§ 8-22-2-1 — Department of aviation

(a) Whenever the fiscal body of an eligible
entity adopts an ordinance or a resolution in favor of the acquisition,
improvement, operation, or maintenance of an airport or landing field
for the entity under this chapter, and declaring a necessity for the
airport or landing field, then on the effective date of the ordinance or
resolution, there is established as an executive department of the entity
a department of aviation, under the control of a board to be known as
the board of aviation commissioners.
(b) The following apply to a board of aviation commissioners
established under this chapter:
(1) Except as provided in subsections (e), (f), and (g), the board
consists of four (4) members.
(2) Except as provided in subsection (e), the executive of the
entity shall appoint the members of the board.
(3) Except as provided in subsections (f), (g), and (h), not more
than two (2) of the members of the board may be of the same
political party.
(c) The fiscal body of the entity may provide a per diem for the
members of the board in any amount not exceeding thirty-five dollars
($35) for each whole or part day a member is engaged in board
activities. The members of the board shall also be paid their actual
expenses, which may include the expenses of the members or
employees of the board in attending meetings or conventions held to
discuss aviation matters.
(d) Before beginning the duties of office, each board member shall
take and subscribe the usual oath of office, to be endorsed upon the
certificate of appointment, and shall cause that to be filed with the clerk
or other officer performing duties similar to that of clerk in the entity.
Any person who does not file the oath with the clerk or other officer
performing duties similar to that of the clerk within thirty (30) days
after the beginning of the term for which the person has been
appointed, or at the date of the person's appointment, if appointed after
the beginning of the term, is considered to have refused to serve and
the office becomes vacant.
(e) Notwithstanding subsection (b), if a county having a population
of more than two hundred fifty thousand (250,000) and less than three
hundred thousand (300,000) has established a board, the county
council and the mayors of the two (2) cities in the county having the
largest populations may each appoint one (1) additional member to the
board, thereby creating a board consisting of a total of seven (7)
members. The three (3) additional members serve in the same manner,
are accorded the same status, and perform the same duties as the four
(4) initial board members, and serve terms of four (4) years. If either
the county council or either of the two (2) mayors fails to make
appointments to the board, that fact does not prejudice appointments
that may be made by the other appointing authority or authorities.
(f) This subsection applies to the following:
(1) A county having a population of more than one hundred
twenty thousand (120,000) and less than one hundred thirty
thousand (130,000).
(2) A county having a population of more than thirty-six thousand
seven hundred (36,700) and less than thirty-seven thousand
(37,000).
Notwithstanding subsection (b), if a county has established a board
under this chapter, the county executive may add one (1) additional
member to the board so that the board has a total of five (5) members.
Not more than three (3) of the five (5) members of the board may be of
the same political party. The one (1) additional member shall serve in
the same manner, be accorded the same status, and perform the same
duties as the four (4) initial members, and serve a four (4) year term.
(g) This subsection does not apply to a board subject to subsection
(e) or (f). Notwithstanding subsection (b), the fiscal body of an eligible
entity may adopt an ordinance or a resolution providing that the board
consists of five (5) members. If the board consists of five (5) members,
not more than three (3) members may be of the same political party.
(h) The requirements in this section that not more than a certain
number of members of a board of aviation commissioners may be of
the same political party do not apply to:
(1) an eligible entity with a population of less than thirty-eight
thousand (38,000); and
(2) a county having a population of more than three hundred
thousand (300,000) and less than three hundred fifty thousand
(350,000).
[Pre-Local Government Recodification Citation:
19-6-1-2.]
As added by Acts 1980, P.L.8, SEC.73. Amended by Acts 1981,
P.L.113, SEC.1; P.L.12-1992, SEC.66; P.L.58-1994, SEC.1;
P.L.115-1995, SEC.2; P.L.116-1995, SEC.2; P.L.170-2002, SEC.68;
P.L.134-2005, SEC.1; P.L.119-2012, SEC.97; P.L.104-2022, SEC.70;
P.L.18-2025, SEC.1; P.L.238-2025, SEC.12.