AGO 2008-1.

• Case Date: January 10, 2008
• Court: Indiana

Indiana Attorney General Opinions 2008. AGO 2008-1. January 10, 2008OFFICIAL OPINION 2008-1The Honorable Luke KenleyIndiana State Senator 200 West Washington Street Indianapolis, IN 46204 RE: Applicability of the Indiana Tort Claims Act Dear Senator Kenley:You have asked if the Lake County Convention and Visitors Bureau ("LCCVB") is a governmental entity covered by the Indiana Tort Claims Act ("ITCA"). Brief Answer The LCCVB is a "governmental entity" subject to the provisions of the Indiana Tort Claims Act Legal Analysis The ITCA, codified at Indiana Code chapter 34-13-3, is the General Assembly's expression of the circumstances under which the state and its political subdivisions may be held liable in tort. As recently observed by the Indiana Court of Appeals, ITCA "operates as an unequivocal statement of Indiana's consent to be sued in tort provided certain qualifications - including notice - are fulfilled." Oshinski v. N. Ind. Commuter Transp. Dist., 843 N.E.2d 536, 544 (Ind. App. 2006) (emphasis added). Our legislature requires protection under the ITCA be given to "governmental entities." Ind. Code § 34-13-3-4. A "governmental entity," for the purposes of ITCA, "means . . . the state or apolitical subdivision of the state." Ind. Code § 34-6-2-49 (emphasis added). For purposes of the ITCA, the term "political subdivision" has been broadly defined under section 34-6-2-110 and includes a "separate municipal corporation." Ind. Code 34-6-2-110(5). "Separate municipal corporation" is not further defined under the ITCA. In determining the meaning of statutory language, we note that statutes relating to the same subject matter are "in para materia and should be construed together so as to produce an harmonious statutory scheme." Orndorff v. New Albany Hous. Auth., 843 N.E.2d 592, 595 (Ind. App. 2006). The court in Orndorff considered the definition of "municipal corporation" under Title 36 when ascertaining its meaning for the ITCA. Id. "'Municipal corporation' means unit, school corporation, library district, local housing authority, fire protection district . . . or other separate local governmental entity that may sue and be sued." Id. (quoting Ind. Code § 36-1-2-10 (emphasis added)). Furthermore, the term "separate municipal corporation" is similarly defined at section 34-6-2-86 for the purpose of public interest lawsuits...