Shown verbatim: the complete text as captured from the official PDF posted by the Indiana General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the current version. The official bill page.
Second Regular Session of the 124th General Assembly (2026)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
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a new provision to the Indiana Code or the Indiana Constitution.
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between statutes enacted by the 2025 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1161
AN ACT to amend the Indiana Code concerning local government.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 6-9-18-5, AS AMENDED BY P.L.175-2018,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5. (a) If a tax is levied under section 3 of this
chapter, the county executive shall create a commission to promote the
development and growth of the convention, visitor, and tourism
industry in the county. If two (2) or more adjoining counties desire to
establish a joint commission, the counties shall enter into an agreement
under IC 36-1-7.
(b) The county executive shall determine the number of members,
which must be an odd number, to be appointed to the commission. A
simple majority of the members must be:
(1) engaged in a convention, visitor, or tourism business; or
(2) involved in or promoting conventions, visitors, or tourism.
A member appointed to the commission under subdivision (1) or (2)
need not be a resident of the county if the member is an owner or an
executive level employee of a convention, visitor, or tourism business
that is located within the county. However, the member must be a
resident of Indiana. If available and willing to serve, at least two (2) of
the members must be engaged in the business of renting or furnishing
rooms, lodging, or accommodations (as described in section 3 of this
chapter). Not more than one (1) member may be affiliated with the
same business entity. Except as otherwise provided in this subsection,
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each member must reside in the county. The county executive shall
also determine who will make the appointments to the commission,
except that the executive of the largest municipality in the county shall
appoint a number of the members of the commission, which number
shall be in the same ratio to the total size of the commission (rounded
off to the nearest whole number) that the population of the largest
municipality bears to the total population of the county.
(c) This subsection applies to a county in which a tax imposed under
this chapter becomes effective after December 31, 1989. If a
municipality other than the largest municipality in the county collects
fifty percent (50%) or more of the tax revenue collected under this
chapter during the three (3) month period following imposition of the
tax, the executive of the municipality shall appoint the same number of
members to the commission that the executive of the largest
municipality in the county appoints under subsection (b).
(d) Except as provided in subsection (c), all terms of office of
commission members begin on January 1. Initial appointments must be
for staggered terms, with subsequent appointments for two (2) year
terms. A member whose term expires may be reappointed to serve
another term. If a vacancy occurs, the appointing authority shall
appoint a qualified person to serve for the remainder of the term. If an
initial appointment is not made by February 1 or a vacancy is not filled
within thirty (30) days, the commission shall appoint a member by
majority vote.
(e) An individual who is appointed a member of the commission
may be removed for cause by serves at the pleasure of the member's
appointing authority as long as:
(1) the officeholder who appointed the individual continues to
hold the same office; or
(2) the board, committee, or body that appointed the
individual retains all of the same members who served on the
board, committee, or body when the individual was appointed.
If subdivision (1) or (2) does not apply, the individual may only be
removed for cause.
(f) Members of the commission may not receive a salary. However,
commission members are entitled to reimbursement for necessary
expenses incurred in the performance of their respective duties.
(g) Each commission member, before entering the member's duties,
shall take an oath of office in the usual form, to be endorsed upon the
member's certificate of appointment and promptly filed with the clerk
of the circuit court of the county.
(h) The commission shall meet after January 1 each year for the
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purpose of organization. It shall elect one (1) of its members president,
another vice president, another secretary, and another treasurer. The
members elected to those offices shall perform the duties pertaining to
the offices. The first officers chosen shall serve from the date of their
election until their successors are elected and qualified. A majority of
the commission constitutes a quorum, and the concurrence of a
majority of the commission is necessary to authorize any action.
SECTION 2. IC 7.1-2-4-21 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 21. Removal from
Office. (a) This subsection only applies to a local board in a county
that does not contain a consolidated city. An individual who is an
appointed member serves at the pleasure of the member's
appointing authority as long as:
(1) the city or town executive who appointed the member still
holds the same office; or
(2) the county executive or fiscal body that appointed the
member retains all of the same members who served on the
body when the individual was appointed.
If subdivision (1) or (2) does not apply, the individual may only be
removed for good cause.
(b) This subsection only applies to a local board in a county that
has a consolidated city. An appointed member of a local board may
be removed from office only for good cause.
(c) In order to remove an appointed member for good cause, the
commission shall give the member a written copy of the charges
against him the member and shall fix the time, which shall not be less
than five (5) days thereafter, when the member may appear before the
commission and show cause why he the member should not be
removed. The commission shall establish procedures for the removal
of an appointed member of a local board. The findings and
determinations of the commission in respect to a removal shall be final.
SECTION 3. IC 11-12-2-2, AS AMENDED BY P.L.86-2017,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. (a) To qualify for financial aid under this
chapter, a county must establish a community corrections advisory
board by resolution of the county executive or, in a county having a
consolidated city, by the city-county council. A community corrections
advisory board consists of:
(1) the county sheriff or the sheriff's designee;
(2) the prosecuting attorney or the prosecuting attorney's
designee;
(3) the executive of the most populous municipality in the county
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or the executive's designee;
(4) two (2) judges having criminal jurisdiction, if available,
appointed by the circuit court judge or the judges' designees;
(5) one (1) judge having juvenile jurisdiction, appointed by the
circuit court judge;
(6) one (1) public defender or the public defender's designee, if
available, or one (1) attorney with a substantial criminal defense
practice appointed by the county executive or, in a county having
a consolidated city, by the city-county council;
(7) one (1) victim, or victim advocate if available, appointed by
the county executive or, in a county having a consolidated city, by
the city-county council;
(8) one (1) ex-offender, if available, appointed by the county
executive or, in a county having a consolidated city, by the
city-county council;
(9) the director of the local office of the department of child
services or the director's designee;
(10) a representative from a juvenile correctional facility or
juvenile detention center in the county, but if no facility exists,
one (1) mental health representative chosen by the judge
described in subdivision (5);
(11) a representative from the Juvenile Detention Alternatives
Initiative, but if no program exists, a representative from the court
appointed special advocate program in the county or guardian ad
litem program in the county; and
(12) the following members appointed by the county executive or,
in a county having a consolidated city, by the city-county council:
(A) One (1) member of the county fiscal body or the member's
designee.
(B) One (1) probation officer.
(C) One (1) juvenile probation officer.
(D) One (1) educational administrator.
(E) One (1) representative of a private correctional agency, if
such an agency exists in the county.
(F) One (1) mental health administrator, or, if there is none
available in the county, one (1) psychiatrist, psychologist, or
physician.
(G) Four (4) lay persons, at least one (1) of whom must be a
member of a minority race if a racial minority resides in the
county and a member of that minority is willing to serve.
(b) Designees of officials designated under subsection (a)(1)
through (a)(6), (a)(9), and (a)(12)(A) serve at the pleasure of the
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designating official.
