reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 2. General Powers Concerning Recreation, Culture, and Community Facilities › 36-10-2-3. Recreational Use of Watercourse

Sec. 3. A unit may regulate any recreational use of a watercourse.
[Pre-Local Government Recodification Citations: 18-1-1.5-9(d) part; 18-3-1-46 part; 18-4-2-8 part.]
As added by Acts 1980, P.L.211, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 2. General Powers Concerning Recreation, Culture, and Community Facilities › 36-10-2-4. Libraries, Museums, and Other Facilities and Programs

Sec. 4. A unit may establish, aid, maintain, and operate libraries and museums, cultural, historical, and scientific facilities and programs, and community restitution or service facilities and programs.
[Pre-Local Government Recodification Citations: 18-1-1.5-7(l); 18-1-1.5-14(d); 18-1-1.5-14(g).]
As added by Acts 1980, P.L.211, SEC.5. Amended by P.L.32-2000, SEC.26.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 2. General Powers Concerning Recreation, Culture, and Community Facilities › 36-10-2-5. Neighborhood Centers, Arenas, and Stadiums

Sec. 5. A unit may establish, aid, maintain, and operate neighborhood centers, community centers, civic centers, convention centers, auditoriums, arenas, and stadiums.
[Pre-Local Government Recodification Citations: 18-1-1.5-14(e); 18-1-1.5-14(f).]
As added by Acts 1980, P.L.211, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 2. General Powers Concerning Recreation, Culture, and Community Facilities › 36-10-2-6. Four Mile Extraterritorial Authority; Exception for Certain Municipal Parks

Sec. 6. (a) Except as provided in subsection (b), a municipality may exercise powers granted by sections 2, 4, and 5 of this chapter in areas within four (4) miles outside its corporate boundaries.
(b) A municipality may exercise the powers granted under sections 2 and 3 of this chapter with regard to a municipal park:
(1) located within the ten (10) mile area outside the municipality's boundaries; and
(2) that is owned or operated by the municipality pursuant to a lease agreement in effect on June 30, 2019.
[Pre-Local Government Recodification Citation: 18-1-1.5-14 part.]
As added by Acts 1980, P.L.211, SEC.5. Amended by P.L.277-2019, SEC.15.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 3. General Park and Recreation Law › 36-10-3-1. Application of Chapter

Sec. 1. This chapter applies to the following units:
(1) All counties.
(2) All municipalities.
[Pre-Local Government Recodification Citations: 19-7-4-6 part; 19-7-4-6.5 part.]
As added by Acts 1981, P.L.309, SEC.110. Amended by Acts 1981, P.L.319, SEC.1; P.L.354-1985, SEC.1; P.L.227-1986, SEC.1; P.L.157-1991, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 3. General Park and Recreation Law › 36-10-3-2. Definitions

Sec. 2. As used in this chapter:
"Board" refers to a park and recreation board.
"Department" refers to a department of parks and recreation.
"District" means the area within the jurisdiction of a department.
[Pre-Local Government Recodification Citation: 19-7-4-4 part.]
As added by Acts 1981, P.L.309, SEC.110.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 3. General Park and Recreation Law › 36-10-3-3. Department of Parks and Recreation; Creation; Amendment or Repeal of Prior Ordinances; Authority to Adopt Ordinances

Sec. 3. (a) Except as provided in subsection (c) and section 3.1 of this chapter, the fiscal body of a unit may adopt an ordinance creating a department of parks and recreation and repealing in the ordinance or resolution prior ordinances or resolutions creating separate park and recreation authorities. The department consists of a park and recreation board, a superintendent, and other personnel that the board determines.
(b) After a board has been created, all books, papers, documents, and other property of former park and recreation authorities shall be transferred to and become the property of the board.
(c) This subsection applies to all counties. A county fiscal body may amend the ordinance that creates the department described in this section. If the county fiscal body amends the ordinance as to the composition of the county board, the ordinance must provide that the members of the county board are appointed in accordance with section 4.2 of this chapter. After December 31, 2019, the county fiscal body may not adopt a new ordinance to create a department described in this section, as set forth in section 3.1(d) of this chapter.
[Pre-Local Government Recodification Citations: subsection (a) formerly 19-7-4-6 part; 19-7-4-6.5 part; subsection (b) formerly 19-7-4-72.]
As added by Acts 1981, P.L.309, SEC.110. Amended by P.L.354-1985, SEC.2; P.L.11-1987, SEC.34; P.L.157-1991, SEC.3; P.L.75-2019, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 3. General Park and Recreation Law › 36-10-3-3.1. Creation of County Department; Authority to Adopt Ordinance; Alteration of Board Membership; Amendment of Ordinance

