IC 1-1-3.5 Chapter 3.5. Political Subdivisions Classified by Population;Effective Date of Decennial Census
IC 1-1-3.5-1 Repealed (Repealed by P.L.1-1988, SEC.10.)
IC 1-1-3.5-1.5 "Corrected population count" Sec. 1.5. As used in this chapter, "corrected population count"means a certification of census population count for a politicalsubdivision that: (1) is issued by the Bureau of the Census after the tabulation ofpopulation of Indiana in the federal decennial census has beenreported to the governor by the United States Secretary ofCommerce under 13 U.S.C. 141(c); (2) is issued: (A) to correct an error in the enumeration of persons residingin the political subdivision on the date of the federaldecennial census or federal special census; or (B) to provide a population count for a municipalityincorporated following the most recent federal decennialcensus; and (3) supersedes any previous tabulation of population reportedfor the political subdivision in the federal decennial census orfederal special census. The term does not include a statistical adjustment made in thetabulation of population by the Bureau of the Census to compensatefor a predicted undercount or overcount in a federal decennial censusor federal special census. As added by P.L.1-1988, SEC.1.
IC 1-1-3.5-2 Definitions Sec. 2. (a) As used in this chapter, "federal decennial census"means a United States decennial census of population conductedunder 13 U.S.C. 141. (b) As used in this chapter, "political subdivision" has themeaning set forth in IC 36-1-2-13. The term does not includecongressional districts, state legislative districts, local office electiondistricts, or school board office election districts. As added by Acts 1981, P.L.1, SEC.1. Amended by P.L.1-1988,SEC.2.
IC 1-1-3.5-2.5 Special tabulation Sec. 2.5. As used in this chapter, "special tabulation" means acertification of the census population count for a politicalsubdivision that: (1) is issued by the Bureau of the Census: (A) at the request of a political subdivision; and (B) after the tabulation of population of Indiana in thefederal decennial census has been reported to the governorby the United States Secretary of Commerce under 13 U.S.C.141(c); and (2) indicates the census count population for the politicalsubdivision that would have been reported under subdivision(1) if individuals residing in territory: (A) not located within the political subdivision according tothe Boundary and Annexation Survey used as the basis forthe tabulation of population reported under subdivision (1);and (B) located within the political subdivision after thetabulation of population reported under subdivision (1); had been included in the tabulation of population of thepolitical subdivision reported to the governor by the UnitedStates Secretary of Commerce. As added by P.L.2-1990, SEC.1.
IC 1-1-3.5-3 Use of census data in Indiana statutes Sec. 3. (a) For purposes of the statutes described in section 5(c)of this chapter, a reference to population is a reference to populationas determined by the most recent of the following: (1) Federal decennial census. (2) Federal special census. (3) Special tabulation. (4) Corrected population count. (b) For purposes of statutes relating to drawing boundaries ofcounty executive districts, county fiscal body districts, municipallegislative body districts, or the districts of any other politicalsubdivision, a reference to population is a reference to population asdetermined by the most recent of the following: (1) Federal decennial census. (2) Federal special census. (3) Special tabulation. (4) Corrected population count. (c) For purposes of a noncode statute, a reference to population isthe population determined by the most recent federal decennialcensus in effect before the passage of the statute, unless thepopulation description in the statute is changed by subsequentlegislation. (d) For purposes of statutes not described in subsection (a), (b),or (c), a reference to population is the population determined by themost recent federal decennial census in effect, unless the statutespecifically provides otherwise. (e) This subsection applies to a political subdivision located inmore than one (1) county. If a political subdivision is described in astatute by reference to the county in which the political subdivision
is located, the reference is to the county that contains a majority ofthe population of the political subdivision. (f) The effective date of each: (1) federal decennial census; (2) federal special census; (3) special tabulation; or (4) corrected population count; is April 1 of the calendar year following the year in which thetabulation of population or corrected population count is deliveredto the state by the United States Secretary of Commerce under 13U.S.C. 141 and received by the governor. (g) Promptly upon receiving the tabulation of population orcorrected population count, the governor shall issue an executiveorder: (1) evidencing the date of receipt; and (2) noting that the effective date of the tabulation of populationor corrected population count for purposes of any statutedescribed in this section is April 1 of the following year. As added by Acts 1981, P.L.1, SEC.1. Amended by P.L.1-1988,SEC.3; P.L.2-1990, SEC.2; P.L.170-2002, SEC.1; P.L.66-2003,SEC.1.
