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
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2025 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 270
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 36-1.5-4-4.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025 (RETROACTIVE)]: Sec. 4.5. (a) This
section applies to a reorganization that has begun under this
chapter after November 1, 2025, and before November 30, 2025.
(b) Notwithstanding any other provision of this chapter, the
legislative body of a county may not unilaterally require a unit
participating in a reorganization under this chapter to be added to
an existing fire protection district:
(1) during negotiations regarding the reorganization among
the participating units;
(2) after the date on which a plan of reorganization is finally
adopted by all participating units; or
(3) as part of a reorganization in a finally approved plan of
reorganization.
(c) This section expires January 1, 2027.
SECTION 2. IC 36-1.5-4-13, AS AMENDED BY P.L.202-2013,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 13. (a) The legislative body of a political
subdivision that receives a certified resolution under section 10 or 12
of this chapter may shall do any of the following:
(1) Adopt a resolution declining to participate in a proposed
SEA 270 — Concur
2
reorganization. The resolution must detail why the political
subdivision does not wish to participate in the reorganization.
(2) Adopt a substantially identical resolution proposing to
participate in a proposed reorganization with the political
subdivisions named in a resolution certified to the political
subdivision.
(3) Adopt a resolution proposing to participate in a proposed
reorganization with political subdivisions that differ in part or in
whole from the political subdivisions named in a resolution
certified to the political subdivision.
(b) The clerk of the political subdivision adopting a resolution
proposing a reorganization under this section shall certify the
resolution to the clerk of each political subdivision named in the
resolution.
SECTION 3. IC 36-1.5-4.1 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Chapter 4.1. Reorganization of Certain Designated Townships
Sec. 1. (a) This chapter does not apply to a township:
(1) located in a county having a consolidated city; or
(2) that, not later than June 30, 2027, has begun to consolidate
with another:
(A) township under IC 36-6-1.5; or
(B) unit under IC 36-1.5-4.
(b) This chapter applies only to a designated township that
satisfies all of the following criteria:
(1) At least eighty percent (80%) of the township's boundaries
coincide with a municipality's boundaries.
(2) At least fifty-one percent (51%) of the township's
population, as determined by the most recent federal
decennial census, resides within the corporate boundaries of
a municipality described in subdivision (1).
Sec. 2. To the extent that other provisions in this article conflict
with this chapter, this chapter controls.
Sec. 3. As used in this chapter, "department" means the
department of local government finance.
Sec. 4. As used in this chapter, "designated township" has the
meaning set forth in IC 36-6-1.7-3.
Sec. 5. As used in this chapter, "plan" or "plan of
reorganization" means a plan of reorganization approved by the
legislative body of a recipient municipality under this chapter.
Sec. 6. As used in this chapter, "recipient municipality" means
SEA 270 — Concur
3
a municipality that is named by a designated township in a
resolution under section 13 of this chapter.
Sec. 7. As used in this chapter, "reorganization" means the
dissolution of a designated township and the transfer of township
property, functions, powers, and services to a municipality that is
the recipient municipality.
Sec. 8. As used in this chapter, "township office" refers to any
of the following:
(1) The office of township trustee elected as provided in
IC 36-6-4-2.
(2) The office of township assessor elected as provided in
IC 36-6-5-1 (if the office exists).
(3) The office of a member of the township board elected as
provided in IC 36-6-6-2.
Sec. 9. As used in this chapter, "township services" means the
following:
(1) Township assistance under IC 12-20 and IC 12-30-4.
(2) Provision of insulin to the poor under IC 12-20-16.
(3) Fire protection services under IC 36-8.
(4) Fence viewing under IC 32-26.
(5) Provision and maintenance of cemeteries under IC 23-14.
(6) Provision and maintenance of township parks and
community centers under IC 36-10.
(7) Destruction of detrimental plants, noxious weeds, and rank
vegetation under IC 15-16-8.
(8) Any other services required by statute to be provided by
a township.
Sec. 10. As used in this chapter, "township services district"
means a service district that is located within the boundaries of the
reorganized designated township in which the recipient
municipality imposes a township services district levy.
Sec. 11. As used in this chapter, "township services district levy"
means the budget, tax rate, and tax levy imposed by the recipient
municipality within the boundaries of a township services district.
Sec. 12. (a) On January 1, 2029, each designated township that
meets the criteria described in section 1(b) of this chapter is
dissolved. All of the following occur:
(1) The term of office of an individual who holds a township
office ends on December 31, 2028. An election for a township
office shall not be held in 2029 or thereafter.
(2) The:
(A) powers and duties of the office of township trustee are
SEA 270 — Concur
4
transferred to the executive of the recipient municipality;
(B) legislative powers and duties of the office of township
board members are transferred to the legislative body of
the recipient municipality;
(C) fiscal powers and duties of the office of township board
members are transferred to the fiscal body of the recipient
municipality; and
(D) powers and duties of the township assessor (if the office
exists) are transferred to the county assessor.
(3) The boundaries of the dissolved township remain as the
boundaries of the service area within which the recipient
municipality provides township services.
(4) If a designated township participates in a fire protection
territory or fire protection district, the fire protection
territory or fire protection district is unaffected by the
reorganization and the area within the boundaries of the
dissolved township remain a part of the fire protection
territory or fire protection district after reorganization. The
recipient municipality succeeds the designated township in the
designated township's role as:
(A) a participating unit that is not a provider unit in the
fire protection territory; or
(B) a participant in the fire protection district;
for the area within the boundaries of the dissolved designated
township.
(5) The balance in the general fund of the designated township
shall be transferred to the general fund of the recipient
municipality.
(6) The balance in the township assistance fund of a
designated township shall be transferred to a township
assistance fund established by the recipient municipality.
(7) The balance of a fund for which the township imposes
property taxes that are not subject to the maximum ad
valorem levy limits under IC 6-1.1-18.5 to pay for debt service
shall be transferred to the fund of the recipient municipality
for which the recipient municipality imposes property taxes
that are not subject to the maximum ad valorem levy limits
under IC 6-1.1-18.5 to pay for debt service. If the recipient
municipality does not have such a fund as of January 1, 2029,
the designated unit shall establish the fund. If a township has
more than one fund for which the township imposes property
taxes that are not subject to the maximum ad valorem levy
SEA 270 — Concur
5
limits under IC 6-1.1-18.5 to pay for debt service, then the
designated unit shall establish one fund for each fund for
which the township imposes property taxes that are not
subject to the maximum ad valorem levy limitations under
IC 6-1.1-18.5 to pay for debt service.