Sec. 3.1. (a) This section applies to all counties.
(b) As used in this section, "ordinance" means an ordinance that creates a department in accordance with section 3 of this chapter.
(c) This section may not be construed to allow for the creation of more than one (1) county board in a county.
(d) An ordinance may be adopted as follows:
(1) The county fiscal body may adopt an ordinance before January 1, 2020.
(2) The county executive may adopt an ordinance after December 31, 2019, if the county fiscal body:
(A) has not adopted an ordinance; or
(B) has repealed the ordinance.
An ordinance must establish the new department and provide for the transfers to the new department as set forth in section 3(a) and 3(b) of this chapter. The ordinance must provide for the appointment of a county board in accordance with section 4.2 of this chapter.
(e) This subsection applies to an ordinance that is in effect on June 30, 2019. The ordinance is unchanged unless amended or repealed by the county fiscal body. The county board continues to be composed of the members described in section 4(d) through 4(h) of this chapter, unless the county fiscal body amends the ordinance as to the composition of the county board. Any amendments to the ordinance as to the composition of the county board must comply with section 4.2 of this chapter.
(f) The county executive may not repeal or amend an ordinance adopted by the county fiscal body. If the county fiscal body repeals the ordinance, an ordinance establishing a new department may be adopted by the county fiscal body or county executive, whichever is appropriate, within the time periods set forth in subsection (d).
As added by P.L.75-2019, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 3. General Park and Recreation Law › 36-10-3-4.1. Town Board; Waiver of Requirements

Sec. 4.1. A town legislative body may, by a majority vote, waive any or all of the following requirements of a town board member under section 4(c) of this chapter:
(1) The requirement that a member of the town board be affiliated with a political party.
(2) The requirement that not more than two (2) of the four (4) members of the town board be affiliated with the same political party.
A town legislative body may vote for a waiver only if the waiver is necessary due to the absence of persons who are willing to serve on the town board and who satisfy any or all of the requirements.
As added by P.L.128-2007, SEC.2. Amended by P.L.72-2018, SEC.21.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 3. General Park and Recreation Law › 36-10-3-4.2. County Board; Membership

Sec. 4.2. (a) This section applies if an ordinance is:
(1) adopted creating a county department under section 3.1(d) of this chapter; or
(2) amended by the county fiscal body as to the composition of the county board as set forth in section 3.1(e) of this chapter.
(b) The county board shall be appointed as follows:
(1) The county executive shall appoint two (2) members. The members must be affiliated with different political parties.
(2) The county fiscal body shall appoint two (2) members. The members must be affiliated with different political parties.
(c) The creating ordinance may provide for one (1) other elected county official to appoint one (1) member to the county board that is in addition to the members provided for under subsection (b). However, the elected county official may not appoint a member of the county fiscal body or the county executive to serve on the board as provided in subsection (g).
(d) The creating ordinance may also provide for:
(1) the county cooperative extension coordinator;
(2) the county extension educator; or
(3) a member selected by the board of supervisors of a soil and water conservation district;
to serve as an ex officio member of the county board in addition to the members provided for under subsections (b) and (c).
(e) The creating ordinance described in this section may not permit:
(1) the appointment of an additional member to the county board by either the county executive or the county fiscal body; or
(2) the delegation of an additional appointment to the county board by either the county executive or the county fiscal body by an additional member who serves under subsection (d)(1) through (d)(3).
(f) All members:
(1) appointed under this section constitute the county board; and
(2) have the same rights, including the right to vote.
A vacancy in the seat of a member shall be filled by the appointing authority.
(g) A municipal executive, a member of a county fiscal body, a member of the county executive, or a member of the municipal fiscal body may not serve on a board.
As added by P.L.75-2019, SEC.4. Amended by P.L.156-2020, SEC.150.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 3. General Park and Recreation Law › 36-10-3-5. Board of Park and Recreation; Initial Appointments; Vacancy

