Indiana has a rich aviation history beginning with 19th century glider flights and evolving into transcontinental air travel, airfreight, and general aviation aircraft of all varieties. Aviation Indiana has been an advocate for aviation interests since 1983 and is proud to represent all regions of the state providing a network for general aviation, support industries, aerospace educators, airports, fixed base operators, aircraft owners and operators and pilots at all ratings levels. Mindful that aviation is a critical component of Indiana’s economy, Aviation Indiana will continue to bring to the public and legislative sectors the message of this essential industry.
2023 Legislation affecting aviation
Below is a live link for legislation that AI is tracking during the 2023 session.
To get more information on legislation – please go to the Indiana General Assembly’s Legislative Page:
AI Legislative Agenda
- Legislation does 2 things –
- Ends aviation fuel subsidizing to clean up auto fuel cleanups
- Takes the money that was subsidizing auto fuel cleanup and transfers the excess into the airport development fund
- Bill does NOT Change
- the purpose of the fund – it will still be responsible for cleaning up fuel cleanups from underground storage tanks leaks.
- what projects are eligible or the process of making a claim
- All fuel pays a 1 cent per gallon fee that goes into the Excess Liability Trust Fund that is used to pay for cleanup from leaking underground storage tanks. IDEM administers this fund that has a balance of $154 million – compared to $75 million balance in 2019.
- HB 1072 will track how much aviation fuel goes into the fund and how much the fund pays for aviation fuel cleanups. The difference at the end of the year will then be transferred to the airport development fund which will be used to fund airport projects.
- The bill allows for IDEM to keep a reserve so that there is always aviation fuel generated fees available to pay for aviation related claims.
- IDEM remains in charge of the process. The only new requirement for IDEM will be to calculate how much was expended for aviation fuel cleanup and transfer any excess amount to the airport development fund.
- INDOT will be responsible for administrating the airport development fund which is already established.
- Aviation Indiana was only able to identify less than $3 million that the fund has been expended for aviation fuel cleanup in the history of the fund.
- The fiscal estimates approximately $2 million per year is generated by aviation fuel.
- Indiana airports have unmet needs. Today – the state only matches projects that receive funding from the FAA. This will allow INDOT to fund projects that meet Indiana’s funding criteria versus the federal criteria.
- Helps smaller airports who might not be able to meet the 50% match requirement for State/Local Program that INDOT currently requires per administrative code.
- 105 IAC 3-1-2 is being repealed because it requires an airport to provide at least 50% towards the cost of a project.
- After INDOT matches federal funds, the Airport Development fund can fund State/Local projects.
- The bill requires INDOT to look at the classification of the airport and the type of project.
- The types of State/Local projects that will be funded will be fuel farms, hangars, terminals and maybe snow or fire equipment. (items the FAA does not fund)
AI has requested a $25 million appropriation for the Airport Develpment Fund to be added to the budget bill as introduced.
2023 Legislative Statehouse Day Update
AI is changing our format for our annual legislative day. On March 6, we will be hosting coffee and doughnuts for legislators and members from 8:00 am- 10:00 am at the Statehouse. As legislators start their day, we will have an opportunity for you to grab a few minutes of their time.
For our sessions, we will go to the Government Center and sessions will begin at 10:30 am and last until lunch time. We encourage you to invite your legislator to go to lunch with you. Lunch is on your own and we are not having a luncheon.
Since the day is beginning early, we have booked rooms at the Columbia Club for $130 for March 15. To make reservations, please contact the Columbia Club direct at 317-767-1361 or email firstname.lastname@example.org. Please let them know that you are booking with the group name Aviation Indiana. The reservation block ends February 15.