(8) Subject to section 29 of this chapter, the property and
liabilities of the designated township become the property and
liabilities of the recipient municipality.
(b) IC 36-1-8-5 does not apply to a balance referred to in
subsection (a).
Sec. 13. (a) The legislative body of a designated township:
(1) at least eighty percent (80%) of the township's boundaries
coincide with a municipality's boundaries; and
(2) at least fifty-one percent (51%) of the township's
population resides within the corporate boundaries of a
municipality described in subdivision (1);
shall adopt a resolution not later than October 1, 2027, that
proposes a reorganization with the municipality described in this
subsection.
(b) The township trustee of the designated township shall certify
the resolution to:
(1) the county clerk; and
(2) if the recipient municipality is a municipality, the clerk of
the municipality.
(c) The recipient municipality and the designated township shall
appoint a joint board under section 15 of this chapter.
Sec. 14. If a recipient municipality is named by two (2) or more
designated townships in resolutions under section 13 of this
chapter, the recipient municipality may:
(1) appoint a single joint board under section 15 of this
chapter; and
(2) prepare and adopt a single plan of reorganization;
to govern the reorganization of the townships, instead of
appointing separate boards and adopting separate plans for each
of the townships.
Sec. 15. (a) A joint board shall consist of the following:
(1) Two (2) members of the township board of each township
participating in the reorganization, selected by the members
of the township board.
(2) Four (4) members of the legislative body of the designated
municipality, selected by the members of the body.
(3) The township trustee of each township participating in the
SEA 270 — Concur
6
reorganization.
(4) The deputy township trustee or a full-time township
employee of each township participating in the
reorganization.
The fiscal officer of the designated municipality, and other
members of the bodies under subdivisions (1) and (2), shall serve
as advisory, nonvoting members.
(b) A majority of the voting members constitutes a quorum.
Official action may only be taken by affirmative vote of at least a
majority of members present at the meeting.
(c) The members of a joint board serve without compensation.
The members are entitled to reimbursement from the reorganizing
township and recipient municipality for the necessary expenses
incurred in the performance of their duties.
(d) A joint board is subject to IC 5-14-1.5 and IC 5-14-3.
(e) The joint board shall prepare a reorganization plan not later
than March 1, 2028, for transferring the powers, duties, and
property of the designated township consistent with this chapter.
The joint board shall send the plan to the legislative body of the
recipient municipality for adoption.
(f) The legislative body of the recipient municipality may adopt
the plan as drafted or modify the plan before adoption.
Sec. 16. Elimination of a township office of a designated
township does not invalidate:
(1) any resolutions, fees, schedules, or other actions adopted
or taken by the township trustee or township assessor (if the
office exists) before January 1, 2029; or
(2) any appointments made by the township trustee or
township assessor (if the office exists) before January 1, 2029.
Sec. 17. (a) In 2028 and each year thereafter, the fiscal body of
the recipient municipality shall, in the manner provided by
IC 6-1.1-17, adopt a township services district levy for the ensuing
year.
(b) If a recipient municipality fails to adopt a township services
district levy, the township service district's most recently approved
township services levy is continued for the ensuing budget year.
Sec. 18. (a) This section applies if a part of the reorganized
township is located outside the boundaries of the municipality.
(b) The municipality shall establish:
(1) an urban township services district consisting of the area
of the designated township that is located within the
boundaries of the municipality; and
SEA 270 — Concur
7
(2) a rural township services district consisting of the area of
the designated township located outside the boundaries of the
municipality.
(c) Subject to subsection (d), a tax levied under this section may
be levied at:
(1) a uniform rate upon all taxable property within the
designated township; or
(2) different rates for the township service districts included
within the designated township, so long as a tax rate applies
uniformly to all of a township service district's taxable
property within the designated township.
(d) If a uniform tax rate is levied upon all taxable property
within a designated township upon reorganization, different tax
rates may be levied for the township service districts included
within the designated township in subsequent years.
(e) Not later than October 1 of a year, the municipality shall
submit the township services district levy for the rural township
service district to the county fiscal body for its approval. Not later
than October 15 of the year, the county fiscal body shall review the
proposed township service district levy for the rural township
service district. The county fiscal body may reduce or modify but
not increase the proposed township service district levy.
(f) If:
(1) the municipality fails to adopt a township service district
levy; or
(2) a county fiscal body does not adopt the township service
district levy for a rural township district within the time
specified under subsection (c);
the township service district's most recent township service district
levy approved by the municipality or county, whichever is
appropriate, is continued for the ensuing budget year.
(g) A tax levied by the recipient municipality under this chapter
after December 31, 2028, shall:
(1) be in an amount sufficient for the recipient municipality to
provide township services within a township service district;
and
(2) include amounts necessary to continue payment of any
debt service or obligation incurred by the township before
January 1, 2029, in accordance with the terms of the debt
service or obligation incurred.
Sec. 19. For purposes of the property tax levy limits under
IC 6-1.1-18.5, a tax levied by a recipient municipality under this
SEA 270 — Concur
8
chapter is included in the calculation of the maximum permissible
property tax levy for the recipient municipality. For property taxes
first due and payable in 2029, the recipient municipality's
maximum permissible ad valorem property tax levy under
IC 6-1.1-18.5 shall be increased by:
(1) the township's maximum permissible ad valorem property
tax levy under IC 6-1.1-18.5 for property taxes first due and
payable in 2028; multiplied by
(2) the maximum levy growth quotient under IC 6-1.1-18.5-2
for property taxes first due and payable in 2029.
The recipient municipality's maximum permissible ad valorem
property tax levy under IC 6-1.1-18.5 for property taxes first due
and payable in 2029 as adjusted under this section shall be used in
the determination of the recipient municipality's maximum
permissible ad valorem property tax levy under IC 6-1.1-18.5 for
property taxes first due and payable in 2030 and thereafter.
Sec. 20. (a) The plan of reorganization governs the actions,
duties, and powers of the recipient municipality and the designated
township that are not specified by law.