Sec. 5. (a) Initial appointments to a municipal board are as follows:
(1) One (1) member for a term of one (1) year.
(2) One (1) member for a term of two (2) years.
(3) One (1) member for a term of three (3) years.
(4) One (1) member for a term of four (4) years.
As a term expires, each new appointment is for a four (4) year term. All terms expire on the first Monday in January, but a member continues in office until the member's successor is appointed.
(b) Initial appointments to a county board are as follows:
(1) This subdivision applies in the case of a county that does not use the procedure described in section 3.1 of this chapter. The circuit court judge's appointments are for one (1) and three (3) year terms, respectively.
(2) This subdivision applies in the case of a county that does not use the procedure described in section 3.1 of this chapter. The county executive's appointment is for a two (2) year term.
(3) This subdivision applies in the case of a county that uses the procedure described in section 3.1 of this chapter. The county executive's appointments are for two (2) and four (4) year terms, respectively.
(4) The county fiscal body's appointments are for two (2) and four (4) year terms, respectively.
(5) This subdivision applies if the county takes the action described in section 4.2(c) of this chapter. The other elected county official's appointment is for a one (1) year term.
As a term expires, each new appointment is for a four (4) year term. All terms expire on the first Monday in January, but a member continues in office until the member's successor is appointed.
(c) An appointing authority shall make initial appointments within ninety (90) days after the creation of the department.
(d) If an appointment for any new term is not made by the first Monday in April, the incumbent shall serve another term.
(e) In making initial appointments under subsections (a) or (b), an appointing authority, in order to provide continuity of experience and programs, shall give special consideration to the appointment of members from previous park or recreation boards.
(f) If a vacancy on the board occurs, the appointing authority shall appoint a person to serve for the remainder of the unexpired term.
[Pre-Local Government Recodification Citations: subsection (a) formerly 19-7-4-10; subsection (b) formerly 19-7-4-12; subsection (c) formerly 19-7-4-11; subsection (d) formerly 19-7-4-13.]
As added by Acts 1981, P.L.309, SEC.110. Amended by Acts 1981, P.L.320, SEC.2; P.L.127-2017, SEC.376; P.L.75-2019, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 3. General Park and Recreation Law › 36-10-3-6. Board Member; Removal; Procedure

Sec. 6. A member may be removed only for cause, upon specific written charges filed against the member. The charges shall be filed with and heard by the appointing authority, unless the appointing authority is bringing the charges. If the appointing authority is bringing the charges, the unit's fiscal body shall appoint a hearing officer. The person to hear the charges shall fix a date for a public hearing and give public notice at least ten (10) days in advance of the hearing. At the hearing the member is entitled to present evidence and argument and to be represented by counsel.
[Pre-Local Government Recodification Citation: 19-7-4-9.]
As added by Acts 1981, P.L.309, SEC.110. Amended by Acts 1981, P.L.320, SEC.3; P.L.127-2017, SEC.377.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 3. General Park and Recreation Law › 36-10-3-7. Board of Park and Recreation; Advisory Member

Sec. 7. If a municipality is located in a county having a county board, the municipal and county boards may each designate a member to sit with the other board in an advisory capacity.
[Pre-Local Government Recodification Citation: 19-7-4-14.]
As added by Acts 1981, P.L.309, SEC.110. Amended by Acts 1981, P.L.320, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 3. General Park and Recreation Law › 36-10-3-8. Board of Park and Recreation; Regular and Special Meetings; Election of Officers; Quorum

Sec. 8. (a) All meetings of the board are open to the public. The board shall fix the time and place of its regular meetings, but it shall meet at least quarterly.
(b) Special meetings of the board may be called by the president or by any two (2) members by written request to the secretary. The secretary shall send to each member, at least two (2) days before a special meeting, a written notice fixing the time, place, and purpose of the meeting. Written notice of a special meeting is not required if the time of the special meeting is fixed at a regular meeting or if all members are present at the special meeting.
(c) At its first regular meeting each year the board shall elect a president and a vice president. The vice president may act as president during the absence or disability of the president. The board may select a secretary either from within or outside its membership.
(d) A majority of the members constitutes a quorum. Action of the board is not official unless it is authorized by at least three (3) members present and acting.
[Pre-Local Government Recodification Citations: subsection (a) formerly 19-7-4-15; subsection (b) formerly 19-7-4-16; subsection (c) formerly 19-7-4-19; subsection (d) formerly 19-7-4-17.]
As added by Acts 1981, P.L.309, SEC.110.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 3. General Park and Recreation Law › 36-10-3-9. Board of Park and Recreation; Compensation

Sec. 9. (a) The members of the board may receive a salary in an amount fixed by the fiscal body.
(b) If the board determines that members or employees should attend a state, regional, or national conference dealing with park and recreation problems, the board may authorize the payment of the actual expenses involved in attending the conference. However, the amount must be available as part of the board's appropriation.
(c) A fiscal body may appropriate and approve a per diem allowance to a member of a board for attending a meeting of the board.
(d) The unit shall provide suitable quarters for holding meetings and conducting the work of the board.
[Pre-Local Government Recodification Citations: subsections (a), (b), (c) formerly 19-7-4-18; subsection (d) formerly 19-7-4-20.]
As added by Acts 1981, P.L.309, SEC.110. Amended by Acts 1981, P.L.320, SEC.5; P.L.238-1997, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 3. General Park and Recreation Law › 36-10-3-10. Board of Park and Recreation; Duties

