reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3. Local Airport Authorities › 8-22-3-0.3. Transfer of Board of Aviation Commissioners After January 25, 1985; Applicable Law

Sec. 0.3. (a) This section applies to each board of aviation commissioners from which powers, rights, obligations, functions, and assets are to be transferred, under section 33 of this chapter, to an airport authority established by P.L.100-1985.
(b) The provisions of section 33 of this chapter governing the transfer of assets apply to all assets held for the use of the board of aviation commissioners on January 25, 1985. Assets held for the use of the board of aviation commissioners on that date may not be transferred for the use of any other board or department of local government after that date, except as provided in section 3 of this chapter.
As added by P.L.220-2011, SEC.203.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3. Local Airport Authorities › 8-22-3-1. Establishment; Jurisdiction; Name

Sec. 1. Whenever the fiscal body of one (1) or more eligible entities, acting individually or jointly, adopts an ordinance or a resolution in favor of the establishment of an airport authority under this chapter, there is established an airport authority. The authority has jurisdiction over a district with boundaries coterminous with the jurisdictional boundaries of the entity or entities adopting the ordinance or resolution. The authority must have a name including the words "airport authority."
[Pre-Local Government Recodification Citations: 19-6-2-2 part; 19-6-3-2; 19-6-3.5-1; 19-6-3.5-3 part.]
As added by Acts 1980, P.L.8, SEC.73.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3. Local Airport Authorities › 8-22-3-1.1. Establishment of Airport Authorities in Allen County

Sec. 1.1. (a) Notwithstanding section 1 of this chapter, an airport authority is established in Allen County.
(b) For the purposes of this chapter, an authority established under this section shall be treated as if it had been established by an ordinance of the fiscal body of the county. However, section 2 of this chapter does not apply to such an authority.
(c) The name of an authority established under this section is the "Fort Wayne-Allen County Airport Authority".
As added by P.L.100-1985, SEC.1. Amended by P.L.12-1992, SEC.67; P.L.119-2012, SEC.98.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3. Local Airport Authorities › 8-22-3-2. Remonstrance Against Establishment of Authority; Petition; Certification

Sec. 2. (a) A remonstrance against the establishment of an authority may be made by petition of the registered voters of the district. The petition must be in writing, must bear the signature, date, and address of residence of the remonstrator, and must be filed in the office of the circuit court clerk of the county containing the greatest percentage of population of the district not later than thirty (30) days following the adoption of the ordinance. If at least the number of the registered voters of the district required under IC 3-8-6-3 to place a candidate on the ballot, as certified by the clerk, remonstrate, the clerk shall certify the question under IC 3-10-9 to the county election board of each county in which the district is located. The question of the establishment of an authority shall be submitted to the voters of the district at the next primary or general election at which the question can be placed on the ballot under IC 3-10-9-3. The question shall be placed on the ballot in the form prescribed by IC 3-10-9-4 and must state: "Shall the airport authority be established?".
(b) Upon certification by the clerk that a remonstrance was not filed by the required number of registered voters and in the time and manner provided, or that the question was submitted to the voters and received the affirmative vote of a majority of those voting upon the question, the authority is established effective as of the next January 1 or July 1 following the certification, whichever date is earlier. The certification by the clerk shall be submitted to the fiscal body of each entity adopting the ordinance or resolution under section 1 of this chapter.
[Pre-Local Government Recodification Citations: 19-6-2-2 part; 19-6-3.5-3 part.]
As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.10-1988, SEC.218; P.L.12-1995, SEC.105.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3. Local Airport Authorities › 8-22-3-3. Executive and Legislative Powers of Board

Sec. 3. The board of an authority shall exercise the executive and legislative powers of the authority as provided by this chapter.
[Pre-Local Government Recodification Citations: 19-6-2-3; 19-6-3-3; 19-6-3.5-4.]
As added by Acts 1980, P.L.8, SEC.73. Amended by Acts 1981, P.L.11, SEC.68.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3. Local Airport Authorities › 8-22-3-4.1. Members of Board for Marion County

