjust each township's and each municipality's maximum permissible levy in the year following the year in which the change is elected, as determined under IC 6-1.1-18.5-3, to reflect the change from providing fire protection or emergency services under a contract between the municipality and the township to allowing the township to impose a property tax levy on the taxable property located within the corporate boundaries of each municipality. Each municipality's maximum permissible property tax levy shall be reduced by the amount of the municipality's property tax levy that was imposed by the municipality to meet the obligations to the township under the fire protection or emergency services contract. The township's maximum permissible property tax levy shall be increased by the product of:

(1) one and five-hundredths (1.05); multiplied by

(2) the amount the township received:

(A) in the year in which the change is elected; and

(B) as fire protection or emergency services contract payments from all municipalities whose levy is decreased under this section.

(b) For purposes of determining a township's or municipality's maximum permissible ad valorem property tax levy under IC 6-1.1-18.5-3 for years following the first year after the year in which the change is elected, a township's or municipality's maximum permissible ad valorem property tax levy is the levy after the adjustment made under subsection (a).

As added by P.L.269-1993, SEC.4. Amended by P.L.2-1995, SEC.137; P.L.90-2002, SEC.495; P.L.236-2023, SEC.205.
Ind. Code § 36-9-3-12.5 — Indiana Code / Title 36 / Article 9 / Chapter 3 / Section 36-9-3-12.5
Repealed
Status: repealed

As added by P.L.90-1999, SEC.6. Amended by P.L.14-2000, SEC.86; P.L.233-2001, SEC.1; P.L.170-2002, SEC.166; P.L.70-2007, SEC.5. Repealed by P.L.182-2009(ss), SEC.469.
Ind. Code § 36-12-5-8 — Indiana Code / Title 36 / Article 12 / Chapter 5 / Section 36-12-5-8
Repealed
Status: repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-5.1-5.]

As added by P.L.1-2005, SEC.49. Repealed by P.L.42-2018, SEC.41.
Ind. Code § 36-7-14-24 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-24
Payment of expenses incurred before tax levy; procedure
Status: in_force

Sec. 24. (a) All expenses incurred by the department of redevelopment that must be paid before the collection of taxes levied under this chapter shall be paid in the manner prescribed by this section. The commission shall certify the items of expense to the fiscal officer of the unit requesting payment of the amounts certified. Subject to appropriation by the fiscal body of the unit, the fiscal officer shall then draw a warrant in the requested amount to be paid out of the general fund of the unit. If the unit has no unappropriated monies in its general fund, the fiscal officer of the unit may recommend to the fiscal body the temporary transfer from other funds of the unit of a sufficient amount to meet the items of expense, or the making of a temporary loan for that purpose. The fiscal body may make the transfer or authorize the temporary loan in the same manner that other transfers and temporary loans are made by the unit.

(b) The amount advanced by the unit under this section may not exceed fifty thousand dollars ($50,000), and the fund or funds of the unit from which the advancement is made shall be fully reimbursed and repaid by the redevelopment commission out of legally available revenues.

(c) The redevelopment commission may not use any part of the amount advanced by the unit under this section in the acquisition of real property.

[Pre-Local Government Recodification Citations: 18-7-7-22; 18-7-7.1-22.]

As added by Acts 1981, P.L.309, SEC.33. Amended by P.L.146-2008, SEC.731.
Ind. Code § 36-6-9-1 — Indiana Code / Title 36 / Article 6 / Chapter 9 / Section 36-6-9-1
Applicability of chapter
Status: in_force

Sec. 1. This chapter applies to the preparation of a budget for a township for a year after December 31, 2019.

As added by P.L.129-2019, SEC.4.
Ind. Code § 36-8-8-17.2 — Indiana Code / Title 36 / Article 8 / Chapter 8 / Section 36-8-8-17.2
Voluntary benefit deductions
Status: in_force

Sec. 17.2. (a) Notwithstanding any other provision of this chapter, a person receiving a disability, retirement, or survivor monthly benefit under this chapter may, after June 30, 2004, authorize the system board to make a deduction from the benefit.