Sec. 10. (a) The board shall:
(1) exercise general supervision of and make rules for the department;
(2) establish rules governing the use of the park and recreation facilities by the public;
(3) provide police protection for its property and activities, either by requesting assistance from state, municipal, or county police authorities, or by having specified employees deputized as police officers; the deputized employees, however, are not eligible for police pension benefits or other emoluments of police officers;
(4) appoint the necessary administrative officers of the department and fix their duties;
(5) establish standards and qualifications for the appointment of all personnel and approve their appointments without regard to politics;
(6) make recommendations and an annual report to the executive and fiscal body of the unit concerning the operation of the board and the status of park and recreation programs in the district;
(7) prepare and submit an annual budget in the same manner as other executive departments of the unit; and
(8) appoint a member of the board to serve on another kind of board or commission, whenever a statute allows a park or recreation board to do this.
(b) In a municipality, the board shall fix the compensation of officers and personnel appointed under subsections (a)(4) and (a)(5), subject to IC 36-4-7-5 and IC 36-4-7-6.
[Pre-Local Government Recodification Citations: subdivisions (1), (2), (3), (4), (5), (6), (7) formerly 19-7-4-21 part; subdivision (8) formerly 19-7-4-69.]
As added by Acts 1981, P.L.309, SEC.110.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 3. General Park and Recreation Law › 36-10-3-11.5. Legalization of Operation of City of New Albany Property by Nonprofit Corporation Without a Lease Before July 1, 1995

Sec. 11.5. (a) This section applies to the city of New Albany.
(b) The operation of city owned buildings or grounds operated as a golf course by a nonprofit corporation before July 1, 1995, without a lease from the city, or under a lease that was not open to public bid to lease the buildings or grounds, is legalized and validated.
As added by P.L.220-2011, SEC.684. Amended by P.L.119-2012, SEC.235.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 3. General Park and Recreation Law › 36-10-3-12. Board of Park and Recreation; Public or Private Sale of Personal Property Declared to Be Surplus

Sec. 12. The board may sell, or order sold through a designated representative, by public or private sale, any personal property that the board has declared to be surplus at a regular or special meeting and has declared to have an aggregate appraised value of five thousand dollars ($5,000) or less. Whenever the board decides to sell at a private sale, the board must employ a qualified appraiser to determine a reasonable selling price for each kind of surplus item and must publish, in the manner provided in IC 5-3-1:
(1) the fact that a private sale will be held;
(2) the location of the sale;
(3) the dates of the beginning and end of the sale;
(4) the time of day during which the sale will take place;
(5) the kinds of items to be sold at the sale; and
(6) the price of each kind of item, which may not be less than the reasonable selling price determined by the qualified appraiser.
If the board decides to sell at a public sale, the board shall conduct the sale in the manner provided by law for the unit.
[Pre-Local Government Recodification Citation: 19-7-4-21(16).]
As added by Acts 1981, P.L.309, SEC.110.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 3. General Park and Recreation Law › 36-10-3-13. Superintendent of Parks and Recreation; Appointment; Qualifications; Incumbents

Sec. 13. (a) This subsection applies to counties and towns. The board may appoint a superintendent of parks and recreation. The board may not consider political affiliation in the selection of the superintendent.
(b) This subsection applies to cities. If a superintendent of parks and recreation is appointed, the superintendent shall be appointed under IC 36-4-9-2 without considering political affiliation.
(c) If there is more than one (1) superintendent of any park or recreation department involved at the time the creating ordinance is adopted, the board may appoint only one (1) superintendent for the new department.
(d) The superintendent must:
(1) be qualified by training or experience in the field of parks and recreation; or
(2) have a certification or an advanced degree in the field of parks and recreation.
(e) An incumbent performing park and recreation functions in a supervisory capacity at the time a unit adopts a creating ordinance under this chapter is eligible for appointment as superintendent or as an assistant, but the incumbent must have the required training, experience, or certification.
[Pre-Local Government Recodification Citations: subsection (a) formerly 19-7-4-27; 19-7-4-29 part; subsection (b) formerly19-7-4-28; subsection (c) formerly 19-7-4-29 part; subsection (d) formerly 19-7-4-30.]
As added by Acts 1981, P.L.309, SEC.110. Amended by Acts 1981, P.L.320, SEC.7; P.L.157-1991, SEC.5; P.L.127-2017, SEC.378.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 3. General Park and Recreation Law › 36-10-3-14. Superintendent of Parks and Recreation; Duties