Sec. 4.1. (a) This section applies only to the board of an airport authority established for Marion County.
(b) The board consists of members appointed as follows:
(1) The mayor of the consolidated city shall appoint six (6) members. Each member appointed under this subdivision must be a resident of Marion County.
(2) The majority leader of the Marion County legislative body shall appoint one (1) member. The member appointed under this subdivision must be a resident of Marion County.
(3) The county executive of each of the following Indiana counties shall each appoint one (1) member:
(A) Hendricks County.
(B) Hancock County.
(C) Hamilton County.
(D) Morgan County.
The county executive of a county represented on the board under this subdivision may not appoint an advisory member under section 4(e) of this chapter.
Not more than three (3) members appointed under subdivision (1) may be members of the same political party.
(c) The member of the board appointed under subsection (b)(2) must also be a resident of either of the following townships in Marion County:
(1) Decatur Township.
(2) Wayne Township.
(d) A member of the board appointed under subsection (b)(3)(A) must be a resident of Guilford Township in Hendricks County.
(e) The member of the board appointed under subsection (b)(3)(D) must be a resident of:
(1) Morgan County; and
(2) one (1) of the following two (2) townships in Morgan County:
(A) Brown Township.
(B) Madison Township.
(f) A member of the board holds office for four (4) years and until the member's successor is appointed and qualified.
(g) If a vacancy occurs in the board, the authority that appointed the member that vacated the board shall appoint an individual to serve for the remainder of the unexpired term.
(h) A board member may be reappointed to successive terms.
(i) A board member may be impeached under the procedure provided for the impeachment of county officers.
(j) A board member appointed under subsection (b)(3) may not vote on a matter before the board relating to imposing, increasing, or decreasing property taxes in Marion County.
As added by P.L.116-1995, SEC.4. Amended by P.L.170-2002, SEC.70; P.L.83-2004, SEC.1; P.L.139-2011, SEC.3; P.L.119-2012, SEC.100; P.L.74-2018, SEC.2; P.L.104-2022, SEC.72.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3. Local Airport Authorities › 8-22-3-4.2. Authority Established Under Ic 8-22-3-1.1; Members of Board

Sec. 4.2. In the event that an authority is established under section 1.1 of this chapter, the board consists of six (6) members. Three (3) members of the board shall be appointed by the board of commissioners of the county, and three (3) members of the board shall be appointed by the mayor of the second class city. Not more than two (2) members appointed by the board of commissioners of the county may be members of the same political party and not more than two (2) members appointed by the mayor of the second class city may be members of the same political party.
As added by P.L.100-1985, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3. Local Airport Authorities › 8-22-3-4.4. General Assembly Findings Regarding Board of Indianapolis Airport Authority

Sec. 4.4. The general assembly finds that development of the certified air carrier airport, owned and operated by the Indianapolis Airport Authority, may impact persons residing outside Marion County but within close proximity to the airport. In order to address the concerns of these persons, the general assembly finds that it is appropriate to appoint to the board of the Indianapolis Airport Authority (described in section 4.1 of this chapter) a member from Morgan County.
As added by P.L.220-2011, SEC.204. Amended by P.L.74-2018, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3. Local Airport Authorities › 8-22-3-5. Board Membership; Prerequisites; Restrictions

Sec. 5. (a) This subsection applies only in counties that contain a consolidated city or at least one (1) second class city. To be eligible to be a member of the board, a person must have the following qualifications:
(1) Be at least eighteen (18) years old.
(2) Except as provided in section 4.1 of this chapter, be a resident of the county in which the eligible entity is located.
(3) Not be actively engaged as:
(A) a principal owner;
(B) a majority member or majority shareholder;
(C) a director;
(D) an officer; or
(E) an employee with managerial or supervisory responsibilities;
of any entity engaged in commercial aeronautics.
(4) Not hold any other governmental office (by appointment or election) that has statutory fiscal or management review of the board's actions.
(5) Not serve as a member of any other agency, board, commission, department, or other governmental entity that:
(A) is located within the jurisdiction of the authority; and
(B) has statutory fiscal or management review of the authority's actions.
(b) This subsection does not apply to a county if the county contains a consolidated city or a second class city. To be eligible to be a member of the board, a person must:
(1) be at least eighteen (18) years of age;
(2) be a resident of the county in which the eligible entity is located; and
(3) not be actively engaged as:
(A) a principal owner;
(B) a majority member or majority shareholder;
(C) a director;
(D) an officer; or
(E) an employee with managerial or supervisory responsibilities;
of any entity engaged in commercial aeronautics in a county that the board serves.
[Pre-Local Government Recodification Citations: 19-6-2-5; 19-6-3-5; 19-6-3.5-6.]
As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.129-1987, SEC.2; P.L.5-1988, SEC.54; P.L.116-1995, SEC.5; P.L.134-2005, SEC.6; P.L.61-2012, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3. Local Airport Authorities › 8-22-3-6. Appointment of Board Members; Staggered Terms; Vacancies; Reappointment; Impeachment

