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

IC 36-1-3.5-1
Policy; purpose
    Sec. 1. The policy of the state is that in all cases where a generallaw can be made applicable, all laws should be general and ofuniform operation throughout the state, as provided by Article 4,Section 23 of the Constitution of Indiana. In addition, the policy ofthe state is that in local affairs where a general law cannot be madeapplicable, the applicable laws should be determined by the locallegislative authorities under the home rule provisions of this title,particularly IC 36-1-3-6. Therefore, the purpose of this chapter is totransfer to the appropriate local authorities jurisdiction over certainlocal matters that, before the 1981 regular session of the generalassembly, have been subjects of statutory concern.
As added by Acts 1981, P.L.17, SEC.4.

IC 36-1-3.5-2
Consolidated city and county; transfer to legislative body
    Sec. 2. (a) This section applies to each consolidated city and itscounty.
    (b) Jurisdiction over the following local matters, which before the1982 regular session of the general assembly have been subjects ofstatutory concern, is transferred to the legislative body of theconsolidated city and county:
        (1) Powers, duties, functions, and obligations of department ofadministration (formerly governed by IC 18-4-7 andIC 18-4-18).
        (2) Certain powers, duties, functions, and obligations ofdepartment of metropolitan development (formerly governed byIC 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 ofdepartment of public safety (formerly governed by IC 18-4-12-1through 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, andIC 19-1-6).
        (4) Certain powers, duties, functions, and obligations ofdepartment of public works (formerly governed byIC 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, andIC 19-5-10).
        (5) Territory of solid waste special service district (formerlygoverned by IC 19-2-14.5-5 and IC 19-2-14.5-6).        (6) Certain powers, duties, functions, and obligations of Indianadepartment 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, andIC 19-5-10).
        (7) Street vacation procedures (formerly governed byIC 19-5-20).
        (8) Certain powers, duties, functions, and obligations ofdepartment of parks and recreation (formerly governed byIC 18-4-13).
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 36-1-3.5-3
Transfer to legislative bodies of certain cities
    Sec. 3. (a) This section applies to cities in a county having apopulation of:
        (1) more than four hundred thousand (400,000) but less thanseven hundred thousand (700,000); or
        (2) more than two hundred thousand (200,000) but less thanthree hundred thousand (300,000).
    (b) Jurisdiction over the following local matters, which before the1981 regular session of the general assembly have been subjects ofstatutory concern, is transferred to the legislative body of each cityhaving a population of more than one hundred thousand (100,000)located in a county having a population of more than four hundredthousand (400,000) but less than seven hundred thousand (700,000):
        (1) Board of tenant concerns (formerly governed byIC 18-7-11.5).
        (2) Regulation of sewers and drains (formerly governed byIC 19-2-11).
        (3) Department of waterworks (formerly governed byIC 19-3-27).
        (4) Benefits for certain municipal utility employees (formerlygoverned by IC 19-3-29).
    (c) Jurisdiction over the following local matters, which before the1981 regular session of the general assembly have been subjects ofstatutory concern, is transferred to the legislative body of each cityhaving a population of more than thirty-five thousand (35,000) butless than one hundred fifteen thousand (115,000):
        (1) Regulation of sewers and drains (formerly governed byIC 19-2-11).
        (2) Department of waterworks (formerly governed byIC 19-3-27).
        (3) Benefits for certain municipal utility employees (formerlygoverned by IC 19-3-29).
As added by Acts 1981, P.L.17, SEC.4. Amended by P.L.12-1992,SEC.142; P.L.170-2002, SEC.133.

IC 36-1-3.5-4
Cities in certain counties; transfer to legislative bodies of certain

cities
    Sec. 4. (a) This section applies to cities in a county having neither:
        (1) a consolidated city; nor
        (2) a population of:
            (A) more than four hundred thousand (400,000) but less thanseven hundred thousand (700,000); or
            (B) more than two hundred thousand (200,000) but less thanthree hundred thousand (300,000).
    (b) Jurisdiction over the following local matters, which before the1981 regular session of the general assembly have been subjects ofstatutory concern, is transferred to the legislative body of each cityhaving a population of more than fifty thousand (50,000):
        (1) Regulation of sewers and drains (formerly governed byIC 19-2-11).
        (2) Benefits for certain municipal utility employees (formerlygoverned by IC 19-3-29).
    (c) Jurisdiction over the following local matter, which before the1981 regular session of the general assembly has been the subject ofstatutory concern, is transferred to the legislative body of each cityhaving a population of more than thirty-five thousand (35,000), butless than fifty thousand (50,000):
        Regulation of sewers and drains (formerly governed byIC 19-2-11).
As added by Acts 1981, P.L.17, SEC.4. Amended by P.L.12-1992,SEC.143.

