reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 52. Criminal Statutes Codified Outside Ic 35 › Chapter 36. Ic 36 Criminal Statutes › 35-52-36-23. Criminal Statute

Sec. 23. IC 36-8-16.7-45 defines a crime concerning public safety.
As added by P.L.169-2014, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 52. Criminal Statutes Codified Outside Ic 35 › Chapter 36. Ic 36 Criminal Statutes › 35-52-36-24. Criminal Statute

Sec. 24. IC 36-8-16.7-46 defines a crime concerning public safety.
As added by P.L.169-2014, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 52. Criminal Statutes Codified Outside Ic 35 › Chapter 36. Ic 36 Criminal Statutes › 35-52-36-25. Criminal Statute

Sec. 25. IC 36-9-14-7 defines a crime concerning transportation and public works.
As added by P.L.169-2014, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 52. Criminal Statutes Codified Outside Ic 35 › Chapter 36. Ic 36 Criminal Statutes › 35-52-36-26. Criminal Statute

Sec. 26. IC 36-10-3-39 defines a crime concerning recreation, culture, and community facilities.
As added by P.L.169-2014, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 52. Criminal Statutes Codified Outside Ic 35 › Chapter 36. Ic 36 Criminal Statutes › 35-52-36-27. Criminal Statute

Sec. 27. IC 36-10-4-5 defines a crime concerning recreation, culture, and community facilities.
As added by P.L.169-2014, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 52. Criminal Statutes Codified Outside Ic 35 › Chapter 36. Ic 36 Criminal Statutes › 35-52-36-28. Criminal Statute

Sec. 28. IC 36-10-4-40 defines a crime concerning recreation, culture, and community facilities.
As added by P.L.169-2014, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 1. Legislative Intent › 36-1-1-1. Intent of Title; Citation to Prior Statute

Sec. 1. This title is intended to codify, revise, or rearrange applicable or corresponding provisions in prior statutes. A citation to a prior statute may be construed as a citation to the appropriate provision of this title if the prior statute is reenacted in the same or restated form in this title.
[Local Government Recodification Citation: New.]
As added by Acts 1980, P.L.211, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 1. Legislative Intent › 36-1-1-2. Preservation of Materials Related to Title

Sec. 2. The general assembly may, by concurrent resolution, preserve any of the materials related to the enactment of this title that it considers appropriate.
[Local Government Recodification Citation: New.]
As added by Acts 1980, P.L.211, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 1.5. Transfer of Municipal Territory to an Adjacent Township › 36-1-1.5-2. "Eligible Municipality"

Sec. 2. As used in this chapter, "eligible municipality" means a municipality that:
(1) includes any territory located in a township for which the township assistance property tax rate for property taxes first due and payable in any year after 2014 and before 2024 is more than:
(A) the statewide average township assistance property tax rate for property taxes first due and payable in the preceding year (as determined by the department of local government finance); multiplied by
(B) twelve (12); and
(2) is adjacent to one (1) or more townships other than the township described in subdivision (1).
As added by P.L.234-2013, SEC.10. Amended by P.L.249-2015, SEC.25; P.L.143-2020, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 1.5. Transfer of Municipal Territory to an Adjacent Township › 36-1-1.5-3. "Township Assistance Property Tax Rate"

Sec. 3. As used in this chapter, "township assistance property tax rate" has the meaning set forth in IC 6-1.1-20.3-6.7(a).
As added by P.L.234-2013, SEC.10.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 1.5. Transfer of Municipal Territory to an Adjacent Township › 36-1-1.5-4. "Transferor Township"

Sec. 4. As used in this chapter, "transferor township" means a township described in section 2(1) of this chapter.
As added by P.L.234-2013, SEC.10.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 1.5. Transfer of Municipal Territory to an Adjacent Township › 36-1-1.5-5. Other Reorganizations or Alterations Not Prohibited

Sec. 5. This chapter does not prohibit the:
(1) reorganization; or
(2) alteration of the boundaries;
of one (1) or more townships under any other law.
As added by P.L.234-2013, SEC.10.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 1.5. Transfer of Municipal Territory to an Adjacent Township › 36-1-1.5-6. Transfer of Territory of Eligible Municipality

Sec. 6. The territory of an eligible municipality that is located in a transferor township may be transferred from the transferor township to an adjacent township within the county as provided in this chapter.
As added by P.L.234-2013, SEC.10.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 1.5. Transfer of Municipal Territory to an Adjacent Township › 36-1-1.5-7. Petition Requesting Public Question; Requirements

Sec. 7. The voters of an eligible municipality may file a petition with the clerk of the eligible municipality to have a public question placed on the ballot under section 8 of this chapter to allow voters to vote on whether the territory of the eligible municipality should be transferred to an adjacent township within the county. A petition under this section must be signed by at least the number of voters equal to thirty percent (30%) of the votes cast in the eligible municipality in the last election for secretary of state.
As added by P.L.234-2013, SEC.10.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 1.5. Transfer of Municipal Territory to an Adjacent Township › 36-1-1.5-8. Certification of Petition; Special Election; Costs of Special Election; Certification of Results of Special Election