(c) This subsection only applies to an advisory board appointed
by the county executive in a county not having a consolidated city.
An individual who is appointed a member of the advisory board
serves at the pleasure of the county executive as long as the county
executive retains all of the same members who served on the body
when the individual was appointed.
(c) (d) Members of the advisory board appointed by the county
executive or, in a county having a consolidated city, by the city-county
council, shall be appointed for a term of four (4) years. The criminal
defense attorney, the ex-offender, and the victim or victim advocate
shall be appointed for a term of four (4) years. Other members serve
only while holding the office or position held at the time of
appointment. The circuit court judge may fill the position of the judge
having juvenile court jurisdiction by self appointment if the circuit
court judge is otherwise qualified. A vacancy occurring before the
expiration of the term of office shall be filled in the same manner as
original appointments for the unexpired term. Members may be
reappointed.
(d) (e) Two (2) or more counties, by resolution of their county
executives or, in a county having a consolidated city, by the city-county
council, may combine to apply for financial aid under this chapter. If
counties so combine, the counties may establish one (1) community
corrections advisory board to serve these counties. This board must
contain the representation prescribed in subsection (a), but the
members may come from the participating counties as determined by
agreement of the county executives or, in a county having a
consolidated city, by the city-county council.
(e) (f) The members of the community corrections advisory board
shall, within thirty (30) days after the last initial appointment is made,
meet and elect one (1) member as chairman and another as vice
chairman and appoint a secretary-treasurer who need not be a member.
A majority of the members of a community corrections advisory board
may provide for a number of members that is:
(1) less than a majority of the members; and
(2) at least six (6);
to constitute a quorum for purposes of transacting business. The
affirmative votes of at least five (5) members, but not less than a
majority of the members present, are required for the board to take
action. A vacancy in the membership does not impair the right of a
quorum to transact business.
(f) (g) The county executive and county fiscal body shall provide
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necessary assistance and appropriations to the community corrections
advisory board established for that county. Appropriations required
under this subsection are limited to amounts received from the
following sources:
(1) Department grants.
(2) User fees.
(3) Other funds as contained within an approved plan.
Additional funds may be appropriated as determined by the county
executive and county fiscal body.
SECTION 4. IC 16-20-2-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 8. (a) This subsection
applies to a member of a local board of health who is appointed by
the county executive. An individual who is appointed a member of
a local board of health serves at the pleasure of the county
executive as long as the county executive that appointed the
member retains all of the same members who served on the body
when the individual was appointed.
(b) In addition, any A member of a local board of health may be
removed by the board member's appointing authority if the board
member does any of the following:
(1) Is absent from three (3) consecutive regular board meetings.
(2) Is absent from four (4) regular board meetings during a
calendar year.
(3) Fails to perform the statutory duties of the office.
SECTION 5. IC 16-20-2-10, AS AMENDED BY P.L.219-2021,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 10. (a) This section applies to a seven (7)
member board appointed under section 5(b) of this chapter.
(a) (b) All members of a local board of health shall be appointed for
a term of four (4) years. Each member serves until a successor is
appointed and qualified.
(b) (c) Unless otherwise required by law, after December 31, 1991,
the board members serve staggered terms. The appointing authority
shall appoint the members of a board in existence on December 31,
1991, and the initial members of a board established after December
31, 1991, as follows:
(1) One (1) member must be appointed for one (1) year.
(2) Two (2) members must be appointed for two (2) years.
(3) Two (2) members must be appointed for three (3) years.
(4) Two (2) members must be appointed for four (4) years.
SECTION 6. IC 16-20-2-10.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
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[EFFECTIVE JULY 1, 2026]: Sec. 10.5. (a) This section applies to a
nine (9) member local board of health appointed under section 5(a)
of this chapter.
(b) Notwithstanding any other provision of this chapter, the
term of a board member appointed before January 1, 2027,
terminates on December 31, 2026.
(c) After December 31, 2026, members shall be appointed to the
following initial staggered terms:
(1) One (1) member shall be appointed under section 5(a)(3)
of this chapter to a one (1) year term.
(2) Two (2) physician members shall be appointed under
section 5(a)(1) of this chapter to two (2) year terms.
(3) Three (3) other members shall be appointed under section
5(a)(1) of this chapter to three (3) year terms.
(4) One (1) member shall be appointed under section 5(a)(2)
of this chapter to a three (3) year term.
(5) Two (2) members shall be appointed under section 5(a)(4)
of this chapter to four (4) year terms.
(c) All subsequent appointments of members shall be for four
(4) year terms. Each member serves until a successor is appointed
and qualified.
SECTION 7. IC 16-23-1-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 9. (a) The directors
shall be appointed on the third Monday of January.
(b) The initial terms of the governing board are as follows:
(1) Two (2) members for one (1) year.
(2) Two (2) members for two (2) years.
(3) One (1) member for three (3) years.
(4) Two (2) members for four (4) years.
(c) Each subsequent term is for four (4) years.
(d) The term of each member begins February 1 in the year of
appointment at the expiration of the member's predecessor's term and
continues four (4) years and until a successor is appointed and
qualified. However, an interim member chosen to fill a vacancy begins
tenure at the time specified in the member's certificate of appointment
and serves the unexpired term of the member the interim member
succeeds.
(e) An individual who is appointed a director serves at the
pleasure of the appointing board as long as the appointing board
retains all of the same members who served on the appointing
board when the individual was appointed.
SECTION 8. IC 33-40-7-3, AS AMENDED BY P.L.111-2024,
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SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. (a) A county executive may adopt an ordinance
establishing a county public defender board consisting of three (3)
members. The county executive shall appoint one (1) member. The
judges who exercise felony or juvenile jurisdiction in the county shall
appoint by majority vote one (1) member. The Indiana commission on
court appointed attorneys shall appoint one (1) member who must be
a resident of the county or region managing the public defender's
office.
(b) The members must be persons who have demonstrated an
interest in high quality legal representation for indigent persons.
However, a member may not be:
(1) a city, town, or county attorney;
(2) a law enforcement officer;
(3) a judge;
(4) a court employee;
(5) an attorney who provides representation to indigent persons in
the county or region managed by the public defender board;
(6) an employee of the department of child services; or
(7) an employee of any individuals described in subdivisions (1)
through (6).
(c) This subsection applies to a member of the board who is
appointed by the county executive. A board member serves at the
pleasure of the county executive as long as the county executive
retains all of the same members who served on the body when the
individual was appointed.
(c) (d) Each member of the board serves a three (3) year term
beginning with the date of the member's appointment. A member
appointed to fill a vacancy holds office for the remainder of the
previous member's term. If a successor has not been appointed by the
end of a member's three (3) year term, the member continues in office
until the member's successor takes office. In the case of a county public
defender board established before July 1, 2019, the appointment by the
Indiana commission on court appointed attorneys shall begin upon the
first expiration of a current term of a member appointed by the judges
who exercise felony or juvenile jurisdiction in the county.