Annual Conference Recap
We had over 200 participants at this year’s conference plus at least 50 students from Purdue and Indiana State University that participated in our 1st career fair. AI wants to thank the Purdue staff for all of their help to make the conference a success. We also want to thank our title sponsors:
- CM & T
- Dave O’Mara
- Indianapolis Airport Authority
- Urschel Labs
- Hanson Professional Services
At the conference, the following awards were announced:
- Airport of the Year – Indy South Greenwood Airport
- President’s Special Recognition Award – Bill Sheley – Plymouth Airport Manager
- Person of Year Award – Jim McKinney – Marion Airport Board
- Senator of Year Award – Chris Garten – Charlestown
- Representative of Year – Dan Leonard – Huntington
The AAI Scholarship Fund Inc awarded scholarships to:
- Hanna McIntosh – Mullen Memorial Flight
- Ellie Tate – AAI SFI Admin
- Nicholas Hayes – Rardon Memorial
- Pricilla Gatewood – AAI SFI
DLGF Assessment of Airport Property
During the 2022 session, the General Assembly repealed an older Department rule regarding the assessment of airport property because it contained references to regulatory entities no longer in existence. Senate Enrolled Act 382 repealed 50 IAC 1-3-2, a rule more than 30 years old. All statutes regulating property tax and airports remained unchanged.
With approximately 140 airports in Indiana, the Department provides this memo to assist in referencing and applying the many various statutory references found throughout the Indiana code.
Airports are Municipal Property & Airport Zones are Municipal Corporations
Ind. Constitution, Article 10, Section 1 (a) allows the General Assembly to exempt certain property from tax, including municipal property. The General Assembly specifically designated airport authorities as municipal corporations in Ind. Code § 36-1-2-10.
Further, the Indiana Supreme Court held that a district in which an airport authority is established is a municipal corporation. Bailey v. Evansville-Vanderburgh County Airport Authority District, 240 Ind. 401 (1960).
Property Owned by Either Municipalities or Private Owners May be Exempt if Used for a Municipal Airport Purpose
The property owned by a political subdivision or municipal corporation, if used for a municipal purpose, is exempt from property tax. (See Ind. Code § 6-1.1-10-4 and Ind. Code § 6-1.1-10-5.) Additionally, the legislature specifically granted an exemption when the property is used by the public as an airport for a municipal purpose, regardless of whether the airport or maintenance facility is owned and operated by the municipality. Ind. Code § 6-1.1-10-15
Thus, the owner may be a private person or entity. To qualify for an exemption, the owner must have a current and valid public airport certificate granted by the Indiana Department of Transportation (“INDOT”) to operate an airport. The exemption extends only to the land necessary to and reasonably used for public airport purposes. On the other hand, not all property owned or associated with an airport is exempt. If a property is not used for a municipal purpose, it is not exempt. (See Ind. Code § 6-1.1-10-15)
“The owner of any airport . . . who holds a valid and current public airport certificate issued by INDOT, may claim an exemption for only so much of the land as is reasonably necessary to and used for public airport purposes.” (See Ind. Code § 8-21-1-10 et. seq.)
Indiana Code provides for various iterations and configurations of airport ownership and structure. (See Ind. Code § 8-22-2 et. seq.)
Airport Associated Property
When a property is directly used for a purpose that supports public aviation, the property is exempt. (See Ind. Code § 6-1.1-10-15) Examples listed in the statute include:
- Runways, lighting, access roads, car and aircraft parking areas, and all buildings associated with basic facilities for the traveling public
- Leased property used for agricultural purposes located within the area that federal law and FAA regulations restricts to aviation activities.
- Airport/aviation easements
- Safety areas such as those regulated to prohibit tall structures and concerning safe use of navigable airspace (14 CFR Part 77)
- Land bought with FAA or INDOT funds
- Real property and improvements for shelter, storage, and care of aircraft and hangars
- Housing for weather and signaling equipment, navigational aids, radios, and other aviation related equipment.
Additionally, Ind. Code § 8-22-2-12 is instructive. It provides that:
- The acquisition, establishment, construction, improvement, equipment, maintenance, control, and operation of municipal airports and landing fields for aircraft under this chapter is considered to be a governmental function of general public necessity and benefit and is for the use and general welfare of all the people of Indiana, including the people residing in the eligible entity.
- . . . the leasehold estate of any lessee created pursuant to a lease by the board of aviation related property . . . together with any permanent structure constructed by the lessee on the property is exemption from property tax.
Form 136 Property Tax Exemption Applications: (See Ind. Code § 6-1.1-11-4 and Ind. Code § 6-1.1-11-9)
Municipal owners (cities and towns) do not file a Form 136 exemption application. Private owners of airports must file a Form 136 exemption application.