(b) An authorization for a deduction from a disability, retirement, or survivor monthly benefit paid under this chapter is valid only if all the following requirements are met:

(1) The authorization is:

(A) in writing;

(B) signed personally by the person receiving the benefit;

(C) revocable at any time by the person receiving the benefit upon written notice to the system board; and

(D) agreed to in writing by the system board.

(2) An executed copy of the authorization is delivered to the system board within ten (10) days after its execution.

(3) The deduction is made for a purpose described in subsection (c).

(c) A deduction under this section may be made for the purpose of paying any of the following:

(1) A premium on a policy of insurance for medical, surgical, hospitalization, dental, vision, long term care, or Medicare supplement coverage offered to retired fund members by the fund member's former employer, the state, or the system board.

(2) Dues payable by the person receiving the benefit to a labor organization of which the person is a member.

As added by P.L.183-2003, SEC.3. Amended by P.L.35-2012, SEC.135; P.L.179-2018, SEC.13.
Ind. Code § 36-9-40-1 — Indiana Code / Title 36 / Article 9 / Chapter 40 / Section 36-9-40-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to counties.

As added by P.L.7-2002, SEC.1.
Ind. Code § 36-12-15-3 — Indiana Code / Title 36 / Article 12 / Chapter 15 / Section 36-12-15-3
Power; levy
Status: in_force

Sec. 3. The governing body may levy a tax of not more than one-tenth cent ($0.001) on each one dollar ($1) of taxable property assessed for taxation in a city or incorporated town in each year. The tax shall be placed on the tax duplicate of the city or incorporated town and collected in the same manner as other taxes. The taxes shall be paid to the governing body for the support and maintenance of the public library. The governing body may use tax revenues received under this section and gifts, devises, and grants to:

(1) provide suitable facilities for the library;

(2) purchase books and other materials; and

(3) hire necessary personnel.

[Pre-2006 Education Finance Recodification Citation: 20-26-5-26.]

As added by P.L.2-2006, SEC.198.
Ind. Code § 36-7-14.5-8 — Indiana Code / Title 36 / Article 7 / Chapter 14.5 / Section 36-7-14.5-8
Terms; removal; compensation
Status: in_force

Sec. 8. (a) The board is composed of three (3) members, who must be residents of the unit appointed by the executive of the unit.

(b) A member is entitled to serve a three (3) year term. A member may be reappointed to subsequent terms.

(c) If a vacancy occurs on the board, the executive of the unit shall fill the vacancy by appointing a new member for the remainder of the vacated term.

(d) A board member for a board established in a county containing a consolidated city may be removed for cause by the executive of the unit.

(e) This subsection applies to a board established in a county that does not contain a consolidated city. An individual who is appointed a board member serves at the pleasure of the member's appointing authority as long as:

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

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

If subdivision (1) or (2) does not apply, the individual may only be removed for cause.

(f) Each member, before entering upon the duties of office, must take and subscribe an oath of office under IC 5-4-1, which shall be endorsed upon the certificate of appointment and filed with the records of the board.

(g) A member may not receive a salary, and no profit or money of the authority inures to the benefit of a member.

As added by P.L.380-1987(ss), SEC.18. Amended by P.L.40-2026, SEC.19.
Ind. Code § 36-7-4-1335 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1335
Fee payer credits; infrastructure or improvements; amount of credit
Status: in_force

Sec. 1335. (a) As used in this section, "improvement" means an improvement under section 1313(2) of this chapter or a site improvement, land, or real property interest as follows:

(1) That is to be used for at least one (1) of the infrastructure purposes specified in section 1309 of this chapter.

(2) That is included in or intended to be used relative to an infrastructure type for which the unit has imposed an impact fee in the impact zone.

(3) That is not a type of improvement that is uniformly required by law or rule for the type of development on which the impact fee has been imposed.

(4) That is or will be:

(A) public property; or

(B) furnished or constructed under requirements of the unit and is or will be available for use by other development in the area.

(5) That is beneficial to existing development and future development in the impact zone and is not beneficial to only one (1) development.

(6) That either:

(A) allows the removal of a component of infrastructure planned for the impact zone;

(B) is a useful addition to the zone improvement plan; or

(C) is reasonably likely to be included in a future zone improvement plan for the impact zone.