Sec. 6. (a) The board members shall be appointed as soon as possible after the adoption of an ordinance establishing an authority under this chapter. The term of each member starts at noon on the day the authority is established, at which time the board members shall meet and organize as the board.
(b) Members of the board shall be appointed as follows:
(1) One (1) member for an initial term of one (1) year.
(2) One (1) for an initial term of two (2) years.
(3) If a third or fourth appointment is required, one (1) for an initial term of three (3) years and one (1) for an initial term of four (4) years.
(4) If a fifth appointment is required, one (1) for an initial term of four (4) years.
(5) If a sixth appointment is necessary, one (1) for an initial term of four (4) years.
At the expiration of the respective terms, a member or members shall be appointed to fill the vacancies caused by the expiration. The members so appointed hold office for a term of four (4) years and until their successors are appointed and qualified. If the authority was established under IC 19-6-3 (before its repeal on April 1, 1980), at the expiration of the members' terms the mayor or the board of county commissioners shall appoint a member or members to fill the vacancies caused by the expiration. The members so appointed hold office for a term of three (3) years and until their successors are appointed and qualified.
(c) If a vacancy occurs in the board by resignation or otherwise, a member shall be appointed for the remainder of the term.
(d) A board member is eligible for reappointment to successive terms.
(e) A board member may be impeached under the procedure provided for the impeachment of county officers.
[Pre-Local Government Recodification Citations: 19-6-2-6; 19-6-2-7; 19-6-3-6; 19-6-3-7; 19-6-3.5-7; 19-6-3.5-8.]
As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.3-1990, SEC.38; P.L.116-1995, SEC.6; P.L.134-2005, SEC.7.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3. Local Airport Authorities › 8-22-3-6.1. Authority Established Under Ic 8-22-3-1.1; Appointment of Board Members; Terms; Vacancies; Reappointment; Impeachment

Sec. 6.1. (a) Notwithstanding section 6 of this chapter, the board members of an authority established under section 1.1 of this chapter shall be appointed on or before June 15, 1985. The term of each member starts at noon on the day the authority is established, at which time the board members shall meet and organize as the board.
(b) Members of the board shall be appointed as follows: two (2) members for an initial term of one (1) year, two (2) members for an initial term of two (2) years, and two (2) members for an initial term of three (3) years. At the expiration of the respective terms, a member or members shall be appointed to fill the vacancies caused by the expiration. The members so appointed shall hold office for a term of four (4) years and until their successors are appointed and qualified.
(c) If a vacancy occurs in the board by resignation or otherwise, a member shall be appointed for the remainder of the term.
(d) A board member is eligible for reappointment to successive terms.
(e) A board member may be impeached under the procedure provided for the impeachment of county officers.
As added by P.L.100-1985, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3. Local Airport Authorities › 8-22-3-6.5. Cooperation Agreements With Contiguous Counties

Sec. 6.5. (a) This section applies only to an authority that was established under IC 19-6-3 (before its repeal on April 1, 1980).
(b) As used in this section, "cooperative agreement" means an agreement entered into by the authority and an eligible county under subsection (d).
(c) As used in this section, "eligible county" means a county that is contiguous to the county in which the authority has jurisdiction.
(d) The authority and an eligible county may enter into a cooperative agreement concerning the operations, functions, projects, activities, funding, or capital expenditures of the authority under this chapter or IC 8-22-3.5.
(e) A cooperative agreement must provide for the following:
(1) The appointment to the board of the authority of one (1) or more additional members, including advisory members, representing the eligible county.
(2) The duration of the cooperative agreement.
(3) The purpose of the cooperative agreement.
(4) The manner of financing, staffing, and supplying a joint undertaking under the cooperative agreement.
(5) Establishing and maintaining a budget for a joint undertaking under the cooperative agreement.
(6) The partial or complete termination of the cooperative agreement.
(7) Any other matters the authority and the eligible county determine are necessary or desirable.
(f) A cooperative agreement may provide for the following:
(1) A trial period, not to exceed three (3) years, during which the eligible county:
(A) may cooperate in an advisory capacity; and
(B) may not be required to participate in financing activities under the cooperative agreement.
(2) The establishment of a separately appointed board to administer the cooperative agreement following the conclusion of the trial period described in subdivision (1).
(g) A proposed cooperative agreement must be approved by the:
(1) executive; and
(2) fiscal body;
of the eligible county before the eligible county may enter into the cooperative agreement.
(h) A cooperative agreement entered into under this section is not subject to IC 36-1-7.
(i) The general assembly finds the following:
(1) The authority and all eligible counties face unique and distinct challenges and opportunities related to transportation and economic development that are different in scope and type from those faced by other units of local government in Indiana due to:
(A) the status of the authority and the eligible counties in relationship to the southwest extension of Interstate Highway 69;
(B) the distance of the authority and the eligible counties from other major centers of commerce, industry, and economic activity in the state; and
(C) the relative inaccessibility of southwest Indiana to markets.
(2) A unique approach is required to fully take advantage of the economic development potential of the authority and an eligible county.
As added by P.L.97-2007, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3. Local Airport Authorities › 8-22-3-7. Conflicts of Interest

Sec. 7. A member of the board is ineligible to hold an appointive office or employment for the authority. A member of the board may not have a pecuniary interest (as defined in IC 35-44.1-1-4(a)(3)) in any contract with or claim against the authority.
[Pre-Local Government Recodification Citations: 19-6-2-8; 19-6-3-8; 19-6-3.5-9.]
As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.154-2016, SEC.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3. Local Airport Authorities › 8-22-3-8. Compensation and Expenses

