Indiana House Bill HB1233 Introduced / Bill

                     
Introduced Version
HOUSE BILL No. 1233
_____
DIGEST OF INTRODUCED BILL
Citations Affected:  IC 3-10; IC 3-11-2-12; IC 6-1.1; IC 12-7-2-46.3;
IC 12-20; IC 15-16-7-4; IC 36-2; IC 36-5-1.1; IC 36-6; IC 36-6.1;
IC 36-8; IC 36-12-1-15.
Synopsis:  Local government reorganization. Provides that on January
1, 2027, in all counties except Marion County, the following occur: (1)
Township government is dissolved. (2) The county executive assumes
the powers and duties of township trustees with regard to fire
protection and emergency services (fire services). (3) An elected
county trustee assumes the powers and duties of township trustees
regarding township assistance. Specifies that, on January 1, 2027, the
following occur: (1) All fire protection districts and fire protection
territories are dissolved. (2) Fire services are provided in accordance
with a county fire protection and emergency medical services plan
(county plan). (3) The county emergency management director is
responsible for the day to day operations of administering the county
plan. Provides that all incorporated towns with a population of less than
1,000 are required: (1) to report not later than November 1, 2025, and
every November 1 every four years thereafter as to the services
provided to residents, and operating costs; and (2) to be dissolved by
the county legislative body if the town's operating costs exceed the
expenditures for delivery of services to residents.
Effective:  July 1, 2025.
Engleman
January 9, 2025, read first time and referred to Committee on Local Government.
2025	IN 1233—LS 7512/DI 87 Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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  Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1233
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 3-10-1-19, AS AMENDED BY P.L.227-2023,
2 SECTION 58, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 19. (a) The ballot for a primary election shall be
4 printed in substantially the form described in this section for all the
5 offices for which candidates have qualified under IC 3-8.
6 (b) The following shall be printed as the heading for the ballot for
7 a political party:
8	"OFFICIAL PRIMARY BALLOT
9 _________________ Party (insert the name of the political party)".
10 (c) The following shall be printed immediately below the heading
11 required by subsection (b) or be posted in each voting booth as
12 provided in IC 3-11-2-8(b):
13 (1) For paper ballots, print: To vote for a person, make a voting
14 mark (X or U) on or in the box before the person's name in the
15 proper column.
16 (2) For optical scan ballots, print: To vote for a person, darken or
17 shade in the circle, oval, or square (or draw a line to connect the
2025	IN 1233—LS 7512/DI 87 2
1 arrow) that precedes the person's name in the proper column.
2 (3) For optical scan ballots that do not contain a candidate's name,
3 print: To vote for a person, darken or shade in the oval that
4 precedes the number assigned to the person's name in the proper
5 column.
6 (4) For electronic voting systems, print: To vote for a person,
7 touch the screen (or press the button) in the location indicated.
8 (d) Local public questions shall be placed on the primary election
9 ballot after the heading and the voting instructions described in
10 subsection (c) (if the instructions are printed on the ballot) and before
11 the offices described in subsection (g).
12 (e) The local public questions described in subsection (d) shall be
13 placed as follows:
14 (1) In a separate column on the ballot if voting is by paper ballot.
15 (2) After the heading and the voting instructions described in
16 subsection (c) (if the instructions are printed on the ballot) and
17 before the offices described in subsection (g), in the form
18 specified in IC 3-11-13-11 if voting is by ballot card.
19 (3) As provided by either of the following if voting is by an
20 electronic voting system:
21 (A) On a separate screen for a public question.
22 (B) After the heading and the voting instructions described in
23 subsection (c) (if the instructions are printed on the ballot) and
24 before the offices described in subsection (g), in the form
25 specified in IC 3-11-14-3.5.
26 (f) A public question shall be placed on the primary election ballot
27 in the following form:
28	(The explanatory text for the public question,
29	if required by law.)
30	"Shall (insert public question)?"
31 [] YES
32 [] NO
33 (g) The offices with candidates for nomination shall be placed on
34 the primary election ballot in the following order:
35 (1) Federal and state offices:
36 (A) President of the United States.
37 (B) United States Senator.
38 (C) Governor.
39 (D) United States Representative.
40 (2) Legislative offices:
41 (A) State senator.
42 (B) State representative.
2025	IN 1233—LS 7512/DI 87 3
1 (3) Circuit offices and county judicial offices:
2 (A) Judge of the circuit court, and unless otherwise specified
3 under IC 33, with each division separate if there is more than
4 one (1) judge of the circuit court.
5 (B) Judge of the superior court, and unless otherwise specified
6 under IC 33, with each division separate if there is more than
7 one (1) judge of the superior court.
8 (C) Judge of the probate court.
9 (D) Prosecuting attorney.
10 (E) Circuit court clerk.
11 (4) County offices:
12 (A) County auditor.
13 (B) County recorder.
14 (C) County treasurer.
15 (D) County sheriff.
16 (E) County coroner.
17 (F) County surveyor.
18 (G) County assessor.
19 (H) County commissioner.
20 (I) County council member.
21 (J) County trustee (for elections in 2026 and thereafter).
22 (5) Township offices:
23 (A) Township assessor (only in a township referred to in
24 IC 36-6-5-1(d)). This clause does not apply to elections in
25 2026 and thereafter.
26 (B) Township trustee. This clause does not apply to elections
27 in 2026 and thereafter in a county not having a
28 consolidated city.
29 (C) Township board member. This clause does not apply to
30 elections in 2026 and thereafter in a county not having a
31 consolidated city.
32 (D) Judge of the small claims court.
33 (E) Constable of the small claims court.
34 (6) City offices:
35 (A) Mayor.
36 (B) Clerk or clerk-treasurer.
37 (C) Judge of the city court.
38 (D) City-county council member or common council member.
39 (7) Town offices:
40 (A) Clerk-treasurer.
41 (B) Judge of the town court.
42 (C) Town council member.
2025	IN 1233—LS 7512/DI 87 4
1 (h) The political party offices with candidates for election shall be
2 placed on the primary election ballot in the following order after the
3 offices described in subsection (g):
4 (1) Precinct committeeman.
5 (2) State convention delegate.
6 (i) The local offices to be elected at the primary election shall be
7 placed on the primary election ballot after the offices described in
8 subsection (h).
9 (j) The offices described in subsection (i) shall be placed as follows:
10 (1) In a separate column on the ballot if voting is by paper ballot.
11 (2) After the offices described in subsection (h) in the form
12 specified in IC 3-11-13-11 if voting is by ballot card.
13 (3) Either:
14 (A) on a separate screen for each office or public question; or
15 (B) after the offices described in subsection (h) in the form
16 specified in IC 3-11-14-3.5;
17 if voting is by an electronic voting system.
18 (k) If no candidate has filed to run for an office on the primary ballot
19 then the county election board may print "NO CANDIDATE FILED"
20 in the place on the ballot where a candidate's name would have been
21 printed.
22 SECTION 2. IC 3-10-2-13, AS AMENDED BY P.L.278-2019,
23 SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2025]: Sec. 13. The following public officials shall be elected
25 at the general election before their terms of office expire and every four
26 (4) years thereafter:
27 (1) Clerk of the circuit court.
28 (2) County auditor.
29 (3) County recorder.
30 (4) County treasurer.
31 (5) County sheriff.
32 (6) County coroner.
33 (7) County surveyor.
34 (8) County assessor.
35 (9) County commissioner.
36 (10) County council member.
37 (11) County trustee (for elections in 2026 and thereafter).
38 (11) (12) Township trustee. This subdivision does not apply to
39 elections in 2026 and thereafter in a county not having a
40 consolidated city.
41 (12) (13) Township board member. This subdivision does not
42 apply to elections in 2026 and thereafter in a county not
2025	IN 1233—LS 7512/DI 87 5
1 having a consolidated city.
2 (13) (14) Township assessor (only in a township referred to in
3 IC 36-6-5-1(d)). This subdivision does not apply to elections in
4 2026 and thereafter.
5 (14) (15) Judge of a small claims court.
6 (15) (16) Constable of a small claims court.
7 SECTION 3. IC 3-11-2-12, AS AMENDED BY P.L.227-2023,
8 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2025]: Sec. 12. (a) The following offices shall be placed on
10 the general election ballot in the following order after the public
11 questions described in section 10(a) of this chapter:
12 (1) Federal and state offices:
13 (A) President and Vice President of the United States.
14 (B) United States Senator.
15 (C) Governor and lieutenant governor.
16 (D) Secretary of state.
17 (E) Auditor of state.
18 (F) Treasurer of state.
19 (G) Attorney general.
