Ind. Code ch. 36-1-3.5

Ind. Code ch. 36-1-3.5
in effect

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 36-1-3.5-3 Transfer to legislative bodies of cities in Lake County and St. Joseph County

Sec. 3. (a) This section applies to cities in the following counties: (1) Lake County. (2) St. Joseph County. (b) Jurisdiction over the following local matters, which before the 1981 regular session of the general assembly have been subjects of statutory concern, is transferred to the legislative body of the city of Gary: (1) Board of tenant concerns (formerly governed by IC 18-7-11.5). (2) Regulation of sewers and drains (formerly governed by IC 19-2-11). (3) Department of waterworks (formerly governed by IC 19-3-27). (4) Benefits for certain municipal utility employees (formerly governed by IC 19-3-29). (c) Jurisdiction over the following local matters, which before the 1981 regular session of the general assembly have been subjects of statutory concern, is transferred to the legislative body of the city of Gary, the city of Hammond, the city of South Bend, and the city of Mishawaka: (1) Regulation of sewers and drains (formerly governed by IC 19-2-11). (2) Department of waterworks (formerly governed by IC 19-3-27). (3) Benefits for certain municipal utility employees (formerly governed by IC 19-3-29). [Local Government Recodification Citation: New.] As added by Acts 1981, P.L.17, SEC.4. Amended by P.L.12-1992, SEC.142; P.L.170-2002, SEC.133; P.L.119-2012, SEC.169.

Ind. Code § 36-1-3.5-4 Transfer to legislative bodies of cities in counties other than Marion County, Lake County, or St. Joseph County

Sec. 4. (a) This section applies to cities in counties other than the following counties: (1) A county having a consolidated city. (2) Lake County. (3) St. Joseph County. (b) Jurisdiction over the following local matters, which before the 1981 regular session of the general assembly have been subjects of statutory concern, is transferred to the legislative body of each city having a population of more than fifty thousand (50,000): (1) Regulation of sewers and drains (formerly governed by IC 19-2-11). (2) Benefits for certain municipal utility employees (formerly governed by IC 19-3-29). (c) Jurisdiction over the following local matter, which before the 1981 regular session of the general assembly has been the subject of statutory concern, is transferred to the legislative body of each city having a population of more than thirty-five thousand (35,000) and less than fifty thousand (50,000): Regulation of sewers and drains (formerly governed by IC 19-2-11). [Local Government Recodification Citation: New.] As added by Acts 1981, P.L.17, SEC.4. Amended by P.L.12-1992, SEC.143; P.L.119-2012, SEC.170; P.L.11-2023, SEC.114.

Ind. Code § 36-1-3.5-5 Transfer to legislative body of Lake County

Sec. 5. (a) This section applies to Lake County. (b) Jurisdiction over the following local matters, which before the 1981 regular session of the general assembly have been subjects of statutory concern, is transferred to the legislative body of the county: (1) Frequency of salary payments (formerly governed by IC 17-3-73-2). (2) Mileage allowances for deputy county auditors (formerly governed by IC 17-3-29-1). [Local Government Recodification Citation: New.] As added by Acts 1981, P.L.17, SEC.4. Amended by P.L.12-1992, SEC.144; P.L.119-2012, SEC.171; P.L.24-2023, SEC.1.

Ind. Code § 36-1-3.5-6 Transfer to county executive of Allen County

Sec. 6. (a) This section applies to Allen 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 executive of the county: (1) Motor vehicles for the county surveyor (formerly governed by IC 17-3-69-1). (2) County purchasing agency (formerly governed by IC 17-2-77). (3) County data processing agency (formerly governed by IC 17-2-73 or IC 17-2-74). (4) Natural beauty roads (formerly governed by IC 19-7-17.5). (5) Building and minimum housing department of the county (formerly governed by IC 17-2-72.3). [Local Government Recodification Citation: New.] As added by Acts 1981, P.L.17, SEC.4. Amended by Acts 1982, P.L.127, SEC.8; P.L.12-1992, SEC.145; P.L.119-2012, SEC.172.

Ind. Code § 36-1-3.5-7 Transfer to legislative body of St. Joseph County

Sec. 7. (a) This section applies to St. Joseph County. (b) The legislative body of the county has jurisdiction over the county data processing agency (formerly governed by IC 17-2-74). [Local Government Recodification Citation: New.] As added by Acts 1981, P.L.17, SEC.4. Amended by P.L.12-1992, SEC.146; P.L.119-2012, SEC.173; P.L.24-2023, SEC.2.

Ind. Code § 36-1-3.5-8 Transfer to county executive of Vanderburgh County

Sec. 8. (a) This section applies to Vanderburgh County. (b) Jurisdiction over the following local matters, which before the 1981 regular session of the general assembly have been subjects of statutory concern, is transferred to the executive of the county: (1) County purchasing agency (formerly governed by IC 17-2-77). (2) County data processing agency (formerly governed by IC 17-2-74). (3) Control of county parks (formerly governed by IC 17-2-76). [Local Government Recodification Citation: New.] As added by Acts 1981, P.L.17, SEC.4. Amended by P.L.12-1992, SEC.147; P.L.170-2002, SEC.134; P.L.119-2012, SEC.174.

Ind. Code § 36-1-3.5-9 Transfer to county executive of certain counties

Sec. 9. (a) This section applies to the following counties: (1) Elkhart County. (2) Madison County. (3) Tippecanoe County. (4) Delaware County. (5) LaPorte County. (6) Vigo County. (b) Jurisdiction over the following local matters, which before the 1981 regular session of the general assembly have been subjects of statutory concern, is transferred to the executive of the county: (1) County purchasing agency (formerly governed by IC 17-2-77). (2) County data processing agency (formerly governed by IC 17-2-74). [Local Government Recodification Citation: New.] As added by Acts 1981, P.L.17, SEC.4. Amended by P.L.12-1992, SEC.148; P.L.170-2002, SEC.135; P.L.119-2012, SEC.175.

Ind. Code § 36-1-3.5-10 Transfer to county executive of Porter County

Sec. 10. (a) This section applies to Porter County. (b) Jurisdiction over the following local matter, which before the 1981 regular session of the general assembly has been the subject of statutory concern, is transferred to the executive of the county: County purchasing agency (formerly governed by IC 17-2-77). [Local Government Recodification Citation: New.] As added by Acts 1981, P.L.17, SEC.4. Amended by P.L.12-1992, SEC.149; P.L.170-2002, SEC.136; P.L.119-2012, SEC.176.

Ind. Code § 36-1-3.5-11 Counties having one second class city and populations not more than 105,000; transfer to county executive

Sec. 11. (a) This section applies to each county having a population of not more than one hundred five thousand (105,000) and only one (1) second class city. (b) Jurisdiction over the following local matter, which before the 1981 regular session of the general assembly has been the subject of statutory concern, is transferred to the executive of the county: County data processing agency (formerly governed by IC 17-2-74). [Local Government Recodification Citation: New.] As added by Acts 1981, P.L.17, SEC.4.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/36Fetched: 10/17/2026