Indiana 2023 Regular Session

Indiana Senate Bill SB0182 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	SB0182.2
2		-	Reprinted
3		-	January 27, 2023
	1	+	SB0182.1
	2	+	January 24, 2023
4	3		SENATE BILL No. 182
5	4		_____
6		-	DIGEST OF SB 182 (Updated January 26, 2023 2:~~02 pm~~ - DI 87)
	5	+	DIGEST OF SB 182 (Updated January 19, 2023 10:39 am - DI 140)
7	6		Citations Affected: IC 36-6.
8	7		Synopsis: Township mergers. Allows a township that does not have
9	8		a township trustee or township board to merge with another township,
10	9		if identical resolutions approving the merger are adopted by the
11	10		following: (1) The township trustee and legislative body of the other
12	11		township. (2) The county executive.
13	12		Effective: Upon passage.
14		-	Koch~~, Buck~~
	13	+	Koch
15	14		January 9, 2023, read first time and referred to Committee on Local Government.
16	15		January 23, 2023, reported favorably — Do Pass.
17		-	January 26, 2023, read second time, amended, ordered engrossed.
18		-	SB 182—LS 6955/DI 87 Reprinted
19		-	January 27, 2023
	16	+	SB 182—LS 6955/DI 87 January 24, 2023
20	17		First Regular Session of the 123rd General Assembly (2023)
21	18		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
22	19		Constitution) is being amended, the text of the existing provision will appear in this style type,
23	20		additions will appear in this style type, and deletions will appear in this style type.
24	21		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
25	22		provision adopted), the text of the new provision will appear in this style type. Also, the
26	23		word NEW will appear in that style type in the introductory clause of each SECTION that adds
27	24		a new provision to the Indiana Code or the Indiana Constitution.
28	25		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
29	26		between statutes enacted by the 2022 Regular Session of the General Assembly.
30	27		SENATE BILL No. 182
31	28		A BILL FOR AN ACT to amend the Indiana Code concerning local
32	29		government.
33	30		Be it enacted by the General Assembly of the State of Indiana:
34	31		1 SECTION 1. IC 36-6-1.5-5, AS AMENDED BY P.L.255-2013,
35	32		2 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36	33		3 UPON PASSAGE]: Sec. 5. (a) This section does not apply to a
37	34		4 merger of township governments under section 5.1 of this chapter.
38	35		5 (a) (b) The township trustees, with the approval of a majority of the
39	36		6 members of the township legislative body of each township that wants
40	37		7 to merge township governments under this chapter, must comply with
41	38		8 this section.
42	39		9 (b) (c) The township trustees must present identical resolutions
43	40		10 approving the township government merger to the trustees' respective
44	41		11 township legislative bodies. A township legislative body may adopt a
45	42		12 resolution under this chapter only after the legislative body has held a
46	43		13 public hearing concerning the proposed merger. The township
47	44		14 legislative body shall hold the hearing not earlier than thirty (30) days
48	45		15 after the date the resolution is introduced. The hearing shall be
49	46		16 conducted in accordance with IC 5-14-1.5 and notice of the hearing
50	47		17 shall be published in accordance with IC 5-3-1.
51	48		SB 182—LS 6955/DI 87 2
52	49		1 (c) (d) The township legislative bodies may adopt the identical
53	50		2 resolutions approving the township government merger under this
54	51		3 chapter not later than ninety (90) days after the legislative body has
55	52		4 held the public hearing under subsection (b). (c).
56	53		5 (d) (e) The trustees of the participating townships shall jointly file
57	54		6 a copy of the identical resolutions with:
58	55		7 (1) the department of local government finance;
59	56		8 (2) the circuit court clerk; and
60	57		9 (3) the office of the secretary of state.
61	58		10 (e) (f) A township legislative body may not adopt a resolution
62	59		11 ordering a merger after January 1 of a year in which:
63	60		12 (1) a general election is held; and
64	61		13 (2) a township trustee is elected.
65	62		14 (f) (g) A merger under this chapter may reduce the term of a
66	63		15 township trustee of a former township government.
67	64		16 SECTION 2. IC 36-6-1.5-5.1 IS ADDED TO THE INDIANA
68	65		17 CODE AS A NEW SECTION TO READ AS FOLLOWS
69	66		18 [EFFECTIVE UPON PASSAGE]: Sec. 5.1. (a) As used in this section,
70	67		19 "initiating township" means a township that may merge with a
71	68		20 vacant township government under this section.
72	69		21 (b) As used in this section, "vacant township government"
73	70		22 means a township in which, on January 1 in the year following a
74	71		23 general election in which township offices are elected, no
75	72		24 individual:
76		-	25 (1) ~~legally holds~~ the office of township trustee or township
	73	+	25 (1) holds by election the office of township trustee or township
77	74		26 legislative body member;
78	75		27 (2) holds over in the office of township trustee or township
79	76		28 legislative body member as an incumbent under Article 15,
80	77		29 Section 3 of the Constitution of the State of Indiana; or
81	78		30 (3) was a candidate for the office of township trustee or
82	79		31 township legislative body member at the most recent general
83	80		32 election in which the offices of township trustee and township
84	81		33 legislative body member were elected.