(b) The plan of reorganization must be consistent with this
chapter and include at least the following:
(1) A description of the township services provided by the
recipient municipality and the service areas in which the
services will be offered.
(2) The disposition of the personnel, the agreements, the
assets, and, subject to section 28 of this chapter, the liabilities
of the designated township, including the terms and conditions
upon which the transfer of property and personnel will be
achieved.
(3) Any other matter that the joint board determines to be
necessary or appropriate or to include in the plan of
reorganization.
(c) When the plan of reorganization is submitted to the recipient
municipality by the joint board, the recipient municipality shall
post a copy of the plan of reorganization on the website of the
recipient municipality not more than seven (7) days after receiving
the plan of reorganization from the joint board. If the plan of
reorganization is amended, the recipient municipality shall post the
amended plan on the website of the recipient municipality not later
than seven (7) days after the amended plan is adopted.
Sec. 21. The legislative body of the recipient municipality shall
certify the legislative body's final action on a plan of
SEA 270 — Concur
9
reorganization or revised plan of reorganization, as modified by
the legislative body, in the manner prescribed by the department
of local government finance, to each of the following:
(1) The clerk of the circuit court and, if the recipient
municipality is a municipality, the clerk of the municipality.
(2) The county fiscal officer of each county in which the
designated township is located.
(3) The county recorder of each county in which the
designated township is located.
(4) The county voter registration office of each county in
which the designated township is located.
Sec. 22. The legislative body of the recipient municipality shall
file a certified copy of the plan with each of the following at the
same time certifications are made under section 21 of this chapter:
(1) The county recorder of each county in which a
reorganizing political subdivision is located.
(2) The department of local government finance.
(3) The clerk of the circuit court.
Sec. 23. Each county recorder receiving a certification under
sections 21 and 22 of this chapter shall record the certification and
the plan of reorganization in the records of the county recorder
without charge. The county recorder shall notify the county
election board of each county in which the designated township is
located.
Sec. 24. The designated township is reorganized under the
conditions set forth in the plan of reorganization filed with the
county recorder under this chapter.
Sec. 25. The department of local government finance is
expressly directed to complete the duties assigned to it under
IC 6-1.1-17-16 with respect to the submitted property tax levies,
property tax rates, and budget as follows:
(1) For each budget year, not later than December 31 of the
year preceding that budget year, unless a taxing unit in a
county is issuing debt after December 1 in the year preceding
the budget year or intends to file a shortfall appeal under
IC 6-1.1-18.5-16.
(2) For each budget year, not later than January 15 of the
budget year if a taxing unit in a county is issuing debt after
December 1 in the year preceding the budget year or intends
to file a shortfall appeal under IC 6-1.1-18.5-16.
Sec. 26. (a) This section applies to a reorganization under this
chapter that involves:
SEA 270 — Concur
10
(1) the recipient municipality; and
(2) at least one (1) designated township;
all of which are participating units in the same fire protection
territory on the date the reorganization plan is finally adopted
under this chapter.
(b) The fiscal body of the recipient municipality may:
(1) establish an equipment replacement fund under
IC 36-8-19-8.5 and impose a property tax for the fund as
provided in IC 36-8-19-8.5; and
(2) take any other action under IC 36-8-19-8.5 that may be
taken under that section by a participating unit in a fire
protection territory.
(c) If a recipient municipality establishes an equipment
replacement fund under IC 36-8-19-8.5 as authorized by this
section, the department of local government finance may adjust the
maximum permissible ad valorem property tax levy that would
otherwise apply to the recipient municipality in the same manner
in which the department may adjust the maximum permissible ad
valorem property tax levy of a civil taxing unit under
IC 6-1.1-18.5-10.5 to meet the civil taxing unit's obligations to a fire
protection territory established under IC 36-8-19.
Sec. 27. (a) A recipient municipality has the powers granted by
statute to a designated township, including a power described in
subsection (b).
(b) Except as provided in the plan of reorganization, a recipient
municipality may do any of the following:
(1) Establish any fund that the designated township (either
acting on its own or jointly with another political subdivision)
was authorized to establish before January 1, 2029.
(2) Impose any tax levy or adopt any tax that the designated
township was authorized to impose or adopt before January
1, 2029.
Sec. 28. A plan of reorganization may establish within the
designated township, territories, or districts:
(1) in which specified services provided by the recipient
municipality will be provided at different levels, quantities, or
amounts; and
(2) in which the fees, charges, or taxes imposed by the
recipient municipality will vary depending on the level,
quantity, or amount of the services provided.
Sec. 29. The following apply:
(1) Indebtedness that was incurred by the recipient
SEA 270 — Concur
11
municipality or designated township before January 1, 2029:
(A) may not be imposed on taxpayers that were not
responsible for payment of the indebtedness before
January 1, 2029; and
(B) must be paid by the taxpayers that were responsible for
payment of the indebtedness before January 1, 2029.
(2) Pension obligations existing as of January 1, 2029:
(A) may not be imposed on taxpayers that were not
responsible for payment of the pension obligations before
January 1, 2029; and
(B) must be paid by the taxpayers that were responsible for
payment of the pension obligations before January 1, 2029.
Sec. 30. The following apply to a reorganization under this
chapter:
(1) Except as provided in subdivision (2):
(A) the recipient municipality is responsible after
December 31, 2028, for providing township services in all
areas of the designated township; and
(B) the recipient municipality retains the powers of the
designated township after December 31, 2028, in order to
provide township services as required by clause (A).
(2) Powers and duties of the recipient municipality may be
transferred as authorized in an interlocal cooperation
agreement approved under IC 36-1-7 or as authorized in a
cooperative agreement approved under IC 36-1.5-5.
(3) Section 27 of this chapter applies to the debt service levy
of the recipient municipality and to the department of local
government finance's determination of the new maximum
permissible ad valorem property tax levy for the recipient
municipality.
(4) The recipient municipality may not borrow money under
IC 36-6-6-14(b) or IC 36-6-6-14(c).
