§ 8-21-1-8 — Powers and duties

Indiana § 8-21-1-8

• Jurisdiction: Indiana
• Art. 21: AERONAUTICS
• Ch. 1: Department of Transportation; Aviation Law

Text

(a) The department shall encourage, foster, and
assist in the development of aeronautics in this state and shall
encourage the establishment of airports, landing fields, and other
navigation facilities.
(b) The department shall cooperate with and assist the federal
government, the political subdivisions of this state, and others engaged
in aeronautics or the advancement of aeronautics and shall seek to
coordinate the aeronautical activities of these bodies.
(c) All rules prescribed by the department concerning aeronautics
shall be kept in conformity with, and limited to as nearly as may be, the
then current federal legislation governing aeronautics and the
regulations duly promulgated thereunder.
(d) The department shall develop and continuously update a
proposed state airports system plan which will best serve the interests
of the state and its political subdivisions. Such state airports system
plan shall be coordinated with the national airport plan prepared by the
federal agency fostering civil aviation.
(e) The department may publish and revise from time to time a state
airways system plan, and maps, directories, or other materials deemed
necessary may be sold by the department at a price which shall be fixed
by the department. All money accruing from the sale of any such
publication:
(1) shall be paid into the state treasury;
(2) shall be credited to the department; and
(3) is hereby appropriated to such department to be used for
future publications by the department, without reversion to the
general fund of the state at the end of any fiscal year. However,
any time the balance in said fund exceeds ten thousand dollars
($10,000), such excess shall revert to the general fund of the state.
(f) The department may offer the engineering or other technical
advice of the department, without charge, to any municipality or person
desiring them in connection with the construction, maintenance, or
operation or proposed construction, maintenance, or operation of an
airport or landing field.
(g) The department may recommend necessary legislation to
advance the interests of the state in aeronautics and represent the state
in aeronautical matters before federal agencies and other state agencies.
(h) The department shall have the power to approve or disapprove
all purchases made by any municipality of any land to be used by said
municipality for the establishment of any airport or landing field, and
the establishment by any municipality of any airport or landing field.
(i) The department may participate as party plaintiff or defendant,
or as intervener on behalf of the state or any municipality or citizen
thereof in any controversy having to do with any claimed encroachment
by the federal government or any foreign state upon any state or
individual rights pertaining to aeronautics.
(j) Municipalities are authorized to cooperate with the department
in the development of aeronautics and aeronautical facilities and
services of other agencies of the state to the utmost extent possible, and
such agencies are authorized and directed to make available such
facilities and services.
(k) The department, or any employee designated by it, shall have the
power to hold investigations, and hearings concerning matters covered
by this chapter and orders and rules of the department, in accordance
with IC 4-21.5. All hearings so conducted shall be open to the public.
The reports of investigations or hearings, or any part of the
investigations or hearings, shall not be admitted in evidence or used for
any purpose in any suit, action, or proceeding, growing out of any
matter referred to in the investigation, hearing, or report of the
investigation or hearing, except in case of criminal or other
proceedings instituted in behalf of the department or this state under
the provisions of this chapter and other laws of this state.
(l) The department may render advice in the acquisition,
development, operation, or maintenance of airports owned, controlled,
or operated, or to be owned, controlled, or operated, by municipalities
in this state.
(m) The department may not grant any exclusive right for the use of
any airway, airport, landing field, or other air navigation facility under
its jurisdiction. This subsection shall not prevent the making of leases
in accordance with other provisions of this chapter.
(n) Gifts or grants of money for aeronautical purposes may be
received by the state and shall be deposited in an aviation fund.
Disbursal of such funds shall be for aeronautical purposes only or for
the purpose for which they were given or granted. Gifts or grants of
property for aeronautical purposes may be received by the state and
shall be used for the purpose given or granted. Gifts or grants of money
or property for aeronautical purposes must be administered in the same
manner as other gifts and grants received by the state are administered.
(o) The department may adopt rules under IC 4-22-2 for the control
of aircraft accident sites in Indiana. Until representatives of appropriate
federal agencies arrive on the site of an aircraft accident, state and local
law enforcement agencies and accident investigation agencies shall
comply with any rules adopted by the department under this section.
(p) The department may, with written approval of the budget
agency, purchase and operate aircraft forfeited under IC 34-24-1 (or IC 34-4-30.1 before its repeal). When the department acquires an aircraft,
it shall pay all proper expenses of the proceedings for forfeiture and
sale, including expenses of seizure, maintenance of custody, and
advertising and court costs.
Formerly: Acts 1945, c.360, s.8; Acts 1951, c.300, s.1; Acts
1975, P.L.93, SEC.8. As amended by Acts 1979, P.L.98, SEC.1; Acts
1979, P.L.99, SEC.1; Acts 1980, P.L.74, SEC.310; Acts 1981, P.L.11,
SEC.67; Acts 1982, P.L.62, SEC.12; P.L.7-1987, SEC.13; P.L.18-1990,
SEC.155; P.L.1-1998, SEC.90; P.L.2-2014, SEC.34; P.L.136-2018,
SEC.99.