20 (H) United States Representative. If an election to fill a
21 vacancy in an office of United States Representative under
22 IC 3-10-8 is held on the same day as the election for the next
23 term of the same office, the ballot shall list the election to fill
24 the vacancy in the office immediately after the election for the
25 next term of the office.
26 (2) Legislative offices:
27 (A) State senator.
28 (B) State representative.
29 (3) Circuit offices and county judicial offices:
30 (A) Judge of the circuit court, and unless otherwise specified
31 under IC 33, with each division separate if there is more than
32 one (1) judge of the circuit court.
33 (B) Judge of the superior court, and unless otherwise specified
34 under IC 33, with each division separate if there is more than
35 one (1) judge of the superior court.
36 (C) Judge of the probate court.
37 (D) Prosecuting attorney.
38 (E) Clerk of the circuit court.
39 (4) County offices:
40 (A) County auditor.
41 (B) County recorder.
42 (C) County treasurer.
2025	IN 1233—LS 7512/DI 87 6
1 (D) County sheriff.
2 (E) County coroner.
3 (F) County surveyor.
4 (G) County assessor.
5 (H) County commissioner.
6 (I) County council member.
7 (J) County trustee (for elections in 2026 and thereafter).
8 (5) Township offices:
9 (A) Township assessor (only in a township referred to in
10 IC 36-6-5-1(d)). This clause does not apply to elections in
11 2026 and thereafter.
12 (B) Township trustee. This clause does not apply to elections
13 in 2026 and thereafter in a county not having a
14 consolidated city.
15 (C) Township board member. This clause does not apply to
16 elections in 2026 and thereafter in a county not having a
17 consolidated city.
18 (D) Judge of the small claims court.
19 (E) Constable of the small claims court.
20 (6) City offices:
21 (A) Mayor.
22 (B) Clerk or clerk-treasurer.
23 (C) Judge of the city court.
24 (D) City-county council member or common council member.
25 (7) Town offices:
26 (A) Clerk-treasurer.
27 (B) Judge of the town court.
28 (C) Town council member.
29 (b) If a major political party does not nominate a candidate for an
30 office on a general, municipal, or special election ballot then the county
31 election board may print "NO CANDIDATE FILED" in the place on
32 the ballot where the name of the major political party's nominee would
33 be printed.
34 SECTION 4. IC 6-1.1-17-3, AS AMENDED BY P.L.220-2021,
35 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 JULY 1, 2025]: Sec. 3. (a) The proper officers of a political subdivision
37 shall formulate its estimated budget and its proposed tax rate and tax
38 levy on the form prescribed by the department of local government
39 finance and approved by the state board of accounts. In formulating a
40 political subdivision's estimated budget under this section, the proper
41 officers of the political subdivision must consider the net property tax
42 revenue that will be collected by the political subdivision during the
2025	IN 1233—LS 7512/DI 87 7
1 ensuing year, after taking into account the estimate by the department
2 of local government finance under IC 6-1.1-20.6-11.1 of the amount by
3 which the political subdivision's distribution of property taxes will be
4 reduced by credits under IC 6-1.1-20.6-9.5 in the ensuing year, after
5 taking into account the estimate by the department of local government
6 finance under section 0.7 of this chapter of the maximum amount of net
7 property tax revenue and miscellaneous revenue that the political
8 subdivision will receive in the ensuing year, and after taking into
9 account all payments for debt service obligations that are to be made
10 by the political subdivision during the ensuing year. The political
11 subdivision or appropriate fiscal body, if the political subdivision is
12 subject to section 20 of this chapter, shall submit the following
13 information to the department's computer gateway:
14 (1) The estimated budget.
15 (2) The estimated maximum permissible levy, as provided by the
16 department under IC 6-1.1-18.5-24.
17 (3) The current and proposed tax levies of each fund.
18 (4) The percentage change between the current and proposed tax
19 levies of each fund.
20 (5) The amount by which the political subdivision's distribution
21 of property taxes may be reduced by credits granted under
22 IC 6-1.1-20.6, as estimated by the department of local government
23 finance under IC 6-1.1-20.6-11.1.
24 (6) The amounts of excessive levy appeals to be requested.
25 (7) The time and place at which the political subdivision or
26 appropriate fiscal body will hold a public hearing on the items
27 described in subdivisions (1) through (6).
28 (8) The time and place at which the political subdivision or
29 appropriate fiscal body will meet to fix the budget, tax rate, and
30 levy under section 5 of this chapter.
31 (9) The date, time, and place of the final adoption of the budget,
32 tax rate, and levy under section 5 of this chapter.
33 Except as provided in section 5.6(b) of this chapter, the political
34 subdivision or appropriate fiscal body shall submit this information to
35 the department's computer gateway at least ten (10) days before the
36 public hearing required by this subsection in the manner prescribed by
37 the department. If the date, time, or place of the final adoption
38 subsequently changes, the political subdivision shall update the
39 information submitted to the department's computer gateway. The
40 department shall make this information available to taxpayers, at least
41 ten (10) days before the public hearing, through its computer gateway
42 and provide a telephone number through which taxpayers may request
2025	IN 1233—LS 7512/DI 87 8
1 mailed copies of a political subdivision's information under this
2 subsection. The department's computer gateway must allow a taxpayer
3 to search for the information under this subsection by the taxpayer's
4 address. The department shall review only the submission to the
5 department's computer gateway for compliance with this section.
6 (b) The board of directors of a solid waste management district
7 established under IC 13-21 or IC 13-9.5-2 (before its repeal) may
8 conduct the public hearing required under subsection (a):
9 (1) in any county of the solid waste management district; and
10 (2) in accordance with the annual notice of meetings published
11 under IC 13-21-5-2.
12 (c) The trustee of each township in the county shall estimate the
13 amount necessary to meet the cost of township assistance in the
14 township for the ensuing calendar year. The township board shall adopt
15 with the township budget a tax rate sufficient to meet the estimated cost
16 of township assistance. The taxes collected as a result of the tax rate
17 adopted under this subsection are credited to the township assistance
18 fund. After December 31, 2026, this subsection applies only to a
19 township in a county having a consolidated city.
20 (d) A political subdivision for which any of the information under
21 subsection (a) is not submitted to the department's computer gateway
22 in the manner prescribed by the department shall have its most recent
23 annual appropriations and annual tax levy continued for the ensuing
24 budget year.
25 (e) If a political subdivision or appropriate fiscal body timely
26 submits the information under subsection (a) but subsequently
27 discovers the information contains an error, the political subdivision or
28 appropriate fiscal body may submit amended information to the
29 department's computer gateway. However, submission of an
30 amendment to information described in subsection (a)(1) through (a)(7)
31 must occur at least ten (10) days before the public hearing held under
32 subsection (a), and submission of an amendment to information
33 described in subsection (a)(8) must occur at least twenty-four (24)
34 hours before the time in which the meeting to fix the budget, tax rate,
35 and levy was originally advertised to commence.
36 (f) Each year, the governing body of a school corporation that
37 imposes property taxes to pay debt service on bonds or lease rentals on
38 a lease for a controlled project under IC 6-1.1-20, property taxes under
39 an operating referendum tax levy under IC 20-46-1, or property taxes
40 under a school safety referendum tax levy under IC 20-46-9, shall
41 submit the following information at least ten (10) days before the
42 public hearing required by subsection (a) in the manner prescribed by
2025	IN 1233—LS 7512/DI 87 9
1 the department:
2 (1) the purposes specified in the public question submitted to the
3 voters or any revenue spending plans adopted under
4 IC 6-1.1-20-13, IC 20-46-1-8, or IC 20-46-9-6 for:
5 (A) debt service on bonds or lease rentals on a lease for a
6 controlled project under IC 6-1.1-20;
7 (B) an operating referendum tax levy approved by the voters
8 of the school corporation under IC 20-46-1; or
9 (C) a school safety referendum tax levy approved by the voters
10 of the school corporation under IC 20-46-9;
11 as applicable; and
12 (2) the debt service levy fund, operating referendum tax levy
13 fund, or school safety referendum tax levy fund of the school
14 corporation, whichever is applicable;
15 to show whether the school corporation is using revenue collected from
16 the referendum tax levy in the amounts and for the purposes
17 established in the purposes specified in the public question submitted
18 to the voters or the revenue spending plan, as applicable. The
19 department shall make this information available to taxpayers at least
20 ten (10) days before the public hearing.
