CHAPTER 1. POWERS AND DUTIES OF DEPARTMENT
IC 14-19
ARTICLE 19. STATE PARKS AND RECREATION
AREAS
IC 14-19-1
Chapter 1. Powers and Duties of Department
IC 14-19-1-0.5
"Motorized cart"
Sec. 0.5. (a) "Motorized cart" means a conveyance that is:
(1) motor driven, either by gas or electricity;
(2) used to carry passengers or equipment; and
(3) smaller than the types of motor vehicles required to be
registered by the bureau of motor vehicles such as a:
(A) passenger motor vehicle (as defined in IC 9-13-2-123);
(B) recreational vehicle (as defined in IC 9-13-2-150); or
(C) truck (as defined in IC 9-13-2-188).
A motorized cart may be characterized as a golf cart, utility cart, or
similar form of motor vehicle.
(b) The term does not include:
(1) an electric personal assistive mobility device (as defined in
IC 9-13-2-49.3);
(2) a motorcycle (as defined in IC 9-13-2-108);
(3) a motor scooter (as defined in IC 9-13-2-104);
(4) a motorized bicycle (as defined in IC 9-13-2-109); or
(5) an off-road vehicle.
As added by P.L.225-2005, SEC.14.
IC 14-19-1-1
Duties of department
Sec. 1. The department shall do the following:
(1) Have the custody of and maintain the parks, preserves,
forests, reservoirs, and memorials owned by the state.
(2) Adopt the necessary rules under IC 4-22-2 to secure
enforcement of this title, which must include provisions for the
use of motorized carts during the hours specified in
IC 9-21-7-2(a)(1) at state parks and recreation areas by an
individual who is the holder of a driver's license and who:
(A) is at least sixty-five (65) years of age; or
(B) has a disability as defined by the federal Social Security
Administration guidelines (42 U.S.C. 416).
(3) Prepare, print, post, or distribute printed matter relating to
the state parks and preserves.
(4) Subject to the approval of the governor, purchase land for
parks or preserves and scenic and historic places. For the
purpose of acquiring land for parks or preserves and scenic and
historic places, the commission may exercise the power of
eminent domain in the manner provided in IC 14-17-3.
(5) Accept in the name of the state by gift or devise the fee or
other estate in land or scenic or historic places.
(6) Employ, with the approval of the authorities having control
of a state penal institution, the convicts committed to a penal
institution for the purpose of producing or planting trees,
clearing, improving, repairing, draining, or developing land
purchased or acquired by the state for parks or preserves or as
scenic or historic places.
(7) Have the custody of all abstracts of title, papers, contracts,
or related memoranda except original deeds to the state, for land
purchased or received for parks or preserves or for scenic or
historic purposes under this section.
(8) Cooperate with:
(A) the department of environmental management;
(B) other state agencies; and
(C) local units of government;
to protect the water and land of Indiana from pollution.
(9) Have general charge of the navigable water of Indiana.
As added by P.L.1-1995, SEC.12. Amended by P.L.225-2005,
SEC.15.
IC 14-19-1-2
Powers of department
Sec. 2. The department may do the following:
(1) Make available to the public under rules adopted by the
department public parks and other suitable places for recreation,
conservation, and management of natural and cultural
resources. The rules may include a procedure for the
establishment of a schedule of admission fees and service
charges adopted by the commission for the parks and other
places of recreation.
(2) Construct, rent, lease, license, or operate public service
privileges and facilities in a state park. An agreement may not
be made to rent, lease, or license a public service privilege or
facility in a state park for longer than four (4) years, except as
provided in section 3 of this chapter.
(3) Acquire other suitable land or park property within Indiana
that is entrusted, donated, or devised to Indiana by the United
States or by a county, a city, a town, a private corporation, or an
individual for the purpose of public recreation or for the
preservation of natural beauty or natural features possessing
historic value.
As added by P.L.1-1995, SEC.12. Amended by P.L.246-2005,
SEC.120.
IC 14-19-1-3
Lease of property
Sec. 3. (a) The department may lease property located in a state
park to a lessee for a period longer than four (4) years if the
requirements of this section are satisfied.
(b) A lease described in subsection (a) does not take effect unless
all of the following conditions have been met:
(1) The lease is approved by the commission.
(2) The prospective lessee is required, as a condition of the
lease, to make a capital investment in the property of at least
two hundred thousand dollars ($200,000).
(3) The investment referred to in subdivision (2) is in real
property and not in personal property.
(4) Under the terms of the lease, improvements made to the
property by the lessee through capital investment will become
the property of the state when the lease expires.
(c) Before the commission may approve a lease under subsection
(b)(1), the prospective lessee must submit to the commission a
statement of Indiana economic impact that includes the following
information relating to the proposed lease and the capital investment
that would be required as a condition of the lease under subsection
(b)(2):
(1) The estimated average wages and benefits to be paid to the
projected new permanent employees whose jobs would be
created through the capital investment.
(2) The estimated total amount to be expended by the
prospective lessee in making the capital investment.
(3) The estimated total amount to be paid by the prospective
lessee to companies that:
(A) are organized under Indiana law; and
(B) would be involved in the construction activity that would
implement the capital investment.
(4) The estimated total wages and benefits that would be paid,
during the construction activity that would implement the
capital investment, to Indiana residents employed by companies
that would be involved in the construction activity.
(5) The projected economic activity for:
(A) subcontracting companies organized under Indiana law;
(B) supply companies organized under Indiana law; and
(C) other companies organized under Indiana law;
that would result from the capital investment.
(d) In deciding whether to approve a lease under subsection
(b)(1), the commission shall consider whether the proposed term of
the lease is longer than the period within which the prospective
lessee can reasonably be expected to recover the capital investment
in the property that would be required as a condition of the lease
under subsection (b)(2).
As added by P.L.1-1995, SEC.12.