Additional Reading & References
For additional reading and reference, the Indiana Board of Tax Review has issued several cases over the years, interpreting, and applying airport exemption statutes.
Montgomery v. Boone County PTABOA (2009) (Private owner and operator)
Steinle v. Newton County (Private owner and operator)
Lake County Trust Company v. Lake County (A determination that a restaurant at the airport was exempt from property tax)
Davidson v. Jefferson County PTABOA (Private owner and operator)
Summer Internships – Indiana Airports
Below is a listing of airports and other organizations that have summer internships available. If you have internships available, please let us know.
INDOT – Office of Aviation – Questions can be directed to Marty Blake at: email@example.com
CHA Consulting – CHA – Home (chacompanies.com)
CMT Consultants – Home | Crawford, Murphy & Tilly (cmtengr.com)
CTL Engineering – www.ctleng.com
Columbus Municipal Airport – Airport – City of Columbus, Indiana: Airport
Fort Wayne Airport Authority – Fort Wayne International Airport (fwairport.com)
Indianapolis Airport Authority – Indianapolis Airport Authority (Home) | Indianapolis Airport Authority
LaPorte Municipal Airport – La Porte Municipal Airport – La Porte Municipal Airport (laporteairport.com)
Marion Airport – Marion Municipal Airport (marionairport.net) – internships are restricted to the students in their high school aviation program.
Jasper County Airport – Home | Jasper County Airport
2022 Indiana General Assembly
AI has created a tracking list of bills of interest we are tracking during the 2022 session. Session will re-convene in early January and end no later than March 14. Below is a link for bills of interest as well as the latest status for the bills.
Indiana Public Access Counselor’s Open Door Law Informal Opinion
This informal opinion is in response to your inquiry regarding incivility that many communities are experiencing during public meetings and in relation to public records re-quests as well.
2021 Annual Conference
The 2021 AI Annual Conference was held October 12 – 14th at the Blue Chip Casino in Michigan City. We received several requests for the presentation from Sightline regarding the cleaning of airport markings versus repainting. Here is their presentation:
Indiana Department of Revenue – Informational Bulletin # 207
The Indiana Department of Revenue updated their Informational Bulletin # 207 to reflect legislation that passed in 2021 that added an exemption for aerial applicators from paying the aviation excise tax. The process for the exemption appears to be the same as what is in place for the current exemptions ( military, state, federal, commercial exemptions).
The bulletin is available below:
Coronavirus State and Local Fiscal Recovery Funds – FAQ
This document contains answers to frequently asked questions regarding the Coronavirus State and Local Fiscal Recovery Funds (CSFRF / CLFRF, or Fiscal Recovery Funds). Treasury will be updating this document periodically in response to questions received from stakeholders.
July 15 Quarterly Meeting – Anderson Airport
AI wants to thank Brian and Rose and the rest of the Anderson Airport staff for their hospitality.
April Quarterly – FAA Presentation Part 163
Hoosier Employers Who Hire Minors Face New Requirements
Schools will no longer be responsible for issuing work permits effective July 1
The Indiana Department of Labor’s Bureau of Youth Employment announced that on May 4, 2021 Hoosier employers must adhere to new requirements regarding minor employees younger than 18 years old, beginning July 1, 2021.
The announcement comes just weeks before the school year ends, and the biggest youth-employment season begins. The new requirements will eliminate the need for work permits and replace them with a new employer registration platform known as the Youth Employment System, or YES.
“Schools will no longer be responsible for issuing work permits, or tracking and registering minor employees,” said State Labor Commissioner Joe Hoage. “That latter responsibility will now fall to employers via YES.”
Effective July, employers who employ five or more employees at each individual location who are under 18 years old will be required to register via the new YES online platform.
The new YES requirement will not impact the state’s work-hour requirement for minors, and all employers must still comply with the Teen Work Hour Restrictions and Prohibited and Hazardous Occupation restrictions for minors.
The Benefits of General Aviation’s Investments in Sustainable Fuel and Technologies and the Need for Ongoing Federal and Local Support
The Alliance for Aviation Across America, and organizations and local leaders from around the country invite you to a panel discussion on the future of aviation. In spite of challenges posed by the global pandemic over the last year, the general aviation industry has made impressive investments in sustainable fuel and technologies. These developments, along with advancements in new and emerging technologies, all represent important areas of growth at a critical time when recovery and mobility remain more important than ever.