IC 1-1-3.5-4 Repealed (Repealed by P.L.3-1987, SEC.570.)
IC 1-1-3.5-5 Notification of effective date of tabulation of population Sec. 5. (a) The governor shall forward a copy of the executiveorder issued under section 3 of this chapter to: (1) the director of the Indiana state library; (2) the election division; and (3) the Indiana Register. (b) The director of the Indiana state library, or an employee of theIndiana state library designated by the director to supervise a statedata center established under IC 4-23-7.1, shall notify each stateagency using population counts as a basis for the distribution offunds or services of the effective date of the tabulation of populationor corrected population count. (c) The agencies that the director of the Indiana state library mustnotify under subsection (b) include the following: (1) The auditor of state, for distribution of money from thefollowing: (A) The cigarette tax fund in accordance with IC 6-7-1-30.1. (B) Excise tax revenue allocated under IC 7.1-4-7-8. (C) The local road and street account in accordance withIC 8-14-2-4. (2) The board of trustees of Ivy Tech Community College forthe board's division of Indiana into service regions underIC 21-22-6-1. (3) The division of disability and rehabilitative services, forestablishing priorities for community residential facilities underIC 12-11-1.1 and IC 12-28-4-12. (4) The department of state revenue, for distribution of moneyfrom the motor vehicle highway account fund underIC 8-14-1-3. (5) The Indiana economic development corporation, for theevaluation of enterprise zone applications under IC 5-28-15. (6) The alcohol and tobacco commission, for the issuance ofpermits under IC 7.1. (7) The Indiana library and historical board, for distribution ofmoney to eligible public library districts under IC 4-23-7.1-29. (8) The state board of accounts, for calculating the state shareof salaries paid under IC 33-38-5, IC 33-39-6, and IC 33-41-2. As added by P.L.2-1990, SEC.3. Amended by P.L.2-1992, SEC.25;P.L.2-1993, SEC.30; P.L.4-1993, SEC.1; P.L.5-1993, SEC.1;P.L.5-1995, SEC.1; P.L.6-1995, SEC.1; P.L.3-1997, SEC.1;P.L.272-1999, SEC.1; P.L.204-2001, SEC.1; P.L.98-2004, SEC.24;P.L.4-2005, SEC.1; P.L.127-2005, SEC.1; P.L.141-2006, SEC.1;P.L.2-2007, SEC.1; P.L.1-2009, SEC.1.
IC 1-1-3.5-6 Repealed (Repealed by P.L.170-2002, SEC.178.)
IC 1-1-3.5 Chapter 3.5. Political Subdivisions Classified by Population;Effective Date of Decennial Census
IC 1-1-3.5-1 Repealed (Repealed by P.L.1-1988, SEC.10.)
IC 1-1-3.5-1.5 "Corrected population count" Sec. 1.5. As used in this chapter, "corrected population count"means a certification of census population count for a politicalsubdivision that: (1) is issued by the Bureau of the Census after the tabulation ofpopulation of Indiana in the federal decennial census has beenreported to the governor by the United States Secretary ofCommerce under 13 U.S.C. 141(c); (2) is issued: (A) to correct an error in the enumeration of persons residingin the political subdivision on the date of the federaldecennial census or federal special census; or (B) to provide a population count for a municipalityincorporated following the most recent federal decennialcensus; and (3) supersedes any previous tabulation of population reportedfor the political subdivision in the federal decennial census orfederal special census. The term does not include a statistical adjustment made in thetabulation of population by the Bureau of the Census to compensatefor a predicted undercount or overcount in a federal decennial censusor federal special census. As added by P.L.1-1988, SEC.1.
IC 1-1-3.5-2 Definitions Sec. 2. (a) As used in this chapter, "federal decennial census"means a United States decennial census of population conductedunder 13 U.S.C. 141. (b) As used in this chapter, "political subdivision" has themeaning set forth in IC 36-1-2-13. The term does not includecongressional districts, state legislative districts, local office electiondistricts, or school board office election districts. As added by Acts 1981, P.L.1, SEC.1. Amended by P.L.1-1988,SEC.2.