21 (g) This subsection does not apply to a county having a
22 consolidated city. This subsection applies to budgets for calendar
23 years after 2026 and to property taxes first due and payable after
24 2026. Notwithstanding any other law, in 2026 and each year
25 thereafter, the county trustee shall estimate the amount necessary
26 to meet the cost of township assistance in the county for the
27 ensuing calendar year. The county fiscal body shall adopt with the
28 county budget for property taxes due in 2027 and each year
29 thereafter a uniform tax rate throughout the county sufficient to
30 meet the estimated cost of township assistance in the county. The
31 taxes collected as a result of the tax rate adopted under this
32 subsection shall be credited to the fund established under
33 IC 12-20-21-6.
34 (h) This subsection does not apply to a county having a
35 consolidated city. This subsection applies to budgets for calendar
36 years after 2026 and to property taxes first due and payable after
37 2026. Notwithstanding any other law, in 2026 and each year
38 thereafter, the county fiscal body shall adopt with the county
39 budget for 2027 and thereafter:
40 (1) the budget to carry out the county's firefighting and
emergency services powers and duties in the county 41	in
42 accordance with the county fire protection and emergency
2025	IN 1233—LS 7512/DI 87 10
services plan under IC 36-8-13.6; 1	and
2 (2) the property tax levy for the county's firefighting and
3 emergency services fund or the combined property tax levies
4 for the county's firefighting fund and the county's emergency
5 services fund under IC 6-1.1-18.5-18.5 and IC 36-8-13.7.
6 SECTION 5. IC 6-1.1-18-28, AS AMENDED BY P.L.236-2023,
7 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2025]: Sec. 28. (a) After December 31, 2026, this section
9 applies only to a township in a county having a consolidated city.
10 (a) (b) The executive of a township may, upon approval by the
11 township fiscal body, submit a petition to the department of local
12 government finance for an increase in the township's maximum
13 permissible ad valorem property tax levy for its township firefighting
14 and emergency services fund under IC 36-8-13-4(a)(1) or the levies for
15 the township firefighting fund and township emergency services fund
16 described in IC 36-8-13-4(a)(2), as applicable, for property taxes for
17 any year for which a petition is submitted under this section.
18 (b) (c) If the township submits a petition as provided in subsection
19 (a) (b) before April 1 of a year, the department of local government
20 finance shall increase the township's maximum permissible ad valorem
21 property tax levy for the township firefighting and emergency services
22 fund under IC 36-8-13-4(a)(1) or the combined levies for the township
23 firefighting fund and township emergency services fund described in
24 IC 36-8-13-4(a)(2), as applicable, for property taxes first due and
25 payable in the immediately succeeding year by using the following
26 formula for purposes of subsection (c)(2): (d)(2):
27 STEP ONE: Determine the percentage increase in the population,
28 as determined by the township fiscal body and as may be
29 prescribed by the department of local government finance, that is
30 within the fire protection and emergency services area of the
31 township during the ten (10) year period immediately preceding
32 the year in which the petition is submitted under subsection (a).
33 (b). The township fiscal body may use the most recently available
34 population data issued by the Bureau of the Census during the ten
35 (10) year period immediately preceding the petition.
36 STEP TWO: Determine the greater of zero (0) or the result of:
37 (A) the STEP ONE percentage; minus
38 (B) six percent (6%);
39 expressed as a decimal.
40 STEP THREE: Determine a rate that is the lesser of:
41 (A) fifteen-hundredths (0.15); or
42 (B) the STEP TWO result.
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1 STEP FOUR: Reduce the STEP THREE rate by any rate increase
2 in the township's property tax rate or rates for its township
3 firefighting and emergency services fund, township firefighting
4 fund, or township emergency services fund, as applicable, within
5 the immediately preceding ten (10) year period that was made
6 based on a petition submitted by the township under this section.
7 (c) (d) The township's maximum permissible ad valorem property
8 tax levy for its township firefighting and emergency services fund
9 under IC 36-8-13-4(a)(1) or the combined levies for the township
10 firefighting fund and township emergency services fund described in
11 IC 36-8-13-4(a)(2) for property taxes first due and payable in a given
12 year, as adjusted under this section, shall be calculated as:
13 (1) the amount of the ad valorem property tax levy increase for
14 the township firefighting and emergency services fund under
15 IC 36-8-13-4(a)(1) or the combined levies for the township
16 firefighting fund and township emergency services fund described
17 in IC 36-8-13-4(a)(2), as applicable, without regard to this
18 section; plus
19 (2) an amount equal to the result of:
20 (A) the rate determined under the formula in subsection (b);
21 (c); multiplied by
22 (B) the net assessed value of the fire protection and emergency
23 services area divided by one hundred (100).
24 The calculation under this subsection shall be used in the determination
25 of the township's maximum permissible ad valorem property tax levy
26 under IC 36-8-13-4 for property taxes first due and payable in the first
27 year of the increase and thereafter.
28 SECTION 6. IC 6-1.1-18.5-10.2 IS AMENDED TO READ AS
29 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 10.2. (a) For purposes
30 of determining the property tax levy limit imposed on a township under
31 section 3 of this chapter, the township ad valorem property tax levy for
32 a particular calendar year does not include the amount, if any, of ad
33 valorem property taxes that would be first due and payable to the
34 township during the ensuing calendar year under the authority of
35 IC 36-8-13-4. The amount of ad valorem property taxes levied by the
36 township under the authority of IC 36-8-13-4 shall, for purposes of the
37 property tax levy limits imposed under section 3 of this chapter, be
38 treated as if that levy were made by a separate civil taxing unit.
39 (b) For purposes of determining the property tax levy limit
40 imposed on a county under section 3 of this chapter, the county ad
41 valorem property tax levy for a particular calendar year does not
42 include the amount, if any, of ad valorem property taxes imposed
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1 under IC 36-8-13.7-8 that would be first due and payable to the
2 county during the ensuing calendar year. The amount of ad
3 valorem property taxes levied by the county under IC 36-8-13.7-8
4 shall, for purposes of the property tax levy limits imposed under
5 section 3 of this chapter, be treated as if that levy were made by a
6 separate civil taxing unit.
7 SECTION 7. IC 6-1.1-18.5-18.5 IS ADDED TO THE INDIANA
8 CODE AS A NEW SECTION TO READ AS FOLLOWS
9 [EFFECTIVE JULY 1, 2025]: Sec. 18.5. (a) This section does not
10 apply to a county having a consolidated city.
11 (b) Subject to subsection (d), the maximum permissible ad
12 valorem property tax levy for the county's firefighting and
13 emergency services fund or the combined property tax levies for
14 the county's firefighting fund and the emergency services fund
15 under IC 36-8-13.7-8 for property taxes first due and payable after
16 December 31, 2026, is the amount determined in STEP TWO of the
17 following STEPS:
18 STEP ONE: Determine:
19 (A) for ad valorem property taxes first due and payable in
20 2027:
21 (i) the combined maximum ad valorem property tax levy
22 under this chapter of all the townships in the county for
23 the townships' firefighting and emergency services funds
24 and the townships' firefighting funds and emergency
25 services funds established under IC 36-8-13-4 for
26 property taxes first due and payable in 2026; plus
27 (ii) the combined maximum ad valorem property tax
28 levy for property taxes first due and payable for all fire
29 protection territories and fire protection districts in the
30 county that are abolished in the first year in which the
31 county is responsible for providing fire protection and
32 emergency services; or
33 (B) for ad valorem property taxes first due and payable
34 after 2027 the maximum permissible ad valorem:
35 (i) property tax levy for the county's firefighting and
36 emergency services fund established under IC 36-8-13-4;
37 or
38 (ii) combined levies for the county's firefighting fund and
39 the county's emergency services fund established under
40 IC 36-8-13-4;
41 as determined under this section for ad valorem property
42 taxes first due and payable in the immediately preceding
2025	IN 1233—LS 7512/DI 87 13
1 calendar year.
2 STEP TWO: Multiply the amount determined in STEP ONE
3 by the amount determined in the last STEP of section 2(b) of
4 this chapter.
5 (c) Notwithstanding any other law, the county fiscal body shall
6 impose the first property tax levy for the county's firefighting and
7 emergency services fund or the combined levies for the county's
8 firefighting fund and the county's emergency services fund under
9 IC 36-8-13.7-8 beginning with property taxes first due and payable
10 in 2027.
11 (d) Notwithstanding any other law, the department of local
12 government finance may adjust the maximum permissible ad
13 valorem property tax levy of any political subdivision as necessary
14 and proper to account for the transfer of fire protection and
15 emergency services powers and duties from townships to counties
16 after December 31, 2026.
17 SECTION 8. IC 6-1.1-18.5-22 IS ADDED TO THE INDIANA
18 CODE AS A NEW SECTION TO READ AS FOLLOWS
19 [EFFECTIVE JULY 1, 2025]: Sec. 22. (a) This section applies only
20 to a county not having a consolidated city.
