reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 8. Utilities and Transportation › Article 21. Aeronautics › Chapter 10. Regulation of Tall Structures › 8-21-10-12. Actions to Prevent, Restrain, Correct, or Abate Violations

Sec. 12. In addition to any other remedy provided by law, the department may institute in any court of general jurisdiction, an action to prevent, restrain, correct, or abate any violation of this chapter or of any rules or orders the department issued or ordered under this chapter. The court may grant such relief, by way of injunction, which may be mandatory, or otherwise, as may be necessary under this chapter and the applicable rules or orders of the department issued under this chapter.
As added by P.L.117-1983, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 21. Aeronautics › Chapter 10. Regulation of Tall Structures › 8-21-10-13. Application of Chapter to Existing Structures

Sec. 13. This chapter does not apply to any structure that existed on April 1, 1957. Any permit that was issued by the department under IC 8-21-7 (before its repeal on September 1, 1983) shall be treated after August 31, 1983, as though it had been issued under this chapter.
As added by P.L.117-1983, SEC.1. Amended by P.L.3-1990, SEC.35.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 21. Aeronautics › Chapter 10. Regulation of Tall Structures › 8-21-10-14. Application of Chapter to Existing Structures

Sec. 14. Except for the requirements of section 3.1 of this chapter, this chapter does not apply in respect to the location, relocation, erection, construction, reconstruction, change, alteration, maintenance, removal, use, or enlargement of any existing structures, except radio and television towers.
As added by P.L.117-1983, SEC.1. Amended by P.L.96-1998, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 21. Aeronautics › Chapter 10. Regulation of Tall Structures › 8-21-10-15. Violations; Offense

Sec. 15. A person who violates or fails to comply with this chapter commits a Class A infraction. Each day that such a violation or failure continues constitutes a separate offense.
As added by P.L.117-1983, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 21. Aeronautics › Chapter 11. Airport Development Program › 8-21-11-1. "Airport" Defined

Sec. 1. Notwithstanding IC 8-21-1-1, as used in this chapter, "airport" means a public use airport (as defined in 49 U.S.C. 47102).
As added by P.L.34-1990, SEC.2. Amended by P.L.1-1999, SEC.22.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 21. Aeronautics › Chapter 11. Airport Development Program › 8-21-11-4. Grant Fund; Revolving Loan Fund; Administration

Sec. 4. (a) The airport development grant fund and the airport development revolving loan fund are established for the purposes of this chapter. The department shall administer the two (2) funds.
(b) The department shall pay the expenses of administering the funds.
(c) The treasurer of state shall invest the money in each fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested. Interest that accrues from these investments shall be deposited in the fund that earns the interest.
(d) Money in a fund at the end of a state fiscal year does not revert to the state general fund.
As added by P.L.34-1990, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 21. Aeronautics › Chapter 11. Airport Development Program › 8-21-11-5. Program to Foster Airport Development; Components; Rules

Sec. 5. (a) The department shall adopt rules under IC 4-22-2 to establish a program to foster airport development in Indiana with special emphasis on improvement of airports as an economic development tool. The program must include the following components:
(1) State grants to airports from the grant fund to match federal Aviation Trust Fund grants.
(2) State grants to airports from the grant fund for airport development projects for which federal grants are not available.
(3) Loans to airports from the loan fund for airport development projects.
(b) The rules must establish the following for both grants and loans:
(1) Standards of eligibility.
(2) The maximum amount of money for which any one (1) airport or airport development project is eligible.
(3) Application procedures.
(4) The local matching funds that are required.
(5) In determining the amount of the match for a state grant for which federal grants are not available as described in subsection (a)(2), the department shall:
(A) consider the airport classification and the type of project; and
(B) require matching funds of at least twenty-five percent (25%).
(6) Other provisions to administer the grant and loan programs.
As added by P.L.34-1990, SEC.2. Amended by P.L.123-2023, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 21. Aeronautics › Chapter 11. Airport Development Program › 8-21-11-5.5. Eligibility of Projects