Sec. 8. (a) Except as provided in subsections (b) and (c), the members of the board shall serve without compensation, but shall be paid their actual expenses for travel conducted in the interest of the board.
(b) The fiscal body of the entity may provide a per diem for the members of the board in an amount that does not exceed thirty-five dollars ($35) for each whole or part day a member is engaged in board activities. The members of the board shall also be paid their actual expenses under subsection (a).
(c) If the authority is established by more than one (1) entity, the fiscal bodies of the entities, acting jointly, may provide a per diem for the members of the board in an amount that does not exceed thirty-five dollars ($35) for each whole or part day a member is engaged in board activities. The members of the board shall also be paid their actual expenses under subsection (a).
[Pre-Local Government Recodification Citations: 19-6-2-9; 19-6-3-9; 19-6-3.5-10.]
As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.106-1993, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3. Local Airport Authorities › 8-22-3-9. Election of Officers; Meetings; Record of Proceedings; Internal Affairs

Sec. 9. (a) Except as provided in section 4.3(g) of this chapter, the board shall elect, at its first regular meeting to be conducted on the first July 1 or January 1 after appointment of the board members, and annually thereafter, one (1) of its members president, and another of its members vice president, who performs the duties of the president during the absence of or disability of the president. The board shall keep a suitable office at the airport where its maps, plans, documents, records, and accounts shall be kept, subject to public inspection at all reasonable times.
(b) The board shall provide by rule for regular meetings to be held not less than at monthly intervals throughout the year.
(c) The board shall convene in a special meeting when one is called. The president or a majority of the members of the board may call a special meeting. The board shall establish by rule a procedure for calling special meetings.
(d) Regular or special meetings shall be held at the office of the board or at another public place in any county where the board owns or operates an airport. The board may adjourn any regular or special meeting to a specific day designated at the time of adjournment, and that meeting is a continuation of the meeting so adjourned. This subsection does not apply to an authority that was established under IC 19-6-3 (before its repeal on April 1, 1980).
(e) A majority of the members of the board constitutes a quorum for a meeting. The board may act officially by an affirmative vote of a majority of those present at the meeting at which the action is taken.
(f) The board shall keep a written record of its proceedings, which shall be available for public inspection in the office of the board. The board shall record the aye and nay tally of the vote for each ordinance or resolution.
(g) The board shall adopt a system of rules of procedure under which its meetings are to be held. The board may suspend the rules of procedure by unanimous vote of the members of the board who are present at the meeting. The board may not suspend the rules of procedure beyond the duration of the meeting at which the suspension of rules occurs.
(h) The board may supervise its internal affairs as do local legislative and administrative bodies.
[Pre-Local Government Recodification Citations: 19-6-2-10; 19-6-3-10; 19-6-3.5-11.]
As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.3-1990, SEC.39; P.L.107-1993, SEC.1; P.L.137-2000, SEC.2; P.L.230-2013, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3. Local Airport Authorities › 8-22-3-10. Proposal and Adoption of Ordinances

Sec. 10. (a) A member of the board may introduce a draft of a proposed ordinance at a meeting of the board. A person who introduces a draft shall provide at the time of introduction a written copy of the draft. The board shall assign to each draft a distinguishing number and the date when introduced.
(b) Not more than seven (7) days after the introduction of a draft of an ordinance nor less than seven (7) days before the final passage of a draft of an ordinance, the board shall publish a notice that the proposed ordinance is pending final action by the board. The notice shall be published in each county within the jurisdiction of the board in accordance with IC 5-3-1. Notice of an ordinance establishing a budget must be in accordance with IC 6-1.1-17.
(c) The board shall include in the notice reference to the subject matter of the proposed ordinance and the time and place a hearing will be had and shall indicate that the proposed ordinance is available for public inspection at the office of the board. The board may include in one (1) notice a reference to the subject matter of each draft that is pending and for which notice has not already been given.
(d) An ordinance is not invalid because the reference to the subject matter of the draft was inadequate if it was sufficient to advise the public of the general subject matter of the proposed ordinance.
(e) The board shall, not later than the date of notice, place five (5) copies of the proposed draft on file in the office of the board for public inspection.
(f) At a meeting for which notice has been given as required by this section, the board may take final action on the proposed ordinance or may postpone final consideration of it to a designated meeting in the future without giving additional notice.
(g) Before adopting an ordinance, the board must give an opportunity to persons present at the meeting to give testimony, evidence, or argument for or against the proposed ordinance in person or by counsel, under reasonable rules as to the number of persons who may be heard and time limits that the board adopts.
(h) When an ordinance is adopted, the board shall also designate the effective date of the ordinance. If the board fails to designate the effective date of the ordinance in the record of the proceedings of the board, the ordinance takes effect on the fourteenth day after its passage.
(i) When the board adopts an ordinance, the board shall have copies of it made available to the public.
(j) The board may provide for the printing of the ordinances of the authority in pamphlet form or for bound volumes and may distribute them without charge, or may charge the cost of printing and distribution.
[Pre-Local Government Recodification Citations: 19-6-2-11; 19-6-2-12; 19-6-3-11; 19-6-3-12; 19-6-3-13; 19-6-3-14; 19-6-3.5-12; 19-6-3.5-13.]
As added by Acts 1980, P.L.8, SEC.73. Amended by Acts 1980, P.L.78, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3. Local Airport Authorities › 8-22-3-11.6. Consolidation of Law Enforcement and Fire Protection