Sec. 8. The following apply if the voters of an eligible municipality file a sufficient petition under section 7 of this chapter:
(1) The clerk of the eligible municipality shall certify the petition to the county election board.
(2) A special election on the public question shall be held in the eligible municipality in the manner prescribed by IC 3-10-8-6. The special election shall be held on a date that:
(A) is determined by the legislative body of the eligible municipality; and
(B) is not more than one (1) year after the date on which the clerk of the eligible municipality certifies the petition to the county election board.
(3) The clerk of the eligible municipality shall give notice of the special election by publication in the manner prescribed by IC 5-3-1.
(4) The eligible municipality shall pay the costs of holding the special election.
(5) The county election board shall place the following question on the ballot in the eligible municipality:
"Shall the territory of _____________ (insert the name of the eligible municipality) be transferred from _____________ (insert the name of the transferor township) to an adjacent township?".
(6) After the special election on the public question is held, the county election board:
(A) shall file with the clerk of the eligible municipality the results of the special election for each precinct of the eligible municipality in the manner prescribed by IC 3-12-4; and
(B) shall certify a copy of the results of the special election to:
(i) the county auditor;
(ii) the legislative body and executive of the eligible municipality; and
(iii) the legislative body and executive of each township that includes territory of the eligible municipality.
As added by P.L.234-2013, SEC.10.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 1.5. Transfer of Municipal Territory to an Adjacent Township › 36-1-1.5-9. Petition by Eligible Municipality Requesting Transfer of Territory; Acceptance of Transfer by Adjacent Township; Deadlines; Subsequent Public Questions; Indebtedness

Sec. 9. The following apply if at least two-thirds (2/3) of the voters voting in a special election under this chapter vote "yes" on the public question under this chapter:
(1) The legislative body of the eligible municipality may, within two (2) years after the special election, submit a petition to one (1) or more adjacent townships requesting an adjacent township to accept the transfer of the territory of the eligible municipality that is within the transferor township.
(2) The legislative body of an adjacent township that receives a petition under subdivision (1) may adopt a resolution accepting the transfer of the territory of the eligible municipality that is within the transferor township and specifying the date on which the transfer is effective, if the legislative body of the adjacent township adopts a resolution accepting the transfer of the territory of the eligible municipality before the later of:
(A) December 31 of the calendar year in which the petition under subdivision (1) is received; or
(B) the ninetieth day following the date on which the petition under subdivision (1) is received.
(3) If the legislative body of the eligible municipality submits one (1) or more petitions to one (1) or more adjacent townships under subdivision (1) within two (2) years after the special election, but a resolution accepting the transfer of the territory of the eligible municipality within the transferor township is not adopted by the legislative body of an adjacent township before July 1, 2020, the territory of the eligible municipality is automatically transferred to and becomes part of the adjacent township with the greatest assessed value. A transfer under this subdivision is effective January 1, 2022, and the assessed value of property located in the territory of the eligible municipality that is located in the transferor township shall be used in preparing the 2022 budget of the receiving township.
(4) If the legislative body of the eligible municipality does not submit a petition to one (1) or more adjacent townships under subdivision (1) within two (2) years after the special election:
(A) the territory of the eligible municipality may not be transferred under this chapter; and
(B) a subsequent special election under this chapter may not be held in the eligible municipality.
(5) If the transferor township issues or otherwise incurs indebtedness after June 30, 2020, the transferring township excluding the eligible municipality is obligated to repay the indebtedness and the eligible municipality is not obligated to repay the indebtedness.
As added by P.L.234-2013, SEC.10. Amended by P.L.129-2019, SEC.1; P.L.143-2020, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 1.5. Transfer of Municipal Territory to an Adjacent Township › 36-1-1.5-10. Transfer of Territory Not Authorized if Public Question Not Approved

Sec. 10. If less than two-thirds (2/3) of the voters voting in a special election under this chapter vote "yes" on the public question under this chapter:
(1) the territory of the eligible municipality may not be transferred under this chapter; and
(2) a subsequent special election under this chapter may not be held in the eligible municipality.
As added by P.L.234-2013, SEC.10.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 1.5. Transfer of Municipal Territory to an Adjacent Township › 36-1-1.5-11. Transfer of Territory

Sec. 11. (a) If the legislative body of a township that receives a petition under section 9(2) of this chapter adopts a resolution accepting the transfer of the eligible municipality's territory that is within the transferor township as provided in section 9(2) of this chapter, the territory of the eligible municipality that is within the transferor township is transferred to and becomes part of the township adopting the resolution on the date specified in the resolution.
(b) If more than one (1) adjacent township adopts a resolution as provided in section 9(2) of this chapter accepting the transfer of the territory of the eligible municipality that is within the transferor township, the territory of the eligible municipality that is within the transferor township is transferred to and becomes part of the township that is first to adopt the resolution.
As added by P.L.234-2013, SEC.10.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 1.5. Transfer of Municipal Territory to an Adjacent Township › 36-1-1.5-12. Outstanding Indebtedness