(7) That is:

(A) constructed, furnished, or guaranteed by a bond or letter of credit under a request by an authorized official of the:

(i) applicable infrastructure agency; or

(ii) unit that imposed the impact fee; or

(B) required to be constructed or furnished under a written commitment that:

(i) is requested by an authorized official of the applicable infrastructure agency or the unit that imposed the impact fee;

(ii) concerns the use or developing of the development against which the impact fee is imposed; and

(iii) is made under section 1015 of this chapter.

(b) A fee payer is entitled to a credit against an impact fee if the owner or developer of the development constructs or provides:

(1) infrastructure that is an infrastructure type for which the unit imposed an impact fee in the impact zone; or

(2) an improvement.

(c) A fee payer is entitled to a credit under this section for infrastructure or an improvement that:

(1) is constructed or furnished relative to a development after January 1, 1989; and

(2) meets the requirements of this section.

(d) The amount of a credit allowed under this section shall be determined at the date the impact fee is assessed. However, if an assessment is not requested, the amount of the credit shall be determined at the time the structural building permit is issued. The amount of the credit shall be:

(1) determined by the:

(A) person constructing or providing the infrastructure or improvement; and

(B) applicable infrastructure agency; and

(2) equal to the sum of the following:

(A) The cost of constructing or providing the infrastructure or improvement.

(B) The fair market value of land, real property interests, and site improvements provided.

(e) The amount of a credit may be increased or decreased after the date the impact fee is assessed if, between the date the impact fee is assessed and the date the structural building permit is issued, there is a substantial and material change in the cost or value of the infrastructure or improvement that is constructed or furnished from the cost or value determined under subsection (d). However, at the time the amount of a credit is determined under subsection (d), the person providing the infrastructure or improvement and the applicable infrastructure agency may agree that the amount of the credit may not be changed. The person providing the infrastructure or improvement may waive the person's right to a credit under this section.

As added by P.L.221-1991, SEC.36. Amended by P.L.126-2011, SEC.43.
Ind. Code § 36-3-2-5 — Indiana Code / Title 36 / Article 3 / Chapter 2 / Section 36-3-2-5
Included town; home rule powers; restrictions; annexation of territory
Status: in_force

Sec. 5. (a) An included town has home rule powers under IC 36-1-3, including all the powers that municipalities of its class have according to law. However, an included town may not:

(1) enforce an ordinance or regulation that is in conflict with or permits a lesser standard than an applicable ordinance or regulation of the consolidated city; or

(2) issue general obligation bonds.

(b) An included town that wants to annex territory inside the county may annex only territory that is outside the corporate boundaries of the excluded cities in the county. This subsection applies notwithstanding IC 36-4-3-2; however:

(1) the included town must follow the procedures prescribed by IC 36-4-3 for other annexations; and

(2) all territory annexed under this subsection remains part of the consolidated city.

(c) An included town that wants to annex territory outside the county may do so in any manner prescribed by IC 36-4-3.

[Pre-Local Government Recodification Citations: subsection (a) formerly 18-4-4-6 part; 18-4-14-1 part; subsection (b) formerly 18-4-15-1(b); subsection (c) new.]

As added by Acts 1980, P.L.212, SEC.2.
Ind. Code § 36-9-36-13 — Indiana Code / Title 36 / Article 9 / Chapter 36 / Section 36-9-36-13
Confirmation, modification, or rescission of preliminary resolution
Status: in_force

Sec. 13. (a) After the works board determines the amount of special benefits that will accrue to the property liable to be assessed for the improvement, the works board may do any of the following:

(1) Confirm the preliminary resolution.

(2) Modify the preliminary resolution.

(3) Rescind the preliminary resolution.

(b) Except as provided in section 14 of this chapter, the preliminary resolution is final and conclusive on all parties if:

(1) the preliminary resolution is modified or confirmed under this section; and

(2) the improvement is ordered.

As added by P.L.98-1993, SEC.7.
Ind. Code § 36-4-8-10 — Indiana Code / Title 36 / Article 4 / Chapter 8 / Section 36-4-8-10
Repealed
Status: repealed

[Pre-Local Government Recodification Citations: 18-6-11-5 part; 18-6-11-6 part.]