(d) (e) The members shall, by a majority vote, elect one (1) member
to serve as chairperson.
(e) (f) Meetings shall be held at least quarterly and may be held at
other times during the year at the call of the:
(1) chairperson; or
(2) other two (2) members.
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(f) (g) A county executive may terminate the board by giving at least
ninety (90) days written notice to the judges described in subsection
(a).
SECTION 9. IC 33-40-7-3.5, AS AMENDED BY P.L.111-2024,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3.5. (a) A county executive may adopt an
ordinance allowing the county to enter into an interlocal agreement (as
described in IC 36-1-7-3) with one (1) or more counties for the purpose
of:
(1) creating a multicounty public defender's office; and
(2) providing legal defense services to indigent persons located in
the counties served by the multicounty public defender's office.
(b) An agreement described in subsection (a) shall:
(1) require any created multicounty public defender's office to be
administered by a joint board (as described in
IC 36-1-7-3(a)(5)(B)); and
(2) delegate, to an auditor of one (1) of the constituent counties
comprising the multicounty public defender's office, the duty to
receive, disburse, and account for all monies distributed to the
multicounty public defender's office.
(c) Notwithstanding any guidelines and standards adopted by the
Indiana commission on court appointed attorneys under IC 33-40-5-4,
the members of a joint board shall be persons who have demonstrated
an interest in high quality legal representation for indigent persons.
(d) Notwithstanding any other law or provision, a member of the
joint board may not be:
(1) a city, town, or county attorney;
(2) a law enforcement officer;
(3) a judge;
(4) a court employee;
(5) an employee of the department of child services;
(6) an attorney who provides representation to indigent persons in
one (1) or more of the counties served by the multicounty public
defender's office being administered by the joint board; or
(7) an employee of any individuals described in subdivisions (1)
through (6).
(e) Each member of the joint board shall serve a three (3) year term
that begins on the date of the member's appointment to the joint board.
(f) This subsection applies to a member of the board who is
appointed by the county executive. An individual who is appointed
a board member serves at the pleasure of the county executive as
long as the county executive retains all of the same members who
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served on the body when the individual was appointed.
(f) (g) A member appointed to the joint board for the purpose of
filling a vacancy shall serve a term limited to the duration of the
previous member's term.
(g) (h) If a successor has not been appointed before the end of a
member's three (3) year term, the current member of the joint board
shall continue the member's service until the member's successor:
(1) has been appointed; and
(2) is able to begin the member's term.
(h) (i) The members shall, by a majority vote, elect one (1) member
to serve as a chairperson.
(i) (j) The joint board shall meet on a quarterly basis. The joint
board may convene additional meetings upon the request of:
(1) the chairperson; or
(2) two (2) serving members of the joint board.
SECTION 10. IC 36-1-8.5-2, AS AMENDED BY P.L.238-2025,
SECTION 90, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. As used in this chapter, "covered person"
means any of the following:
(1) A judge.
(2) A law enforcement officer.
(3) An address confidentiality program participant.
(4) A public official.
(5) The surviving spouse of a person described in subdivision (2),
if the person was killed in the line of duty.
(6) An employee of the department of child services.
(7) A current or former probation officer.
(8) A current or former community corrections officer.
(9) A regular, paid firefighter or a volunteer firefighter (as defined
in IC 36-8-12-2).
(10) A correctional services provider.
(11) A public defender.
(11) (12) Any person who resides in the same household as a
person described in this section.
SECTION 11. IC 36-1-8.5-4.4 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 4.4. As used in this chapter,
"public defender" means an individual who is any of the following:
(1) An individual employed full time by a county as a public
defender.
(2) An individual who maintains a full-time equivalent
caseload, as certified by the Indiana commission on court
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appointed attorneys under IC 21-13-12-16, as a contractual or
hourly public defender.
(3) The state public defender.
(4) A deputy of the state public defender.
(5) A chief public defender.
SECTION 12. IC 36-2-2-14, AS AMENDED BY P.L.127-2017,
SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 14. (a) The executive may appoint a county
administrator to be the administrative head of the county under the
supervision of the executive and to hold office at the pleasure of the
executive. The executive may assign any office, position, or duties
under its control to the administrator, and may by resolution withdraw
any of the powers and duties assigned.
(b) Under the supervision of the executive and with its express
authorization by resolution, the administrator may:
(1) assist in the administration and enforcement of policies and
resolutions of the executive;
(2) supervise activities of county government subject to the
control of the executive;
(3) attend meetings of the executive;
(4) recommend measures for adoption to the executive;
(5) prepare and submit reports that the administrator considers
advisable or that the executive requires;
(6) keep the executive fully advised on the financial condition of
the county;
(7) prepare and submit a budget for each fiscal year; and
(8) perform other duties that the executive requests by resolution.
(c) If the administrator is absent from the administrator's office due
to illness, death, vacation, resignation, or removal, the president of the
executive, if any, or a qualified person appointed by the executive shall
act as administrator until the administrator returns to the administrator's
duties or the executive appoints a new administrator.
(d) The county executive may set the salary of the county
administrator subject to salary parameters established by the
county fiscal body.
SECTION 13. IC 36-2-21 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]:
Chapter 21. County Personnel Policy and Evaluation Standards
Sec. 1. This chapter does not apply to:
(1) a county containing a consolidated city; or
(2) employees:
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(A) of a probation department;
(B) of a court;
(C) of a judicial officer (as defined in IC 35-31.5-2-177.7)
or other circuit officers;
(D) of a prosecutor's office;
(E) of a public defender's office;
(F) of a community corrections program;
(G) governed by a merit board established under
IC 36-8-3.5 or IC 36-8-10-3; or
(H) of the state.
Sec. 2. (a) Each county executive, in coordination with the
county fiscal body if applicable, shall adopt and maintain a written
personnel policy, employee handbook, or equivalent document
establishing minimum standards for county employee conduct and
applicable county policies.
(b) A county executive, a county fiscal body, and county officers
shall require all county employees, including existing employees, to
sign an acknowledgment of receipt of the adopted personnel policy
or employee handbook as a condition of employment.
Sec. 3. Results of evaluations shall be maintained as part of the
employee's personnel record in accordance with county policy.
Sec. 4. An elected county officer or their designee retains
responsibility for and authority over final disciplinary decisions for
employees under the officer's supervision, unless otherwise
permitted or required by state law.