(5) The new maximum permissible ad valorem property tax
levy for the recipient municipality's firefighting and
emergency services fund under IC 36-8-13-4(a)(1) or the
combined levies for the firefighting fund and emergency
services fund described in IC 36-8-13-4(a)(2) is equal to:
(A) the result of:
(i) the maximum permissible ad valorem property tax
levy for the designated township's firefighting and
emergency services fund under IC 36-8-13-4(a)(1) or the
combined ad valorem property tax levies for the
SEA 270 — Concur
12
township firefighting fund and township emergency
services fund described in IC 36-8-13-4(a)(2), as
applicable, in 2028; multiplied by
(ii) the maximum levy growth quotient applicable for
property taxes first due and payable in 2029; plus
(B) any amounts borrowed by the designated township
under IC 36-6-6-14(b) or IC 36-6-6-14(c) in 2028.
Sec. 31. (a) Except as provided in subsections (c) through (d), a
political subdivision may not take an action described in subsection
(b) within a designated township after June 30, 2027.
(b) A political subdivision may not take any of the following
actions partially or wholly within a designated township after June
30, 2027, unless the recipient municipality agrees by adopting a
resolution:
(1) Initiate an annexation of territory.
(2) Establish a fire protection territory or fire protection
district.
(3) Extend water, sewer, or any other infrastructure to the
political subdivision.
(4) Expand zoning jurisdiction under IC 36-7-4-205.
(c) This chapter does not prohibit a recipient municipality from
taking an action under subsection (b) for the purpose of
implementing the plan of reorganization.
(d) A political subdivision may take an action described in
subsection (b) after December 31, 2028.
Sec. 32. (a) Except as otherwise provided in this section, until
the final plan of reorganization is approved by the legislative body
of the recipient municipality, the recipient municipality or
designated township may not promote a position on the
reorganization by doing any of the following:
(1) Using facilities or equipment, including mail and
messaging systems, owned by the recipient municipality or
designated township to promote a position on the
reorganization, unless equal access to the facilities or
equipment is given to persons with a position opposite to that
of the recipient municipality or designated township.
(2) Making an expenditure of money from a fund controlled
by the recipient municipality or designated township to
promote a position on the reorganization.
(3) Using an employee to promote a position on the
reorganization during the employee's normal working hours
or paid overtime, or otherwise compelling an employee to
SEA 270 — Concur
13
promote a position on the public question at any time.
However, if a person described in subsection (c) is advocating
for or against a position on the reorganization or discussing
the reorganization as authorized under subsection (c), an
employee of the recipient municipality or designated township
may assist the person in presenting information on the
reorganization if requested to do so by the person described
in subsection (c).
However, this section does not prohibit an official or employee of
the recipient municipality or designated township from carrying
out duties with respect to a reorganization that are part of the
normal and regular conduct of the official's or employee's office or
agency, including the furnishing of factual information regarding
the reorganization in response to inquiries from any person.
(b) This subsection does not apply to:
(1) a personal expenditure to promote a position on a
reorganization by an employee of the recipient municipality
or designated township whose employment is governed by a
collective bargaining contract or an employment contract; or
(2) an expenditure to promote a position on a reorganization
by a person or an organization that has a contract or an
arrangement (whether formal or informal) with the recipient
municipality or designated township solely for the use of the
political subdivision's facilities.
A person or an organization that has a contract or arrangement
(whether formal or informal) with the recipient municipality or
designated township to provide goods or services to the recipient
municipality or township may not spend any money to promote a
position on the reorganization. A person or an organization that
violates this subsection commits a Class A infraction.
(c) Notwithstanding any other law, an elected or appointed
official of a recipient municipality or designated township may:
(1) personally advocate for or against a position on a
reorganization; or
(2) discuss the reorganization with any individual, group, or
organization or personally advocate for or against a position
on a reorganization before any individual, group, or
organization;
so long as it is not done by using public funds. Advocacy or
discussion allowed under this subsection is not considered a use of
public funds.
Sec. 33. Nothing in this chapter shall be construed:
SEA 270 — Concur
14
(1) to constitute an annexation of a designated township by a
municipality under the provisions of this chapter; or
(2) as changing the corporate boundaries of a municipality
that is the recipient municipality of the dissolved designated
township.
SECTION 4. IC 36-6-1.5-5, AS AMENDED BY P.L.255-2013,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 5. (a) The township trustees, with the
approval of a majority of the members of the township legislative body
of each township that wants to merge township governments under this
chapter, must comply with this section.
(b) The township trustees must present identical resolutions
approving the township government merger to the trustees' respective
township legislative bodies. A township legislative body may adopt a
resolution under this chapter only after the legislative body has held a
public hearing concerning the proposed merger. The township
legislative body shall hold the hearing not earlier than thirty (30) days
after the date the resolution is introduced. The hearing shall be
conducted in accordance with IC 5-14-1.5 and notice of the hearing
shall be published in accordance with IC 5-3-1.
(c) The township legislative bodies may, and a township legislative
body merging under IC 36-6-1.7 shall, adopt the identical resolutions
approving the township government merger under this chapter not later
than ninety (90) days after the legislative body has held the public
hearing under subsection (b).
(d) The trustees of the participating townships shall jointly file a
copy of the identical resolutions with:
(1) the department of local government finance;
(2) the circuit court clerk; and
(3) the office of the secretary of state.
(e) This subsection does not apply to a merger under
IC 36-6-1.7. A township legislative body may not adopt a resolution
ordering a merger after January 1 of a year in which:
(1) a general election is held; and
(2) a township trustee is elected.
(f) A merger under this chapter may reduce the term of a township
trustee of a former township government.
SECTION 5. IC 36-6-1.5-6, AS AMENDED BY P.L.255-2013,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 6. (a) This subsection does not apply to a
merger under IC 36-6-1.7. The merger becomes effective on January
1 of the year following the adoption of the resolution approving the
SEA 270 — Concur
15
merger of the townships.
(b) An officer elected to represent the merged township government
shall be considered to be a resident of the territory comprising the new
township government. unless the township merger is dissolved under
IC 36-6-1.6.
SECTION 6. IC 36-6-1.5-8, AS ADDED BY P.L.240-2005,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 8. (a) On the date a merger takes effect:
(1) the former township governments are abolished as separate
entities;
(2) each township subject to the merger retains its geographical
boundaries and its name;
(3) the territory of the new township government includes all the
territory that comprised the territories of the former township
governments before the merger;
(4) the agencies of the former township governments are
abolished;
(5) the functions of the abolished agencies are assigned to
agencies of the new township government;
(6) the:
(A) property;
(B) records;
(C) personnel;
(D) rights; and
(E) liabilities;
related to the functions of the abolished agencies are assigned to
agencies of the new township government; and
(7) Subject to subsection (b), any bonds and other indebtedness
of, or assumed by, the former township governments are
transferred to the new township government.