21 (b) For purposes of determining the property tax levy limit
22 imposed on a county under section 3 of this chapter, the county ad
23 valorem property tax levy for a particular calendar year does not
24 include the amount, if any, of ad valorem property taxes imposed
25 for township assistance. A separate maximum permissible ad
26 valorem property tax levy for township assistance shall be
27 determined as provided in this section for 2027 and thereafter.
28 (c) The county's maximum permissible ad valorem property tax
29 levy for township assistance for property taxes first due and
30 payable in 2027 is equal to the result of:
31 (1) the total amount of property taxes levied for township
32 assistance by all townships in the county for property taxes
33 first due and payable in 2026; multiplied by
34 (2) the maximum levy growth quotient determined under
35 section 2 of this chapter for 2027.
36 (d) The county's maximum permissible ad valorem property tax
37 levy for township assistance for property taxes for an ensuing
38 calendar year after 2027 is equal to:
39 (1) the county's maximum permissible ad valorem property
40 tax levy for township assistance determined under this section
41 for the current calendar year; multiplied by
42 (2) the maximum levy growth quotient determined under
2025	IN 1233—LS 7512/DI 87 14
1 section 2 of this chapter for the ensuing calendar year.
2 SECTION 9. IC 12-7-2-46.3 IS ADDED TO THE INDIANA CODE
3 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
4 1, 2025]: Sec. 46.3. "County trustee" for purposes of IC 12-20 and
5 IC 12-30 means the county trustee elected under IC 3-10-2-13.
6 SECTION 10. IC 12-20-1-2.5 IS ADDED TO THE INDIANA
7 CODE AS A NEW SECTION TO READ AS FOLLOWS
8 [EFFECTIVE JULY 1, 2025]: Sec. 2.5. In a county not having a
9 consolidated city:
10 (1) Before January 1, 2027, township assistance is
11 administered in each township. The township trustee is the
12 administrator of township assistance in the township.
13 (2) After December 31, 2026, township assistance is
14 administered on a county basis by the county trustee elected
15 under IC 3-10-2-13.
16 SECTION 11. IC 12-20-1-6.5 IS ADDED TO THE INDIANA
17 CODE AS A NEW SECTION TO READ AS FOLLOWS
18 [EFFECTIVE JULY 1, 2025]: Sec. 6.5. (a) This section applies only
19 to a county not having a consolidated city.
20 (b) A township assistance advisory group is established in the
21 county. Each member of the county executive shall appoint a
22 township trustee from the member's district to serve on the
23 advisory group as a member. The president of the county executive
24 shall chair the advisory group. The advisory group shall:
25 (1) submit recommendations to the county executive and the
26 county fiscal body regarding the transition from township
27 responsibility for township assistance to county responsibility
28 for township assistance; and
29 (2) take steps as necessary to assist the transition of
30 responsibility for township assistance.
31 (c) The advisory group is abolished January 1, 2027.
32 SECTION 12. IC 12-20-1-7 IS ADDED TO THE INDIANA CODE
33 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
34 1, 2025]: Sec. 7. (a) This section applies only to a county not having
35 a consolidated city. This section applies after December 31, 2026.
36 (b) The county trustee shall administer township assistance in
37 the county on a countywide basis.
38 (c) The following apply to the administration of township
39 assistance in the county:
40 (1) A suit or proceeding in favor of or against the county
41 trustee concerning township assistance shall be conducted in
42 favor of or against the county in the county's corporate name.
2025	IN 1233—LS 7512/DI 87 15
1 (2) The county trustee is subject to the same privileges and
2 immunities as are accorded to a township trustee under
3 IC 12-20-3.
4 (3) The county trustee shall propose uniform standards for
5 the issuance of township assistance throughout the county and
6 the processing of applications for township assistance that
7 meet the requirements of IC 12-20-5.5. The standards shall be
8 adopted by the county executive and filed with the county
9 fiscal body.
10 (4) The county trustee has the same powers in the
11 administration of township assistance for the county as a
12 township trustee has in the administration of township
13 assistance for a township under IC 12-20-4, IC 12-20-5,
14 IC 12-20-15, IC 12-20-16, IC 12-20-17, IC 12-20-18, and
15 IC 12-20-19.
16 (5) The same standards and requirements that:
17 (A) apply to; or
18 (B) may be imposed upon;
19 recipients of and applicants for township assistance under
20 IC 12-20-6, IC 12-20-7, IC 12-20-8, IC 12-20-9, IC 12-20-10,
21 IC 12-20-11, IC 12-20-12, and IC 12-20-13 apply to or may be
22 imposed upon recipients of and applicants for township
23 assistance administered by the county trustee.
24 (6) The county trustee may assert a claim against the estate of
25 an individual who received township assistance from the
26 county to the same extent as a township trustee may assert a
27 claim under IC 12-20-27 against the estate of an individual
28 who received township assistance from a township.
29 (7) The county trustee is subject to the same reporting
30 requirements with respect to township assistance
31 administered on a countywide basis as a township trustee is
32 subject to under IC 12-20-28 with respect to township
33 assistance administered on a township basis.
34 (8) State and local agencies shall provide the county trustee
35 with the information provided to a township trustee under
36 IC 12-20-7. The county trustee or an employee of the county
37 is subject to the criminal penalty set forth in IC 12-20-7-6 for
38 disclosure of information.
39 (9) An applicant for township assistance and the county
40 trustee may appeal a decision regarding township assistance
41 in the same manner that an appeal is taken under
42 IC 12-20-15.
2025	IN 1233—LS 7512/DI 87 16
1 (10) The department of workforce development, the county
2 office of the division of family resources, and any other state
3 or local government agency shall cooperate with and assist the
4 county trustee in carrying out the county trustee's duties
5 under this section and other statutes.
6 (d) Any application for township assistance for which the
7 township has not entered a final decision regarding the granting or
8 denial of township assistance by the close of business December 31,
9 2026, shall be treated as a new application filed with the county as
10 of that date. The county trustee shall make a decision on the
11 application in accordance with the uniform standards adopted
12 under subsection (c)(3).
13 (e) Any application for township assistance that has been
14 granted before January 1, 2027, but for which assistance has not
15 been disbursed by the township, shall be disbursed and
16 administered by the county trustee in accordance with the
17 township's grant of township assistance.
18 (f) The county trustee shall prepare the county's township
19 assistance budget and submit it to the county fiscal body for
20 approval.
21 SECTION 13. IC 12-20-1.5 IS ADDED TO THE INDIANA CODE
22 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2025]:
24 Chapter 1.5. Township Assistance Plan in Counties Other Than
25 Marion County
26 Sec. 1. This chapter applies only to a county not having a
27 consolidated city.
28 Sec. 2. The county executive shall prepare a plan for the delivery
29 of township assistance throughout the county. The plan shall take
30 effect January 1, 2027.
31 Sec. 3. (a) In preparing a plan, the county executive shall:
32 (1) consider whether areas are overserved or underserved in
33 the delivery of township assistance;
34 (2) determine whether the county may contract with a service
35 provider to provide some or all township assistance services
36 to the county; and
37 (3) recognize and coordinate with other providers of relief for
38 indigent persons.
39 (b) The plan must meet the requirements of this chapter.
40 Sec. 4. After preparing a plan, the county executive shall review
41 the plan during at least two (2) public meetings at which the public
42 and any interested parties are entitled to the opportunity to
2025	IN 1233—LS 7512/DI 87 17
1 comment on the plan.
2 Sec. 5. A plan adopted under this chapter must include the
3 following:
4 (1) A plan specifying any necessary requirements in the
5 transition to the delivery of township assistance throughout
6 the county.
7 (2) The county's procedures for application and review of
8 township assistance requests.
9 (3) The forms of township assistance.
10 (4) A description of the supervisors, investigators, assistants,
11 or other necessary employees that will be employed in
12 discharging the coordinator's duties concerning the provision
13 of township assistance, and a recommendation concerning the
14 compensation of these employees.
15 (5) A description of the offices that must be maintained in the
16 county to carry out the coordinator's duties concerning the
17 provision of township assistance.
18 (6) A description of the proposed standards for township
19 assistance.
20 (7) In the case of any service, program, limitation, power, or
21 duty that may under this article or IC 12-30-4 be included in
22 the plan, a description of whether or not that service,
23 program, limitation, power, or duty is included in the plan.
24 (8) Any other provisions necessary to address the provision of
25 township assistance under this article.
26 Sec. 6. (a) The definitions in IC 5-11-1-16 apply to this section.
27 (b) A service provider that contracts with a county to provide
28 some or all township assistance services to the county is an entity
29 that is subject to examination by the state board of accounts to the
30 extent required under IC 5-11-1-9. A service provider shall be
31 responsible for the costs of an examination.