Sec. 5. Nothing in this chapter shall be construed to diminish or
infringe upon the statutory authority, autonomy, or constitutional
duties of:
(1) a county executive;
(2) a county fiscal body;
(3) an elected county officer (as defined in IC 36-2-2.9-3);
(4) a judicial officer (as defined in IC 35-31.5-2-177.7), other
circuit officers, or employees of a judicial or circuit officer;
(5) a prosecutor's office;
(6) a public defender's office;
(7) a community corrections advisory board established under
IC 11-12-2-2; or
(8) a merit board established under IC 36-8-3.5 or
IC 36-8-10-3.
SECTION 14. IC 36-4-9-6, AS AMENDED BY P.L.141-2009,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 6. (a) This section applies only to second class
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cities.
(b) The city executive shall appoint:
(1) a city controller;
(2) a city civil engineer;
(3) a corporation counsel;
(4) a chief of the fire department;
(5) a chief of the police department; and
(6) other officers, employees, boards, and commissions required
by statute.
(c) The board of public works and safety may be composed of three
(3) members or five (5) members appointed by the executive. An
individual who is appointed a member of the board serves at the
pleasure of the executive as long as the executive who appointed the
member continues to hold the office of executive. A member may
hold other appointive positions in city government during the member's
tenure. IC 36-4-11-2 applies to board member appointments under this
section. The executive shall appoint a clerk for the board.
(d) If the board of public works and board of public safety are
established as separate boards, each board may be composed of three
(3) members or five (5) members who are appointed by the executive.
A member may hold other appointive positions in city government
during the member's tenure. The executive shall appoint a clerk for
each board.
(e) If the executive:
(1) increases the number of members of a board of public works
and safety, a board of public works, or a board of public safety
from three (3) to five (5) members; or
(2) decreases the number of members of a board of public works
and safety, a board of public works, or a board of public safety
from five (5) to three (3) members;
the city shall publish notice under IC 5-3-1 of the increase or decrease
in members and state the total number of members appointed to the
board.
SECTION 15. IC 36-4-9-8, AS AMENDED BY P.L.33-2010,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 8. (a) This section applies only to third class
cities.
(b) The city executive shall appoint:
(1) a city civil engineer;
(2) a city attorney;
(3) a chief of the fire department;
(4) a chief of the police department; and
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(5) other officers, employees, boards, and commissions required
by statute.
(c) The board of public works and safety consists of three (3) or five
(5) members (as determined by the city executive). The members of the
board of public works and safety are:
(1) the city executive; and
(2) two (2) or four (4) persons appointed by the executive.
An individual who is appointed a member of the board serves at
the pleasure of the executive as long as the executive who appointed
the member continues to hold the office of executive. If the
executive increases the number of board members from three (3) to five
(5) members or decreases the number of board members from five (5)
to three (3) members, the city shall publish notice under IC 5-3-1 of the
increase or decrease in members and state the total number of members
appointed to the board. IC 36-4-4-2 notwithstanding, a member may
hold other appointive or elective positions in city government during
the member's tenure. IC 36-4-11-2 applies to board member
appointments under this section. The city clerk is the clerk of the board.
(d) If the city legislative body adopts an ordinance under IC 36-4-12
to employ a city manager, the executive may appoint the city manager
to a position on the board of public works and safety in place of the
executive.
(e) The city executive may appoint a public safety director to:
(1) serve as the chief administrative officer of; and
(2) oversee the operations of;
the police department and fire department. The city executive shall
determine the qualifications of the public safety director.
SECTION 16. IC 36-7-4-218, AS AMENDED BY P.L.127-2017,
SECTION 171, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 218. (a) When an initial term of
office of a citizen member expires, each new appointment of a citizen
member is:
(1) for a term of four (4) years (in the case of a municipal, county,
or area plan commission);
(2) for a term of three (3) years (in the case of a metropolitan plan
commission); or
(3) for a term of one (1), two (2), or three (3) years, as designated
by the appointing authority (in the case of the metropolitan
development commission).
A member serves until the member's successor is appointed and
qualified. A member is eligible for reappointment.
(b) ADVISORY. Upon the establishment of a nine (9) member
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municipal plan commission, the citizen members shall initially be
appointed for the following terms of office:
(1) One (1) for a term of two (2) years.
(2) Two (2) for a term of three (3) years.
(3) Two (2) for a term of four (4) years.
Upon the establishment of a seven (7) member municipal plan
commission, two (2) citizen members shall initially be appointed for a
term of three (3) years and two (2) shall initially be appointed for a
term of four (4) years. Each member's term expires on the first Monday
of January of the second, third, or fourth year, respectively, after the
year of the member's appointment.
(c) ADVISORY. Upon the establishment of a county plan
commission, the citizen members shall initially be appointed for the
following terms of office:
(1) One (1) for a term of one (1) year.
(2) One (1) for a term of two (2) years.
(3) One (1) for a term of three (3) years.
(4) Two (2) for a term of four (4) years.
Each member's term expires on the first Monday of January of the first,
second, third, or fourth year, respectively, after the year of the
member's appointment.
(d) ADVISORY. Upon the establishment of a metropolitan plan
commission, the citizen members shall initially be appointed for the
following terms of office:
(1) Three (3) for a term of one (1) year, one (1) appointed by the
county legislative body and two (2) by the city executive.
(2) Two (2) for a term of two (2) years, one (1) by each appointing
authority.
(3) Two (2) for a term of three (3) years, one (1) by each
appointing authority.
(e) AREA. If there is one (1) citizen member on the area plan
commission, the member's initial term of office is one (1) year. If there
are two (2) citizen members, one (1) shall be appointed for a term of
one (1) year and one (1) for a term of two (2) years. If there are three
(3) or more citizen members, one (1) shall be appointed for a term of
one (1) year, one (1) for a term of two (2) years, one (1) for a term of
three (3) years, and any remainder for a term of four (4) years. Each
member's term expires on the first Monday of January of the first,
second, third, or fourth year, respectively, after the year of the
member's appointment.
(f) ADVISORY)AREA. The appointing authority may remove a
member from the plan commission for cause. An individual who is
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appointed a member of the plan commission serves at the pleasure
of the member's appointing authority as long as:
(1) the officeholder who appointed the individual continues to
hold the office; or
(2) the board, committee, or body that appointed the
individual retains all of the same members who served on the
board, committee, or body when the individual was appointed.
If subdivision (1) or (2) does not apply, the individual may only be
removed for cause. To remove a member for cause, the appointing
authority must mail notice of the removal, along with written reasons
for the removal, to the member at the member's residence address. A
member who is removed may, within thirty (30) days after receiving
notice of the removal, appeal the removal to the circuit or superior
court of the county. The court may, pending the outcome of the appeal,
order the removal or stay the removal of the member.
(g) METRO. The appointing authority may remove a citizen
member from the metropolitan development commission. The
appointing authority must mail notice of the removal, along with
written reasons, if any, for the removal, to the member at the member's
residence address. A member who is removed may not appeal the
removal to a court or otherwise.