Sec. 14. Under the direction of the board, the superintendent shall:
(1) propose annually a plan for the operation of the department;
(2) administer the plan as approved by the board;
(3) supervise the general administration of the department;
(4) keep the records of the department and preserve all papers and documents of the department;
(5) recommend persons for appointment as assistants if the board determines there is a need;
(6) appoint the employees of the department, subject to the approval of the board, according to the standards and qualifications fixed by the board and without regard to political affiliation;
(7) prepare and present to the board an annual report; and
(8) perform other duties that the board directs.
[Pre-Local Government Recodification Citation: 19-7-4-31.]
As added by Acts 1981, P.L.309, SEC.110.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 3. General Park and Recreation Law › 36-10-3-15. Assistant Superintendent of Parks and Recreation; Appointment; Qualifications; Duties

Sec. 15. (a) If the board determines that the size of the department's operation requires assistants for the superintendent, the board may appoint, upon the recommendation of the superintendent, one (1) or more assistants. The board shall determine their qualifications on a basis similar to that prescribed for the superintendent.
(b) Assistants are directly responsible to the superintendent and shall perform the duties specified by the superintendent.
[Pre-Local Government Recodification Citations: subsection (a) formerly 19-7-4-32; subsection (b) formerly 19-7-4-33.]
As added by Acts 1981, P.L.309, SEC.110.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 3. General Park and Recreation Law › 36-10-3-16. Officers' and Employees' Bonds and Crime Policies

Sec. 16. (a) Every officer and employee who handles money in the performance of duties as prescribed by this chapter shall execute an official bond for the term of office or employment before entering upon the duties of the office or employment.
(b) The fiscal body of the unit may under IC 5-4-1-18 authorize the purchase of a blanket bond or crime insurance policy endorsed to include faithful performance to cover all officers' and employees' faithful performance of duties. The amount of the bond or crime insurance policy shall be fixed by the fiscal body and, in the case of a municipality, must be approved by the executive.
(c) All official bonds shall be filed and recorded in the office of the county recorder of the county in which the department is located.
(d) The commissioner of insurance shall prescribe the form of the bonds or crime policies required by this section.
[Pre-Local Government Recodification Citation: 19-7-4-34.]
As added by Acts 1981, P.L.309, SEC.110. Amended by P.L.201-1988, SEC.1; P.L.49-1995, SEC.12.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 3. General Park and Recreation Law › 36-10-3-17. Advisory Council and Special Committees; Composition; Selection; Duties; Reports

Sec. 17. (a) The board may create an advisory council and special committees composed of citizens interested in parks and recreation.
(b) In selecting an advisory council or special committees, the board shall give consideration to the groups in the community particularly interested in parks and recreation. In a resolution creating an advisory council or a special committee, the board shall specify the terms of its members and the purposes for which it is created.
(c) The advisory council or a special committee shall:
(1) study the subjects and problems specified by the board and recommend to the board additional problems in need of study;
(2) advise the board concerning these subjects, particularly as they relate to different areas and groups in the community; and
(3) upon the invitation of the board, sit with and participate in the deliberations of the board, but without the right to vote.
(d) The advisory council or a special committee shall report only to the board and shall make inquiries and reports only in those areas specified by the board's resolution creating the council or committee.
[Pre-Local Government Recodification Citations: subsection (a) formerly 19-7-4-35; subsection (b) formerly 19-7-4-36; subsection (c) formerly 19-7-4-37; subsection (d) formerly 19-7-4-38.]
As added by Acts 1981, P.L.309, SEC.110.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 3. General Park and Recreation Law › 36-10-3-18. Gifts, Donations, and Subsidies; Approval; Disposition

Sec. 18. (a) The board may accept gifts, donations, and subsidies for park and recreational purposes. However, a gift or transfer of property to the board may not be made without its approval.
(b) A gift or grant of money shall be deposited in a special nonreverting fund to be available for expenditure by the board for purposes specified by the grantor. The disbursing officer of the unit may draw warrants against the fund only upon vouchers signed by the president and secretary of the board.
[Pre-Local Government Recodification Citation: 19-7-4-22.]
As added by Acts 1981, P.L.309, SEC.110. Amended by Acts 1981, P.L.320, SEC.8.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 3. General Park and Recreation Law › 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

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.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 3. General Park and Recreation Law › 36-10-3-20. Special Nonreverting Capital Fund; Purposes; Withdrawals