32 Sec. 7. After a plan is approved by the county executive, the plan
33 and the transfer of township assistance responsibilities to the
34 county as provided in the plan take effect January 1, 2027.
35 Sec. 8. After January 1, 2027, the county trustee may adopt
36 amendments to the plan.
37 SECTION 14. IC 12-20-20-1, AS AMENDED BY P.L.134-2016,
38 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39 JULY 1, 2025]: Sec. 1. (a) After December 31, 2026, this subsection
40 applies only to a county having a consolidated city. If a township
41 trustee, as administrator of township assistance, grants township
42 assistance to an indigent individual or to any other person or agency on
2025	IN 1233—LS 7512/DI 87 18
1 a township assistance order as provided by law or obligates the
2 township for an item properly payable from township assistance
3 money, the claim against the township must be:
4 (1) itemized and sworn to as provided by law;
5 (2) accompanied by the original township assistance order, which
6 must be itemized and signed; and
7 (3) checked with the records of the township trustee, as
8 administrator of township assistance, and audited and certified by
9 the township trustee.
10 (b) After December 31, 2026, this subsection applies only to a
11 county having a consolidated city. The township trustee shall pay
12 claims against the township for township assistance in the same manner
13 that other claims against the township are paid. The township trustee,
14 when authorized to pay claims directly to vendors, shall pay a claim
15 within forty-five (45) days. The township trustee shall pay the claim
16 from:
17 (1) any balance standing to the credit of the township against
18 which the claim is filed; or
19 (2) from any other available fund from which advancements can
20 be made to the township for that purpose.
21 (c) A township assistance claim for prepaid electric service shall be
22 paid in accordance with IC 12-20-16-3.5.
23 (d) This subsection applies after December 31, 2026. This
24 subsection applies only to a county not having a consolidated city.
25 A county shall pay claims against the county for township
26 assistance in the same manner that other claims against the county
27 are paid. Notwithstanding IC 5-11-10, the county auditor may
28 make payments for claims payable from the county township
29 assistance fund established by IC 12-20-21-6 in advance of an
30 allowance by the county executive. Each payment of expenses
31 under this section must be supported by a fully itemized invoice or
32 bill and certification by the county auditor. The county executive
33 shall review and allow the claim at its next regular or special
34 meeting following the preapproved payment of the expense. The
35 county trustee when authorized to pay claims directly to vendors,
36 shall pay a claim within forty-five (45) days.
37 SECTION 15. IC 12-20-21-6 IS ADDED TO THE INDIANA
38 CODE AS A NEW SECTION TO READ AS FOLLOWS
39 [EFFECTIVE JULY 1, 2025]: Sec. 6. (a) This section applies only to
40 a county not having a consolidated city. On January 1, 2027, a
41 township assistance fund is established in each county.
42 (b) The fund shall be raised by a tax levy that:
2025	IN 1233—LS 7512/DI 87 19
1 (1) is in addition to all other tax levies authorized; and
2 (2) subject to IC 6-1.1-18.5-22, shall be levied annually for
3 property taxes first due and payable in 2027 and thereafter by
4 the county fiscal body on all taxable property in the county in
5 the amount necessary to pay the items, awards, claims,
6 allowances, assistance, and other expenses set forth in the
7 annual county township assistance budget.
8 (c) The tax imposed under this section shall be collected as other
9 state and county ad valorem taxes are collected.
10 (d) The following shall be paid into the fund:
11 (1) All receipts from the tax imposed under this section.
12 (2) Any other money required by law to be placed in the fund.
13 (e) The fund is available to pay township assistance expenses
14 and obligations set forth in the annual budget.
15 (f) Money in the fund at the end of a budget year does not revert
16 to the county general fund.
17 (g) The department of local government finance shall, for
18 property taxes first due and payable after December 31, 2026,
19 adjust the maximum permissible ad valorem property tax levy of
20 the county as necessary and proper to account for the transfer of
21 township assistance budgeting and property tax levies from
22 townships to counties after December 31, 2026.
23 SECTION 16. IC 12-20-24-0.5 IS ADDED TO THE INDIANA
24 CODE AS A NEW SECTION TO READ AS FOLLOWS
25 [EFFECTIVE JULY 1, 2025]: Sec. 0.5. After December 31, 2026, this
26 chapter applies only to a county having a consolidated city.
27 SECTION 17. IC 12-20-24.5 IS ADDED TO THE INDIANA
28 CODE AS A NEW CHAPTER TO READ AS FOLLOWS
29 [EFFECTIVE JULY 1, 2025]:
30 Chapter 24.5. Township Assistance Borrowing for Counties
31 Other Than Marion County
32 Sec. 1. This chapter applies only to a county that does not have
33 a consolidated city. This chapter applies after December 31, 2026.
34 Sec. 2. (a) In addition to the other methods of township
35 assistance financing provided by this article, if the county trustee
36 determines that the county's township assistance fund will be
37 exhausted before the end of a fiscal year, the county trustee shall
38 notify the county fiscal body of that determination.
39 (b) After receiving notice under subsection (a) that the county's
40 township assistance fund will be exhausted before the end of a
41 fiscal year, the county fiscal body may appeal to the department of
42 local government finance for the right to borrow money on a short
2025	IN 1233—LS 7512/DI 87 20
1 term basis to fund township assistance services in the county. In
2 the appeal, the county fiscal body must do the following:
3 (1) Show that the amount of money contained in the township
4 assistance fund will not be sufficient to fund services required
5 to be provided within the county by this article.
6 (2) Show the amount of money that the county fiscal body
7 estimates will be needed to fund the deficit.
8 (3) Indicate a period, not to exceed five (5) years, during
9 which the county would repay the loan.
10 Sec. 3. (a) If upon appeal under section 2 of this chapter the
11 department of local government finance determines that a county
12 fiscal body should be allowed to borrow money under this chapter,
13 the department shall order the county trustee to borrow the money
14 from a financial institution on behalf of the county fiscal body and
15 to deposit the money borrowed in the county's township assistance
16 fund.
17 (b) If upon appeal under section 2 of this chapter, the
18 department of local government finance determines that a county
19 fiscal body should not be allowed to borrow money, the county
20 fiscal body may not borrow money under this chapter for that
21 year.
22 Sec. 4. If a loan is approved under this chapter, the department
23 of local government finance shall determine the period during
24 which the county shall repay the loan. However, the period may
25 not exceed five (5) years.
26 Sec. 5. The department of local government finance may not do
27 any of the following:
28 (1) Approve a request to borrow money made under this
29 chapter unless the county fiscal body determines that the
30 county's township assistance fund will be exhausted before the
31 fund can fund all county obligations incurred under this
32 article.
33 (2) Recommend or approve a loan that will exceed the
34 estimated amount of the deficit.
35 Sec. 6. (a) If a county fiscal body:
36 (1) appeals before August 1 for permission to borrow money;
37 (2) receives permission from the department to borrow money
38 before November 1 of that year; and
39 (3) borrows money under this chapter;
40 the county fiscal body shall levy a property tax beginning in the
41 next succeeding year and continuing for the term of the loan in an
42 amount each year that will be sufficient to pay the principal and
2025	IN 1233—LS 7512/DI 87 21
1 interest due on the loan for the year.
2 (b) If the county fiscal body:
3 (1) appeals after August 1 for permission to borrow money;
4 (2) receives permission from the department of local
5 government finance to borrow money; and
6 (3) borrows money in the year of the appeal under this
7 chapter;
8 the county fiscal body shall levy a property tax beginning in the
9 second succeeding year and continuing for the term of the loan in
10 an amount each year that will be sufficient to pay the principal and
11 interest due on the loan for the year.
12 (c) The property taxes levied under this section shall be retained
13 by the county executive and applied by the county executive to
14 retire the debt.
15 Sec. 7. A county fiscal body must make an additional
16 appropriation before money borrowed under this chapter may be
17 spent.
18 SECTION 18. IC 12-20-26-0.5 IS ADDED TO THE INDIANA
19 CODE AS A NEW SECTION TO READ AS FOLLOWS
20 [EFFECTIVE JULY 1, 2025]: Sec. 0.5. This chapter does not apply
21 after December 31, 2026, to a county not having a consolidated
22 city.
23 SECTION 19. IC 15-16-7-4, AS ADDED BY P.L.2-2008,
24 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2025]: Sec. 4. (a) The weed control board consists of the
26 following members to be appointed by the authorizing body:
27 (1) One (1) member who is:
28 (A) a township trustee of a township in the county; or
29 (B) after December 31, 2026, in a county that does not have
30 a consolidated city, the county trustee, who is responsible
31 for the destruction of detrimental plants described in this
32 chapter.