Sec. 12. (a) Except as provided in subsection (c), if the transferor township is indebted or has outstanding unpaid bonds or other obligations at the time the transfer is effective, the township to which the territory is transferred is liable for and shall pay that indebtedness in the same ratio as the assessed valuation of the property transferred bears to the assessed valuation of all property in the transferor township, as determined for the last assessment date before the transfer.
(b) Except as provided in subsection (c), if the indebtedness consists of outstanding unpaid bonds or notes of the transferor township, the payments to the transferor township shall be made as the principal or interest on the bonds or notes becomes due. Except as provided in subsection (c), the township to which the territory is transferred may impose property taxes to pay the outstanding indebtedness only within the territory that is transferred, and the territory that is transferred constitutes a special taxing district for purposes of paying the outstanding indebtedness. The department of local government finance shall determine the amount of outstanding indebtedness, if any, for which taxpayers of the territory that has been transferred remain liable under this section.
(c) After a transfer of territory of an eligible municipality is effective under this chapter, the following apply to debt incurred by a transferor township during the period beginning one (1) year before the date on which a petition is filed with the clerk of the eligible municipality under section 7 of this chapter and ending on the date the transfer of territory is effective:
(1) The township to which the territory is transferred is not liable for and is not required to pay any part of that indebtedness.
(2) A property tax may not be imposed on the taxpayers of the transferred territory to pay any part of that indebtedness.
(3) The territory that is transferred does not constitute a special taxing district for purposes of paying any part of that indebtedness.
As added by P.L.234-2013, SEC.10.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 1.5. Transfer of Municipal Territory to an Adjacent Township › 36-1-1.5-13. Adjustment of Maximum Property Tax Levies

Sec. 13. The department of local government finance shall adjust the maximum permissible ad valorem property tax levies of the:
(1) transferor township; and
(2) township to which territory is transferred under this chapter;
as the department of local government finance determines is necessary to reflect the transfer of the territory.
As added by P.L.234-2013, SEC.10.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 2. Definitions of General Applicability › 36-1-2-2. "Bonds"

Sec. 2. "Bonds" means any evidences of indebtedness, whether payable from property taxes, revenues, or any other source, but does not include notes or warrants representing temporary loans that are payable out of taxes levied and in the course of collection.
[Pre-Local Government Recodification Citations: 6-1.1-20-1 part; 19-8-5-1 part.]
As added by Acts 1980, P.L.211, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 2. Definitions of General Applicability › 36-1-2-3. "City"

Sec. 3. "City" refers to a consolidated city or other incorporated city of any class, unless the reference is to a school city.
[Local Government Recodification Citation: New.]
As added by Acts 1980, P.L.211, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 2. Definitions of General Applicability › 36-1-2-4. "Clerk"

Sec. 4. "Clerk" means:
(1) clerk of the circuit court, for a county;
(2) county auditor, for a board of county commissioners or county council;
(3) clerk of the city-county council, for a consolidated city;
(4) city clerk, for a second class city;
(5) clerk-treasurer, for a third class city;
(6) clerk-treasurer, for a town; or
(7) chief executive officer of a political subdivision not described in subdivisions (1) through (6).
[Local Government Recodification Citation: New.]
As added by Acts 1980, P.L.211, SEC.1. Amended by Acts 1981, P.L.44, SEC.35; P.L.186-2006, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 2. Definitions of General Applicability › 36-1-2-4.5. "Emergency"

Sec. 4.5. "Emergency" means a situation that could not reasonably be foreseen and that threatens the public health, welfare, or safety and requires immediate action.
As added by P.L.329-1985, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 2. Definitions of General Applicability › 36-1-2-4.7. "Environmental Restrictive Ordinance"

Sec. 4.7. "Environmental restrictive ordinance" means, with respect to land, any ordinance that:
(1) is adopted by a municipal corporation; and
(2) seeks to control the use of groundwater in a manner and to a degree that protects human health and the environment against unacceptable exposure to a release of hazardous substances or petroleum, or both.
As added by P.L.78-2009, SEC.21. Amended by P.L.159-2011, SEC.42.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 2. Definitions of General Applicability › 36-1-2-5. "Executive"

Sec. 5. "Executive" means the following:
(1) The board of commissioners, for a county that does not have a consolidated city.
(2) The mayor of the consolidated city, for a county having a consolidated city.
(3) The mayor, for a city.
(4) The president of the town council, for a town.
(5) The trustee, for a township.
(6) The superintendent, for a school corporation.
(7) The chief executive officer, for any other political subdivision.
[Pre-Local Government Recodification Citation: 18-5-1.5-2(c).]
As added by Acts 1980, P.L.211, SEC.1. Amended by P.L.8-1989, SEC.93; P.L.77-2014, SEC.9; P.L.278-2019, SEC.178.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 2. Definitions of General Applicability › 36-1-2-5.5. "Federally Recognized Indian Tribe"