SECTION 17. IC 36-7-4-906, AS AMENDED BY P.L.127-2017,
SECTION 175, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 906. (a) ADVISORY)AREA.
When an initial term of office expires, each new appointment is for a
term of four (4) years.
(b) ADVISORY)AREA. Upon the establishment of a division of
the board of zoning appeals, the members shall initially be appointed
as provided in the zoning ordinance for the following terms of office:
(1) One (1) for a term of one (1) year.
(2) One (1) for a term of two (2) years.
(3) One (1) for a term of three (3) years.
(4) Two (2) for a term of four (4) years.
(c) ADVISORY)AREA. Under subsection (b), each term expires
on the first Monday of January of the first, second, third, or fourth year,
respectively, after the year of the member's appointment.
(d) METRO. Each appointment of a member of a division of a board
of zoning appeals is for a term of one (1) year.
(e) METRO. The appointing authority may remove a member from
the metropolitan board of zoning appeals. The appointing authority
must mail notice of the removal, along with written reasons, if any, for
the removal, to the member at the member's residence address. A
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member who is removed may not appeal the removal to a court or
otherwise.
(f) ADVISORY)AREA. The appointing authority may remove a
member from the board of zoning appeals for cause. An individual
who is appointed a member of the board of zoning appeals serves
at the pleasure of the member's appointing authority as long as:
(1) the officeholder who appointed the individual continues to
hold the office; or
(2) the board, committee, or body that appointed the
individual retains all of the same members that served on the
board, committee, or body when the individual was appointed.
If subdivision (1) or (2) does not apply, the individual may only be
removed for cause. To be removed for cause, the appointing
authority must mail notice of the removal, along with written reasons
for the removal, to the member at the member's residence address. A
member who is removed may, within thirty (30) days after receiving
notice of the removal, appeal the removal to the circuit or superior
court of the county.
(g) A member of a board of zoning appeals serves until the
member's successor is appointed and qualified. A member is eligible
for reappointment.
SECTION 18. IC 36-7-12-14, AS AMENDED BY P.L.127-2017,
SECTION 196, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 14. (a) An economic development
commissioner of an economic development commission established
under section 8 of this chapter may be removed from office for
good cause as provided in subsection (c).
(b) This subsection does not apply to an economic development
commission established under section 8 of this chapter. An
individual who is an appointed member serves at the pleasure of
the member's appointing authority as long as:
(1) the city or town executive who appointed the individual
continues to hold the office; or
(2) the county executive that appointed the individual retains
all of the same members who served on the body when the
individual was appointed.
If subdivision (1) or (2) does not apply, the individual may only be
removed for good cause.
(c) An economic development commissioner may be removed from
office for neglect of duty, incompetency, inability to perform the
commissioner's duties, or any other good cause, by the executive or
fiscal body that selected or nominated the commissioner. The
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commissioner removed may obtain judicial review of the removal by
filing a complaint in a circuit or superior court in the county, and the
burden of proof is upon the executive or fiscal body that removed the
commissioner. The cause shall be placed on the advanced calendar and
be tried as other civil causes are tried by the court, without a jury. The
court's judgment may be appealed in the same manner as any civil
action.
SECTION 19. IC 36-7-14.5-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 8. (a) The board is
composed of three (3) members, who must be residents of the unit
appointed by the executive of the unit.
(b) A member is entitled to serve a three (3) year term. A member
may be reappointed to subsequent terms.
(c) If a vacancy occurs on the board, the executive of the unit shall
fill the vacancy by appointing a new member for the remainder of the
vacated term.
(d) A board member for a board established in a county
containing a consolidated city may be removed for cause by the
executive of the unit.
(e) This subsection applies to a board established in a county
that does not contain a consolidated city. An individual who is
appointed a board member serves at the pleasure of the member's
appointing authority as long as:
(1) the city or town executive who appointed the member
continues to hold the office of city or town executive; or
(2) the county executive that appointed the individual retains
all of the same members that served on the body when the
individual was appointed.
If subdivision (1) or (2) does not apply, the individual may only be
removed for cause.
(e) (f) Each member, before entering upon the duties of office, must
take and subscribe an oath of office under IC 5-4-1, which shall be
endorsed upon the certificate of appointment and filed with the records
of the board.
(f) (g) A member may not receive a salary, and no profit or money
of the authority inures to the benefit of a member.
SECTION 20. IC 36-8-9-3.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 3.1. (a) An ordinance
adopted under section 2 of this chapter must provide as follows:
(1) The board must consist of either of the following number of
members:
(A) Three (3) members. If the ordinance provides for a three
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(3) member board, not more than two (2) board members may
be members of the same political party, if individuals who
satisfy this requirement can be found to serve on the board.
(B) Five (5) members. If the ordinance provides for a five (5)
member board, not more than three (3) board members may be
members of the same political party, if individuals who satisfy
this requirement can be found to serve on the board.
(2) Each board member must be a resident of the town.
(3) The town legislative body shall appoint each board member.
(4) Except as provided in subdivision (5), the term of each board
member expires January 1 of the third year after the member's
appointment.
(5) The ordinance must provide for staggered terms of the board
members and the method for staggering the terms. If the board has
three (3) members, the term of one (1) board member must expire
each year. If the board has five (5) members, the terms of not
more than two (2) board members may expire each year.
(6) The town legislative body may remove a board member for
any cause that the legislative body considers sufficient.
(7) The town legislative body may not appoint a police officer
employed by the town to serve on the board.
(b) The ordinance may provide that a member of the town
legislative body may serve as an ex officio member of the board. If the
ordinance permits members of the town legislative body to serve as
members of the board, the following apply:
(1) The ordinance must state the maximum number of board
members that may also be members of the town legislative body.
(2) The ordinance must provide either of the following:
(A) That a board member vacates the member's position on the
board when the member is no longer a member of the town
legislative body.
(B) That a board member may continue to serve until the end
of the board member's term even if the board member vacates
the member's position on the town legislative body.
(3) A board member who is also a member of the town legislative
body may not receive compensation as a board member provided
under subsection (g).
(4) A board member who is also a member of the town legislative
body is not required to post the bond required by subsection (f).
(c) This subsection does not apply to a board member who is a
member of the town legislative body. Before performing any function
of a board member, an individual shall take and subscribe an oath or
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affirmation of office before the circuit court clerk of the county in
which the town is located.
(d) This subsection applies to all board members. Before performing
any function of a board member, an individual shall take and subscribe
an oath or affirmation:
(1) before the circuit court clerk of the county in which the town
is located; or
(2) administered by any of the individuals granted notary
powers under IC 33-42-9-7, in the case of a reorganized
political subdivision (as defined in IC 36-1.5-2-7);
that, in each appointment or removal made by the board to or from the
town police department under this chapter, the board member will not
appoint or remove a member of the town police department because of
the political affiliation of the person or for another cause or reason
other than that of the fitness of the person.