33 (2) One (1) soil and water conservation district supervisor.
34 (3) One (1) representative from the agricultural community of the
35 county.
36 (4) One (1) representative from the county highway department
37 or an appointee of the county commissioners.
38 (5) One (1) cooperative extension service agent from the county
39 to serve in a nonvoting advisory capacity.
40 (b) Each board member shall be appointed for a term of four (4)
41 years. All vacancies in the membership of the board shall be filled for
42 the unexpired term in the same manner as initial appointments.
2025	IN 1233—LS 7512/DI 87 22
1 (c) The board shall elect a chairperson and a secretary. The
2 members of the board are not entitled to receive any compensation, but
3 are entitled to any traveling and other expenses that are necessary in the
4 discharge of the members' duties.
5 SECTION 20. IC 36-2-2.9-3, AS ADDED BY P.L.139-2024,
6 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2025]: Sec. 3. As used in this chapter, "county officer" means
8 the following:
9 (1) Assessor.
10 (2) Auditor.
11 (3) Coroner.
12 (4) Recorder.
13 (5) Sheriff.
14 (6) Surveyor.
15 (7) Treasurer.
16 (8) Clerk of the circuit court.
17 (9) County fiscal body.
18 (10) County trustee.
19 SECTION 21. IC 36-2-6-4.6 IS ADDED TO THE INDIANA CODE
20 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
21 1, 2025]: Sec. 4.6. (a) This section applies only to a county that does
22 not have a consolidated city.
23 (b) Notwithstanding IC 5-11-10, after December 31, 2026, the
24 county auditor may make payments for claims payable from the
25 county township assistance fund under IC 12-20-21-6 in advance
26 of allowance by the county executive. Each payment of expenses
27 under this section must be supported by a fully itemized invoice or
28 bill and certification by the county auditor. The county executive
29 shall review and allow the claim at its next regular or special
30 meeting following the preapproved payment of the expense.
31 SECTION 22. IC 36-2-15.5 IS ADDED TO THE INDIANA CODE
32 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2025]:
34 Chapter 15.5. County Trustee
35 Sec. 1. This chapter applies to all counties.
36 Sec. 2. (a) A county trustee shall be elected under IC 3-10-2-13
37 by the voters of each county.
38 (b) The term of office of a county trustee is four (4) years,
39 beginning January 1 after election and continuing until a successor
40 is elected and qualified.
41 Sec. 3. A county trustee must reside within the county as
42 provided in Article 6, Section 6 of the Constitution of the State of
2025	IN 1233—LS 7512/DI 87 23
1 Indiana. The county trustee forfeits office if the county trustee
2 ceases to be a resident of the county.
3 Sec. 4. The county trustee shall do the following:
4 (1) Administer township assistance countywide under
5 IC 12-20 and IC 12-30-4.
6 (2) File an annual personnel report under IC 5-11-13.
7 (3) Provide insulin to the poor under IC 12-20-16.
8 (4) Perform other duties prescribed by statute.
9 Sec. 5. The county trustee may do the following:
10 (1) Administer oaths when necessary in the discharge of
11 official duties.
12 (2) Personally use a county vehicle for the performance of
13 official duties.
14 (3) Exercise other powers granted by statute.
15 SECTION 23. IC 36-2-16-4, AS AMENDED BY P.L.233-2015,
16 SECTION 337, IS AMENDED TO READ AS FOLLOWS
17 [EFFECTIVE JULY 1, 2025]: Sec. 4. Each of the following county
18 officers is entitled to appoint one (1) first or chief deputy, and also may
19 appoint the number of other full-time or part-time deputies and
20 employees authorized by the county fiscal body:
21 (1) The county auditor.
22 (2) The county treasurer.
23 (3) The county recorder.
24 (4) The county sheriff.
25 (5) The county trustee.
26 SECTION 24. IC 36-2-17-2, AS AMENDED BY P.L.233-2015,
27 SECTION 338, IS AMENDED TO READ AS FOLLOWS
28 [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) The county auditor, county
29 treasurer, county surveyor, county trustee, and county sheriff shall
30 keep in their offices all records that they are required to make and shall
31 deliver them to their successors.
32 (b) The clerk of the circuit court, county auditor, and county
33 recorder shall use permanent jet-black, nonfading ink when preparing
34 official records in longhand. A person who violates this subsection
35 commits a Class C infraction.
36 SECTION 25. IC 36-2-21 IS ADDED TO THE INDIANA CODE
37 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
38 JULY 1, 2025]:
39 Chapter 21. County Fire Protection Duties
40 Sec. 1. This chapter applies only to a county not having a
41 consolidated city.
42 Sec. 2. Beginning January 1, 2027:
2025	IN 1233—LS 7512/DI 87 24
1 (1) the powers and duties of township government and the
2 township trustee related to providing fire protection and
3 emergency services in the unincorporated areas of the county
4 are transferred to the county; and
5 (2) the county is responsible for providing fire protection and
6 emergency services in the unincorporated area of the county.
7 Sec. 3. After December 31, 2026, fire protection and emergency
8 services in a county are governed by and subject to a county fire
9 protection and emergency services plan adopted under
10 IC 36-8-13.6.
11 Sec. 4. In carrying out fire protection and emergency services
12 responsibilities, the county executive shall, as provided in the
13 county's fire protection and emergency services plan adopted
14 under IC 36-8-13.6, provide for fire protection and emergency
15 services in the county through any combination of:
16 (1) operating a county fire department;
17 (2) contracting with or otherwise cooperating with any
18 municipality, county, fire protection district, volunteer fire
19 department, fire protection territory, or other entity; or
20 (3) entering into mutual aid agreements.
21 SECTION 26. IC 36-5-1.1-1 IS AMENDED TO READ AS
22 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. This chapter applies
23 to:
24 (1) towns having a population of less than five hundred (500); one
25 thousand (1,000); and
26 (2) included towns (as defined in IC 36-3-1-7).
27 SECTION 27. IC 36-5-1.1-2 IS AMENDED TO READ AS
28 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) Proceedings to
29 dissolve a town may be:
30 (1) instituted by the filing of a petition:
31 (A) under section 10.5 or 10.6 of this chapter; or
32 (B) by filing: with the executive of the county containing more
33 than fifty percent (50%) in assessed valuation of the land in
34 the town:
35 (1) (i) a resolution adopted by the town legislative body
36 requesting dissolution; or
37 (2) (ii) a petition signed by at least twenty-five percent
38 (25%) of the town's voters registered at the last general
39 election;
40 with the executive of the county containing more than fifty
41 percent (50%) in assessed valuation of the land in the town;
42 or
2025	IN 1233—LS 7512/DI 87 25
1 (2) under section 2.5 of this chapter.
2 (b) On receipt of a petition or resolution for dissolution under
3 subsection (a), the county executive shall mark the petition or
4 resolution with the date of filing.
5 SECTION 28. IC 36-5-1.1-2.5 IS ADDED TO THE INDIANA
6 CODE AS A NEW SECTION TO READ AS FOLLOWS
7 [EFFECTIVE JULY 1, 2025]: Sec. 2.5. (a) This section applies only
8 to a town that:
9 (1) has a population of not more than one thousand (1,000);
10 and
11 (2) is not an included town.
12 (b) Not later than November 1, 2025, and November 1 every
13 four (4) years thereafter, each incorporated town in the county
14 shall file a written report with the county executive of the county
15 in which the town is primarily located. The report shall include the
16 following information:
17 (1) Whether the town:
18 (A) owns or operates a municipally owned utility (as
19 defined in IC 8-1-2-1);
20 (B) provides to town residents, either directly or by
21 contracting with another political subdivision:
22 (i) solid waste management services;
23 (ii) water services;
24 (iii) sewage services;
25 (iv) stormwater collection and disposal services;
26 (v) electric services; or
27 (vi) gas services;
28 (C) provides street and road maintenance, street
29 construction, street lighting;
30 (D) provides police protection; or
31 (E) provides fire protection and emergency services either
32 directly or by contracting with:
33 (i) another political subdivision;
34 (ii) a volunteer fire department;
35 (iii) a fire protection district; or
36 (iv) a fire protection territory.
37 If the town answers "yes" to clause (A), (B), (C), (D), or (E),
38 the town shall provide a detailed explanation.
39 (2) The following financial information and documentation:
40 (A) Cash balances by fund and overall.
41 (B) Fund deficits and surpluses by fund and overall.
42 (C) Operating deficit or surplus.
2025	IN 1233—LS 7512/DI 87 26
1 (D) Outstanding debt and annual debt service obligations.