Sec. 11.6. (a) This section applies only to an airport authority established for a county having a consolidated city.
(b) The legislative body of the consolidated city and the governing body of the airport authority may adopt substantially similar ordinances providing that the fire department of the airport authority is consolidated into the fire department of the consolidated city, and that the fire department of the consolidated city shall provide fire protection services for the airport authority. If ordinances are adopted under this section, the consolidation shall take effect on the date agreed to by the legislative body of the consolidated city and the governing body of the airport authority in the ordinances.
(c) The legislative body of the consolidated city and the governing body of the airport authority may adopt substantially similar ordinances providing that the law enforcement services of the airport authority are consolidated into the consolidated law enforcement department of the consolidated city, and that the law enforcement department of the consolidated city shall provide law enforcement services for the airport authority. If ordinances are adopted under this section, the consolidation shall take effect on the date agreed to by the legislative body of the consolidated city and the governing body of the airport authority in the ordinances.
As added by P.L.227-2005, SEC.7.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3. Local Airport Authorities › 8-22-3-12. Contracts for Improvements and Purchases

Sec. 12. For all contracts for improvements and purchases, other than those for professional services and those for the acquisition of land, easements, and rights-of-way, IC 5-22, IC 36-1-9.5, and IC 36-1-12 apply.
[Pre-Local Government Recodification Citations: 19-6-2-14; 19-6-3-16; 19-6-3-17; 19-6-3.5-16.]
As added by Acts 1980, P.L.8, SEC.73. Amended by Acts 1981, P.L.57, SEC.29; P.L.85-1991, SEC.2; P.L.49-1997, SEC.36; P.L.139-2011, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3. Local Airport Authorities › 8-22-3-13. Damages for Breach of Agreements; Penalties for Violations; Injuries to Properties; Publication of Rules and Regulations

Sec. 13. The board may take action to recover damages for the breach of an agreement, express or implied, relating to the operation, control, leasing, management, or improvement of the property under its control, to impose the penalties for the violation of ordinances or of its rules or regulations, and for injury to the personal or real property under its control, and to recover possession of any such property. All rules and regulations that the board adopts under this chapter shall be published in accordance with IC 5-3-1.
[Pre-Local Government Recodification Citations: 19-6-2-15; 19-6-3-18; 19-6-3.5-17.]
As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.81-1996, SEC.11.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3. Local Airport Authorities › 8-22-3-15. Eminent Domain; Procedures

Sec. 15. (a) The board:
(1) may exercise the power of eminent domain to carry out this chapter;
(2) may award damages to landowners for real estate and property rights appropriated; and
(3) if the board cannot agree with the owners, lessees, or occupants of real estate selected by the board for the purposes in this chapter, may procure the condemnation of the property.
The board may proceed under IC 32-24-1. IC 32-24-1 applies to airports, landing fields, and restricted zones adjoining them to the extent that it is not inconsistent with this chapter.
(b) This subsection applies only to a municipality. A board may exercise the power of eminent domain under this section within four (4) miles outside of the municipality's corporate boundaries. However, with regard to an airport in existence on January 1, 2019, the board may exercise the power of eminent domain to acquire land contiguous to the airport that is located more than four (4) miles from the corporate boundaries of the municipality.
(c) If the land on and across which it is necessary to establish and fix a restricted zone is already in use for another public purpose or has been condemned or appropriated for a use authorized by statute, and is being used for that purpose by the corporation so appropriating it, the public use or prior condemnation does not bar the right of the board to condemn the use of ground for aviation purposes. Use by the board does not permanently prevent the use of the land for the prior public use or by the corporation condemning or appropriating it.
(d) In a proceeding prosecuted by the board to condemn the use of land for purposes permitted by this chapter, the burden is upon the board to show that its use will not permanently or seriously interfere with the continued public use of the land or by the corporation condemning it, or its successors. However, in the proceeding the board may require the removal or the burying beneath the surface of the ground of wires, cables, power lines, or other structures within a restricted zone established under this chapter.
(e) The board may not take or disturb property or facilities belonging to a public utility or common carrier engaged in interstate commerce if the property or facilities are required for the proper and convenient operation of the utility or carrier, unless provision is made for the restoration, relocation, or duplication of the property or facilities elsewhere, at the sole cost of the board.
[Pre-Local Government Recodification Citations: 19-6-2-17; 19-6-3-18; 19-6-3.5-19.]
As added by Acts 1980, P.L.8, SEC.73. Amended by Acts 1980, P.L.79, SEC.3; P.L.2-2002, SEC.47; P.L.277-2019, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3. Local Airport Authorities › 8-22-3-17. Special Tax Levy; Collection; Bonds Exempt From Taxation