IC 1-1-3.5-2.5 Special tabulation Sec. 2.5. As used in this chapter, "special tabulation" means acertification of the census population count for a politicalsubdivision that: (1) is issued by the Bureau of the Census: (A) at the request of a political subdivision; and (B) after the tabulation of population of Indiana in thefederal decennial census has been reported to the governorby the United States Secretary of Commerce under 13 U.S.C.141(c); and (2) indicates the census count population for the politicalsubdivision that would have been reported under subdivision(1) if individuals residing in territory: (A) not located within the political subdivision according tothe Boundary and Annexation Survey used as the basis forthe tabulation of population reported under subdivision (1);and (B) located within the political subdivision after thetabulation of population reported under subdivision (1); had been included in the tabulation of population of thepolitical subdivision reported to the governor by the UnitedStates Secretary of Commerce. As added by P.L.2-1990, SEC.1.
IC 1-1-3.5-3 Use of census data in Indiana statutes Sec. 3. (a) For purposes of the statutes described in section 5(c)of this chapter, a reference to population is a reference to populationas determined by the most recent of the following: (1) Federal decennial census. (2) Federal special census. (3) Special tabulation. (4) Corrected population count. (b) For purposes of statutes relating to drawing boundaries ofcounty executive districts, county fiscal body districts, municipallegislative body districts, or the districts of any other politicalsubdivision, a reference to population is a reference to population asdetermined by the most recent of the following: (1) Federal decennial census. (2) Federal special census. (3) Special tabulation. (4) Corrected population count. (c) For purposes of a noncode statute, a reference to population isthe population determined by the most recent federal decennialcensus in effect before the passage of the statute, unless thepopulation description in the statute is changed by subsequentlegislation. (d) For purposes of statutes not described in subsection (a), (b),or (c), a reference to population is the population determined by themost recent federal decennial census in effect, unless the statutespecifically provides otherwise. (e) This subsection applies to a political subdivision located inmore than one (1) county. If a political subdivision is described in astatute by reference to the county in which the political subdivision
is located, the reference is to the county that contains a majority ofthe population of the political subdivision. (f) The effective date of each: (1) federal decennial census; (2) federal special census; (3) special tabulation; or (4) corrected population count; is April 1 of the calendar year following the year in which thetabulation of population or corrected population count is deliveredto the state by the United States Secretary of Commerce under 13U.S.C. 141 and received by the governor. (g) Promptly upon receiving the tabulation of population orcorrected population count, the governor shall issue an executiveorder: (1) evidencing the date of receipt; and (2) noting that the effective date of the tabulation of populationor corrected population count for purposes of any statutedescribed in this section is April 1 of the following year. As added by Acts 1981, P.L.1, SEC.1. Amended by P.L.1-1988,SEC.3; P.L.2-1990, SEC.2; P.L.170-2002, SEC.1; P.L.66-2003,SEC.1.
IC 1-1-3.5-4 Repealed (Repealed by P.L.3-1987, SEC.570.)