Sec. 5.5. (a) The program described in section 5 of this chapter is designed to optimize the use of the grant fund. The primary goals of the allocation program are to:
(1) further the proper development and maintenance of a statewide system of airports;
(2) further economic development; and
(3) provide safety of aircraft operations.
(b) This program requires the project to do the following:
(1) Be for the establishment or improvement of a public use airport.
(2) Be included in the Indiana airports system plan, as provided in IC 8-21-1-8.
(3) Be located on a site approved by the department.
(4) Follow an airport layout plan approved by the department.
(5) Meet the general design criteria of the Federal Aviation Administration Advisory Circulars.
However, subdivisions (1) through (5) are examples and guidelines and may be waived by the department, where, in the judgment of the department, the public interest is best served by allowing less stringent criteria.
(c) Engineering agreements for work to be financed in part by the grant fund must be reviewed for approval by the department.
(d) Airport development items that are eligible for funding include the following:
(1) Land acquisition for development of airport facilities.
(2) Engineering and legal fees for airport planning and development.
(3) Grading, drainage, paving, and miscellaneous items necessary for the construction or reconstruction of runways, taxiways, and aprons.
(4) Acquisition of runway clear zones and aviation easements, or other interests in air space as may be reasonably required for safeguarding aircraft operations in the vicinity of an airport.
(5) Removal of obstructions from approach areas.
(6) Installation or relocation of any of the following:
(A) Segmented circles.
(B) Runway, apron, and taxiway lights.
(C) Taxiway guidance signs.
(D) Obstruction lights.
(E) Security flood lights.
(F) Airport beacons.
(G) Wind and landing direction indicators.
(H) Auxiliary power units.
(I) REILs (Runway End Identification Lights) and visual glideslope indicator systems.
(7) Grading, drainage, paving, and miscellaneous items necessary for the construction or reconstruction of airport access roads and public auto parking areas.
(8) Construction of airport safety facilities, security fencing, acquisition of aircraft rescue and firefighting (ARFF) vehicles, and snow removal equipment.
(9) Installation of instrument landing systems, approach lighting systems, and other approach aids.
(10) Development of master planning grants.
(11) Airport operational buildings. However, additional building projects will not be eligible until the eighth fiscal year after the completion of the previous building project.
(12) Terminal buildings, fuel farms, and hangars.
(13) Other items approved by the department, where, in the judgment of the department, the public interest is best served.
As added by P.L.123-2023, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 21. Aeronautics › Chapter 11. Airport Development Program › 8-21-11-6. Eligibility for Grant or Loan

Sec. 6. The following may apply to the department for a grant or a loan for an airport development project:
(1) An eligible entity that has established a board of aviation commissioners under IC 8-22-2.
(2) An airport authority established under IC 8-22-3.
(3) A public airport established under IC 21-31-7.
(4) Any airport that is eligible for an exemption under IC 6-1.1-10-15.
As added by P.L.34-1990, SEC.2. Amended by P.L.114-1995, SEC.1; P.L.2-2007, SEC.138.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 21. Aeronautics › Chapter 11. Airport Development Program › 8-21-11-7. Allocation of Grant Funds

Sec. 7. (a) The department shall determine the allocation of grant funds among eligible applicants. However, the total amount of grants under this chapter may not exceed the balance in the grant fund.
(b) The budget agency shall certify to the department, the auditor of state, and the treasurer of state that funds are available for a specific grant under subsection (a). Upon receipt of the certification from the budget agency, the funds shall be transmitted to the grant recipient.
As added by P.L.34-1990, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 21. Aeronautics › Chapter 11. Airport Development Program › 8-21-11-8. Allocation of Loan Funds; Maximum Amount

Sec. 8. (a) The department shall determine the allocation of loan funds among eligible applicants. However, the total amount of loans under this chapter may not exceed the balance in the loan fund.
(b) An application for a loan must comply with the following:
(1) Be accompanied by a request for the loan in the form of a resolution adopted by the applicant's fiscal body in the case of an eligible entity or the applicant's governing board in the case of an airport authority.
(2) Be accompanied by a plan for repayment that is determined by the department to be an adequate plan.
(3) Meet all requirements for a grant from the fund, but not be the recipient of such a grant.
(4) Meet all requirements that the department establishes.
As added by P.L.34-1990, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 21. Aeronautics › Chapter 11. Airport Development Program › 8-21-11-9. Terms of Loans

Sec. 9. The department shall determine the terms of each loan, which must include the following:
(1) The duration of the loan, which may not exceed twelve (12) years.
(2) The repayment schedule of the loan, which must provide that no payments are due during the first two (2) years of the loan.
(3) A variable rate of interest to be determined by the department and adjusted annually. The interest rate must be the greater of:
(A) five percent (5%); or
(B) two-thirds (2/3) of the interest rate for fifty-two (52) week United States Treasury bills on the anniversary date of the loan, but not to exceed ten percent (10%).
(4) The amount of the loan.
(5) Any other conditions specified by the department.
As added by P.L.34-1990, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 21. Aeronautics › Chapter 11. Airport Development Program › 8-21-11-10. Repayment of Loans; Source