As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1980, P.L.73, SEC.11. Repealed by Acts 1981, P.L.57, SEC.45.
Ind. Code § 36-8-8-7.2 — Indiana Code / Title 36 / Article 8 / Chapter 8 / Section 36-8-8-7.2
Fire chief or police chief transfer of service credit to PERF
Status: in_force

Sec. 7.2. (a) This section applies to an individual:

(1) who becomes a member of the 1977 fund under section 7(h) of this chapter;

(2) whose appointment as a fire chief or police chief ends after June 30, 2007; and

(3) who is not eligible to receive a benefit from the 1977 fund at the end of the individual's appointment as a fire chief or police chief.

(b) A fund member described in subsection (a) may elect:

(1) to receive the fund member's contributions to the 1977 fund under section 8 of this chapter; or

(2) to transfer the fund member's service credit earned as a fire chief or police chief to PERF under subsection (c).

(c) If a fund member makes the election described in subsection (b)(2), the system board shall:

(1) grant to the fund member service credit in PERF for all service earned as a fire chief or police chief in the 1977 fund; and

(2) transfer from the 1977 fund to PERF:

(A) the fund member's contributions made during the fund member's appointment as a fire chief or police chief to the 1977 fund; plus

(B) the present value of the unreduced benefit that would be payable to the transferring fund member upon retirement under section 10 of this chapter.

(d) The system board shall deposit the amounts transferred to PERF under subsection (c) as follows:

(1) The fund member's contributions to the 1977 fund shall be credited to the fund member's PERF annuity savings account.

(2) The present value of the unreduced benefit that would be payable to the transferring fund member upon retirement under section 10 of this chapter shall be credited to PERF's retirement allowance account.

(e) For a fund member who makes the election described in subsection (b)(2), all credit for service as a fire chief or police chief in the 1977 fund is waived.

As added by P.L.180-2007, SEC.9. Amended by P.L.35-2012, SEC.120.
Ind. Code § 36-2-9.5-17 — Indiana Code / Title 36 / Article 2 / Chapter 9.5 / Section 36-2-9.5-17
Personal liability for penalties and interest assessed by Internal Revenue Service; reimbursement
Status: in_force

Sec. 17. If a county auditor is held personally liable for penalties and interest assessed by the Internal Revenue Service, the county treasurer shall reimburse the county auditor in an amount equal to the penalties and interest. However, the county treasurer may not reimburse the county auditor if the county auditor willfully or intentionally failed or refused to file a return or make a required deposit on the date the return or deposit was due.

As added by P.L.227-2005, SEC.16.
Ind. Code § 36-8-10-23 — Indiana Code / Title 36 / Article 8 / Chapter 10 / Section 36-8-10-23
Cost of living payments; ordinances and collective bargaining
Status: in_force

Sec. 23. (a) This section applies to a county that adopts the provisions of this section by an ordinance of the county fiscal body.

(b) The county fiscal body may provide for:

(1) an annual cost of living payment to employee beneficiaries who are retired or have a disability, or both; or

(2) an ad hoc cost of living payment to employee beneficiaries who are retired or have a disability, or both. The amount of the ad hoc cost of living payment under this subdivision is not an increase in the base pension benefit calculated under section 12 or 12.1 of this chapter.

(c) In addition to, or instead of, a modification of a surviving spouse's monthly pension under section 16 of this chapter, the county fiscal body may provide for:

(1) an annual cost of living payment to a surviving spouse; or

(2) an ad hoc cost of living payment to a surviving spouse.

(d) In the case of an annual cost of living payment granted under subsection (b)(1) or (c)(1), the amount of the cost of living payment shall be determined each year by the pension engineers under this subsection. The pension engineers shall determine if there has been an increase in the Consumer Price Index (United States city average) prepared by the United States Department of Labor by comparing the arithmetic mean of the Consumer Price Index for January, February, and March of the payment year with the same three (3) month period of the preceding year. If there has been an increase, the increase shall be stated as a percentage of the arithmetic mean for the three (3) month period for the year preceding the payment year (the adjustment percentage). The adjustment percentage shall be rounded to the nearest one-tenth of one percent (0.1%) and may not exceed three percent (3%).