Sec. 5.5. "Federally recognized Indian tribe" means an Indian tribe named on the list of Indian tribes recognized by the United States Secretary of the Interior published under 25 U.S.C. 5131.
As added by P.L.108-2019, SEC.243.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 2. Definitions of General Applicability › 36-1-2-6. "Fiscal Body"

Sec. 6. "Fiscal body" means:
(1) county council, for a county not having a consolidated city;
(2) city-county council, for a consolidated city or county having a consolidated city;
(3) common council, for a city other than a consolidated city;
(4) town council, for a town;
(5) township board, for a township;
(6) governing body or budget approval body, for any other political subdivision that has a governing body or budget approval body; or
(7) chief executive officer of any other political subdivision that does not have a governing body or budget approval body.
[Local Government Recodification Citation: New.]
As added by Acts 1980, P.L.211, SEC.1. Amended by Acts 1981, P.L.11, SEC.132; P.L.8-1987, SEC.81; P.L.8-1989, SEC.94; P.L.186-2006, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 2. Definitions of General Applicability › 36-1-2-7. "Fiscal Officer"

Sec. 7. "Fiscal officer" means:
(1) auditor, for a county not having a consolidated city;
(2) controller, for a:
(A) consolidated city;
(B) county having a consolidated city, except as otherwise provided; or
(C) second class city;
(3) clerk-treasurer, for a third class city;
(4) clerk-treasurer, for a town; or
(5) trustee, for a township.
[Local Government Recodification Citation: New.]
As added by Acts 1980, P.L.211, SEC.1. Amended by Acts 1981, P.L.44, SEC.36; P.L.227-2005, SEC.12.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 2. Definitions of General Applicability › 36-1-2-9. "Legislative Body"

Sec. 9. "Legislative body" means the following:
(1) The board of county commissioners, for a county not subject to IC 36-2-3.5 or IC 36-3-1.
(2) The county council, for a county subject to IC 36-2-3.5.
(3) The city-county council, for a consolidated city or county having a consolidated city.
(4) The common council, for a city other than a consolidated city.
(5) The town council, for a town.
(6) The township board, for a township.
(7) The governing body of any other political subdivision that has a governing body.
(8) The chief executive officer of any other political subdivision that does not have a governing body.
[Pre-Local Government Recodification Citation: 18-5-1.5-2(b).]
As added by Acts 1980, P.L.211, SEC.1. Amended by Acts 1982, P.L.33, SEC.15; P.L.213-1986, SEC.1; P.L.8-1987, SEC.82; P.L.8-1989, SEC.95; P.L.186-2006, SEC.3; P.L.77-2014, SEC.10; P.L.278-2019, SEC.179; P.L.22-2021, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 2. Definitions of General Applicability › 36-1-2-10. "Municipal Corporation"

Sec. 10. "Municipal corporation" means unit, school corporation, library district, local housing authority, fire protection district, public transportation corporation, local building authority, local hospital authority or corporation, local airport authority, special service district, or other separate local governmental entity that may sue and be sued. The term does not include special taxing district.
[Local Government Recodification Citation: New.]
As added by Acts 1980, P.L.211, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 2. Definitions of General Applicability › 36-1-2-12. "Person"

Sec. 12. "Person" means individual, firm, limited liability company, corporation, association, fiduciary, or governmental entity.
[Local Government Recodification Citation: New.]
As added by Acts 1980, P.L.211, SEC.1. Amended by P.L.8-1993, SEC.512.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 2. Definitions of General Applicability › 36-1-2-15.5. "Responsible Bidder or Quoter"

Sec. 15.5. (a) "Responsible bidder or quoter" means one who is capable of performing the contract requirements fully and who has the integrity and reliability that will assure good faith performance.
(b) "Responsive bidder or quoter" means one who has submitted a bid or quote conforming in all material respects to the specifications.
As added by P.L.329-1985, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 2. Definitions of General Applicability › 36-1-2-16. "Safety Board"

Sec. 16. "Safety board" means the board of public safety or board of public works and safety of a city.
[Pre-Local Government Recodification Citation: 18-4-12-1(e).]
As added by Acts 1980, P.L.211, SEC.1. Amended by Acts 1981, P.L.309, SEC.39.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 2. Definitions of General Applicability › 36-1-2-17. "School Corporation"

Sec. 17. "School corporation" means a local public school corporation established under state law. The term includes a school city, school town, metropolitan school district, consolidated school corporation, county school corporation, township school corporation, community school corporation, or united school corporation.
[Local Government Recodification Citation: New.]
As added by Acts 1980, P.L.211, SEC.1. Amended by P.L.233-2015, SEC.325.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 2. Definitions of General Applicability › 36-1-2-18. "Special Taxing District"

Sec. 18. "Special taxing district" means a geographic area within which a special tax may be levied and collected on an ad valorem basis on property for the purpose of financing local public improvements that are:
(1) not political or governmental in nature; and
(2) of special benefit to the residents and property of the area.
[Local Government Recodification Citation: New.]
As added by Acts 1980, P.L.211, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 2. Definitions of General Applicability › 36-1-2-20. "Taxing District"