(e) The circuit court clerk shall file oaths and affirmations required
by this section among the circuit court clerk's records.
(f) This subsection does not apply to a board member who is a
member of the town legislative body. A board member shall give bond
in the penal sum of five thousand dollars ($5,000), payable to the state
and conditioned upon the faithful and honest discharge of the member's
duties. The bond must be approved by the town legislative body.
(g) The town legislative body shall fix the salary of board members
who are not members of the town legislative body. A board member's
salary is payable monthly out of the town treasury.
(h) If the board has three (3) members, the town legislative body
may amend the ordinance at any time to increase the number of board
members to five (5). The amended ordinance and the appointment of
board members must satisfy all the requirements of subsection (a).
(i) A board established in compliance with section 3 of this chapter
(before its repeal) is considered a board established under this section.
A town legislative body may amend an ordinance adopted in
compliance with section 3 of this chapter (before its repeal) as provided
in this section.
SECTION 21. IC 36-9-13-18, AS AMENDED BY P.L.127-2017,
SECTION 309, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 18. (a) This subsection only
applies to an individual who is appointed a trustee by a county
executive of a county that does not contain a consolidated city. A
trustee serves at the pleasure of the county executive as long as the
county executive retains all of the same members who served on
the body when the individual was appointed. If any of the members
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on the county executive changes, the trustee may only be removed
under subsection (b).
(a) (b) A person seeking the removal of a trustee for:
(1) neglect of duty;
(2) incompetence;
(3) inability to perform the trustee's duties; or
(4) any other good cause;
may file a complaint in the circuit or superior court for the county in
which the building authority is located. The complaint must set forth
the charges preferred. The action shall be placed on the court's
advanced calendar, and the court shall try the action in the same
manner as other civil cases, without a jury. If the charges are sustained,
the court shall declare the trustee's office vacant.
(b) (c) The trustees may summarily remove a director from office at
any time.
SECTION 22. IC 36-9-27-5, AS AMENDED BY P.L.278-2019,
SECTION 194, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 5. (a) Except in a county having a
consolidated city or as provided in subsection (d), (c), the drainage
board consists of either:
(1) the county executive; or
(2) three (3) or five (5) persons, at least one (1) of whom must be
a member of the executive, appointed by the executive;
at the option of the executive. Appointees under subdivision (2) must
be resident freeholders of the county who are knowledgeable in
drainage matters. Freeholders appointed to the board serve for terms of
three (3) years, with their initial appointments made so as to provide for
staggering of terms on an annual basis. In addition, the county surveyor
serves on the board as an ex officio, nonvoting member.
(b) This subsection only applies to an individual appointed as a
member under subsection (a)(2) by a county executive of a county
that does not contain a consolidated city. A drainage board
member serves at the pleasure of the county executive as long as
the county executive that appointed the individual retains all of the
same members who served on the body when the individual was
appointed.
(b) (c) In a county having a consolidated city, the board of public
works of the consolidated city comprises the drainage board, subject to
IC 36-3-4-23.
(c) (d) In a county having a consolidated city, the department of
public works of the consolidated city has all the powers, duties, and
responsibilities of the county surveyor under this chapter, subject to
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IC 36-3-4-23.
SECTION 23. IC 36-9-27.4-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 2. As used in this
chapter, "drainage board" means the following:
(1) Except as provided in subdivision (2):
(A) the county board of commissioners, as provided in
IC 36-9-27-5(a)(1); or
(B) the drainage board appointed by the board of
commissioners under IC 36-9-27-5(a)(2).
(2) In a county having a consolidated city, the board of public
works of the consolidated city, as provided in IC 36-9-27-5(b).
IC 36-9-27-5(c).
SECTION 24. IC 36-10-3-6, AS AMENDED BY P.L.127-2017,
SECTION 377, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 6. An individual who is appointed
a member serves at the pleasure of the member's appointing
authority as long as:
(1) the officeholder who appointed the individual continues to
hold the office; or
(2) the board, committee, or body that appointed the
individual retains all of the same members who served on the
board, committee, or body when the individual was appointed.
If subdivision (1) or (2) does not apply, the A member may be
removed only for cause, upon specific written charges filed against the
member. The charges shall be filed with and heard by the appointing
authority, unless the appointing authority is bringing the charges. If the
appointing authority is bringing the charges, the unit's fiscal body shall
appoint a hearing officer. The person to hear the charges shall fix a date
for a public hearing and give public notice at least ten (10) days in
advance of the hearing. At the hearing the member is entitled to present
evidence and argument and to be represented by counsel.
SECTION 25. IC 36-10-3-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 11. (a) The board may:
(1) subject to subsection (d), enter into contracts and leases for
facilities and services;
(2) contract with persons for joint use of facilities for the
operation of park and recreation programs and related services;
(3) contract with another board, a unit, or a school corporation for
the use of park and recreation facilities or services, and a
township or school corporation may contract with the board for
the use of park and recreation facilities or services;
(4) subject to subsection (d), acquire and dispose of real and
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personal property, either within or outside Indiana;
(5) subject to subsection (d), exercise the power of eminent
domain under statutes available to municipalities;
(6) sell, lease, or enter into a royalty contract for the natural or
mineral resources of land that it owns, the money received to be
deposited in a nonreverting capital fund of the board;
(7) engage in self-supporting activities as prescribed by section 22
of this chapter;
(8) contract for special and temporary services and for
professional assistance;
(9) delegate authority to perform ministerial acts in all cases
except where final action of the board is necessary;
(10) prepare, publish, and distribute reports and other materials
relating to activities authorized by this chapter;
(11) sue and be sued collectively by its legal name, as the
"__________ (unit's name) Park and Recreation Board", with
service of process being had upon the president of the board, but
costs may not be taxed against the board or its members in any
action;
(12) invoke any legal, equitable, or special remedy for the
enforcement of this chapter, a park or recreation ordinance, or the
board's own action taken under either; and
(13) release and transfer, by resolution, a part of the area over
which it has jurisdiction for park and recreational purposes to
park authorities of another unit for park and recreational purposes
upon petition of the park or recreation board of the acquiring unit.
(b) The board may also lease any buildings or grounds belonging to
the unit and located within a park to a person for a period not to exceed
fifty (50) years. The lease may authorize the lessee to provide upon the
premises educational, research, veterinary, or other proper facilities for
the exhibition of wild or domestic animals in wildlife parks, dining
facilities, swimming facilities, golf courses, skating facilities, dancing
facilities, amusement rides generally found in amusement parks, or
other recreational facilities. A lease may be made for more than one (1)
year only to the highest and best bidder, after notice that the lease will
be made has been given by publication in accordance with IC 5-3-1.