85	82		34 (c) If the:
86	83		35 (1) initiating township government; and
87	84		36 (2) vacant township government;
88	85		37 meet the requirements of section 4 of this chapter, the townships
89	86		38 may merge by complying with this section.
90	87		39 (d) The township trustee of the initiating township must:
91	88		40 (1) adopt a resolution approving the merger of the township
92	89		41 governments; and
93	90		42 (2) present the resolution to the township legislative body of
94	91		SB 182—LS 6955/DI 87 3
95	92		1 the initiating township and the county executive.
96	93		2 (e) The township legislative body of the initiating township and
97	94		3 county executive must each adopt resolutions that are identical to
98	95		4 the resolution presented to the body by the township trustee of the
99	96		5 initiating township under subsection (d) as follows:
100	97		6 (1) Each must hold a public hearing concerning the merger
101	98		7 not earlier than thirty (30) days after introducing the
102	99		8 resolution. The hearing must be conducted in accordance with
103	100		9 IC 5-14-1.5, with notice of the hearing published in
104	101		10 accordance with IC 5-3-1.
105	102		11 (2) Each must adopt a resolution not later than ninety (90)
106	103		12 days after the date of the public hearing.
107	104		13 (f) If the resolution is adopted by the initiating township and the
108	105		14 county executive, the trustee of the initiating township and the
109	106		15 county executive shall jointly file a copy of the identical resolutions
110	107		16 with:
111	108		17 (1) the department of local government finance;
112	109		18 (2) the circuit court clerk; and
113	110		19 (3) the office of the secretary of state.
114	111		20 SECTION 3. IC 36-6-6-2.1, AS ADDED BY P.L.240-2005,
115	112		21 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
116	113		22 UPON PASSAGE]: Sec. 2.1. (a) This section applies if township
117	114		23 governments merge under IC 36-6-1.5.
118	115		24 (b) If two (2) township governments merge, the resulting merged
119	116		25 township government shall elect a three (3) member township board.
120	117		26 The voters of the resulting merged township government shall elect all
121	118		27 the members of the township board. If the township governments
122	119		28 merge under IC 36-6-1.5-5, one (1) member must reside within the
123	120		29 boundaries of each of the township governments that merged. If
124	121		30 township governments merge under IC 36-6-1.5-5.1, the members
125	122		31 must reside within the territory of the new township government
126	123		32 described in IC 36-6-1.5-8(3).
127	124		33 (c) If at least three (3) township governments merge, the resulting
128	125		34 merged township government shall elect a township board that has the
129	126		35 same number of members as the number of township governments that
130	127		36 merged. The voters of the resulting merged township shall elect all the
131	128		37 members of the township board. One (1) township board member must
132	129		38 reside within the boundaries of each of the townships that merged.
133	130		39 SECTION 4. IC 36-6-6-3, AS AMENDED BY P.L.240-2005,
134	131		40 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
135	132		41 UPON PASSAGE]: Sec. 3. (a) This subsection applies to townships in
136	133		42 a county containing a consolidated city. One (1) member of the
137	134		SB 182—LS 6955/DI 87 4
138	135		1 legislative body must reside within each legislative body district. If a
139	136		2 member of the legislative body ceases to be a resident of the district
140	137		3 from which the member was elected, the office becomes vacant.
141	138		4 (b) This subsection applies to townships not included in subsection
142	139		5 (a) or (c). A member of the legislative body must reside within the
143	140		6 township, as provided in Article 6, Section 6 of the Constitution of the
144	141		7 State of Indiana. If the township governments merge under
145	142		8 IC 36-6-1.5-5.1, the legislative body members must reside within
146	143		9 the territory of the new township government described in
147	144		10 IC 36-6-1.5-8(3). If a member of the legislative body ceases to be a
148	145		11 resident of the township, the office becomes vacant.
149	146		12 (c) This subsection applies to a township government that:
150	147		13 (1) is created by a merger of township governments under
151	148		14 IC 36-6-1.5; IC 36-6-1.5-5; and
152	149		15 (2) elects a township board under section 2.1 of this chapter.
153	150		16 One (1) member of the legislative body must reside within the
154	151		17 boundaries of each of the former townships that merged. If a member
155	152		18 of the legislative body ceases to be a resident of that former township,
156	153		19 the office becomes vacant.
157	154		20 SECTION 5. An emergency is declared for this act.
158	155		SB 182—LS 6955/DI 87 5
159	156		COMMITTEE REPORT
160	157		Madam President: The Senate Committee on Local Government, to
161	158		which was referred Senate Bill No. 182, has had the same under
162	159		consideration and begs leave to report the same back to the Senate with
163	160		the recommendation that said bill DO PASS.
164	161		(Reference is to SB 182 as introduced.)
165	162
166	163		BUCK, Chairperson
167	164		Committee Vote: Yeas 8, Nays 0
168		-	_____
169		-	SENATE MOTION
170		-	Madam President: I move that Senate Bill 182 be amended to read
171		-	as follows:
172		-	Page 2, line 25, delete "holds by election" and insert "legally holds".
173		-	(Reference is to SB 182 as printed January 24, 2023.)
174		-	POL JR.
175	165		SB 182—LS 6955/DI 87