Sec. 10. As set forth in IC 5-1-14, an applicant may use any source of revenue to repay a loan under this chapter. This section constitutes complete authority for an applicant to borrow from the loan fund.
As added by P.L.34-1990, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 21. Aeronautics › Chapter 11. Airport Development Program › 8-21-11-11. Default on Loan Repayments; Withholding of State Funds Payable to Recipient

Sec. 11. If a loan recipient fails to make any repayments of a loan, the auditor of state shall withhold the repayment amount from any other money payable by the state to the recipient. The amount withheld shall be transferred to the loan fund to the credit of the recipient.
As added by P.L.34-1990, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 21. Aeronautics › Chapter 12. Airport Financing › 8-21-12-2. "Airport"

Sec. 2. As used in this chapter, "airport" means a location on land or water or a building or other structure that is used for the landing and taking off of aircraft, and that also provides for the shelter, supply, or care of aircraft, or a place used for receiving or discharging passengers or cargo by air.
As added by P.L.28-1991, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 21. Aeronautics › Chapter 12. Airport Financing › 8-21-12-3. "Authority"

Sec. 3. As used in this chapter, "authority" refers to the Indiana finance authority established by IC 5-1.2-3.
As added by P.L.28-1991, SEC.2. Amended by P.L.235-2005, SEC.119; P.L.189-2018, SEC.101.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 21. Aeronautics › Chapter 12. Airport Financing › 8-21-12-4. "Aviation Related Property or Facilities"

Sec. 4. (a) As used in this chapter, "aviation related property or facilities" means those properties or facilities that are utilized by a lessee, or a lessee's assigns, who provides services or accommodations:
(1) for scheduled or unscheduled air carriers and air taxis, and their passengers, air cargo operations, and related ground transportation facilities;
(2) for fixed based operations;
(3) for general aviation or military users; and
(4) as aviation maintenance and repair facilities.
(b) The term includes any property leased to the United States, or its agencies or instrumentalities, and any leased property identified as clear zones, aviation easements, or safety and transition areas, as defined by the Federal Aviation Administration.
As added by P.L.28-1991, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 21. Aeronautics › Chapter 12. Airport Financing › 8-21-12-7. "Landing Field"

Sec. 7. As used in this chapter, "landing field" means a location on land or water or a building or other structure that is used for the landing and taking off of aircraft, but that provides no other facilities or services.
As added by P.L.28-1991, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 21. Aeronautics › Chapter 12. Airport Financing › 8-21-12-9. "Local Entity"

Sec. 9. As used in this chapter, "local entity" means a county, city, town, or other municipal corporation (as defined in IC 36-1-2-10).
As added by P.L.28-1991, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 21. Aeronautics › Chapter 12. Airport Financing › 8-21-12-10. "Person"

Sec. 10. As used in this chapter, "person" means:
(1) an individual, partnership, firm, company, limited liability company, corporation, association, trust, or estate; or
(2) the legal representative or agent of the individual or entity described in subdivision (1).
As added by P.L.28-1991, SEC.2. Amended by P.L.8-1993, SEC.151.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 21. Aeronautics › Chapter 12. Airport Financing › 8-21-12-10.5. Applicability to the Authority

Sec. 10.5. This chapter:
(1) applies to the authority only when acting for the purposes set forth in this chapter; and
(2) does not apply to the authority when acting under any other statute for any other purpose.
As added by P.L.235-2005, SEC.120.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 21. Aeronautics › Chapter 12. Airport Financing › 8-21-12-12. Recovery of Damages

Sec. 12. The authority may take action to recover damages for the breach of an agreement, expressed or implied, relating to the operation, control, leasing, management, or improvement of the property under the authority's control, to impose the penalties for the violation of resolutions or of the authority's rules or regulations, and for injury to the personal or real property under the authority's control, and to recover possession of any such property.
As added by P.L.28-1991, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 21. Aeronautics › Chapter 12. Airport Financing › 8-21-12-14. Eminent Domain; Public Utility Property