IC 1-1-3.5-5 Notification of effective date of tabulation of population Sec. 5. (a) The governor shall forward a copy of the executiveorder issued under section 3 of this chapter to: (1) the director of the Indiana state library; (2) the election division; and (3) the Indiana Register. (b) The director of the Indiana state library, or an employee of theIndiana state library designated by the director to supervise a statedata center established under IC 4-23-7.1, shall notify each stateagency using population counts as a basis for the distribution offunds or services of the effective date of the tabulation of populationor corrected population count. (c) The agencies that the director of the Indiana state library mustnotify under subsection (b) include the following: (1) The auditor of state, for distribution of money from thefollowing: (A) The cigarette tax fund in accordance with IC 6-7-1-30.1. (B) Excise tax revenue allocated under IC 7.1-4-7-8. (C) The local road and street account in accordance withIC 8-14-2-4. (2) The board of trustees of Ivy Tech Community College forthe board's division of Indiana into service regions underIC 21-22-6-1. (3) The division of disability and rehabilitative services, forestablishing priorities for community residential facilities underIC 12-11-1.1 and IC 12-28-4-12. (4) The department of state revenue, for distribution of moneyfrom the motor vehicle highway account fund underIC 8-14-1-3. (5) The Indiana economic development corporation, for theevaluation of enterprise zone applications under IC 5-28-15. (6) The alcohol and tobacco commission, for the issuance ofpermits under IC 7.1. (7) The Indiana library and historical board, for distribution ofmoney to eligible public library districts under IC 4-23-7.1-29. (8) The state board of accounts, for calculating the state shareof salaries paid under IC 33-38-5, IC 33-39-6, and IC 33-41-2. As added by P.L.2-1990, SEC.3. Amended by P.L.2-1992, SEC.25;P.L.2-1993, SEC.30; P.L.4-1993, SEC.1; P.L.5-1993, SEC.1;P.L.5-1995, SEC.1; P.L.6-1995, SEC.1; P.L.3-1997, SEC.1;P.L.272-1999, SEC.1; P.L.204-2001, SEC.1; P.L.98-2004, SEC.24;P.L.4-2005, SEC.1; P.L.127-2005, SEC.1; P.L.141-2006, SEC.1;P.L.2-2007, SEC.1; P.L.1-2009, SEC.1.
IC 1-1-3.5-6 Repealed (Repealed by P.L.170-2002, SEC.178.)
IC 1-1-3.5 Chapter 3.5. Political Subdivisions Classified by Population;Effective Date of Decennial Census
IC 1-1-3.5-1 Repealed (Repealed by P.L.1-1988, SEC.10.)
IC 1-1-3.5-1.5 "Corrected population count" Sec. 1.5. As used in this chapter, "corrected population count"means a certification of census population count for a politicalsubdivision that: (1) is issued by the Bureau of the Census after the tabulation ofpopulation of Indiana in the federal decennial census has beenreported to the governor by the United States Secretary ofCommerce under 13 U.S.C. 141(c); (2) is issued: (A) to correct an error in the enumeration of persons residingin the political subdivision on the date of the federaldecennial census or federal special census; or (B) to provide a population count for a municipalityincorporated following the most recent federal decennialcensus; and (3) supersedes any previous tabulation of population reportedfor the political subdivision in the federal decennial census orfederal special census. The term does not include a statistical adjustment made in thetabulation of population by the Bureau of the Census to compensatefor a predicted undercount or overcount in a federal decennial censusor federal special census. As added by P.L.1-1988, SEC.1.
IC 1-1-3.5-2 Definitions Sec. 2. (a) As used in this chapter, "federal decennial census"means a United States decennial census of population conductedunder 13 U.S.C. 141. (b) As used in this chapter, "political subdivision" has themeaning set forth in IC 36-1-2-13. The term does not includecongressional districts, state legislative districts, local office electiondistricts, or school board office election districts. As added by Acts 1981, P.L.1, SEC.1. Amended by P.L.1-1988,SEC.2.
IC 1-1-3.5-2.5 Special tabulation Sec. 2.5. As used in this chapter, "special tabulation" means acertification of the census population count for a politicalsubdivision that: (1) is issued by the Bureau of the Census: (A) at the request of a political subdivision; and (B) after the tabulation of population of Indiana in thefederal decennial census has been reported to the governorby the United States Secretary of Commerce under 13 U.S.C.141(c); and (2) indicates the census count population for the politicalsubdivision that would have been reported under subdivision(1) if individuals residing in territory: (A) not located within the political subdivision according tothe Boundary and Annexation Survey used as the basis forthe tabulation of population reported under subdivision (1);and (B) located within the political subdivision after thetabulation of population reported under subdivision (1); had been included in the tabulation of population of thepolitical subdivision reported to the governor by the UnitedStates Secretary of Commerce. As added by P.L.2-1990, SEC.1.