For more information, click HERE.
Symposium Highlights Industry ‘On the Cusp’ of Widespread SAF Adoption – NBAA
Ice Miller COVID-19 Task Force Update February 2, 2021 – Coronavirus Updates
Stronger OSHA Guidance Released
On Friday, January 29, OSHA released “stronger guidance on identifying coronavirus exposure risks.” The guidance is not a new standard or regulation, but rather is a compilation of information, resources and advisory recommendations for addressing coronavirus in the workplace. Among the recommendations is one that, “workers who are vaccinated must continue to follow protective measures, such as wearing a face covering and remaining physically distant.” Even though the guidance “creates no new legal obligations,” it is worth reviewing to determine whether existing work practices and policies are sufficient or may be enhanced.
Indiana Senate Passes COVID-19 Civil Liability Immunity Bill
On January 28, 2021, with an approval vote of 40-8, the Indiana State Senate passed Senate Bill No. 1—a COVID-19 civil immunity bill. The legislation, if signed into law, will shield businesses and their staff and virtually any other “person” from coronavirus-related civil lawsuits, except for lawsuits alleging gross negligence or willful or wanton misconduct under Indiana law.
The State Board of Accounts is offering a training session on how to complete the 100R and AFR on January 27.
Special Districts – Training on 100R and AFR
Event address for attendees:
Date and time:
Wednesday, January 27, 2021 9:30 am
Indiana Aviation Hall of Fame
At the AI Membership meeting last Thursday, there was information regarding the Indiana Aviation Hall of Fame discussed. Here is some additional information:
- The INAHOF was established to recognize and honor the memory of those special individuals who made an enduring contribution to aeronautics;
- the aeronautical efforts of individuals enshrined in the INAHOF left lasting impacts within Indiana and often the world through their achievements and leadership;
- the INAHOF recognizes the exceptional military or civilian service of enshrinees for the advancement of aeronautics through their courage, innovation and entrepreneurial spirit;
- many INAHOF enshrinees have made significant contribution to aeronautical education and safety within Indiana;
INAHOF’s goal is to inspire others to recognize, appreciate and honor Indiana’s aeronautical legacy and the men and women who created it through commitment and self-sacrifice.
Please see the link below for the brochure and distribute it on your social media.
The INAHOF is also looking for a location to house the Hall of Fame.
For more information, please go to: https://inahof.org/ or contact Bart Giesler at Aviation Indiana.
Virtual Conference Recap
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Thursday’s Webinar Link:
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Ryan M. Bauer, C.M., ACE, Airport Operations Supervisor
Fort Wayne–Allen County Airport Authority:
SBoA Presentation: 2020 Aviation Indiana Virtual Conference
1. When will the airports be audited on the federal funds received through the CARES Act?
If the airport received COVID federal grants either from a pass through entity or directly, and the total of all federal expenditures/reimbursement was $750,000 or greater, the airport will be audited by SBOA in 2021 for the period ending 12/31/2020. It’s likely to occur between May and August, but could be sooner or later depending on staff availability. If the total of federal expenditures/reimbursements was less than $750,000, the airport will not receive a separate federal audit from SBOA over those funds, however their pass-through entity or the federal granting agency can audit those funds at any time. If you have any further questions, please call us at 317-232-2513 or send an email to firstname.lastname@example.org.
2. Explain why the airport is being shown on the financial statements of the county.
A primary government (county, city) which presents its financial information on a GAAP basis will evaluate whether an airport authority is a component unit under GASB Statement Number 14 as amended. This evaluation considers the relationship between the two entities based on statutory provisions, operating structure, agreements between the entities, and other factors from GASB Statement Number 14 as amended. If the airport is considered a component unit then its audited financial information will be presented in the financial statements of the primary government as either a discrete or blended component unit. If you have any question specific to your airport authority, please give us a call at 317-232-2513 or send an email to email@example.com.
PPP Loan Forgiveness: SBA Releases Revised Application and “EZ” Application
On June 16, 2020, the Small Business Administration (“SBA”) released new documents related to forgiveness of Paycheck Protection Program (“PPP”) loans: (1) a revised PPP loan forgiveness application and Instructions and (2) an “EZ” version of the PPP loan forgiveness application and the EZ Instructions. Both applications give borrowers the option of using the original 8-week covered period (for loans made before June 5, 2020) or an extended 24-week covered period.