(c) Notwithstanding subsection (b), the board may lease buildings
or grounds belonging to the unit for a period of more than one (1) year
without soliciting the highest and best bidder or providing notice under
IC 5-3-1 if:
(1) the buildings or grounds are leased to an Indiana nonprofit
corporation;
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(2) the buildings or grounds are operated as a public golf course;
and
(3) the golf course remains subject to rules and regulations
promulgated by the board.
(d) This subsection applies after June 30, 2026. Except as
otherwise provided by this subsection, before the board may:
(1) exercise the power of eminent domain under subsection
(a)(5);
(2) enter into a contract under subsection (a)(1) with a total
cost exceeding the lesser of:
(A) five hundred thousand dollars ($500,000); or
(B) ten percent (10%) of the department's annual budget;
(3) acquire real or personal property under subsection (a)(4)
with a total cost exceeding the lesser of:
(A) five hundred thousand dollars ($500,000); or
(B) ten percent (10%) of the department's annual budget;
or
(4) approve capital improvements to park facilities or
property with a total cost exceeding the lesser of:
(A) five hundred thousand dollars ($500,000); or
(B) ten percent (10%) of the department's annual budget;
the board must obtain approval by the executive of each applicable
unit that established the department under this chapter. The board
shall provide the applicable unit executive a description of the cost
of the service, property, or capital improvement described in
subdivisions (1) through (4) and a description of the manner in
which the cost will be paid by the board or department.
SECTION 26. IC 36-10-4-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 4. (a) By February 1
each year, the executive shall appoint a commissioner to fill the
vacancy caused by the expiration of a term. Each commissioner
appointed holds office for a term of four (4) years, beginning with
January 1 in the year of appointment. If a vacancy occurs on the board,
the executive shall appoint a commissioner for the remainder of the
term.
(b) A commissioner serves at the pleasure of the executive as
long as the executive who appointed the commissioner continues to
hold the office of executive. If the executive who appointed the
commissioner no longer holds the office of executive, the
commissioner may not be removed from office except upon charges
preferred in writing before the executive, with a hearing held on them.
If the executive is bringing the charges, the fiscal body shall appoint a
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hearing officer. The only permissible reasons for removal are as
follows:
(1) Inefficiency.
(2) Neglect of duty.
(3) Malfeasance in office.
SECTION 27. IC 36-10-5-2, AS AMENDED BY P.L.277-2019,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. (a) This section applies to:
(1) third class cities and towns, unless otherwise provided by law;
and
(2) each second class city that:
(A) adopted second class city status by ordinance under
IC 36-4-1-1.1, as a result of the 2010 federal decennial census;
and
(B) has adopted all or part of this section by ordinance or
resolution.
(b) As used in this section, "park authority" means:
(1) the municipal legislative body; or
(2) any of the following designated by the legislative body as the
park authority:
(A) The governing body of the school corporation.
(B) A recreation board.
(C) The municipal works board.
(D) Any other appropriate board or commission.
(c) If a recreation board is established under subsection (b)(2)(B),
it must consist of five (5) resident freeholders appointed by the city
executive or the town legislative body. At least one (1) member must
be a member of the governing body of the school corporation and no
members may serve on the municipal legislative body. All members
must be qualified by an interest in and knowledge of the social and
educational value of recreation. The members serve without
compensation. The members shall be appointed for four (4) year terms
from January 1 of the year of their appointment or until their successors
are appointed. The initial terms of board members, however, are as
follows:
(1) One (1) for a term of one (1) year.
(2) One (1) for a term of two (2) years.
(3) One (1) for a term of three (3) years.
(4) Two (2) for terms of four (4) years.
A vacancy shall be filled by the appointing authority for the remainder
of the unexpired term.
(d) A member serves at the pleasure of the member's appointing
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authority as long as:
(1) the city executive who appointed the member continues to
hold the office of city executive; or
(2) the town legislative body that appointed the individual
retains all of the same members that served on the body when
the individual was appointed.
(d) (e) The park authority shall manage all public parks, including
approaches, that belong to the municipality.
(e) (f) If a municipality decides, by ordinance, to establish, lay out,
or improve a public park or grounds, or to make an extension of a park
or grounds, it may locate the park or grounds, including appurtenances,
and it may lay out and open the public ways necessary for the
improvement. If it is necessary to acquire land, water rights, or
easements, or a pool, lake, or natural stream of water, the park authority
may condemn that property and take possession of it if it is located
within the corporate boundaries of the municipality. Before the park
authority condemns the property, it shall assess the damages to the
owners of the property at a meeting of the authority. Additional
condemnation proceedings are the same as those provided for the
taking of property to open streets.
(f) (g) The park authority may adopt rules concerning the laying out,
improvement, preservation, ornamentation, and management of parks.
The park authority shall allow monuments or buildings for libraries,
works of art, or historical collections to be erected in a park, as long as
they are under the control of the persons in charge of the park and no
inclosure separates them from the rest of the park.
(g) (h) The legislative body of the municipality may also levy a tax
on all taxable property in the municipality to pay for park property and
for its improvement. The legislative body may also borrow money and
issue the bonds of the municipality at any rate of interest payable
annually or semiannually and may sell them for at least par value. The
money derived from the sale of bonds may be used only for the
purchase or improvement of parks. The legislative body shall annually
levy a tax sufficient to pay the interest on the debt on all taxable
property in the municipality to create a sinking fund for the liquidation
of the principal of the debt.
(h) (i) If the park authority of a city decides to lease any buildings
or grounds belonging to the city and located in a public park when they
are not required for public use, the proceeds shall be deposited with the
city fiscal officer to the credit of park funds and devoted to the
improvement of public parks.
(i) (j) Any nonreverting fund that was created under IC 19-7-6
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(before its repeal on September 1, 1981) continues until abolished by
ordinance of the municipal legislative body. The legislative body may
include in the park authority's annual budget an item and an
appropriation for the specific purposes of a nonreverting capital fund.
Money put in the fund may not be withdrawn except for the purposes
for which the fund was created, unless the legislative body repeals the
ordinance creating the fund. The repeal may not be made under
suspension of the rules. Money procured from fees shall be deposited
at least once each month with the municipal fiscal officer. The fiscal
officer shall deposit the money either in a special nonreverting
operating fund or in the nonreverting capital fund as directed by the
park authority. The legislative body may provide by ordinance that
expenditures may be made from the special nonreverting operating
fund without appropriation. Money from fees procured from golf
courses, swimming pools, skating rinks, or other similar facilities
requiring major expenditures for management and maintenance may
not be deposited in this fund. Money from either fund shall be
disbursed only on approved claims that are allowed and signed in the
same manner as other claims of the municipality are allowed and
signed.
SECTION 28. IC 36-10-5-5, AS AMENDED BY P.L.104-2022,
SECTION 220, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 5. (a) This section applies to a
municipality that:
(1) has a population of more than twenty-five thousand (25,000);
and
(2) is located in a county having a population of more than three
hundred thousand (300,000) and less than three hundred fifty
thousand (350,000).