Sec. 14. (a) The authority may exercise the power of eminent domain to carry out this chapter and may award damages to landowners for real estate and property rights appropriated. If the authority cannot agree with the owners, lessees, or occupants of real estate selected by the authority for the purposes in this chapter, the authority may procure the condemnation of the property. The authority may proceed under IC 32-24-1. IC 32-24-1 applies to airports, landing fields, districts, and restricted zones adjoining them to the extent that IC 32-24-1 is not inconsistent with this chapter.
(b) If:
(1) it is necessary to establish and fix a restricted zone on and across land that:
(A) is already in use for another public purpose; or
(B) has been condemned or appropriated for a use authorized by statute; and
(2) the land 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 authority to condemn the use of ground for aviation purposes. Use by the authority does not permanently prevent the use of the land for the prior public use or by the corporation condemning or appropriating it.
(c) The authority 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 authority.
As added by P.L.28-1991, SEC.2. Amended by P.L.2-2002, SEC.45.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 21. Aeronautics › Chapter 12. Airport Financing › 8-21-12-16. Loans to the Authority

Sec. 16. The authority may negotiate terms and borrow money from any source under a loan contract, subject to the following requirements:
(1) The loan contract must be approved by resolution of the authority.
(2) The loan contract must provide for the repayment of the loan in not more than forty (40) years.
(3) The loan contract must state that the indebtedness is that of the authority, is payable solely from revenues of the authority that are derived from either airport operations or from revenue bonds, and may not be paid by a tax levied on property located within the state.
As added by P.L.28-1991, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 21. Aeronautics › Chapter 12. Airport Financing › 8-21-12-17. Loan Contracts; Tax Exemptions

Sec. 17. Any loan contract issued under this chapter is issued by a body corporate and politic of this state, but not a state agency, and for essential public and governmental purposes. A loan contract, the interest on it, the proceeds received by a holder from the sale of a loan contract to the extent of the holder's cost of acquisition, the proceeds received upon redemption before maturity, the proceeds received at maturity, and the receipt of the interest and proceeds are exempt from taxation as provided in IC 6-8-5.
As added by P.L.28-1991, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 21. Aeronautics › Chapter 12. Airport Financing › 8-21-12-18. Officers and Employees; Bonds; Surety

Sec. 18. The authority 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 authority designates.
As added by P.L.28-1991, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 21. Aeronautics › Chapter 12. Airport Financing › 8-21-12-19. Airports and Landing Fields; Establishment; Tax Exemption

Sec. 19. (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 the state.
(b) Notwithstanding any other statute, the leasehold estate of any lessee created pursuant to a lease by the authority of the authority's aviation related property or facilities, together with any permanent structure erected on the property by the lessee is exempt from property taxation.
As added by P.L.28-1991, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 21. Aeronautics › Chapter 12. Airport Financing › 8-21-12-20. Bonds; Issuance by Fiscal Bodies of Local Entities

Sec. 20. Whenever the fiscal body of a local entity determines that the public interest of the local entity will be served by assisting the authority in executing the powers granted by this chapter, the local 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 money that 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 local entity was exercising the powers granted in the local entity's own behalf.
As added by P.L.28-1991, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 21. Aeronautics › Chapter 12. Airport Financing › 8-21-12-21. Airports and Other Navigation Facilities; Receipt of Funds; Grants

Sec. 21. (a) The authority may accept, receive, and receipt for federal, other public, or private money 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 money upon airports and other air navigation facilities.
(b) Subject to IC 8-21-8, the authority 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 a state or a federal agency 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.
As added by P.L.28-1991, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 1. Definitions › 8-22-1-1. Application of Definitions

Sec. 1. Except as otherwise provided, the definitions in this chapter apply throughout this article.
[Local Government Recodification Citation: New.]
As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.115-1995, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 1. Definitions › 8-22-1-2. "Aircraft"

Sec. 2. "Aircraft" means a vehicle used or designed for navigation of or flight in the air.
[Pre-Local Government Recodification Citations: 19-6-1-1 part; 19-6-2-1 part; 19-6-3-1 part; 19-6-3.5-2 part.]
As added by Acts 1980, P.L.8, SEC.73.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 1. Definitions › 8-22-1-3. "Airport"

Sec. 3. "Airport" means a location on land or water or a building or other structure that is used for the landing and taking off of aircraft, and that also provides for the shelter, supply, or care of aircraft, or a place used for receiving or discharging passengers or cargo by air.
[Pre-Local Government Recodification Citations: 19-6-1-1 part; 19-6-2-1 part; 19-6-3-1 part; 19-6-3.5-2 part; 19-6-4-2 part; 19-6-6-1 part.]
As added by Acts 1980, P.L.8, SEC.73.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 1. Definitions › 8-22-1-4. "Authority"