Sec. 20. (a) Upon the request of the board, the fiscal body of the unit may establish, by ordinance, a special nonreverting capital fund for the purposes of acquiring land or making specific capital improvements. The fiscal body may include in the board's annual budget an item and an appropriation for these specific purposes.
(b) Money placed in the nonreverting capital fund may not be withdrawn except for the purposes for which the fund was created, unless the fiscal body repeals the ordinance. The fiscal body may not repeal the ordinance under suspension of the rules.
[Pre-Local Government Recodification Citation: 19-7-4-25.]
As added by Acts 1981, P.L.309, SEC.110. Amended by P.L.358-1987, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 3. General Park and Recreation Law › 36-10-3-21. Cumulative Building Fund; Establishment; Levy of Tax; Collection of Tax

Sec. 21. (a) The board may establish a cumulative building fund under IC 6-1.1-41 to provide money for:
(1) building, remodeling, and repair of park and recreation facilities; or
(2) purchase of land for park and recreation purposes.
In addition to the requirements of IC 6-1.1-41, before a fund may be established, the proposed action must be approved by the fiscal body of the unit.
(b) To provide for the cumulative building fund, the unit's fiscal body may levy a tax in compliance with IC 6-1.1-41 not to exceed one and sixty-seven hundredths cents ($0.0167) on each one hundred dollars ($100) of assessed valuation of taxable property within the unit.
(c) The tax shall be collected and held in a special fund known as the unit's park and recreation cumulative building fund.
[Pre-Local Government Recodification Citation: 19-7-4-25.5.]
As added by Acts 1981, P.L.309, SEC.110. Amended by Acts 1981, P.L.45, SEC.93; P.L.358-1987, SEC.2; P.L.17-1995, SEC.42; P.L.6-1997, SEC.231.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 3. General Park and Recreation Law › 36-10-3-22. Fees for Particular Activities; Special Funds; Deposits; Withdrawals

Sec. 22. (a) Park and recreation facilities and programs shall be made available to the public free of charge as far as possible. However, if it is necessary in order to provide a particular activity, the board may charge a reasonable fee.
(b) The unit's fiscal body may establish by ordinance, upon request of the board:
(1) a special nonreverting operating fund for park purposes from which expenditures may be made as provided by ordinance, either by appropriation by the board or by the unit's fiscal body; or
(2) a special nonreverting capital fund for the purpose of acquiring land or making specific capital improvements from which expenditures may be made by appropriation by the unit's fiscal body.
The unit's fiscal body shall designate the fund or funds into which the unit's fiscal officer (or county treasurer) shall deposit fees from golf courses, swimming pools, skating rinks, or other major facilities requiring major expenditures for management and maintenance. Money received from fees other than from major facilities or received from the sale of surplus property shall be deposited by the unit's fiscal officer (or county treasurer) either in the special nonreverting operating fund or in the nonreverting capital fund, as directed by the board. However, if neither fund has been established, money received from fees or from the sale of surplus property shall be deposited in the unit's general fund. Money from either special fund may be disbursed only on approved claims allowed and signed by the president and secretary of the board.
(c) Money placed in the special nonreverting capital fund may not be withdrawn except for the purposes for which the fund was created, unless the fiscal body repeals the ordinance establishing the fund. The fiscal body may not repeal the ordinance under suspension of the rules.
(d) Money procured from fees or received from the sale of surplus property under section 12 of this chapter shall be deposited at least once each month with the fiscal officer of the unit.
[Pre-Local Government Recodification Citation: 19-7-4-26.]
As added by Acts 1981, P.L.309, SEC.110. Amended by P.L.372-1983, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 3. General Park and Recreation Law › 36-10-3-25. Bonds; Notice; Hearing; Ordinance Approving Issue

Sec. 25. (a) Before bonds may be issued under section 23 of this chapter, the board shall give notice of a public hearing to disclose the purposes for which the bond issue is proposed, the amount of the proposed issue, and all other pertinent data.
(b) The board shall have published in accordance with IC 5-3-1 a notice of the time, place, and purposes of the hearing.
(c) After the public hearing and before additional proceedings on the bond issues, the board must obtain an ordinance approving the bond issue from the unit's fiscal body.
[Pre-Local Government Recodification Citation: 19-7-4-40.5.]
As added by Acts 1981, P.L.309, SEC.110. Amended by Acts 1981, P.L.45, SEC.94.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 3. General Park and Recreation Law › 36-10-3-26. Bonds; Disposition of Proceeds