Sec. 17. (a) For the purpose of raising money to pay all bonds issued under section 16 of this chapter and any interest on them, the principal of and interest on any outstanding bonds or obligations payable from taxes and assumed under section 33 of this chapter, and leases entered into under IC 8-22-3.6 that are payable in whole or in part from a property tax levy, the board shall levy each year a special tax upon all of the property, both real and personal, located within the district in a manner and in an amount to meet and pay the principal of the bonds as they severally mature, together with all interest accruing on them, and to pay lease rentals as they become due, after taking into account all other revenues pledged to the payment of the bonds or lease rentals.
(b) The board shall file the tax levied each year with the county auditor of the county in which the district is located under IC 6-1.1-17.
(c) The tax levied shall be collected and enforced by the treasurer of the county under IC 6-1.1, and as the tax is collected by the treasurer of the county it shall be paid over to the treasurer of the authority. The treasurer shall accumulate and keep the tax in a separate fund to be known as the "airport authority bond fund", which shall be applied to the payment of the bonds and the interest on them as they severally mature and to the payment of lease rentals and to no other purposes.
(d) The bonds issued under this chapter and the interest on them are exempt from taxation for all purposes except the financial institutions tax imposed under IC 6-5.5.
[Pre-Local Government Recodification Citations: 19-6-2-19; 19-6-3-21 part; 19-6-3.5-21.]
As added by Acts 1980, P.L.8, SEC.73. Amended by Acts 1980, P.L.79, SEC.4; P.L.21-1990, SEC.42; P.L.108-1993, SEC.1; P.L.254-1997(ss), SEC.16; P.L.79-2017, SEC.57.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3. Local Airport Authorities › 8-22-3-18. Repealed

[Pre-Local Government Recodification Citations: 19-6-2-20; 19-6-3-29; 19-6-3.5-22.]
As added by Acts 1980, P.L.8, SEC.73. Amended by Acts 1980, P.L.79, SEC.5; P.L.101-1985, SEC.2; P.L.101-1987, SEC.3; P.L.8-1989, SEC.57; P.L.3-1990, SEC.42; P.L.21-1990, SEC.43. Repealed by P.L.1-1991, SEC.80.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3. Local Airport Authorities › 8-22-3-20. Treasurer

Sec. 20. (a) The board shall appoint a person to act as treasurer of the authority, who shall give bond in the sum and with conditions that the board prescribes and with surety that the board approves. The treasurer is appointed for a term of one (1) year unless sooner removed for cause, but may be appointed for additional terms of one (1) year. All money payable to the authority shall be paid to the treasurer, who shall deposit it under IC 5-13-6. Money so deposited may be invested in accordance with IC 5-13-9.
(b) The treasurer shall keep an accurate account of all appropriations made and all taxes levied by the authority, of all money owing or due the authority, and of all money received and disbursed. He shall preserve all vouchers for payment and disbursements made, in accordance with the statutes relative to the preservation of public records. The treasurer shall issue all warrants for the payment of money from the funds of the authority, but a warrant may be issued for the payment of a claim only if the claim has been allowed in accordance with the procedure prescribed by the regulations of the board. All warrants must be countersigned by the president or vice president.
(c) Payroll and similar warrants may be executed with facsimile signatures.
(d) Whenever the treasurer is requested to issue a warrant, he may require evidence that the amount claimed is justly due and in conformity with law and for that purpose may summon before him any officer, agent, or employee of the district, or other person, and examine him under similar oath or affirmation, which oath or affirmation the treasurer may administer.
[Pre-Local Government Recodification Citations: 19-6-2-22; 19-6-3-23; 19-6-3.5-24.]
As added by Acts 1980, P.L.8, SEC.73. Amended by Acts 1980, P.L.79, SEC.7; P.L.19-1987, SEC.26.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3. Local Airport Authorities › 8-22-3-21. Annual Report of Accounts

Sec. 21. The treasurer shall submit to the board annually, and more often if required by the board, a report of the accounts exhibiting the revenues, receipts, and disbursements and the sources from which the revenues and funds are derived and in what manner they have been disbursed.
[Pre-Local Government Recodification Citations: 19-6-2-23; 19-6-3-24; 19-6-3.5-25.]
As added by Acts 1980, P.L.8, SEC.73.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3. Local Airport Authorities › 8-22-3-22. Audit of Records; Submission of Records of Account