2 (E) Total and per capita expenditures.
3 (F) Salaries and benefits of town employees and town
4 officials.
5 (G) The costs for delivery of services under subdivision
6 (1)(A) through (1)(E), excluding personnel costs reported
7 under clause (F) of this subdivision.
8 (c) The county executive shall conduct a public hearing as
9 provided in section 3 of this chapter on each written report filed.
10 The county executive shall approve dissolution of the town if the
11 county executive finds that the town:
12 (1) has a population of less than one thousand (1,000) as
13 determined in the last federal decennial census; and
14 (2) the town's operating costs, including salaries, utilities,
15 maintenance of public facilities, insurance, and administrative
16 costs, exceed the town's costs for delivery of services to the
17 town's residents.
18 SECTION 29. IC 36-5-1.1-3 IS AMENDED TO READ AS
19 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. (a) The county
20 executive shall hold a public hearing on a petition or resolution for
21 dissolution filed under section 2 of this chapter not less than sixty (60)
22 nor more than ninety (90) days after the date of the filing of the petition
23 or resolution. The county executive shall publish notice of the hearing
24 in accordance with IC 5-3-1.
25 (b) The county executive shall hold a public hearing on a report
26 filed under section 2.5 of this chapter not less than sixty (60) days
27 nor more than ninety (90) days after the date of the report. The
28 county executive shall publish notice of the hearing in accordance
29 with IC 5-3-1.
30 SECTION 30. IC 36-5-1.1-4 IS AMENDED TO READ AS
31 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4. (a) This section
32 does not apply to a dissolution under section 2.5 of this chapter.
33 (a) (b) The county executive shall forward one (1) copy of the
34 resolution or petition filed under section 2 of this chapter to the plan
35 commission, if any, having jurisdiction.
36 (b) (c) The plan commission shall submit their written
37 recommendations for approval or disapproval of dissolution to the
38 county executive at least ten (10) days before the hearing required by
39 section 3 of this chapter.
40 SECTION 31. IC 36-5-1.1-6 IS AMENDED TO READ AS
41 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 6. The county executive
42 shall, on the date fixed under section 3 of this chapter, hear and
2025	IN 1233—LS 7512/DI 87 27
1 determine the petition, or resolution, or report, and render a decision
2 on the question of dissolution.
3 SECTION 32. IC 36-5-1.1-7 IS AMENDED TO READ AS
4 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 7. (a) This subsection
5 does not apply to dissolution under section 2.5 of this chapter. At
6 the hearing the county executive shall approve dissolution unless the
7 evidence establishes that: any of the following:
8 (1) The petition requesting dissolution has not been signed by at
9 least twenty-five percent (25%) of the voters.
10 (2) There are enough invalid signatures on the petition requesting
11 dissolution to reduce the number of valid signatures to below
12 twenty-five percent (25%) of the voters.
13 (3) At least twenty-five percent (25%) of the town's voters have
14 signed a petition under section 5 of this chapter remonstrating
15 against the dissolution; or
16 (4) The town legislative body has passed a resolution opposing
17 dissolution.
18 SECTION 33. IC 36-5-1.1-8 IS AMENDED TO READ AS
19 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 8. (a) The county
20 executive shall permit the residents of the town to submit evidence
21 challenging the sufficiency or the validity of: either:
22 (1) a petition or resolution for dissolution; or
23 (2) a petition opposed to dissolution.
24 (b) The county executive shall permit the residents of the town
25 to submit evidence challenging the sufficiency or the validity of any
26 matter asserted under section 2.5 of this chapter.
27 SECTION 34. IC 36-5-1.1-10, AS AMENDED BY P.L.104-2022,
28 SECTION 167, IS AMENDED TO READ AS FOLLOWS
29 [EFFECTIVE JULY 1, 2025]: Sec. 10. (a) If the county executive
30 approves dissolution under section 6 of this chapter, the county
31 executive shall adopt:
32 (1) an ordinance; or
33 (2) an order in a county having a consolidated city;
34 dissolving the town.
35 (b) A dissolution takes effect:
36 (1) at least sixty (60) days after the ordinance or order under
37 subsection (a) is adopted; and
38 (2) when the county auditor files a copy of the ordinance or order
39 with:
40 (A) the circuit court clerk of each county in which the town is
41 located; and
42 (B) the office of the secretary of state.
2025	IN 1233—LS 7512/DI 87 28
1 (c) The property owned by the town after payment of debts and
2 liabilities shall be disposed of by the county executive. Any proceeds
3 remaining shall be deposited in the county general fund. Dissolution of
4 a town does not affect the validity of a contract to which the town is a
5 party.
6 (d) (c) After dissolution, the books and records of the town become
7 the property of the county executive for safekeeping. On the
8 dissolution date, the following occurs:
9 (1) The offices of town board member and town clerk are
10 abolished and the term of office of any individual holding
11 these offices ends. However, the abolition of the offices does
12 not invalidate any actions adopted or taken by the town board
13 or town clerk before the dissolution date.
14 (2) All:
15 (1) assets;
16 (2) debts;
17 (3) property rights;
18 (4) equipment;
19 (5) records; and
20 (6) contracts;
21 connected with the operations of the town government in the
22 county related to town government functions are transferred
23 to the county executive.
24 (3) Dissolution of a town does not affect the validity of a
25 contract to which the town is a party.
26 (4) The balance in the town's general fund is transferred to
27 the county. IC 36-1-8-5 does not apply to the balance.
28 (5) The county shall assume, defease, pay, or refund all town
29 indebtedness or lease rental obligations incurred by the town
30 before the dissolution date. The balance in a debt service fund
31 of the town is transferred to the county to be used by the
32 county to pay indebtedness or lease rentals for which the fund
33 was established. Any balance remaining in the fund after all
34 payments for indebtedness or lease rentals required under
35 this section have been made is transferred to the appropriate
36 county fund.
37 (6) The county may levy property taxes to pay town
38 indebtedness or lease rental obligations incurred by a town
39 only in the geographic area of the town that originally issued
40 the debt or entered into the lease rental agreement. The
41 former territory of the town comprises a taxing district for
42 the payment of town indebtedness or lease rental obligations
2025	IN 1233—LS 7512/DI 87 29
1 existing at the time the town is dissolved.
2 (7) Indebtedness or any pension obligations incurred by the
3 town before dissolution:
4 (A) may not be imposed on taxpayers that were not
5 responsible for payment of the indebtedness or pension
6 obligations before the dissolution of the town; and
7 (B) must be paid by the taxpayers that were responsible for
8 payment of the indebtedness before the dissolution of the
9 town.
10 (8) The department of local government finance shall adjust
11 maximum permissible property tax levies and property tax
12 rates of units of local government as necessary to account for
13 the dissolution of a town under this chapter.
14 SECTION 35. IC 36-6-1.5-1, AS ADDED BY P.L.240-2005,
15 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16 JULY 1, 2025]: Sec. 1. (a) This chapter does not apply to a township
17 in a county containing a consolidated city.
18 (b) This chapter expires January 1, 2027.
19 SECTION 36. IC 36-6-1.6-11 IS ADDED TO THE INDIANA
20 CODE AS A NEW SECTION TO READ AS FOLLOWS
21 [EFFECTIVE JULY 1, 2025]: Sec. 11. This chapter expires January
22 1, 2027.
23 SECTION 37. IC 36-6-4-1 IS AMENDED TO READ AS
24 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. This chapter applies
25 to all townships. as follows:
26 (1) Before January 1, 2027, this chapter applies to all
27 townships.
28 (2) After December 31, 2026, this chapter applies only to
29 townships in a county having a consolidated city.
30 SECTION 38. IC 36-6-5-1, AS AMENDED BY P.L.167-2015,
31 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 JULY 1, 2025]: Sec. 1. (a) Subject to subsection (g), before 2009, a
33 township assessor shall be elected under IC 3-10-2-13 by the voters of
34 each township:
35 (1) having:
36 (A) a population of more than eight thousand (8,000); or
37 (B) an elected township assessor or the authority to elect a
38 township assessor before January 1, 1979; and
39 (2) in which the number of parcels of real property on January 1,
40 2008, is at least fifteen thousand (15,000).
41 (b) Subject to subsection (g), before 2009, a township assessor shall
42 be elected under IC 3-10-2-14 (repealed effective July 1, 2008) in each
2025	IN 1233—LS 7512/DI 87 30
1 township:
2 (1) having a population of more than five thousand (5,000) but
3 not more than eight thousand (8,000), if:
4 (A) the legislative body of the township, by resolution,
5 declares that the office of township assessor is necessary; and
6 (B) the resolution is filed with the county election board not
7 later than the first date that a declaration of candidacy may be
8 filed under IC 3-8-2; and
9 (2) in which the number of parcels of real property on January 1,
10 2008, is at least fifteen thousand (15,000).