Sec. 20. "Taxing district" means a geographic area within which property is taxed by the same taxing entities and at the same total rate.
[Local Government Recodification Citation: New.]
As added by Acts 1980, P.L.211, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 2. Definitions of General Applicability › 36-1-2-21. "Town"

Sec. 21. "Town" refers to an incorporated town, unless the reference is to a school town.
[Local Government Recodification Citation: New.]
As added by Acts 1980, P.L.211, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 2. Definitions of General Applicability › 36-1-2-22. "Township"

Sec. 22. "Township" refers to a civil township, unless the reference is to a congressional township.
[Local Government Recodification Citation: New.]
As added by Acts 1980, P.L.211, SEC.1. Amended by P.L.233-2015, SEC.326.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 2. Definitions of General Applicability › 36-1-2-24. "Works Board"

Sec. 24. "Works board" means the following:
(1) The board of commissioners, for a county not having a consolidated city.
(2) The board of public works or board of public works and safety, for a city.
(3) The town council, for a town.
[Local Government Recodification Citation: New.]
As added by Acts 1980, P.L.211, SEC.1. Amended by Acts 1981, P.L.11, SEC.133; P.L.8-1989, SEC.96; P.L.77-2014, SEC.11; P.L.278-2019, SEC.180.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 3. Home Rule › 36-1-3-1. Application of Chapter

Sec. 1. This chapter applies to all units.
[Pre-Local Government Recodification Citations: 17-2-2.5-1 part; 18-1-1.5-1 part; 18-1-1.5-1.5 part; 18-1-1.5-30 part.]
As added by Acts 1980, P.L.211, SEC.1. Amended by P.L.251-1993, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 3. Home Rule › 36-1-3-2. Policy

Sec. 2. The policy of the state is to grant units all the powers that they need for the effective operation of government as to local affairs.
[Pre-Local Government Recodification Citations: 17-2-2.5-6 part; 18-1-1.5-23 part; 18-4-2-36 part.]
As added by Acts 1980, P.L.211, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 3. Home Rule › 36-1-3-3. Rule of Law; Resolution of Doubt as to Existence of Power of a Unit

Sec. 3. (a) The rule of law that any doubt as to the existence of a power of a unit shall be resolved against its existence is abrogated.
(b) Any doubt as to the existence of a power of a unit shall be resolved in favor of its existence. This rule applies even though a statute granting the power has been repealed.
[Pre-Local Government Recodification Citations: 17-2-2.5-6 part; 18-1-1.5-23 part; 18-4-2-36 part.]
As added by Acts 1980, P.L.211, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 3. Home Rule › 36-1-3-4. Rule of Law; Powers of Unit

Sec. 4. (a) The rule of law that a unit has only:
(1) powers expressly granted by statute;
(2) powers necessarily or fairly implied in or incident to powers expressly granted; and
(3) powers indispensable to the declared purposes of the unit;
is abrogated.
(b) A unit has:
(1) all powers granted it by statute; and
(2) all other powers necessary or desirable in the conduct of its affairs, even though not granted by statute.
(c) The powers that units have under subsection (b)(1) are listed in various statutes. However, these statutes do not list the powers that units have under subsection (b)(2); therefore, the omission of a power from such a list does not imply that units lack that power.
[Pre-Local Government Recodification Citations: 17-2-2.5-1 part; 17-2-2.5-6 part; 18-1-1.5-16 part; 18-1-1.5-23 part; 18-1-1.5-29; 18-4-2-33 part; 18-4-2-36 part.]
As added by Acts 1980, P.L.211, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 3. Home Rule › 36-1-3-5. Powers of Unit; Exercise; Township Exception

Sec. 5. (a) Except as provided in subsection (b), a unit may exercise any power it has to the extent that the power:
(1) is not expressly denied by the Indiana Constitution or by statute; and
(2) is not expressly granted to another entity.
(b) A township may not exercise power the township has if another unit in which all or part of the township is located exercises that same power.
[Pre-Local Government Recodification Citations: 17-2-2.5-1 part; 17-2-2.5-3 part; 18-1-1.5-1 part; 18-1-1.5-16 part; 18-1-1.5-19 part; 18-4-2-33 part; 18-5-10-2.]
As added by Acts 1980, P.L.211, SEC.1. Amended by P.L.251-1993, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 3. Home Rule › 36-1-3-6. Specific Manner for Exercising a Power; Constitutional or Statutory Provision; Ordinance; Resolution