Sec. 26. All proceeds from the sale of bonds issued under section 24 of this chapter shall be kept in a separate fund. The fund shall be used to pay for land and other property acquired and for the construction of a work under the resolution, including all costs and expenses incurred in connection with the project. The fund may not be used for any other purpose. The fund shall be deposited as provided in this chapter. A surplus remaining from the proceeds of the bonds after all costs and expenses are paid shall be paid into and becomes a part of the park district bond fund.
[Pre-Local Government Recodification Citation: 19-7-4-41.]
As added by Acts 1981, P.L.309, SEC.110.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 3. General Park and Recreation Law › 36-10-3-27. Levy of Special Tax on Real and Personal Property; Park District Bond Fund

Sec. 27. (a) In order to raise money to pay all bonds issued under section 24 of this chapter, the board shall levy annually a special tax upon all of the real and personal property located in the district sufficient to pay the principal of the bonds as they mature, including accrued interest. The board shall have the tax to be levied each year certified to the auditor of the county in which the district is located at the time for certification of tax levies. The tax shall be collected and enforced by the county treasurer in the same manner as other taxes are collected and enforced.
(b) As the tax is collected, it shall be accumulated and kept in a separate fund to be known as the park district bond fund. The tax shall be applied to the payment of the district bonds and interest as they mature and may not be used for another purpose.
[Pre-Local Government Recodification Citation: 19-7-4-42.]
As added by Acts 1981, P.L.309, SEC.110.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 3. General Park and Recreation Law › 36-10-3-28. Primary Obligation on Bond; Transfer of Powers, Duties, Liabilities, and Other Obligations on Discontinuation or Establishment of New Board

Sec. 28. (a) If a board or district is discontinued under section 3 or 3.1 of this chapter, and a new board or district is not established, the primary obligation on its bonds is not affected, and the unit assumes liability for the payment of the bonds according to their terms.
(b) An ordinance adopted under section 3 or 3.1 of this chapter that discontinues a board or district and establishes a new board or district must provide all of the following:
(1) All powers, duties, and liabilities of the discontinued board or district are transferred to the newly established board or district.
(2) All records and property of each entity, including appropriations and other funds under the control or supervision of the discontinued board or district, are transferred to the newly established board or district.
(3) Any amounts owed to a discontinued board or district before the effective date of the ordinance are considered to be owed to the new board or district.
(4) All powers, duties, and liabilities of a discontinued board or district with respect to bonds issued by that board or district are transferred to the newly established board or district, as the successor board or district. The rights of the bondholders of a discontinued board or district remain unchanged, although the powers, duties, and liabilities of the entity have been transferred to the new board or district, as the successor board or district, as of the effective date of the ordinance adopted under section 3 or 3.1 of this chapter.
[Pre-Local Government Recodification Citation: 19-7-4-43.]
As added by Acts 1981, P.L.309, SEC.110. Amended by P.L.75-2019, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 3. General Park and Recreation Law › 36-10-3-29. Joint Department of Parks and Recreation; Creation; Eligibility; Agreement; Amendments

Sec. 29. (a) Two (2) or more units may create a joint department of parks and recreation.
(b) Only a unit that has by ordinance created a department under this chapter is eligible to participate in the creation of a joint department.
(c) The boards of the units that desire to create a joint department must agree upon the use of facilities, personnel, the distribution and raising of financial support, and other matters. The agreement may provide:
(1) for a joint district and joint board to supersede the separate districts and boards; or
(2) that the separate districts and boards be maintained.
After agreement has been reached, the fiscal body of each unit must adopt an ordinance approving the terms of the agreement before the agreement becomes final. The ordinances may not be passed under suspension of the rules.
(d) Failure of one (1) of the units to adopt the ordinance within ninety (90) days after the agreement has been reached voids the arrangement for all parties. However, the remaining parties may proceed with a new agreement.
(e) Amendments to an agreement may be made by adoption of an ordinance by the fiscal body of each unit.
[Pre-Local Government Recodification Citations: subsection (a) formerly 19-7-4-45; subsections (b), (c), (d), (e) formerly 19-7-4-46.]
As added by Acts 1981, P.L.309, SEC.110.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 3. General Park and Recreation Law › 36-10-3-30. Joint Board of Parks and Recreation; Organization and Function; Powers and Duties; Executive Committee, Membership, Authority, and Limitations

Sec. 30. (a) A joint board shall be organized and shall function in the same manner as a separate board. The joint board consists of all the members of the separate boards. Two-thirds (2/3) of the members constitute a quorum, and official action must be authorized by two-thirds (2/3) of the members. The joint board has all of the powers and duties of a separate board under this chapter, including the authority to issue bonds of the joint district.
(b) The joint board may create an executive committee composed of an equal number of members from each participating unit. The executive committee has all of the authority and limitations of the joint board, except that official action by the executive committee must be authorized by each member of the committee. In addition, an executive committee member may demand that an issue be submitted to the joint board.
[Pre-Local Government Recodification Citation: 19-7-4-47.]
As added by Acts 1981, P.L.309, SEC.110.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 3. General Park and Recreation Law › 36-10-3-31. Joint Board of Parks and Recreation; Budget Request; Disposition of Money Appropriated