Sec. 22. (a) The state board of accounts shall audit the records of the authority and shall prescribe or approve all accounting forms and records used by the authority.
(b) In addition, the treasurer shall, if required by the board, submit his records of account as treasurer of the authority to a certified public accountant or firm of certified public accountants, as selected by the board, for audit. That person shall prepare and submit a certified account of the records of account to the board exhibiting the revenues, receipts, and disbursements and the sources from which the revenues and funds are derived and in what manner they have been disbursed.
[Pre-Local Government Recodification Citations: 19-6-2-24; 19-6-3-25; 19-6-3.5-26.]
As added by Acts 1980, P.L.8, SEC.73. Amended by Acts 1980, P.L.79, SEC.8.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3. Local Airport Authorities › 8-22-3-24. Assessment and Collection of Tax Levy; Transfer to Authority's Cumulative Building Fund

Sec. 24. The tax levy under section 23 of this chapter, as finally approved by the department of local government finance, must be assessed and collected by the county treasurer of the county or counties within which the district is located as other taxes are levied and collected. The county treasurer shall remit all taxes so collected to the treasurer of the authority. Each year, the board may transfer to the authority's cumulative building fund an amount not to exceed five percent (5%) of the taxes received under this section in that year.
[Pre-Local Government Recodification Citations: 19-6-2-26; 19-6-3-27; 19-6-3.5-28.]
As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.90-2002, SEC.331; P.L.257-2013, SEC.34.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3. Local Airport Authorities › 8-22-3-26. Board to Act as Board of Finance

Sec. 26. The board shall act as a board of finance under IC 5-13.
[Pre-Local Government Recodification Citations: 19-6-2-28; 19-6-3-30; 19-6-3.5-30.]
As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.19-1987, SEC.28.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3. Local Airport Authorities › 8-22-3-27. Officers' and Employees' Bonds

Sec. 27. The board may require a bond from any of the officers or employees of the authority in an amount, upon terms and conditions, and with surety that the board designates.
[Pre-Local Government Recodification Citations: 19-6-2-29; 19-6-3-31; 19-6-3.5-31.]
As added by Acts 1980, P.L.8, SEC.73.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3. Local Airport Authorities › 8-22-3-28. Public Necessity and Benefit; Tax Exemption of Leasehold Interests

Sec. 28. (a) The acquisition, establishment, construction, improvement, equipment, maintenance, control, and operation of airports and landing fields for aircraft under this chapter is a governmental function of general public necessity and benefit, and is for the use and general welfare of all the people of Indiana, as well as of the people residing in the district.
(b) Notwithstanding any other statute, the leasehold estate of any lessee created pursuant to a lease by the board of its aviation related property or facilities, together with any permanent structure erected on the property by the lessee is exempt from property taxation.
(c) This subsection applies to property, facilities, or permanent structures leased by the board of an airport authority established for a county containing a consolidated city. Notwithstanding subsection (a), any property, facilities, or permanent structures subject to a lease entered into or renewed after July 1, 1995, is not entitled to a property tax exemption if the property, facility, or structure is not used for aviation related purposes.
[Pre-Local Government Recodification Citations: 19-6-2-30; 19-6-3-32; 19-6-3.5-32.]
As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.60-1988, SEC.21; P.L.116-1995, SEC.7.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3. Local Airport Authorities › 8-22-3-29. Assistance to Other Entity or Authority

Sec. 29. Whenever the fiscal body of an eligible entity determines that the public interest of the entity will be served by assisting any other entity or an authority in executing the powers granted by this chapter, the former entity may furnish assistance by gift, or lease with or without rental, of real property, by donation, lease with or without rental, or loan, of personal property, and by the appropriation of monies, which may be provided for by taxation or the issuance of bonds in the same manner as funds might be provided for the same purpose if the entity was exercising the powers granted in its own behalf.
[Pre-Local Government Recodification Citations: 19-6-2-31; 19-6-3-33; 19-6-3.5-33.]
As added by Acts 1980, P.L.8, SEC.73.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3. Local Airport Authorities › 8-22-3-30. Expenses Before Tax Collection

Sec. 30. (a) All expenses incurred by the board that must be paid prior to the collection of taxes levied under this chapter shall be met and paid in the following manner. The board shall from time to time certify the items of expense to the controller of the city, clerk-treasurer of the town, or auditor of the county in which the district is located, directing him to pay the amounts, and the fiscal officer shall draw his warrant or warrants upon the treasurer of the city, town, or county, as applicable, which warrant or warrants shall be paid out of the general funds of the city, town, or county not already appropriated, without special appropriations being made by the fiscal body or approval by any other body.
(b) In case there are no unappropriated general funds of the city, town, or county, the fiscal officer shall recommend to the fiscal body the temporary transfer, from other funds of the city, town, or county, of a sufficient amount to meet the items of expense or the making of a temporary loan for the purpose. The fiscal body affected shall immediately make the transfer of funds or authorize the temporary loans in the same manner that other transfers and temporary loans are made by the city, town, or county. The total amount to be advanced may not exceed fifty thousand dollars ($50,000) and the fund or funds of the city, town, county, or other entity from which the advancement is made shall be fully reimbursed and repaid by the authority out of the first proceeds of the special taxes levied under this chapter. No part of the funds advanced may be used in the acquisition of real property.
[Pre-Local Government Recodification Citations: 19-6-2-32; 19-6-3-34; 19-6-3.5-34.]
As added by Acts 1980, P.L.8, SEC.73.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3. Local Airport Authorities › 8-22-3-31. Federal, Public, or Private Grants of Funds