Sec. 6. (a) If there is a constitutional or statutory provision requiring a specific manner for exercising a power, a unit wanting to exercise the power must do so in that manner.
(b) If there is no constitutional or statutory provision requiring a specific manner for exercising a power, a unit wanting to exercise the power must either:
(1) if the unit is a county or municipality, adopt an ordinance prescribing a specific manner for exercising the power;
(2) if the unit is a township, adopt a resolution prescribing a specific manner for exercising the power; or
(3) comply with a statutory provision permitting a specific manner for exercising the power.
(c) An ordinance under subsection (b)(1) must be adopted as follows:
(1) In a municipality, by the legislative body of the municipality.
(2) In a county subject to IC 36-2-3.5 or IC 36-3-1, by the legislative body of the county.
(3) In any other county, by the executive of the county.
(d) A resolution under subsection (b)(2) must be adopted by the legislative body of the township.
[Pre-Local Government Recodification Citations: 17-2-2.5-2 part; 17-2-2.5-7 part; 18-1-1.5-17; 18-4-2-32.6 part; 18-4-4-2(2); 18-4-5-5.]
As added by Acts 1980, P.L.211, SEC.1. Amended by Acts 1981, P.L.17, SEC.2; P.L.251-1993, SEC.3; P.L.77-2014, SEC.12; P.L.278-2019, SEC.181; P.L.22-2021, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 3. Home Rule › 36-1-3-7. Review or Regulation of Exercise of Power by a Unit

Sec. 7. State and local agencies may review or regulate the exercise of powers by a unit only to the extent prescribed by statute.
[Pre-Local Government Recodification Citations: 17-2-2.5-5; 18-1-1.5-22; 18-4-2-35(a).]
As added by Acts 1980, P.L.211, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 3. Home Rule › 36-1-3-8.5. Ordinance Requiring Housing Program Participation Prohibited

Sec. 8.5. A unit may not adopt or enforce an ordinance that requires or would have the effect of requiring a landlord to participate in:
(1) a Section 8 program of the federal Housing Act of 1937 (42 U.S.C. 1437f); or
(2) a similar program concerning housing.
As added by P.L.101-2015, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 3. Home Rule › 36-1-3-8.6. Regulation of Reusable or Disposable Auxiliary Containers Prohibited; Exceptions

Sec. 8.6. (a) As used in this section, "auxiliary container" means a bag, box, cup, bottle, or similar container that is:
(1) reusable or disposable;
(2) made of:
(A) cloth;
(B) paper;
(C) plastic;
(D) extruded polystyrene; or
(E) a similar material; and
(3) designed for:
(A) one time use; or
(B) transporting merchandise or food from food or retail facilities.
(b) Except as provided in subsections (c) and (d), a unit may not:
(1) regulate, or adopt or enforce an ordinance or resolution to regulate:
(A) the:
(i) manufacture;
(ii) distribution;
(iii) sale;
(iv) provision;
(v) use; or
(vi) disposition or disposal;
of auxiliary containers; or
(B) a:
(i) manufacturer of auxiliary containers;
(ii) distributor of auxiliary containers; or
(iii) food or retail facility that sells, provides, or otherwise makes use of auxiliary containers;
in connection with the manufacture, distribution, sale, provision, use, or disposition or disposal of auxiliary containers; or
(2) impose, or adopt or enforce an ordinance or resolution to impose, any:
(A) prohibition;
(B) restriction;
(C) fee; or
(D) tax;
with respect to auxiliary containers or to any person described in subdivision (1)(B) in connection with the manufacture, distribution, sale, provision, use, or disposition or disposal of auxiliary containers.
(c) This section does not prohibit, limit, or restrict:
(1) a curbside recycling program available in, or offered by, a unit; or
(2) the designation or operation of a residential or commercial recycling location within a unit.
(d) This section does not apply to the distribution, sale, provision, use, or disposition or disposal of auxiliary containers at any event that:
(1) is organized, sponsored, or permitted by a unit; and
(2) takes place on property owned by the unit.
As added by P.L.150-2016, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 3. Home Rule › 36-1-3-9. Territorial Jurisdiction; Exception; Petition

Sec. 9. (a) The area inside the boundaries of a county comprises its territorial jurisdiction. However, a municipality has exclusive jurisdiction over bridges (subject to IC 8-16-3-1), streets, alleys, sidewalks, watercourses, sewers, drains, and public grounds inside its corporate boundaries, unless a statute provides otherwise.
(b) The area inside the corporate boundaries of a municipality comprises its territorial jurisdiction, except to the extent that a statute expressly authorizes the municipality to exercise a power in areas outside its corporate boundaries.
(c) Whenever a statute authorizes a municipality to exercise a power in areas outside its corporate boundaries, the power may be exercised:
(1) inside the corporate boundaries of another municipality, only if both municipalities, by ordinance, enter into an agreement under IC 36-1-7; or
(2) in a county other than the county in which the municipal hall is located, but not inside the corporate boundaries of another municipality, only if both the municipality and the other county, by ordinance, enter into an agreement under IC 36-1-7.
(d) If the two (2) units involved under subsection (c) cannot reach an agreement, either unit may petition the circuit or superior court of the county to hear and determine the matters at issue. The clerk of the court shall issue notice to the other unit as in other civil actions, and the court shall hold the hearing without a jury. There may be a change of venue from the judge but not from the county. The petitioning unit shall pay the costs of the action.
[Pre-Local Government Recodification Citations: subsection (a) formerly 17-2-2.5-4 part; 18-5-10-4 part; subsection (b) formerly 18-1-1.5-1 part; subsections (c) and (d) formerly 18-1-1.5-21.]
As added by Acts 1980, P.L.211, SEC.1. Amended by P.L.169-2015, SEC.169; P.L.149-2016, SEC.91.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 3. Home Rule › 36-1-3-11. "Election"; "Sign"; Certain Sign Ordinances Unenforceable, Time Period; Public Safety Exception