(b) This subsection applies to a merger under IC 36-6-1.7.
Indebtedness that was incurred by each former township
government prior to the merger under IC 36-6-1.7:
(1) may not be imposed on taxpayers that were not
responsible for payment of the indebtedness before the
merger; and
(2) must be paid by the taxpayers that were responsible for
payment of the indebtedness before the merger.
SECTION 7. IC 36-6-1.5-12, AS AMENDED BY P.L.255-2013,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 12. (a) Subject to subsection (b), the officers
of the new township government shall:
SEA 270 — Concur
16
(1) obtain from the department of local government finance
approval under IC 6-1.1-18.5-7 of:
(A) a budget;
(B) an ad valorem property tax levy; and
(C) a property tax rate;
(2) fix the annual budget under IC 6-1.1-17;
(3) impose a property tax levy; and
(4) take any action necessary to ensure the collection of fees and
other revenue;
for the new township government for the budget year following the
year the officers take office.
(b) The resolutions approving the township government merger
under this chapter must specify the amount (if any) of the decrease that
the department of local government finance shall make to the
maximum permissible property tax levies, maximum permissible
property tax rates, and budgets under IC 6-1.1-17 and IC 6-1.1-18.5 of
the new township to:
(1) eliminate double taxation for services or goods provided by
the new township; or
(2) eliminate any excess by which the amount of property taxes
imposed by the new township exceeds the amount necessary to
pay for services or goods provided under this article.
(c) The fiscal body of the new township shall determine and certify
to the department of local government finance the amount of the
adjustment (if any) under subsection (b). The amount of the adjustment
(if any) to be made under subsection (b) must comply with the
resolutions approving the township government merger.
(d) The department may prescribe forms for submission to the
department to expedite processing of mergers under IC 36-6-1.7.
SECTION 8. IC 36-6-1.6 IS REPEALED [EFFECTIVE UPON
PASSAGE]. (Dissolution of Township Government Merger).
SECTION 9. IC 36-6-1.7 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Chapter 1.7. Merger of Certain Township Governments
Sec. 1. This chapter does not apply to a county having a
consolidated city.
Sec. 2. As used in this chapter, "department" means the
department of local government finance.
Sec. 3. As used in this chapter, "designated township" means a
township government that has at least four (4) points assigned by
the department under section 9 of this chapter.
SEA 270 — Concur
17
Sec. 4. As used in this chapter, "new township government"
means the township government that results from the merger of at
least two (2) township governments under this chapter using the
procedure set forth in IC 36-6-1.5.
Sec. 5. As used in this chapter, "recipient township" means a
township government that has not more than three (3) points
assigned by the department under section 9 of this chapter.
Sec. 6. (a) As used in this chapter, "state agency" means an
authority, board, branch, commission, committee, department,
division, or other instrumentality of the executive, including the
administrative department of state government.
(b) The term does not include the following:
(1) The legislative department of state government.
(2) The judicial department of state government.
(3) A state educational institution.
(4) A body corporate and politic created by statute.
Sec. 7. (a) The department shall compile the information in
section 8 of this chapter for each township government.
(b) Any state agency having:
(1) data; or
(2) information relevant to developing the data;
required to prepare the list under section 9 of this chapter, as
determined by the department, shall provide the information to the
department in a timely manner.
Sec. 8. The department shall use the compiled data to assign
points to each township government as follows:
(1) Two (2) points if a township government did not provide
township assistance in calendar years 2023 and 2024 as
provided in the annual reports submitted under IC 12-20-28-3
to the state board of accounts. The state board of accounts
shall provide this information to the department.
(2) One (1) point if a township government does not actively
manage fire protection or emergency medical services within
the township on January 1, 2025. A township does not actively
manage fire protection or emergency medical services if:
(A) the township government does not allocate funds for
fire protection or emergency medical services;
(B) the township government is not a provider unit in a fire
protection territory; or
(C) at least seventy-five percent (75%) of the non-capital
and non-debt service expenses expended from:
(i) the township government's firefighting and
SEA 270 — Concur
18
emergency services fund or the firefighting fund and
emergency services fund under IC 36-8-13-4; or
(ii) the fire protection territory fund under IC 36-8-19-8,
if the township government is a provider unit in a fire
protection territory;
were payments to other governmental units, a volunteer
fire department, or an independent fire company.
(3) One (1) point for each year that a township government
did not file an annual finance report with the state board of
accounts in 2023 or 2024.
(4) One (1) point for each year a township government did not
file all required monthly upload reports as required by
directive of the state board of accounts in 2024 or 2025.
(5) One (1) point if the township's annual appropriations and
annual tax levy for 2023 were continued for the 2024 budget
year under IC 6-1.1-17-3(d) or IC 6-1.1-17-5(f), as applicable.
(6) One (1) point if the township's annual appropriations and
annual tax levy for 2024 were continued for the 2025 budget
year under IC 6-1.1-17-3(d) or IC 6-1.1-17-5(f), as applicable.
(7) One (1) point if the sum of township assistance
applications received by the township government in 2023 and
2024 is less than twenty-four (24) township assistance
applications as provided in the annual reports submitted
under IC 12-20-28-3 to the state board of accounts. The state
board of accounts shall provide this information to the
department.
(8) One (1) point for a township government that has a
certified budget of less than one hundred thousand dollars
($100,000) for calendar year 2025.
(9) A maximum of one (1) point if:
(A) a township did not have a candidate on the election
ballot for the office of township trustee in either the 2018
or 2022 general election; or
(B) a vacancy on July 1, 2026, in the position of township
trustee has been vacant for at least thirty (30) calendar
days.
However, a point may not be assigned to a township under
clause (A) if the township did not have a candidate on the
ballot in the 2018 or 2022 general election for the office of
township trustee and the office was timely filled under
IC 3-13-10 or IC 3-13-11 (whichever is applicable) before the
date of the first meeting of the township board that is
SEA 270 — Concur
19
required under IC 36-6-6-7 in the year following the general
election. The election division (as defined in IC 3-5-2.1-37)
shall, in consultation with the department, provide
information available to the election division necessary for the
department to carry out the requirements of this subdivision.