This article focuses on the limited changes made to the Forgiveness Application and the EZ Forgiveness Application made necessary by Congress’s adoption of the Paycheck Protection Program Flexibility Act of 2020 and the SBA’s corresponding revisions to its First Interim Final Rule to the PPP. For further information on those changes, please see our summary of the Flexibility Act and our summary of changes to the Interim Final Rule.
CARES ACT FAQ – May 29
Do you have a plan for returning to work?
General Safeguard Protocols for Businesses
All Indiana businesses should take measures and institute safeguards to ensure a safe environment for their employees, customers, and clients. This includes any business that has remained open during the Stay-at-Home order, as well as those opening to employees and customers in the coming days and weeks. The safeguards below are based on the recommendations of the CDC and OSHA guidelines should be followed. These are general safeguard protocols for businesses.
4/30/2020 Zoom SBOA Presentations
Please click links below for SBOA presentation from Zoom discussion
AAI SFI – Creakbaum
At the April AI Board meeting, a motion was passed for AI to make a donation to AAI Scholarship Fund Inc. in honor of Larry Creakbaum. Larry served on AI’s board and was a founding board member for AAI Scholarship Fund Inc.
Larry’s family asked for memorial contributions to go to AAI Scholarship Fund Inc. Per the motion that passed, AI plans to match these donations – up to $3,000. We ask that you make your contribution by July 1.
AAI Scholarship Fund Inc. is currently accepting application for aviation management, flight and maintenance. The scholarship will be announced at the AI Annual meeting in October.
If you would like to make a contribution, please send your check to:
135 N Pennsylvania Street # 1175
Indianapolis, IN 46204
Please make a notation that the check is in Larry’s memory.
Memos from SBOA regarding Corona Virus
Accounting and Appropriation of COVID-19 Grants
Here are two policies distributed by the State Board of Accounts for Indiana local governments.
Please click on the links below to view documents
Click link above for Policy and Procedures
FAA CARES Act – April 14 Presentation
FAA CARES Act – FAQ – April 13
CARES Act Grant Amounts to Airports-April 14
FAA Information for Airport Sponsors Considering COVID-19 Restrictions or Accommodations
Thank You Paige Kroner for taking time out to talk to AI members about NBAA Resources during our Zoom discussion on April 16th.
NBAA has a lot of information with guidance and best practices with regard to COVID-19 on their website. Here are the links Paige mentioned:
Secondly, in regards to Bob Duncan’s question – The FAA is working to create an SFAR addressing all issues raised in the April 1st letter from NBAA and seven other GA associations, including:
- Extension of 14 CFR Part 61 pilot currency requirements, e.g. flight review, IPC, PIC/SIC proficiency checks;· Guidance that 709 reexaminations or paperwork inspections in person (such as logbook inspections under 61.51, or maintenance record inspections under 91.417) be held off or at least be conducted electronically during the current social distancing safety protocols and directives regarding non-essential activities;· Extensions for certified flight instructor certificate renewal, expiration, and endorsement periods;· Extension of knowledge exam expiration period;· Extensions for applicants on the ability to complete practical examinations;· Extension for filing documents under 14 CFR Part 13 (Subparts C, D, and G); and· Extensions for aircraft maintenance and continuing airworthiness requirements with necessary mitigation procedures.
We also confirmed the FAA’s work includes a regulatory solution for expired medical certificates. At this time, we do not have an expected publication date. However, the Flight Standards Division is prioritizing this work, but they remain constrained by administrative checks and balances. I assure you that NBAA continues to increase pressure as delays mount. Here is another resource we have on this topic: FAA’s COVID-19 Exemption Allows Pilots to Fly with Expired Medical Certificates
Supplemental Memo on Executive Order #20-005
– Cash Flow Solutions
Below is the full memorandum on cash flow solutions. Please click below:
Essential Worker Authorization Form
If you have employees that are reluctant to travel to work, attached is a draft authorization letter from NATA. There is no official form that is currently required – however – this may give them comfort. Please click link below for letter template.