Sec. 4. "Authority" means an airport authority established under this article or that was established under IC 19-6-3.5, IC 19-6-2, or IC 19-6-3 (before their repeal on April 1, 1980).
[Pre-Local Government Recodification Citations: 19-6-2-1 part; 19-6-3.5-2 part.]
As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.3-1990, SEC.36.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 1. Definitions › 8-22-1-4.5. "Aviation Related Property or Facilities"

Sec. 4.5. (a) "Aviation related property or facilities" means those properties or facilities that are utilized by a lessee, or a lessee's assigns, who provides services or accommodations:
(1) for scheduled or unscheduled air carriers and air taxis, and their passengers, air cargo operations, and related ground transportation facilities;
(2) for fixed based operations;
(3) for general aviation or military users; and
(4) as aviation manufacturing, assembly, research and development, or maintenance and repair facilities.
(b) The term includes any property leased to the United States, or its agencies or instrumentalities, and any leased property identified as clear zones, aviation easements, safety and transition areas, as defined by the Federal Aviation Administration.
As added by P.L.60-1988, SEC.19. Amended by P.L.190-2014, SEC.30.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 1. Definitions › 8-22-1-5. "Board"

Sec. 5. "Board" means the board of an airport authority or a board of aviation commissioners.
[Pre-Local Government Recodification Citations: 19-6-2-1 part; 19-6-3-1 part; 19-6-3.5-2 part.]
As added by Acts 1980, P.L.8, SEC.73.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 1. Definitions › 8-22-1-5.1. "Commercial Aeronautics"

Sec. 5.1. An entity is engaged in "commercial aeronautics" if the entity engages in a for-profit business activity on a publicly owned, public use airport.
As added by P.L.154-2016, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 1. Definitions › 8-22-1-6. "Eligible Entity"

Sec. 6. "Eligible entity" means a county, city, town, or other municipal corporation or district that may acquire, establish, construct, maintain, improve, and operate airports.
[Pre-Local Government Recodification Citations: 19-6-1-1 part; 19-6-2-1 part; 19-6-3-1 part; 19-6-3.5-2 part; 19-6-6-1 part.]
As added by Acts 1980, P.L.8, SEC.73.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 1. Definitions › 8-22-1-7. "Executive"

Sec. 7. "Executive" means:
(1) board of commissioners, of a county not having a consolidated city;
(2) mayor of the consolidated city, of a county having a consolidated city;
(3) mayor, of a city;
(4) president of the town council, of a town; or
(5) chief executive officer, of any other political subdivision.
[Pre-Local Government Recodification Citation: 19-6-1-1 part.]
As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.8-1989, SEC.55.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 1. Definitions › 8-22-1-8. "Fiscal Body"

Sec. 8. "Fiscal body" means county council, city-county council of a consolidated city and county, common council of a city, town council of a town, or governing body of any other eligible entity.
[Pre-Local Government Recodification Citation: 19-6-5-1 part.]
As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.8-1989, SEC.56.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 1. Definitions › 8-22-1-9. "Governmental Unit"

Sec. 9. "Governmental unit" means a civil city or civil county located within the confines of a party state. The county, if the combining unit is a county, or if the combining unit is a city, the county in which the city is located, must have a common boundary with an adjoining party state.
[Pre-Local Government Recodification Citations: 19-6-1-1 part; 19-6-2-1 part; 19-6-3-1 part; 19-6-3.5-2 part.]
As added by Acts 1980, P.L.8, SEC.73.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 1. Definitions › 8-22-1-10. "Landing Area"

Sec. 10. "Landing area" is that part of an airport or landing field designated and used for the landing or taking off of aircraft.
[Pre-Local Government Recodification Citations: 19-6-1-1 part; 19-6-3-1 part; 19-6-4-2 part; 19-6-6-1 part.]
As added by Acts 1980, P.L.8, SEC.73.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 1. Definitions › 8-22-1-11. "Landing Field"

Sec. 11. "Landing field" means a location on land or water or a building or other structure that is used for the landing and taking off of aircraft, but that provides no other facilities or services.
[Pre-Local Government Recodification Citations: 19-6-1-1 part; 19-6-2-1 part; 19-6-3-1 part; 19-6-3.5-2 part; 19-6-6-1 part.]
As added by Acts 1980, P.L.8, SEC.73.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 1. Definitions › 8-22-1-12. "Ordinance"