(b) A municipal board consists of four (4) members appointed by
the executive of the municipality. A member shall be appointed on the
basis of the member's interest in and knowledge of parks and
recreation. The members may include the executive of the municipality
and one (1) or more members of the municipal fiscal body. The
ordinance creating a municipal board governed by this section may
provide for one (1) or two (2) ex officio members.
(c) An individual who is appointed a municipal board member
serves at the pleasure of the executive who appointed the
individual, as long as the executive continues to hold the office of
executive.
SECTION 29. IC 36-10-6-2, AS AMENDED BY P.L.127-2017,
SECTION 385, IS AMENDED TO READ AS FOLLOWS
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[EFFECTIVE JULY 1, 2026]: Sec. 2. (a) This section applies to all
counties.
(b) As used in this section, "board" refers to an area park board
established under this chapter.
(c) As used in this section, "district" refers to an area park district
established under this chapter.
(d) Two (2) or more counties may establish an area park district for
the purposes of establishing, owning, maintaining, and controlling one
(1) or more public parks for the use and benefit of the residents of those
counties. To establish a district, the legislative body of each county
desiring to join shall adopt substantially identical ordinances indicating
this intention. Before the ordinances take effect, they must be published
in their respective counties in accordance with IC 5-3-1. Within ten
(10) days after the publication of the ordinance, the auditor of each
county shall file a certified copy of the ordinance with the auditor of
each of the other counties involved. When the ordinances have been
adopted and filed by all the counties joining, the district is considered
established. All of the territory of the counties joining comprises the
district.
(e) Within ten (10) days after the publication of the ordinance, any
registered voter may notify the legislative body of the voter's intent to
file a remonstrance petition. Within sixty (60) days after this notice,
petitions for and against the county's joining in the proposed district
may be filed with the legislative body. The petitions must be signed
and acknowledged by registered voters of the county. The petition that
contains the greater number of signatures prevails.
(f) Within thirty (30) days after the establishment of the district, the
legislative body of each county joining shall appoint members to the
area park board. Each county may appoint one (1) member to the
board. In addition, each county may appoint an additional member for
each fifty thousand (50,000) residents or fraction thereof of that
county's population. Each member must be a resident of the county
from which the member is appointed, and at least one (1) member from
each county must be an elected official of that county. Members serve
for terms of four (4) years and may be reappointed. An individual who
is appointed a member serves at the pleasure of the county
legislative body as long as the county legislative body retains the
same members who served on the body when the individual was
appointed. Vacancies shall be filled by the appointing authority for the
unexpired term of the vacating member.
(g) The board shall meet within thirty (30) days after the
appointment of all members. Notice of the meeting shall be given by
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the auditor of the county that passed the first ordinance to establish the
district. At the meeting the board shall elect one (1) of its members
chair and one (1) secretary and shall adopt rules of order that it
considers necessary. The board shall then meet at times and places that
it determines. Members serve on the board without compensation.
However, all members except the elected official members are entitled
to receive a per diem and mileage for time spent in the performance of
their duties.
(h) Except as provided in subsection (i), the board has all of the
powers of a board under IC 36-10-3 except the power of eminent
domain.
(i) The board may levy a tax for the establishment, purchase,
maintenance, and control of the parks established and controlled by the
board, but the tax may not exceed one and sixty-seven hundredths cents
($0.0167) for each one hundred dollars ($100) of assessed valuation of
property in the district. When the board determines the rate of the levy,
the board shall certify it to each county auditor. The levy shall then be
placed upon the tax duplicate of each county in the district, and the tax
shall be collected in the same manner as other taxes are collected. All
money received for the district shall be paid into the treasury of the
county with the greatest population. The money shall be deposited and
kept as other public funds are deposited and kept, and interest earned
on the money shall be credited to the area park fund. Money may be
paid out by the treasurer only upon the written order of the board.
(j) A county may withdraw from a district only upon a two-thirds
(2/3) vote of its legislative body. If a county decides to withdraw from
a district, the date of withdrawal must be effective on January 1 of a
year at least one (1) year after the date upon which the county voted to
withdraw.
SECTION 30. IC 36-10-8-4, AS AMENDED BY P.L.229-2011,
SECTION 267, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 4. (a) The board is composed of
seven (7) members.
(b) The county executive shall determine in the creating ordinance
which units within the county shall make appointments to the board. In
addition, the creating ordinance must provide that no more than four
(4) of the members be affiliated with the same political party. The
creating ordinance must also provide staggered terms for the
appointments.
(c) Notwithstanding subsection (b), if a board was created under
IC 18-7-18 (before its repeal on February 24, 1982), three (3) members
shall be appointed by the executive of the second class city and three
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(3) members shall be appointed by the executive of the county. Those
members shall select the seventh member, who serves as president.
One (1) of the members appointed by the city executive must be
engaged in the hospitality industry in the city. No more than two (2) of
the members appointed by the city executive may be affiliated with the
same political party and no more than two (2) of the members
appointed by the county executive may be affiliated with the same
political party. In addition, each member must have been a resident of
the county for at least one (1) year immediately preceding the member's
appointment. Initial terms of the members are as follows:
(1) One (1) of the members appointed by each appointing
authority for a term ending January 15 of the year following the
appointment.
(2) Two (2) of the members appointed by each appointing
authority for a term ending January 15 of the second year
following the appointment.
(3) The seventh member serves for a term ending January 15 of
the second year following the appointment.
(d) Subsequent terms of members are for two (2) years. All terms
begin on January 15. A member serves until a successor is appointed
and qualified. A member may be reappointed after the member's term
has expired.
(e) If a vacancy occurs on the board, the appointing authority shall
appoint a new member. That member serves for the remainder of the
vacated term.
(f) An individual who is appointed a member serves at the
pleasure of the member's appointing authority as long as:
(1) the officeholder who appointed the individual continues to
hold the office; or
(2) the board, committee, or body that appointed the
individual retains all of the same members that served on the
board, committee, or body when the individual was appointed.
If subdivision (1) or (2) does not apply, A the board member may be
removed for cause by the appointing authority. who appointed the
member.
(g) Each member, before entering upon the member's duties, shall
take and subscribe an oath of office in the usual form. The oath shall
be endorsed upon the member's certificate of appointment. The
certificate shall be promptly filed with the records of the board.
However, if the board was created under IC 18-7-18 (before its repeal
on February 24, 1982), the certificate shall be filed with the clerk of the
circuit court of the county in which the board is created.
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(h) A member may not receive a salary, but is entitled to
reimbursement for any expenses necessarily incurred in the
performance of the member's duties.
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Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1161 — ConcurEvery fact on this page links to its source, starting with the official bill record.