(e) In the case of a cost of living payment granted under subsection (b)(2) or (c)(2), the amount of the cost of living payment shall be determined by the county fiscal body and may be:

(1) a percentage increase, not to exceed the percentage determined under subsection (d); or

(2) a fixed dollar amount.

(f) A payment authorized under this section shall be made to each:

(1) authorized employee beneficiary who is retired or has a disability; or

(2) surviving spouse;

and may be made annually, semiannually, quarterly, or monthly.

(g) A cost of living payment granted under this section shall be funded by a direct appropriation or by maintaining a fully funded actuarially sound trust fund.

(h) A cost of living payment granted under this section is applicable only to the following:

(1) Employee beneficiaries who:

(A) are retired or have a disability; and

(B) are at least fifty-five (55) years of age.

(2) A surviving spouse.

(i) No provision of this section shall be made part of any ordinance or agreement concerning collective bargaining. No provision of this section shall be subject to bargaining under any statute, ordinance, or agreement.

As added by P.L.150-1992, SEC.1. Amended by P.L.1-1993, SEC.248; P.L.233-1997, SEC.3; P.L.99-2007, SEC.222; P.L.42-2008, SEC.2.
Ind. Code § 36-2-12-5 — Indiana Code / Title 36 / Article 2 / Chapter 12 / Section 36-2-12-5
Official seal
Status: in_force

Sec. 5. The surveyor may procure and use an official seal.

[Pre-Local Government Recodification Citation: 17-3-58-8 part.]

As added by Acts 1980, P.L.212, SEC.1.
Ind. Code § 36-9-38-5 — Indiana Code / Title 36 / Article 9 / Chapter 38 / Section 36-9-38-5
Application of IC 36-9-36 and IC 36-9-37
Status: in_force

Sec. 5. To the extent they are not in conflict with this chapter, all the provisions of IC 36-9-36 and IC 36-9-37 apply to proceedings under this chapter.

As added by P.L.98-1993, SEC.9.
Ind. Code § 36-12-13-2 — Indiana Code / Title 36 / Article 12 / Chapter 13 / Section 36-12-13-2
Authorization to enter into agreements under compact; procedure
Status: in_force

Sec. 2. (a) The appropriate officials and agencies of the party states or a political subdivision as defined in IC 36-1-2-13 may, on behalf of the party states or political subdivision, enter into agreements under the interstate library compact for cooperative or joint conduct of library services if the party states or political subdivision finds that the distribution of population makes the provision of library service on an interstate basis the most effective way to provide adequate and efficient services.

(b) Agreements under the interstate library compact entered into on behalf of the state shall be made by the compact administrator.

(c) Agreements under the interstate library compact entered into on behalf of one of the state's political subdivisions shall be made after giving notice to the compact administrator and after consulting with the compact administrator about the agreement.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-11-2.]

As added by P.L.1-2005, SEC.49.
Ind. Code § 36-7-1-14.5 — Indiana Code / Title 36 / Article 7 / Chapter 1 / Section 36-7-1-14.5
"Planned unit development"
Status: in_force

Sec. 14.5. "Planned unit development" means development of real property:

(1) in the manner set forth by the legislative body in the zoning ordinance; and

(2) that meets the requirements of the 1500 series of IC 36-7-4.

As added by P.L.320-1995, SEC.2.
Ind. Code § 36-8-8-2.1 — Indiana Code / Title 36 / Article 8 / Chapter 8 / Section 36-8-8-2.1
"Local board"
Status: in_force

Sec. 2.1. (a) As used in this chapter, "local board" means the following:

(1) For a unit that established a 1925 fund for its police officers, the local board described in IC 36-8-6-2.

(2) For a unit that established a 1937 fund for its firefighters, the local board described in IC 36-8-7-3.

(3) For a consolidated city that established a 1953 fund for its police officers, the local board described in IC 36-8-7.5-2.

(4) For a unit, other than a consolidated city, that did not establish a 1925 fund for its police officers or a 1937 fund for its firefighters, the local board described in subsection (b) or (c).

(5) For an airport authority, the board of an airport authority.