Governor of Indiana Executive Orders Updated
Gov. Eric Holcomb has updated Executive Orders. Please click the link below for more information
WEBINARS ON COVID-19
AIM (Accelerate Indiana’s Municipalities – formerly Indiana Association of Cities and Towns) has posted some of the webinars for local units as it relates to COVID and Open Door Laws – Employments – Approving Claims.
Click here for more information on the webinars:
Public Access Counselor – FAQ
Please click here for FAQ:
Local Government COVID-19 Roundtables, Purdue Extension
Some local Purdue Extension Community Development Educators are offering a time for regional leaders to meet through Zoom to share information, questions, and ideas with each other in terms of COVID-19 impact and response. These are open meetings. No registration required.
Families First Coronavirus Response Act
The President has signed into law the Families First Coronavirus Response Act that makes changes to Family Medical Leave Act (FMLA).
Please click below for more information
Aviation Indiana 2019 Handbook HERE
Aviation Indiana on Facebook
Make sure that you like and share our facebook page! We will be sharing pictures and event information, and coordinating exciting giveaways through this page!
A Thank You Note
One of the girls in my STEM Club wanted to let someone from the Aviation Association of Indiana know how helpful your ‘aviation links’ page https://www.aviationindiana.com/aviation-links-2/ has been! Meghan has been working on a project about flight & aviation, and when she was doing research she ended up on your page… She found some great information from the links you’ve included on that page, and she thought you’d appreciate hearing it 🙂
Meghan also found a great page on aviation history and the Wright Brothers at https://www.daytonohlawyer.com/blog/2018/10/aviation-history-in-dayton,-oh/
Meg was learning about the Wright Brothers in school & had the idea that we include this our note as a way to say thank you! She thought it would be a good resource for you to add to your page she found… hopefully it’s helpful
Stacey Martin (and Meghan W.)
Ft Wayne Airport Celebrates 10 Years of Growth
Check out this article by Inside Indiana Business in the link below
Aviation Association of Indiana – Strategic Plan
Click HERE for Strategic Plan
How to find your Legislator
Click HERE for the link to find your Legislator
AI COMMITTEES (4/26/2019)
Below is a link to a document that contains AI Committees, Chairperson and Responsibilities.
FAA Commercial Drone Rules
Department of Transportation’s Federal Aviation Administration has finalized the first operational rules (PDF) for routine commercial use of small unmanned aircraft systems (UAS or “drones”), opening pathways towards fully integrating UAS into the nation’s airspace.
The new rule, which takes effect in late August, offers safety regulations for unmanned aircraft drones weighing less than 55 pounds that are conducting non-hobbyist operations.
The rule’s provisions are designed to minimize risks to other aircraft and people and property on the ground. The regulations require pilots to keep an unmanned aircraft within visual line of sight. Operations are allowed during daylight and during twilight if the drone has anti-collision lights. The new regulations also address height and speed restrictions and other operational limits, such as prohibiting flights over unprotected people on the ground who aren’t directly participating in the UAS operation.
FAA Final Policy on Use of Airport Hangars
The FAA’s final policy on the non-aeronautical use of airport hangars appears in today’s Federal Register and will take effect on July 1, 2017. The FAA is issuing the policy to clarify how aviation facilities – including hangars can be used on airports that receive federal funds. The final policy strikes a balance between hangar use for aviation and non-aviation purposes.
The policy ensures hangars are available when there is an aviation need, and if demand is low, allows hangars to be used for non-aviation activities. The FAA recognizes that non-aviation hangar space rental allows airport sponsors to be economically independent when hangars are not being used to fulfill aviation needs. Airport sponsors must receive approval from the FAA before hangars can be used for non-aviation purposes.
In addition, the policy outlines the type of aircraft that can be built in a hangar, the equipment and items that can be stored in hangars, and the role of the airport sponsors to ensure tenants pay fair market value for hangar space.
Sales Tax Information – Replaces Bulletin from February 2016
As a result of questions that were raised at previous Aviation Indiana Quarterly meetings, The Indiana Department of Revenue has updated their Bulletin regarding the sales tax exemption on aviation parts.
Aviation Dedicated Funding Whitepaper
Read the AI whitepaper HERE