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2008 Indiana Attorney General Reports and Opinions 1 (2008)

handle is hein.sag/sagin0006 and id is 1 raw text is: STATE OF INDIANA OFFICE OF THE ATTORNEY GENERAL INDIANA GOVERNMENT CENTER SOUTH, FIFTH FLOOR STEVE CARTER 302W WASHINGTON STREET * INDIANAPOLIS, IN 46204-2770 TELEPHONE: 317.232.6201 INDIANA ATTORNEY GENERAL www.AttomeyGeneral.IN.gov FAX: 317.232.7979 January 10, 2008 OFFICIAL OPINION 2008-1 The Honorable Luke Kenley Indiana 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, 4means . .. 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

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