(6) For a school resource officer, the local board described in subdivisions (1) through (4) that manages the fund established in the unit or the consolidated city in which the:

(A) territory of the school corporation; or

(B) charter school;

is located. However, if more than one (1) local board is applicable under this subdivision, the governing body of the school corporation or the equivalent authority for the charter school that employs or contracts to employ the school resource officer may choose the applicable local board with respect to the school resource officer.

(b) If a unit did not establish a 1925 fund for its police officers, a local board shall be composed in the same manner described in IC 36-8-6-2(b). However, if there is not a retired member of the department, no one shall be appointed to that position until such time as there is a retired member.

(c) If a unit did not establish a 1937 fund for its firefighters, a local board shall be composed in the same manner described in IC 36-8-7-3(b). However, if there is not a retired member of the department, no one shall be appointed to that position until such time as there is a retired member.

As added by P.L.236-1996, SEC.5. Amended by P.L.102-2023, SEC.7; P.L.135-2024, SEC.8.
Ind. Code § 36-2-3-9 — Indiana Code / Title 36 / Article 2 / Chapter 3 / Section 36-2-3-9
Expulsion of member of fiscal body; declaring seat of member vacant; procedure
Status: in_force

Sec. 9. The fiscal 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, but a two-thirds (2/3) vote is required to expel a member or vacate a member's seat.

[Pre-Local Government Recodification Citation: 17-1-24-11.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.23.
Ind. Code § 36-9-11-11 — Indiana Code / Title 36 / Article 9 / Chapter 11 / Section 36-9-11-11
Mortgage, pledge, or disposal of property while revenue bonds are outstanding; deposit of sale proceeds
Status: in_force

Sec. 11. (a) As long as any of the revenue bonds issued under section 16 of this chapter are outstanding, the municipality may not mortgage, pledge, otherwise encumber, sell, or dispose of any part of the property of a parking facility, except that it may sell or dispose of:

(1) equipment that is worn out and is to be replaced; or

(2) property that is no longer useful or profitable in the operation of the facility.

(b) The proceeds of a sale under subsection (a) shall be deposited in the fund or account for the payment of the principal of and interest on the revenue bonds.

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

As added by Acts 1981, P.L.309, SEC.84.
Ind. Code § 36-7-12-15 — Indiana Code / Title 36 / Article 7 / Chapter 12 / Section 36-7-12-15
Commissioners; expenses and per diem
Status: in_force

Sec. 15. An economic development commissioner is not entitled to any salary, but is entitled to:

(1) reimbursement for expenses necessarily incurred in the performance of the commissioner's duties; and

(2) a per diem allowance for each day the commissioner attends a commission meeting, if that allowance:

(A) does not exceed the per diem allowance for members of the general assembly; and

(B) is authorized by the fiscal body that established the commission.

[Pre-Local Government Recodification Citation: 18-6-4.5-5 part.]

As added by Acts 1981, P.L.309, SEC.31. Amended by P.L.127-2017, SEC.197.
Ind. Code § 36-9-4-31 — Indiana Code / Title 36 / Article 9 / Chapter 4 / Section 36-9-4-31
Board of directors; seal
Status: in_force

Sec. 31. The board of directors of a public transportation corporation may adopt a seal to be impressed upon its instruments and may provide for the impression of that seal by printed or lithographic facsimile. An executed instrument bearing the seal of the board is prima facie evidence of its execution by the board and that its execution was legally authorized by the board.

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

As added by Acts 1981, P.L.309, SEC.77.
Ind. Code § 36-2-9-12 — Indiana Code / Title 36 / Article 2 / Chapter 9 / Section 36-2-9-12
Money paid into treasury; account; receipts
Status: in_force

Sec. 12. The auditor shall keep an accurate account current with the county treasurer. Whenever a receipt given by the treasurer for money paid into the county treasury is deposited with the auditor, the auditor shall:

(1) file the treasurer's receipt;

(2) charge the treasurer with the amount of the treasurer's receipt; and

(3) issue the auditor's own receipt to the person presenting the treasurer's receipt.