Sec. 11. (a) As used in this section, "election" refers to an election described in IC 3-5-1-2.
(b) As used in this section, "sign" refers to a sign, the surface area of which is not greater than thirty-two (32) square feet. For purposes of determining the surface area of a sign under this section, if a sign consists of two (2) faces, only the surface area of one (1) of the faces is considered if both of the following apply:
(1) The faces are mounted back to back.
(2) The measure of the angle between the faces is not more than fifteen (15) degrees.
(c) Subject to subsection (d), an ordinance or a regulation of a political subdivision relating to the number or size of signs is unenforceable during the following period:
(1) Beginning sixty (60) days before an election.
(2) Ending at the beginning of the sixth day after the election.
(d) This section does not prohibit a political subdivision from enforcing an ordinance or regulation relating to the number or size of signs at any time if necessary to ensure public safety.
As added by P.L.211-2017, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 3. Home Rule › 36-1-3-11.2. Fee Waiver for Occupational or Professional License

Sec. 11.2. (a) This section applies to a license for which a unit imposed a fee before July 1, 2017.
(b) As used in this section, "license" means any license, permit, registration, endorsement, or certificate required by a unit for:
(1) an individual to practice or a business to engage one (1) or more individuals to practice an occupation or profession in an area over which the unit has jurisdiction; or
(2) an individual or business to use in an area over which the unit has jurisdiction, a name, or other designation that is associated with an occupation or a profession.
(c) After June 30, 2017, a unit shall waive fees and taxes related to the initial issuance and reinstatement, including tests, inspections, and other activities that are a condition of the initial issuance or reinstatement of a license, of an occupational or professional license if:
(1) the combined adjusted gross income (as defined in Section 62 of the Internal Revenue Code) of:
(A) the applicant and the applicant's spouse; and
(B) any other individuals living together with the applicant at one (1) residence as a domestic unit with mutual economic dependency;
for the calendar year preceding the year in which an application to issue, renew, or reinstate is made did not exceed one hundred twenty percent (120%) of the federal poverty level;
(2) the applicant, at the time of submitting an application for the initial issuance or reinstatement of a license, is enrolled in a state or federal public assistance program;
(3) the applicant is a veteran (as defined in IC 10-17-15-3) or the spouse of a veteran; or
(4) the applicant is a member of the armed forces of the United States (as defined in IC 5-9-4-3) or national guard (as defined in IC 5-9-4-4) on active duty or the spouse of the member.
(d) After June 30, 2017, a unit shall waive fifty percent (50%) of the fees and taxes related to the initial issuance and reinstatement, including tests, inspections, and other activities that are a condition of the initial issuance or reinstatement of a license, of an occupational or professional license if the combined adjusted gross income (as defined in Section 62 of the Internal Revenue Code) of:
(1) the applicant and the applicant's spouse; and
(2) any other individuals living together with the applicant at one (1) residence as a domestic unit with mutual economic dependency;
for the calendar year preceding the year in which an application to issue, renew, or reinstate is made equaled or exceeded one hundred twenty percent (120%) of the federal poverty level and did not exceed one hundred eighty-five percent (185%) of the federal poverty level.
As added by P.L.223-2017, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 3. Home Rule › 36-1-3-11.4. Commercial Motor Vehicle

Sec. 11.4 (a) As used in this section, "commercial motor vehicle" has the meaning set forth in IC 9-13-2-31.
(b) A unit may not adopt or enforce an ordinance that requires an operator of a commercial motor vehicle to obtain a permit from the unit to operate the commercial motor vehicle within the jurisdiction of the unit unless expressly authorized by statute.
As added by P.L.196-2017, SEC.9.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 3. Home Rule › 36-1-3-12. Prohibited From Licensing, Registering, or Certifying a Profession or Occupation; Exceptions

Sec. 12. (a) This section does not prohibit any of the following:
(1) A requirement for a license, registration, certification, or permit required under an ordinance or rule adopted under IC 36-7.
(2) A requirement for a permit or registration for a particular project for:
(A) the alteration, construction, demolition, or repair of a building; or
(B) other work on real property;
required under an ordinance or rule adopted under another provision of this title.
(3) The ability to revoke, suspend, or impose additional conditions on a permit or registration previously given if the person:
(A) holding the permit; or
(B) registered;
has performed substandard work or has otherwise violated any condition of the permit or registration.
(4) A requirement for a license for an individual to practice an occupation or profession when the unit determines the establishment and enforcement of health and safety standards for the occupation or profession are appropriate and necessary to protect the public.
(b) Except as provided in subsection (a), a unit does not have the power to license, register, or certify a person to practice the person's profession or occupation within the unit if the occupation or profession is subject to licensure, registration, or certification under the Indiana Code.
As added by P.L.172-2018, SEC.3 and P.L.182-2018, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 3. Home Rule › 36-1-3-13. Local Units Prohibited From Requiring or Prohibiting Particular Component, Design, or Type of Material Used in Building Construction Based on Energy Saving or Producing Qualities; Exemption for Construction or Design of Buildings Owned or Used by Unit