Sec. 12. "Ordinance" means a legislative enactment that has general application within the district subject to the jurisdiction of an airport authority.
[Pre-Local Government Recodification Citations: 19-6-2-1 part; 19-6-3-1 part; 19-6-3.5-2 part.]
As added by Acts 1980, P.L.8, SEC.73.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 1. Definitions › 8-22-1-13. "Party States"

Sec. 13. "Party states" means the state of Indiana and an adjoining state.
[Pre-Local Government Recodification Citation: 19-6-5-1 part.]
As added by Acts 1980, P.L.8, SEC.73.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 1. Definitions › 8-22-1-14. "Person"

Sec. 14. "Person" means an individual, partnership, firm, company, limited liability company, corporation, association, trust, estate, or his or its legal representative or agent.
[Pre-Local Government Recodification Citations: 19-6-2-1 part; 19-6-3-1 part; 19-6-3.5-2 part.]
As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.8-1993, SEC.152.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 2. Local Boards of Aviation Commissioners › 8-22-2-2. Members of Board of Aviation Commissioners; Qualifications; Restrictions

Sec. 2. (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 of aviation commissioners, 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;
(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; and
(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 department of aviation; and
(B) has statutory fiscal or management review of the board'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 of aviation commissioners, 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 Citation: 19-6-1-3.]
As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.129-1987, SEC.1; P.L.5-1988, SEC.53; P.L.134-2005, SEC.2; P.L.61-2012, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 2. Local Boards of Aviation Commissioners › 8-22-2-3. Terms of Office of Board Members

Sec. 3. (a) The first members of the board hold office as follows:
(1) One (1) for the term of one (1) year.
(2) One (1) for the term of two (2) years.
(3) One (1) for the term of three (3) years.
(4) In the case of:
(A) a board initially established with four (4) members, one (1) for the term of four (4) years; or
(B) a board initially established with five (5) members, two (2) for the term of four (4) years.
The members serve under this subsection from twelve o'clock noon on the first Monday in January of the year of their appointment.
(b) On the expiration of the respective terms, the executive shall appoint a commissioner or commissioners to fill the vacancies caused by the expiration, and the commissioner or commissioners so appointed hold office for a term of four (4) years, and until their successors are appointed and qualified, and if a vacancy occurs in the board by resignation or otherwise, the executive shall appoint a commissioner for the remainder of the term. The executive of the eligible entity may, at any time, remove a commissioner from office, but only upon filing in writing with the clerk or other officer performing duties similar to that of clerk in entities having no clerk, the reasons for the removal.
[Pre-Local Government Recodification Citation: 19-6-1-4.]
As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.134-2005, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 2. Local Boards of Aviation Commissioners › 8-22-2-4. Officers of Board; Office Facilities; Reports; Expenditures; Meetings

Sec. 4. The board shall choose, annually, at its first regular meeting in January, one (1) of its members president, and another of its members vice president to perform the duties of the president during the absence or disability of the president. The eligible entity shall provide a suitable office for the board in the entity, or, at the option of the board, at the airport, at the expense of the department of aviation, where its maps, plans, documents, records, and accounts shall be kept, subject to public inspection at all reasonable times. Before February 2 each year the board shall make a report to the executive of its proceedings with a full statement of its receipts and disbursements for the preceding year, including a report of the acquisition of air navigation facilities and of other property that has come under the control of the board, improvements made, general character of the work of the board, and progress of aviation and air commerce under its control. Money received by the board shall be paid into the entity's treasury and credited to the department of aviation, and all expenditures relating to the property and business under the control of the department, except as otherwise provided, may be provided for by special levy of taxes under section 7 of this chapter, and shall be paid from the entity's treasury when ordered by the board. A majority of the members constitutes a quorum, and an action of the board must be taken by a majority of the members at a regular or duly called special meeting. In case of a tie vote on any question, the executive shall decide. The board shall fix a time for holding regular meetings. 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. Special meetings of the board may be called at any time by its president, or by any two (2) of its members, upon a written request to the secretary. Whenever in the opinion of the president or of any two (2) members, a special meeting is necessary, he or they shall cause the secretary to notify the members by mailing written notice of the time of the meeting, at least one (1) day before the meeting. A member may waive notice in writing and the presence of a member at a special meeting is considered a waiver of notice.
[Pre-Local Government Recodification Citation: 19-6-1-5.]
As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.137-2000, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 2. Local Boards of Aviation Commissioners › 8-22-2-6. Contract Procedures; Emergencies