[Pre-Local Government Recodification Citations: 17-3-21-5; 17-3-32-3 part.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.54.
Ind. Code § 36-7-15.3-20 — Indiana Code / Title 36 / Article 7 / Chapter 15.3 / Section 36-7-15.3-20
Validity of bonds; contest; limitations
Status: in_force

Sec. 20. 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.84-1987, SEC.14.
Ind. Code § 36-7-4-507 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-507
Comprehensive plan; notice and hearings before adoption
Status: in_force

Sec. 507. Before the approval of a comprehensive plan, the plan commission must:

(1) give notice and hold one (1) or more public hearings on the plan;

(2) publish, in accordance with IC 5-3-1, a schedule stating the times and places of the hearing or hearings. The schedule must state the time and place of each hearing, and state where the entire plan is on file and may be examined in its entirety for at least ten (10) days before the hearing.

[Pre-Local Government Recodification Citations: 18-7-2-33; 18-7-4-507; 18-7-4-41; 18-7-5-39.]

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.45, SEC.18; P.L.335-1985, SEC.9.
Ind. Code § 36-1.5-1-3 — Indiana Code / Title 36 / Article 1.5 / Chapter 1 / Section 36-1.5-1-3
Other laws, procedures, and requirements
Status: in_force

Sec. 3. Except as provided in this article, no law, procedure, proceedings, publications, notices, consents, approvals, orders, or acts by a political subdivision or any officer, department, agency, or instrumentality of the state or a political subdivision is required for political subdivisions to:

(1) reorganize;

(2) enter into or exercise governmental functions under a cooperative agreement; or

(3) transfer responsibilities between offices and officers;

under this article.

As added by P.L.186-2006, SEC.4.
Ind. Code § 36-12-2-9 — Indiana Code / Title 36 / Article 12 / Chapter 2 / Section 36-12-2-9
Appointments to library board; membership
Status: in_force

Sec. 9. Except as provided in section 15 of this chapter and subject to IC 20-23-12.1-3(c) and section 16 of this chapter, seven (7) members of a library board shall be appointed as follows:

(1) One (1) member appointed by the executive of the county in which the library district is located, or if the district is located in more than one (1) county, jointly by the executives of the respective counties.

(2) One (1) member appointed by the fiscal body of the county in which the library district is located, or if the district is located in more than one (1) county, jointly by the fiscal bodies of the respective counties.

(3) Three (3) members appointed by the school board of the school corporation serving the library district. However, if there is more than one (1) school corporation serving the library district:

(A) two (2) members shall be appointed by the school board of the school corporation in which the principal administrative offices of the public library are located; and

(B) one (1) member shall be appointed by a majority vote of the presidents of the school boards of the other school corporations.

(4) One (1) member appointed under section 10(1), 11(b)(1), 12(1), 13(a)(1), 13(b)(1), or 14(1) of this chapter, as applicable.

(5) One (1) member appointed under section 10(2), 11(b)(2), 12(2), 13(a)(2), 13(b)(2), or 14(2) of this chapter, as applicable.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-2.5-4.]

As added by P.L.1-2005, SEC.49. Amended by P.L.114-2015, SEC.1; P.L.184-2023, SEC.46.
Ind. Code § 36-8-16.7-18 — Indiana Code / Title 36 / Article 8 / Chapter 16.7 / Section 36-8-16.7-18
"Proprietary information"
Status: in_force

Sec. 18. As used in this chapter, "proprietary information" includes the following:

(1) Customer lists and related information, including information subject to protection under 47 U.S.C. 222.

(2) Technology descriptions, technical information, or trade secrets (as defined in IC 24-2-3-2).

(3) Information that:

(A) concerns the actual or developmental costs of 911 systems; and

(B) is developed, produced, or received internally by a provider or by a provider's employees, directors, officers, or agents.

As added by P.L.132-2012, SEC.20.
Ind. Code § 36-2-12-12 — Indiana Code / Title 36 / Article 2 / Chapter 12 / Section 36-2-12-12
Surveyors not trespassers; actual damages
Status: in_force

Sec. 12. While doing work under section 10 or 11 of this chapter, a professional surveyor registered under IC 25-21.5, or the employees of the professional surveyor, an unregistered county surveyor, or the employees of a county surveyor are not considered trespassers and are liable only for the actual damages they cause to property.

[Pre-Local Government Recodification Citations: 17-3-63-5; 17-3-64-8.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.342-1983, SEC.3; P.L.23-1991, SEC.36; P.L.57-2013, SEC.93.