Sec. 13. (a) Unless required under IC 36-7-2-9, a unit does not have the power to do the following:
(1) Require that a particular component, design, or type of material be used in the construction of a building or other structure because of the energy saving or energy producing qualities of the component, design, or material.
(2) Prohibit the use of a particular component, design, or type of material in the construction of a building or other structure because the component, design, or material does not meet a standard for energy saving.
(3) Require that a building or other structure be retrofitted with a particular device or type of material because of the energy saving or energy producing qualities of the device or material.
(4) Prohibit or restrict the purchase or use of vehicles or other machines based upon the type of energy that powers the vehicle or machine.
(5) Prohibit the sale, installation, or use of any of the following:
(A) Natural gas powered home heating equipment.
(B) Natural gas powered home appliances.
(C) Grills, stoves, and other food preparation appliances designed to be used outdoors.
(D) Natural gas powered:
(i) heating appliances; and
(ii) torches, lamps, and other decorative features;
designed to be used outdoors.
(6) Enact an ordinance, adopt a resolution, or enforce an ordinance or resolution that purports to exercise a power denied by subdivisions (1) through (5).
(b) This section does not apply to requirements included in procurement documents used to procure goods and services, including the construction or design of buildings, to be owned or used by the unit. A unit may adopt bid specifications for a public works project that include energy savings or energy production provisions with respect to the components, design, or materials for the specific project.
As added by P.L.180-2021, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 3.5. Transfer of Jurisdiction From General Assembly to Local Legislative Authorities › 36-1-3.5-1. Policy; Purpose

Sec. 1. The policy of the state is that in all cases where a general law can be made applicable, all laws should be general and of uniform operation throughout the state, as provided by Article 4, Section 23 of the Constitution of Indiana. In addition, the policy of the state is that in local affairs where a general law cannot be made applicable, the applicable laws should be determined by the local legislative authorities under the home rule provisions of this title, particularly IC 36-1-3-6. Therefore, the purpose of this chapter is to transfer to the appropriate local authorities jurisdiction over certain local matters that, before the 1981 regular session of the general assembly, have been subjects of statutory concern.
[Local Government Recodification Citation: New.]
As added by Acts 1981, P.L.17, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 3.5. Transfer of Jurisdiction From General Assembly to Local Legislative Authorities › 36-1-3.5-2. Consolidated City and County; Transfer to Legislative Body

Sec. 2. (a) This section applies to each consolidated city and its county.
(b) Jurisdiction over the following local matters, which before the 1982 regular session of the general assembly have been subjects of statutory concern, is transferred to the legislative body of the consolidated city and county:
(1) Powers, duties, functions, and obligations of department of administration (formerly governed by IC 18-4-7 and IC 18-4-18).
(2) Certain powers, duties, functions, and obligations of department of metropolitan development (formerly governed by IC 18-4-8-1 through IC 18-4-8-7, IC 18-4-8-10(3), IC 18-4-8-12, IC 18-4-8-13, IC 18-4-8-14, and IC 19-8-23).
(3) Certain powers, duties, functions, and obligations of department of public safety (formerly governed by IC 18-4-12-1 through IC 18-4-12-7, IC 18-4-12-9 through IC 18-4-12-12, IC 18-4-12-14 through IC 18-4-12-16, IC 18-4-12-18, IC 18-4-12-28 through IC 18-4-12-35, IC 18-4-12-37, IC 18-4-12-38, IC 18-4-12-40, IC 18-4-12-42, IC 18-4-12-45, IC 18-4-12-49 through IC 18-4-12-59, IC 19-1-1, and IC 19-1-6).
(4) Certain powers, duties, functions, and obligations of department of public works (formerly governed by IC 18-4-2-16, IC 18-4-9-2, IC 18-4-9-3, IC 19-2-11, IC 19-2-14.5-1, IC 19-2-14.5-3, IC 19-2-14.5-4, IC 19-2-17, IC 19-2-18, IC 19-2-21, IC 19-2-22, IC 19-2-23, IC 19-4-22, and IC 19-5-10).
(5) Territory of solid waste special service district (formerly governed by IC 19-2-14.5-5 and IC 19-2-14.5-6).
(6) Certain powers, duties, functions, and obligations of Indiana department of transportation (formerly governed by IC 8-17-2, IC 18-4-10-3, IC 18-4-10-14, IC 19-5-3, IC 19-5-4, and IC 19-5-10).
(7) Street vacation procedures (formerly governed by IC 19-5-20).
(8) Certain powers, duties, functions, and obligations of department of parks and recreation (formerly governed by IC 18-4-13).
[Local Government Recodification Citation: New.]
As added by Acts 1981, P.L.17, SEC.4. Amended by Acts 1982, P.L.127, SEC.7; P.L.18-1990, SEC.288.