Indiana § 36-1-3-15.6 - Exemptions to a county residency requirement

§ 36-1-3-15.6. Exemptions to a county residency requirement

Sec. 15.6. (a) The following may not be subject to a county residency requirement:

(1) A public defender.

(2) An individual employed by a public defender office or agency.

(3) Court personnel.

(4) A deputy prosecuting attorney.

(5) An employee of a prosecuting attorney's office.

(6) An emergency medical services provider (as defined in IC 16-41-10-1).

(7) An employee of an agency or department that employs an emergency medical services provider.

(b) This section does not apply to a chief public defender.

As added by P.L.158-2026, SEC.48.

IC 36-1-3.5Chapter 3.5. Transfer of Jurisdiction From General Assembly to Local Legislative Authorities

36-1-3.5-1Policy; purpose 36-1-3.5-2Consolidated city and county; transfer to legislative body 36-1-3.5-3Transfer to legislative bodies of cities in Lake County and St. Joseph County 36-1-3.5-4Transfer to legislative bodies of cities in counties other than Marion County, Lake County, or St. Joseph County 36-1-3.5-5Transfer to legislative body of Lake County 36-1-3.5-6Transfer to county executive of Allen County 36-1-3.5-7Transfer to legislative body of St. Joseph County 36-1-3.5-8Transfer to county executive of Vanderburgh County 36-1-3.5-9Transfer to county executive of certain counties 36-1-3.5-10Transfer to county executive of Porter County 36-1-3.5-11Counties having one second class city and populations not more than 105,000; transfer to county executive

IC 36-1-3.5-1Policy; 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.

IC 36-1-3.5-2Consolidated 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.

IC 36-1-3.5-3Transfer 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.

IC 36-1-3.5-4Transfer 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.

IC 36-1-3.5-5Transfer 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.

IC 36-1-3.5-6Transfer 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.

IC 36-1-3.5-7Transfer 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.

IC 36-1-3.5-8Transfer 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.

IC 36-1-3.5-9Transfer 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.

IC 36-1-3.5-10Transfer 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.

IC 36-1-3.5-11Counties 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.

IC 36-1-4Chapter 4. General Corporate Powers

36-1-4-1Application of chapter 36-1-4-2Establishment and operation 36-1-4-3Power to sue and be sued 36-1-4-4Corporate seal 36-1-4-5Acquisition of real and personal property 36-1-4-6Interests in property; use, improvement, lease, or disposal 36-1-4-7Contracts 36-1-4-7.5Environmentally contaminated real estate; agreement to defend or indemnify 36-1-4-8Payment of debts 36-1-4-9Borrowing of money; requirements 36-1-4-10Acceptance of donations 36-1-4-11Ordinances 36-1-4-12Attendance of witnesses and production of documents at meetings 36-1-4-13Contempt and disorder in rooms of department 36-1-4-14Employees; employment and discharge; class based on merit and qualification 36-1-4-15Compensation of officers and employees 36-1-4-16Ratification of actions of officers or employees; procedure 36-1-4-17Compromise of claims against unit; collecting owed money 36-1-4-18Repealed 36-1-4-19Applicability of parking ordinances, zoning ordinances, and other requirements in Vanderburgh County 36-1-4-20Expenditures in support of military facilities 36-1-4-21Placement or display of political materials on political subdivision property 36-1-4-22"License bond"; conditions for sufficiency; filing copy with political subdivision 36-1-4-22.1License bond