Sec. 6. For all contracts for improvements and purchases, other than those for professional services and those for the acquisition of land, structures, easements, and rights-of-way, IC 5-22, IC 36-1-9.5, and IC 36-1-12 apply. In case of an emergency being declared by the board, the board may purchase necessary materials under IC 5-22-10 without advertising for bids.
[Pre-Local Government Recodification Citation: 19-6-1-7.]
As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.130-1987, SEC.2; P.L.85-1991, SEC.1; P.L.49-1997, SEC.35; P.L.139-2011, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 2. Local Boards of Aviation Commissioners › 8-22-2-8. Sale of Aviation Land or Improvements; Ordinances

Sec. 8. (a) If the board wishes to sell part or the whole of the aviation land or improvements owned by the eligible entity, it may prepare an ordinance authorizing the sale and submit it to the fiscal body of the entity. If the fiscal body passes the ordinance, the land or improvements shall be sold as other lands or improvements of the entity are sold, and the proceeds of the sale shall be deposited in the aviation fund of the entity.
(b) If the board negotiates an agreement to sell trees situated in woods or forest areas owned by the board, the trees are considered to be personal property of the board for severance or sale.
[Pre-Local Government Recodification Citation: 19-6-1-9.]
As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.98-2001, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 2. Local Boards of Aviation Commissioners › 8-22-2-11. Recording Land or Rights Acquired

Sec. 11. Within sixty (60) days after land or rights in land are acquired or taken under this chapter, the board shall file and cause to be recorded in the recorder's office of the county in which the land is situated a description of the land sufficiently accurate for its identification and a statement of the purpose for which it is required or taken, signed by a majority of the board.
[Pre-Local Government Recodification Citation: 19-6-1-12.]
As added by Acts 1980, P.L.8, SEC.73.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 2. Local Boards of Aviation Commissioners › 8-22-2-12. Airport and Landing Field Operations Considered Public Necessity and Benefit; Tax Exemption of Leasehold Interests

Sec. 12. (a) The acquisition, establishment, construction, improvement, equipment, maintenance, control, and operation of municipal airports and landing fields for aircraft under this chapter is considered to be a governmental function of general public necessity and benefit and is for the use and general welfare of all the people of Indiana, including the people residing in the eligible entity.
(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.
[Pre-Local Government Recodification Citation: 19-6-1-13.]
As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.60-1988, SEC.20.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 2. Local Boards of Aviation Commissioners › 8-22-2-13. Sale of Minerals or Mineral Rights

Sec. 13. The board of an eligible entity may, upon resolution of the board, sell the minerals or mineral rights or royalties, or grant leases for the removal of a mineral in or under an airport or landing field owned by the entity. They shall be sold or leased in the same manner as land is sold or leased under this chapter, and the proceeds derived from these sources shall be deposited with the treasurer of the entity in the aviation fund of the entity and expended as provided by statute for the proceeds of the sale of aviation lands. However, no sale or lease for more than one (1) year may be made, except to the highest and best bidder, after notice of sale or lease has been given within the boundaries of the entity in accordance with IC 5-3-1, the last publication having been made at least one (1) week before the date of the sale or lease.
[Pre-Local Government Recodification Citation: 19-6-1-14.]
As added by Acts 1980, P.L.8, SEC.73. Amended by Acts 1980, P.L.78, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 2. Local Boards of Aviation Commissioners › 8-22-2-14. Joint Activities; Joint Board of Aviation Commissioners

Sec. 14. Eligible entities may jointly acquire, construct, develop, improve, equip, or extend airports or property to be used for aviation purposes and maintain, operate, manage, and control it and levy and collect taxes for this purpose. Two (2) or more entities may cooperate for this purpose by contributing to the total cost and sharing the benefits and bearing the obligations accruing from it on terms that they agree upon and evidence by contract. The joint activity is subject to the same provisions and requirements provided for such activity if carried on by any one (1) of the entities individually, except that the joint board of aviation commissioners may be composed of more than four (4) but not more than seven (7) members and the maximum allowance may be increased correspondingly. In case of failure of agreement between two (2) or more entities upon petition filed by one (1) or more of the entities involved, the aeronautics commission of Indiana, after investigation and hearing, shall determine and prescribe reasonable and equitable participation including representation on the joint governing board and shall prescribe other rules and regulations as necessary.
[Pre-Local Government Recodification Citation: 19-6-1-15.]
As added by Acts 1980, P.L.8, SEC.73.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 2. Local Boards of Aviation Commissioners › 8-22-2-15. Assistance to Other Entities