Sec. 31. (a) The joint board shall determine its total budget request. The members of each participating unit shall present to their fiscal body the total budget and shall state the amount chargeable to their unit by the terms of the agreement and ordinance. If their fiscal body does not appropriate an amount sufficient to meet the unit's proportionate share, the joint board may:
(1) reduce the expenditures attributable to that unit; or
(2) treat the reduced appropriation as a repudiation of the agreement and terminate the relationship according to section 32 of this chapter.
(b) Money appropriated by the participating units shall be deposited in a joint park and recreation board fund in the custody of the fiscal officer of the participating unit making the largest appropriation to the fund. Money may be withdrawn from the fund only upon vouchers signed by the president and secretary of the joint board.
[Pre-Local Government Recodification Citations: subsection (a) formerly 19-7-4-48; subsection (b) formerly 19-7-4-49.]
As added by Acts 1981, P.L.309, SEC.110.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 3. General Park and Recreation Law › 36-10-3-32. Joint Board of Parks and Recreation; Withdrawal of Participating Unit; Termination; Distribution of Money Remaining in Fund; Continuation of Obligation

Sec. 32. (a) A participating unit may withdraw from a joint department at the end of a fiscal year by repealing its adopting ordinance and filing a copy of the repealing ordinance with the other participating units.
(b) The joint board may by resolution terminate the participation of a unit when the unit does not contribute its proportion of the total budget agreed upon in the original agreement and ordinance. The termination occurs at the end of the fiscal year in which the joint board makes its finding.
(c) At the conclusion of the fiscal year in which a withdrawal or termination occurs, the joint board shall equitably distribute to participating units all money remaining in the fund.
(d) A withdrawal does not alter the obligation of the units and the joint board to continue to levy and collect special benefit taxes to provide debt service on all outstanding bonds of the joint district.
(e) If a unit has appropriated money for payment to a joint board that has been discontinued, the money shall be placed in the fund of the board of that unit. If the separate board no longer exists, the money shall be deposited in the general fund of the unit.
[Pre-Local Government Recodification Citation: 19-7-4-50.]
As added by Acts 1981, P.L.309, SEC.110.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 3. General Park and Recreation Law › 36-10-3-33. Extension of Service to Unincorporated Area; Request; Petition

Sec. 33. (a) A request to a municipality to extend park and recreation service to the unincorporated area of a township in which the municipality is located or in a township adjacent to the township in which the municipality is located may be made by at least the number of registered voters required under IC 3-8-6-3 to place a candidate on the ballot in that area or township and who reside in that area or township, unless the area is already located within another park district.
(b) The request must be made by petition to the board of the municipality and must:
(1) state the reasons for the need of service;
(2) specify the unincorporated area or township to be served; and
(3) include the signatures and addresses of the petitioners.
[Pre-Local Government Recodification Citations: subsection (a) formerly 19-7-4-51; subsection (b) formerly 19-7-4-52.]
As added by Acts 1981, P.L.309, SEC.110. Amended by P.L.12-1995, SEC.132.
2023 Indiana Code › Title 36. Local Government › Article 10. Recreation, Culture, and Community Facilities › Chapter 3. General Park and Recreation Law › 36-10-3-34. Extension of Service to Unincorporated Area; Public Hearing; Notice; Approval or Rejection; Joint Board

Sec. 34. (a) The board shall fix a date for a public hearing on each petition filed under section 33 of this chapter. The board shall publish in accordance with IC 5-3-1 a notice of the time, place, and purpose of the hearing. The cost of the notice shall be paid by the petitioners.
(b) After the public hearing has been held, the board may by resolution approve the petition and recommend an ordinance accomplishing its objectives to the municipal fiscal body. The secretary or a member of the board shall present the petition and ordinance to the fiscal body at its first meeting after approval of the petition. However, if the board rejects the petition, it may not be presented to the fiscal body.
(c) If the board involved is a joint board, the petition must also be approved by the members from the municipality involved, and then the petition and ordinance shall be presented to the fiscal body of the municipality involved.
[Pre-Local Government Recodification Citations: subsection (a) formerly 19-7-4-53; subsection (b) formerly 19-7-4-54; subsection (c) formerly 19-7-4-68.]
As added by Acts 1981, P.L.309, SEC.110. Amended by Acts 1981, P.L.45, SEC.95.