(10) A maximum of one (1) point if:
(A) a township did not have a candidate on the election
ballot for all offices of the township board in either the
2018 or 2022 general election; or
(B) on July 1, 2026, there is at least one (1) vacancy on the
township board that has been vacant for at least thirty (30)
calendar days.
However, a point may not be assigned to a township under
clause (A) if the township did not have a candidate on the
ballot in the 2018 or 2022 general election for at least one (1)
township board member office and the office was timely filled
under IC 3-13-10 or IC 3-13-11 (whichever is applicable)
before the date of the first meeting that is required under
IC 36-6-6-7 in the year following the general election. The
election division (as defined in IC 3-5-2.1-37) shall, in
consultation with the department, provide information
available to the election division necessary for the department
to carry out the requirements of this subdivision.
Sec. 9. (a) The department shall:
(1) assign points under section 8(1) through 8(10) of this
chapter for each township government; and
(2) determine the sum of points for each township
government. A township assigned at least four (4) points is
considered a designated township.
(b) The department shall prepare a list of townships organized:
(1) by county; and
(2) in descending order of the townships in the county having
the most points to the townships in the county having the least
points.
(c) The list prepared under subsection (b) shall specify which
designated township satisfies all of the following criteria:
(1) At least eighty percent (80%) of the township's boundaries
coincide with a municipality's boundaries.
(2) At least fifty-one percent (51%) of the township's
population resides within the corporate boundaries of a
municipality described in subdivision (1).
(d) Not later than December 31, 2026, the department shall:
SEA 270 — Concur
20
(1) submit the list to the legislative council in an electronic
format under IC 5-14-6; and
(2) post the list on the department's website.
Sec. 10. (a) Not later than March 31, 2027, a township that has
been assigned four (4) or more points may file a petition with the
department to reconsider and amend the township's point total on
the grounds that the point total is incorrect or because compliance
with a requirement set forth in section 8(1) through 8(10) of this
chapter was not possible due to a disaster (as defined in
IC 10-14-3-1) that significantly disrupted operations and reporting
requirements of the township and the township was assigned a
point by the department under section 8 of this chapter. The
petition must be accompanied by evidence supporting the grounds
for the petition.
(b) Not later than June 30, 2027, the department shall issue a
written determination on all petitions received by the department.
The department's determination on a petition is final and
conclusive and may not be appealed.
Sec. 11. (a) This section applies if any township point totals are
corrected by the department under section 10 of this chapter.
(b) Not later than July 1, 2027, the department shall:
(1) submit the final list to the legislative council in an
electronic format under IC 5-14-6; and
(2) post the final list on the department's website.
Sec. 12. (a) If none of the township point totals are corrected by
the department, the list that was posted under section 9(d) of this
chapter is the final list and may not be appealed.
(b) The department shall post on the department's website each:
(1) petition filed under section 10(a) of this chapter; and
(2) written determination issued by the department under
section 10(b) of this chapter.
Sec. 13. A designated township:
(1) that satisfies the criteria specified in section 9(c) of this
chapter shall reorganize in accordance with IC 36-1.5-4.1;
and
(2) that does not satisfy the criteria specified in section 9(c) of
this chapter shall, except as otherwise provided, merge with
another township in accordance with section 14 of this
chapter.
Sec. 14. (a) Using the process set forth in IC 36-6-1.5, each
designated township, excluding any township that has commenced
a merger or consolidation under IC 36-1.5-4 or IC 36-6-1.5 with
SEA 270 — Concur
21
another unit before July 1, 2027, must merge with at least one (1)
other township government in the county. After all township
mergers in accordance with this section are complete, a county
must have at least two (2) townships. The following requirements
apply to each merger:
(1) Except as provided in subdivision (2), at least one (1)
township government that merges with a designated township
must be a recipient township.
(2) If all townships in a county are designated townships, the
county executive shall select two (2) of the designated
townships participating in the merger to form a new township
government to perform the functions of a recipient township.
(3) The merger must satisfy the contiguity requirements set
forth in IC 36-6-1.5-4.
(b) The department may require a county executive to report
actions taken by a county executive under subsection (a) to the
department in a manner and on forms prescribed by the
department.
Sec. 15. Not later than August 1, 2027, the county executive body
shall conduct a public meeting of all township trustees within the
county to discuss the merger.
Sec. 16. (a) The county executive shall determine which
township governments will merge. The county executive's decision
shall:
(1) take into account the wishes of the designated townships
and recipient townships; and
(2) comply with the requirements of section 14 of this chapter.
(b) Not later than October 1, 2027, the county executive shall
adopt a resolution that names the township governments that will
merge.
(c) The new township government shall certify the final action
in the manner prescribed by the department to each of the
following:
(1) The county legislative body.
(2) The county executive body.
(3) The clerk of the circuit court.
(4) The county fiscal officer.
(5) The county recorder.
(6) The county voter registration office.
(7) The secretary of state's office.
Sec. 17. (a) Not later than February 28, 2028, the following must
be submitted to the department:
SEA 270 — Concur
22
(1) The resolutions adopted by the participating townships
and submitted by the township trustees under
IC 36-6-1.5-5(d).
(2) The estimated budget and proposed tax rate and tax levy
of the new township government for the 2029 budget year,
submitted by the township trustee of the recipient township.
(b) The information under subsection (a) shall be submitted on
any forms prescribed by the department for a merger under
IC 36-6-1.5-12.
Sec. 18. The department shall certify a new township
government's budget, tax rate, and levy as set forth in
IC 6-1.1-17-16. The department shall not approve a new township
government's maximum permissible ad valorem property tax levy
under IC 6-1.1-18.5 for taxes first due and payable in 2029 that
exceeds the result of:
(1) the sum of the maximum permissible ad valorem property
tax levies of the designated townships and recipient township
participating in the merger for taxes first due and payable in
2028; multiplied by
(2) the maximum levy growth quotient under IC 6-1.1-18.5-2
for property taxes first due and payable in 2029.
Sec. 19. All township government mergers under this chapter
must be effective not later than January 1, 2029.
Sec. 20. The new township government shall pay all costs
associated with the merger.