IC 1-1-3.5-3 Use of census data in Indiana statutes Sec. 3. (a) For purposes of the statutes described in section 5(c)of this chapter, a reference to population is a reference to populationas determined by the most recent of the following: (1) Federal decennial census. (2) Federal special census. (3) Special tabulation. (4) Corrected population count. (b) For purposes of statutes relating to drawing boundaries ofcounty executive districts, county fiscal body districts, municipallegislative body districts, or the districts of any other politicalsubdivision, a reference to population is a reference to population asdetermined by the most recent of the following: (1) Federal decennial census. (2) Federal special census. (3) Special tabulation. (4) Corrected population count. (c) For purposes of a noncode statute, a reference to population isthe population determined by the most recent federal decennialcensus in effect before the passage of the statute, unless thepopulation description in the statute is changed by subsequentlegislation. (d) For purposes of statutes not described in subsection (a), (b),or (c), a reference to population is the population determined by themost recent federal decennial census in effect, unless the statutespecifically provides otherwise. (e) This subsection applies to a political subdivision located inmore than one (1) county. If a political subdivision is described in astatute by reference to the county in which the political subdivision
is located, the reference is to the county that contains a majority ofthe population of the political subdivision. (f) The effective date of each: (1) federal decennial census; (2) federal special census; (3) special tabulation; or (4) corrected population count; is April 1 of the calendar year following the year in which thetabulation of population or corrected population count is deliveredto the state by the United States Secretary of Commerce under 13U.S.C. 141 and received by the governor. (g) Promptly upon receiving the tabulation of population orcorrected population count, the governor shall issue an executiveorder: (1) evidencing the date of receipt; and (2) noting that the effective date of the tabulation of populationor corrected population count for purposes of any statutedescribed in this section is April 1 of the following year. As added by Acts 1981, P.L.1, SEC.1. Amended by P.L.1-1988,SEC.3; P.L.2-1990, SEC.2; P.L.170-2002, SEC.1; P.L.66-2003,SEC.1.
IC 1-1-3.5-4 Repealed (Repealed by P.L.3-1987, SEC.570.)
IC 1-1-3.5-5 Notification of effective date of tabulation of population Sec. 5. (a) The governor shall forward a copy of the executiveorder issued under section 3 of this chapter to: (1) the director of the Indiana state library; (2) the election division; and (3) the Indiana Register. (b) The director of the Indiana state library, or an employee of theIndiana state library designated by the director to supervise a statedata center established under IC 4-23-7.1, shall notify each stateagency using population counts as a basis for the distribution offunds or services of the effective date of the tabulation of populationor corrected population count. (c) The agencies that the director of the Indiana state library mustnotify under subsection (b) include the following: (1) The auditor of state, for distribution of money from thefollowing: (A) The cigarette tax fund in accordance with IC 6-7-1-30.1. (B) Excise tax revenue allocated under IC 7.1-4-7-8. (C) The local road and street account in accordance withIC 8-14-2-4. (2) The board of trustees of Ivy Tech Community College forthe board's division of Indiana into service regions underIC 21-22-6-1. (3) The division of disability and rehabilitative services, forestablishing priorities for community residential facilities underIC 12-11-1.1 and IC 12-28-4-12. (4) The department of state revenue, for distribution of moneyfrom the motor vehicle highway account fund underIC 8-14-1-3. (5) The Indiana economic development corporation, for theevaluation of enterprise zone applications under IC 5-28-15. (6) The alcohol and tobacco commission, for the issuance ofpermits under IC 7.1. (7) The Indiana library and historical board, for distribution ofmoney to eligible public library districts under IC 4-23-7.1-29. (8) The state board of accounts, for calculating the state shareof salaries paid under IC 33-38-5, IC 33-39-6, and IC 33-41-2. As added by P.L.2-1990, SEC.3. Amended by P.L.2-1992, SEC.25;P.L.2-1993, SEC.30; P.L.4-1993, SEC.1; P.L.5-1993, SEC.1;P.L.5-1995, SEC.1; P.L.6-1995, SEC.1; P.L.3-1997, SEC.1;P.L.272-1999, SEC.1; P.L.204-2001, SEC.1; P.L.98-2004, SEC.24;P.L.4-2005, SEC.1; P.L.127-2005, SEC.1; P.L.141-2006, SEC.1;P.L.2-2007, SEC.1; P.L.1-2009, SEC.1.
IC 1-1-3.5-6 Repealed (Repealed by P.L.170-2002, SEC.178.)