Sec. 15. Whenever the fiscal body of an eligible entity determines that the public interest and the interest of the entity will be served by assisting another entity to exercise the powers granted by this chapter, the former entity may furnish assistance by gift, or lease with or without rental, of real property, by the donation, lease with or without rental, or loan, of personal property, and by the appropriation of monies that may be provided for by taxation or the issuance of bonds in the same manner as funds might be provided for the same purposes if the entity were exercising the powers granted in its own behalf.
[Pre-Local Government Recodification Citation: 19-6-1-17.]
As added by Acts 1980, P.L.8, SEC.73.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 2. Local Boards of Aviation Commissioners › 8-22-2-16. Transfer of Funds to General Fund of Entity

Sec. 16. Whenever the board of an eligible entity accumulates funds that are derived from sources other than from the operation of the airport and that are not needed for the operation or maintenance of the airport, the board, upon a majority vote of its members, may without notice transfer all or part of the funds to the general fund of the entity if the funds were not derived from taxation. This section does not apply to funds derived from lands leased from the federal government.
[Pre-Local Government Recodification Citation: 19-6-1-18.]
As added by Acts 1980, P.L.8, SEC.73.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 2. Local Boards of Aviation Commissioners › 8-22-2-17. Federal, Public, or Private Grants

Sec. 17. (a) An eligible entity acting by and through its board under IC 8-21-8 may accept, receive, and receipt for federal monies and other monies, either public or private, for the acquisition, construction, enlargement, improvement, maintenance, equipment, or operation of airports and other air navigation facilities, and sites for them, and comply with federal law and rules and regulations made under them for the expenditure of federal monies on airports and other air navigation facilities.
(b) Subject to IC 8-21-8, the board has exclusive power on behalf of the entity 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 and to enter into agreements with state or federal agencies relative to the development of a municipal airport.
[Pre-Local Government Recodification Citation: 19-6-1-19.]
As added by Acts 1980, P.L.8, SEC.73.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 2. Local Boards of Aviation Commissioners › 8-22-2-18.5. Payment of Costs of Airport Capital Improvements; Loans; Requirements

Sec. 18.5. (a) The board may negotiate terms and borrow money from any source for the payment of the costs of airport capital improvements, including the acquisition of real property or construction or improvement of revenue producing buildings or facilities located on an airport and owned and operated by the eligible entity, subject to the following requirements:
(1) The loan contract must be approved by resolution of the board and the fiscal body of the eligible entity that established the board.
(2) The loan contract must provide for the repayment of the loan in not more than forty (40) years.
(3) The loan contract must state that the indebtedness is that of the board, is payable solely from revenues of the board that are derived from either airport operations or from revenue bonds, and may not be paid by a tax levied on property located within the district.
(b) A loan contract issued under this chapter is issued for essential public and governmental purposes. A loan contract, the interest on the contract, the proceeds received by a holder from the sale of a loan contract to the extent of the holder's cost of acquisition, proceeds received upon redemption before maturity, proceeds received at maturity, and the receipt of the interest and proceeds are exempt from taxation as provided in IC 6-8-5.
(c) After a board enters into a loan contract, the board may use funds received from state or federal grants to satisfy the repayment of part or all of the loan contract.
As added by P.L.77-1990, SEC.2. Amended by P.L.90-2002, SEC.327; P.L.61-2012, SEC.2; P.L.174-2022, SEC.49.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 2. Local Boards of Aviation Commissioners › 8-22-2-19. Validation of Acts

Sec. 19. All acts of an eligible entity in establishing an airport or landing field, and all other acts in connection with them, taken by the entity under a prior statute, including all bonds issued, authorized, or sold under that statute or any other statute, the proceeds of which have been either used or designed for purposes stated in this chapter, and all acts of officials relating to any of the matters stated, are ratified as if authorized by statute.
[Pre-Local Government Recodification Citation: 19-6-1-20.]
As added by Acts 1980, P.L.8, SEC.73.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 22. Airports › Chapter 2. Local Boards of Aviation Commissioners › 8-22-2-20. Violations; Exception; Offense

Sec. 20. A person who recklessly violates this chapter, except for section 18, commits a Class B misdemeanor.
[Pre-Local Government Recodification Citation: 19-6-1-21.]
As added by Acts 1980, P.L.8, SEC.73.