Sec. 21. After the effective date of a merger under this chapter
and not later than December 31, 2030, the new township
government shall consist of the following:
(1) The township trustee of the recipient township shall serve
as the executive of the new township government. If the
merger consists of more than one (1) recipient township:
(A) the township trustee of the recipient township with the
least number of points; or
(B) the township trustee of the recipient township
designated by the county executive body, if all recipient
townships participating in the merger have the same
number of points;
shall serve as the executive of the new township government.
(2) The township legislative body of the recipient township
and one (1) board member of each of the other townships
participating in the merger (selected by majority vote of the
members of the designated township's legislative body) shall
SEA 270 — Concur
23
serve as the legislative body of the new township government.
If the merger consists of more than one (1) recipient
township:
(A) the township board of the recipient township with the
least number of points; or
(B) the township board of the recipient township
designated by the county executive body, if all recipient
townships participating in the merger have the same
number of points;
shall serve as the legislative body of the new township
government.
Sec. 22. Notwithstanding IC 36-6-1.5-8, a township merger
under this chapter does not affect the office of township assessor.
After a merger, the township assessor remains the elected township
assessor for the territory within the geographical boundaries of the
township assessor's former township. Only voters residing within
the boundaries of the township assessor's former township may
elect the office of the township assessor.
Sec. 23. A township trustee and township board of the new
township government shall be elected in the general election in
2030 in accordance with IC 36-6-6-2.1 and IC 36-6-6-3. A township
assessor, if any, shall be elected only for the area within the
geographical boundaries of the township assessor's former
township under IC 36-6-5-1.
Sec. 24. (a) Each county executive body shall prepare a report,
on a form prescribed by the department, containing the following
information:
(1) The number of townships in the county as of January 1,
2027.
(2) The number of townships in the county after mergers are
carried out under this chapter.
(3) A map of the townships in the county as of January 1,
2027.
(4) A map of the townships after mergers are carried out
under this chapter.
(5) An explanation of which townships are to merge.
(6) An explanation of how the mergers will impact fire
protection operations and services within the county.
(7) An explanation of how the mergers will impact emergency
medical service operations and coverage within the county.
(8) An explanation of any cost savings that will be realized as
a result of the mergers.
SEA 270 — Concur
24
(b) Not later than January 1, 2028, the county executive body
shall submit the report to:
(1) the executive director of the legislative services agency in
an electronic format under IC 5-14-6; and
(2) the department.
SECTION 10. IC 36-6-4-21 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 21. (a) As used in this section,
"department" refers to the department of local government
finance.
(b) Beginning in 2026, and each year thereafter, each township
trustee shall submit, using the department's computer gateway
established under IC 5-14-3.8-3, the following information in a
manner prescribed by the department, in consultation with the
department of homeland security:
(1) Whether the township operates a fire department,
including a volunteer fire department, and, if so, the name of
the fire department operated by the township.
(2) Whether the township participates in a fire territory under
IC 36-8-19, and, if so, the name of the unit that is the provider
unit.
(3) Whether the township participates in a fire protection
district under IC 36-8-11, and, if so, the name of the fire
department.
(4) Whether the township has an agreement with another unit
to provide fire protection in a manner other than described in
subdivisions (1) through (3), and the name of each unit that
participates in the agreement.
(5) Whether fire protection is provided by a municipality,
and, if so, the name of the municipality.
(6) Contact information for each fire department or provider
unit described in subdivisions (1) through (5).
(7) The types of emergency services provided by each fire
department or provider unit described in subdivisions (1)
through (5).
(8) Any information prescribed by the department, in
consultation with the department of homeland security
necessary for the department of homeland security to comply
with subsection (d).
(c) The department shall compile the information provided to
the department under subsection (b) and provide the information
to the department of homeland security.
SEA 270 — Concur
25
(d) The department of homeland security shall use the
information provided by the department under subsection (c) to
ascertain the following information:
(1) The entity that provides fire protection for each township.
(2) Where each fire department and provider unit is located.
(3) The service area for each fire department or fire territory.
(4) Whether the fire service provided within the township is
provided by a professional or volunteer fire department.
(5) The types of emergency services provided in each
township.
(6) Contact information for each fire department and
provider unit that provides fire and emergency services in the
township, including the following information:
(A) The contact name and address.
(B) The telephone number.
(C) The electronic mail address.
(7) Any other information the department of homeland
security deems necessary.
(e) The information described in subsection (d) shall be made
available on the department of homeland security's website and
made available in a machine readable format.
SECTION 11. IC 36-6-5-1, AS AMENDED BY P.L.167-2015,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1. (a) Subject to subsection (g), before 2009,
a township assessor shall be elected under IC 3-10-2-13 by the voters
of each township:
(1) having:
(A) a population of more than eight thousand (8,000); or
(B) an elected township assessor or the authority to elect a
township assessor before January 1, 1979; and
(2) in which the number of parcels of real property on January 1,
2008, is at least fifteen thousand (15,000).
(b) Subject to subsection (g), before 2009, a township assessor shall
be elected under IC 3-10-2-14 (repealed effective July 1, 2008) in each
township:
(1) having a population of more than five thousand (5,000) but
not more than eight thousand (8,000), if:
(A) the legislative body of the township, by resolution,
declares that the office of township assessor is necessary; and
(B) the resolution is filed with the county election board not
later than the first date that a declaration of candidacy may be
filed under IC 3-8-2; and
SEA 270 — Concur
26
(2) in which the number of parcels of real property on January 1,
2008, is at least fifteen thousand (15,000).
(c) Subject to subsection (g), a township government that is created
by merger under IC 36-6-1.5 shall elect only one (1) township assessor
under this section. However, if a township government is created by
merger under IC 36-6-1.7, the merger does not affect the office of
township assessor. The voters of each township having a township
assessor before the merger is effective shall continue to elect one
(1) township assessor after the merger is effective. The elected
township assessor shall perform all assessing duties within the
geographical boundaries of the township assessor's former
township.
(d) Subject to subsection (g), after 2008 a township assessor shall
be elected under IC 3-10-2-13 only by the voters of each township in
which:
(1) the number of parcels of real property on January 1, 2008, is
at least fifteen thousand (15,000); and
(2) the transfer to the county assessor of the assessment duties
prescribed by IC 6-1.1 is disapproved in the referendum under
IC 36-2-15.