IC 36-1-3.5-5
Counties of more than 400,000 but less than 700,000; transfer tolegislative body of county
    Sec. 5. (a) This section applies to each county having a populationof more than four hundred thousand (400,000) but less than sevenhundred thousand (700,000).
    (b) Jurisdiction over the following local matters, which before the1981 regular session of the general assembly have been subjects ofstatutory concern, is transferred to the legislative body of the county:
        (1) Frequency of salary payments (formerly governed byIC 17-3-73-2).
        (2) Mileage allowances for deputy county auditors (formerlygoverned by IC 17-3-29-1).
        (3) County purchasing agency (formerly governed byIC 17-2-77).
        (4) County data processing agency (formerly governed byIC 17-2-74).
As added by Acts 1981, P.L.17, SEC.4. Amended by P.L.12-1992,SEC.144.

IC 36-1-3.5-6
Counties of more than 300,000 but less than 400,000; transfer tocounty executive
    Sec. 6. (a) This section applies to a county having a population of

more than three hundred thousand (300,000) but less than fourhundred thousand (400,000).
    (b) Jurisdiction over the following local matters, which before the1982 regular session of the general assembly have been subjects ofstatutory concern, is transferred to the executive of the county:
        (1) Motor vehicles for the county surveyor (formerly governedby IC 17-3-69-1).
        (2) County purchasing agency (formerly governed byIC 17-2-77).
        (3) County data processing agency (formerly governed byIC 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).
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.

IC 36-1-3.5-7
Counties of more than 200,000 but less than 300,000; transfer tolegislative body of county
    Sec. 7. (a) This section applies to a county having a population ofmore than two hundred thousand (200,000) but less than threehundred thousand (300,000).
    (b) Jurisdiction over the following local matters, which before the1981 regular session of the general assembly have been subjects ofstatutory concern, is transferred to the legislative body of the county:
        (1) County purchasing agency (formerly governed byIC 17-2-77).
        (2) County data processing agency (formerly governed byIC 17-2-74).
As added by Acts 1981, P.L.17, SEC.4. Amended by P.L.12-1992,SEC.146.

IC 36-1-3.5-8
Transfer to county executive of certain counties
    Sec. 8. (a) This section applies to a county having a population ofmore than one hundred seventy thousand (170,000) but less than onehundred eighty thousand (180,000).
    (b) Jurisdiction over the following local matters, which before the1981 regular session of the general assembly have been subjects ofstatutory concern, is transferred to the executive of the county:
        (1) County purchasing agency (formerly governed byIC 17-2-77).
        (2) County data processing agency (formerly governed byIC 17-2-74).
        (3) Control of county parks (formerly governed by IC 17-2-76).
As added by Acts 1981, P.L.17, SEC.4. Amended by P.L.12-1992,SEC.147; P.L.170-2002, SEC.134.

IC 36-1-3.5-9 Transfer to county executive of certain counties
    Sec. 9. (a) This section applies to a county having a population of:
        (1) more than one hundred eighty-two thousand seven hundredninety (182,790) but less than two hundred thousand (200,000);
        (2) more than one hundred thirty thousand (130,000) but lessthan one hundred forty-five thousand (145,000);
        (3) more than one hundred forty-eight thousand (148,000) butless than one hundred seventy thousand (170,000);
        (4) more than one hundred eighteen thousand (118,000) but lessthan one hundred twenty thousand (120,000);
        (5) more than one hundred ten thousand (110,000) but less thanone hundred fifteen thousand (115,000); or
        (6) more than one hundred five thousand (105,000) but less thanone hundred ten thousand (110,000).
    (b) Jurisdiction over the following local matters, which before the1981 regular session of the general assembly have been subjects ofstatutory concern, is transferred to the executive of the county:
        (1) County purchasing agency (formerly governed byIC 17-2-77).
        (2) County data processing agency (formerly governed byIC 17-2-74).
As added by Acts 1981, P.L.17, SEC.4. Amended by P.L.12-1992,SEC.148; P.L.170-2002, SEC.135.

IC 36-1-3.5-10
Transfer to county executive of certain counties
    Sec. 10. (a) This section applies to a county having a populationof more than one hundred forty-five thousand (145,000) but less thanone hundred forty-eight thousand (148,000).
    (b) Jurisdiction over the following local matter, which before the1981 regular session of the general assembly has been the subject ofstatutory concern, is transferred to the executive of the county:
        County purchasing agency (formerly governed by IC 17-2-77).
As added by Acts 1981, P.L.17, SEC.4. Amended by P.L.12-1992,SEC.149; P.L.170-2002, SEC.136.

IC 36-1-3.5-11
Counties having one second class city and populations not morethan 105,000; transfer to county executive
    Sec. 11. (a) This section applies to each county having apopulation 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 the1981 regular session of the general assembly has been the subject ofstatutory concern, is transferred to the executive of the county:County data processing agency (formerly governed by IC 17-2-74).
As added by Acts 1981, P.L.17, SEC.4.