Sec. 31. (a) The authority, acting by and through its board under IC 8-21-8, may accept, receive, and receipt for federal, other public, or private monies for the acquisition, construction, enlargement, improvement, maintenance, equipment, or operation of airports, other air navigation facilities, and sites for them, and comply with federal laws made for the expenditure of federal monies upon airports and other air navigation facilities.
(b) Subject to IC 8-21-8, the board has exclusive power to submit to the proper state and federal agencies applications for grants of funds for airport development and to make or execute representations, assurances and contracts, to enter into covenants and agreements with state or federal agency or agencies relative to the development of an airport, and to comply with all federal and state laws pertaining to the acquisition, development, operation, and administration of airports and properties by the authority.
(c) This subsection applies only to the airport authority established by the city of Gary. The authority may assign the powers described in this section to a lessee or other operator with whom it enters into a lease, management agreement, or other contract under section 11(a)(20) of this chapter if the board has determined that the lessee or other operator has the expertise and experience to operate the facilities of the authority in accordance with prudent airport operating standards.
[Pre-Local Government Recodification Citations: 19-6-2-33; 19-6-3-35; 19-6-3.5-35.]
As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.182-2009(ss), SEC.270; P.L.166-2014, SEC.39.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3. Local Airport Authorities › 8-22-3-32. Violations; Offense

Sec. 32. A person who recklessly violates this chapter commits a Class B misdemeanor.
[Pre-Local Government Recodification Citations: 19-6-2-34; 19-6-3-36; 19-6-3.5-36.]
As added by Acts 1980, P.L.8, SEC.73.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3. Local Airport Authorities › 8-22-3-33. Transfer of Powers and Duties to Airport Authority

Sec. 33. (a) On the date of the organization and first meeting of the board of an authority, all powers, rights, and obligations, airports and landing fields, and administrative functions within the jurisdiction of a duly constituted board of aviation commissioners existing within the district of the authority are transferred to and vested in the board of the authority. The board of aviation commissioners is then dissolved and the terms of its members terminated.
(b) All books, plans, records, maps, and all other personal property of the dissolved board of aviation commissioners become the property of the authority. The authority takes title to and ownership of all accounts receivable and all contracts and other assets of the aviation department of a city, town or county within the district, including all monies held for use of the aviation department whether appropriated or not. The authority is obligated for all debts and other obligations of the aviation department, including the obligation to pay the unpaid balance of the principal and interest of any bonds of the city, town, or county, to the extent the monies of the bonds were expended in the capital investment of an airport transferred to the authority.
[Pre-Local Government Recodification Citations: 19-6-2-36; 19-6-3-37; 19-6-3.5-37.]
As added by Acts 1980, P.L.8, SEC.73.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3. Local Airport Authorities › 8-22-3-34. Special Police; Powers

Sec. 34. (a) The special police authorized by this chapter possess all the common law and statutory powers of the police of the entity that established the authority by ordinance, including the power of fresh pursuit upon adjoining streets and roads.
(b) An operator (as defined in IC 5-23-2-8) who enters into an operating agreement with an authority under IC 5-23 may exercise the special police powers granted by this section during the term of the operating agreement. A person employed by an operator to exercise special police powers under this subsection must have training that is at least equivalent to the minimum training requirements established for law enforcement officers under IC 5-2-1.
(c) This section does not apply to an authority that was established under IC 19-6-3 (before its repeal on April 1, 1980).
[Pre-Local Government Recodification Citations: 19-6-2-41; 19-6-3.5-39.]
As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.3-1990, SEC.44; P.L.84-1996, SEC.1; P.L.49-1997, SEC.37.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 3. Local Airport Authorities › 8-22-3-35. Sale of Aviation Land, Buildings, or Improvements

Sec. 35. In the event the board of an authority determines to sell part or all of the aviation land, buildings, or improvements owned by the authority, it may enact an ordinance authorizing the sale in accordance with this chapter. The land, buildings, or improvements must be sold as other land, buildings, or improvements of an eligible entity are sold. This section does not apply to an authority that was established under IC 19-6-2 or IC 19-6-3 (before their repeal on April 1, 1980).
[Pre-Local Government Recodification Citation: 19-6-3.5-15.]
As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.3-1990, SEC.45.