(e) The township assessor must reside within the township as
provided in Article 6, Section 6 of the Constitution of the State of
Indiana. The assessor forfeits office if the assessor ceases to be a
resident of the township.
(f) The term of office of a township assessor is four (4) years,
beginning January 1 after election and continuing until a successor is
elected and qualified. However, the term of office of a township
assessor elected at a general election in which no other township
officer is elected ends on December 31 after the next election in which
any other township officer is elected.
(g) To be eligible to serve as a township assessor, an individual
must meet the following qualifications before taking office:
(1) If the individual has never held the office of township
assessor, the individual must have attained a level two
assessor-appraiser certification under IC 6-1.1-35.5.
(2) If the individual has held the office of township assessor, the
individual must have attained a level three assessor-appraiser
certification under IC 6-1.1-35.5.
(h) After June 30, 2008, the county assessor shall perform the
assessment duties prescribed by IC 6-1.1 in a township in which the
number of parcels of real property on January 1, 2008, is less than
fifteen thousand (15,000).
SEA 270 — Concur
27
SECTION 12. IC 36-6-5-5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2026]: Sec. 5. (a) The county fiscal body may adopt a resolution
to transfer the duties of a township assessor to the county assessor
if all of the following apply:
(1) The office of township assessor has been vacant for at least
ninety (90) days.
(2) A caucus was held under IC 3-13-11 but failed to fill the
vacancy described in subdivision (1).
(3) The township board for that township has adopted a
resolution approving the transfer of duties of the township
assessor to the county assessor.
(4) The township trustee for that township has approved, in
writing, the transfer of duties of the township assessor to the
county assessor.
(b) The following apply in a county in which the county fiscal
body adopts a resolution under subsection (a):
(1) The office of township assessor for that township is
abolished.
(2) All the powers and duties of the township assessor are
transferred to the county assessor of the county in which the
township is located.
(3) All of the following are transferred to the county assessor:
(A) All employment positions of all employees of the
township assessor.
(B) The real and personal property of the township
assessor.
(C) The outstanding obligations of the township assessor.
(D) The funds of the township assessor.
(4) The county auditor shall transfer to the county assessor all
revenue received by the township:
(A) through the date that the office of the township
assessor becomes vacant; and
(B) for the purpose of carrying out property assessment
duties.
(c) The county fiscal body shall include in the resolution adopted
under subsection (a) any additional items necessary to effectuate
the transfer of duties from the township assessor to the county
assessor.
(d) This section expires January 2, 2027.
SECTION 13. IC 36-6-6-2.1, AS ADDED BY P.L.240-2005,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
SEA 270 — Concur
28
UPON PASSAGE]: Sec. 2.1. (a) This section applies if township
governments merge under IC 36-6-1.5.
(b) (a) This subsection does not apply to a township government
merger under IC 36-6-1.7. If two (2) township governments merge,
the resulting merged township government shall elect a three (3)
member township board. The voters of the resulting merged township
government shall elect all the members of the township board. One (1)
member must reside within the boundaries of each of the township
governments that merged.
(c) (b) This subsection does not apply to a township government
merger under IC 36-6-1.7. If at least three (3) township governments
merge, the resulting merged township government shall elect a
township board that has the same number of members as the number
of township governments that merged. The voters of the resulting
merged township shall elect all the members of the township board.
One (1) township board member must reside within the boundaries of
each of the townships that merged.
(c) This subsection only applies to a township government
merger under IC 36-6-1.7. Beginning with the 2030 general
election, all voters of the resulting merged township government
shall elect a three (3) member township board. Township board
members shall be elected at large.
SECTION 14. IC 36-6-6-3, AS AMENDED BY P.L.240-2005,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3. (a) This subsection applies to townships in
a county containing a consolidated city. One (1) member of the
legislative body must reside within each legislative body district. If a
member of the legislative body ceases to be a resident of the district
from which the member was elected, the office becomes vacant.
(b) This subsection applies to townships not included in subsection
(a) or (c). A member of the legislative body must reside within the
township as provided in Article 6, Section 6 of the Constitution of the
State of Indiana. If a member of the legislative body ceases to be a
resident of the township, the office becomes vacant.
(c) This subsection applies to a township government that:
(1) is created by a merger of township governments under
IC 36-6-1.5; and
(2) elects a township board under section 2.1 2.1(a) or 2.1(b) of
this chapter.
One (1) member of the legislative body must reside within the
boundaries of each of the former townships that merged. If a member
of the legislative body ceases to be a resident of that former township,
SEA 270 — Concur
29
the office becomes vacant.
(d) This subsection applies to a township government that:
(1) is created by a merger of township governments under
IC 36-6-1.7; and
(2) elects a township board under section 2.1(c) of this
chapter.
All members are elected at large by all voters within the merged
township. If a member of the legislative body ceases to be a
resident of the merged township, the office becomes vacant.
SECTION 15. IC 36-6-6-4, AS AMENDED BY P.L.159-2021,
SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4. (a) Except as provided in subsections (b)
and (c), two (2) members of the legislative body constitute a quorum.
(b) Before January 1, 2017, four (4) members of the legislative body
in a county containing a consolidated city constitute a quorum. After
December 31, 2016, Three (3) members of the legislative body in a
county having a consolidated city constitute a quorum.
(c) This subsection applies to a township government that:
(1) is created by a merger of township governments under
IC 36-6-1.5 (excluding a township that merges under
IC 36-6-1.7); and
(2) elects the township legislative body under section 2.1 of this
chapter.
A majority of the members of the township legislative body constitute
a quorum. If a township legislative body has an even number of
members, the township executive shall serve by virtue of office as a
member of the township legislative body for the purpose of casting the
deciding vote to break a tie.
(d) For townships not described in subsection (c), including a
township that merges under IC 36-6-1.7, the township executive
shall serve by virtue of office as a member of the township legislative
body for the purpose of casting the deciding vote to break a tie.
However, the township executive may not vote to break a tie on the
adoption of an ordinance to increase the township executive's
compensation (as defined in section 10 of this chapter).
SECTION 16. An emergency is declared for this act.
SEA 270 — Concur
President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
SEA 270 — ConcurEvery fact on this page links to its source, starting with the official bill record.