11 (c) Subject to subsection (g), a township government that is created
12 by merger under IC 36-6-1.5 shall elect only one (1) township assessor
13 under this section. This subsection expires on January 1, 2027.
14 (d) Subject to subsection (g), after 2008 a township assessor shall
15 be elected under IC 3-10-2-13 only by the voters of each township in
16 which:
17 (1) the number of parcels of real property on January 1, 2008, is
18 at least fifteen thousand (15,000); and
19 (2) the transfer to the county assessor of the assessment duties
20 prescribed by IC 6-1.1 is disapproved in the referendum under
21 IC 36-2-15.
22 (e) The township assessor must reside within the township as
23 provided in Article 6, Section 6 of the Constitution of the State of
24 Indiana. The assessor forfeits office if the assessor ceases to be a
25 resident of the township.
26 (f) The term of office of a township assessor is four (4) years,
27 beginning January 1 after election and continuing until a successor is
28 elected and qualified. However, the term of office of a township
29 assessor elected at a general election in which no other township
30 officer is elected ends on December 31 after the next election in which
31 any other township officer is elected.
32 (g) To be eligible to serve as a township assessor, an individual
33 must meet the following qualifications before taking office:
34 (1) If the individual has never held the office of township
35 assessor, the individual must have attained a level two
36 assessor-appraiser certification under IC 6-1.1-35.5.
37 (2) If the individual has held the office of township assessor, the
38 individual must have attained a level three assessor-appraiser
39 certification under IC 6-1.1-35.5.
40 (h) After June 30, 2008, the county assessor shall perform the
41 assessment duties prescribed by IC 6-1.1 in a township in which the
42 number of parcels of real property on January 1, 2008, is less than
2025	IN 1233—LS 7512/DI 87 31
1 fifteen thousand (15,000).
2 (i) Notwithstanding any other law, on January 1, 2027, in the
3 case of a county that has a township assessor:
4 (1) the powers and duties of the township assessor are
5 transferred to the county assessor;
6 (2) the office of township assessor is eliminated; and
7 (3) the term of any township assessor is terminated.
8 The transfer of powers and duties under this subsection does not
9 affect any assessment, assessment appeal, or other official action
10 of a township assessor relating to property assessment made before
11 the transfer of powers and duties of the township assessor. Any
12 assessment, assessment appeal, or other official action made by a
13 township assessor within the scope of the township assessor's
14 official duties under IC 6-1.1 or this chapter before the transfer of
15 powers and duties to the county assessor is considered to have been
16 made by the county assessor.
17 (j) Each township assessor whose powers and duties are
18 transferred to the county assessor under subsection (i) shall
19 organize the records of the township assessor's office relating to
20 those duties in a manner prescribed by the department of local
21 government finance and transfer the records to the county assessor
22 in the manner and at the time directed by the department of local
23 government finance. The department of local government finance
24 shall determine a procedure and schedule for the transfer of the
25 records. A township assessor whose powers and duties are
26 transferred to the county assessor under subsection (i) and the
27 county assessor to whom the powers and duties are transferred
28 shall assist each other and coordinate their efforts to ensure an
29 orderly transfer of all township assessor records to the county
30 assessor and to provide for an uninterrupted and professional
31 transition of powers and duties from the township assessor to the
32 county assessor consistent with the directions of the department of
33 local government finance.
34 SECTION 39. IC 36-6-6-1 IS AMENDED TO READ AS
35 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. (a) This chapter
36 applies to all townships.
37 (b) After December 31, 2026, this chapter applies only to
38 townships in a county having a consolidated city.
39 SECTION 40. IC 36-6-6-2.1, AS ADDED BY P.L.240-2005,
40 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2025]: Sec. 2.1. (a) This section applies if township
42 governments merge under IC 36-6-1.5.
2025	IN 1233—LS 7512/DI 87 32
1 (b) If two (2) township governments merge, the resulting merged
2 township government shall elect a three (3) member township board.
3 The voters of the resulting merged township government shall elect all
4 the members of the township board. One (1) member must reside
5 within the boundaries of each of the township governments that
6 merged.
7 (c) If at least three (3) township governments merge, the resulting
8 merged township government shall elect a township board that has the
9 same number of members as the number of township governments that
10 merged. The voters of the resulting merged township shall elect all the
11 members of the township board. One (1) township board member must
12 reside within the boundaries of each of the townships that merged.
13 (d) This section expires January 1, 2027.
14 SECTION 41. IC 36-6-6-3, AS AMENDED BY P.L.240-2005,
15 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16 JULY 1, 2025]: Sec. 3. (a) This subsection applies to townships in a
17 county containing a consolidated city. One (1) member of the
18 legislative body must reside within each legislative body district. If a
19 member of the legislative body ceases to be a resident of the district
20 from which the member was elected, the office becomes vacant.
21 (b) This subsection applies to townships not included in subsection
22 (a) or (c). A member of the legislative body must reside within the
23 township as provided in Article 6, Section 6 of the Constitution of the
24 State of Indiana. If a member of the legislative body ceases to be a
25 resident of the township, the office becomes vacant.
26 (c) This subsection applies to a township government that:
27 (1) is created by a merger of township governments under
28 IC 36-6-1.5; and
29 (2) elects a township board under section 2.1 of this chapter.
30 One (1) member of the legislative body must reside within the
31 boundaries of each of the former townships that merged. If a member
32 of the legislative body ceases to be a resident of that former township,
33 the office becomes vacant. This subsection expires January 1, 2027.
34 SECTION 42. IC 36-6-6-4, AS AMENDED BY P.L.159-2021,
35 SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 JULY 1, 2025]: Sec. 4. (a) Except as provided in subsections (b) and
37 (c), two (2) members of the legislative body constitute a quorum.
38 (b) Before January 1, 2017, four (4) members of the legislative body
39 in a county containing a consolidated city constitute a quorum. After
40 December 31, 2016, three (3) members of the legislative body in a
41 county having a consolidated city constitute a quorum.
42 (c) This subsection applies to a township government that:
2025	IN 1233—LS 7512/DI 87 33
1 (1) is created by a merger of township governments under
2 IC 36-6-1.5; and
3 (2) elects the township legislative body under section 2.1 of this
4 chapter.
5 A majority of the members of the township legislative body constitute
6 a quorum. If a township legislative body has an even number of
7 members, the township executive shall serve by virtue of office as a
8 member of the township legislative body for the purpose of casting the
9 deciding vote to break a tie. This subsection expires January 1, 2027.
10 (d) For townships not described in subsection (c), the township
11 executive shall serve by virtue of office as a member of the township
12 legislative body for the purpose of casting the deciding vote to break a
13 tie. However, the township executive may not vote to break a tie on the
14 adoption of an ordinance to increase the township executive's
15 compensation (as defined in section 10 of this chapter). This
16 subsection expires January 1, 2027.
17 SECTION 43. IC 36-6.1 IS ADDED TO THE INDIANA CODE AS
18 A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
19 2025]:
20 ARTICLE 6.1. DISSOLUTION OF TOWNSHIP
21 GOVERNMENT
22 Chapter 1. Applicability
23 Sec. 1. This article does not apply to a county having a
24 consolidated city.
25 Chapter 2. Definitions
26 Sec. 1. The definitions in this chapter apply throughout this
27 article.
28 Sec. 2. "Township office" refers to any of the following:
29 (1) The office of township trustee elected as provided in
30 IC 36-6-4-2.
31 (2) The office of township assessor elected as provided in
32 IC 36-6-5-1 (if the office exists).
33 (3) The office of a member of the township board elected as
34 provided in IC 36-6-6-2.
35 Chapter 3. Township Offices and Office Holders
36 Sec. 1. This chapter does not apply to the following:
37 (1) A county having a consolidated city.
38 (2) A county or other political subdivision that reorganizes
39 with a township under IC 36-1.5.
40 Sec. 2. Except as provided in section 5 of this chapter, after
41 December 31, 2026, each township office is abolished. Unless
42 otherwise expressly provided, the powers, functions, and duties of
2025	IN 1233—LS 7512/DI 87 34
1 the township offices are transferred as follows:
2 (1) The township trustee's powers, functions, and duties with
3 regard to fire protection and emergency services under
4 IC 36-8, are transferred to the county executive. All other
5 powers, functions, and duties of the township trustee,
6 including township assistance, are transferred to the county
7 trustee.
8 (2) The township board's powers, functions, and duties are
9 transferred to the county fiscal body.
10 (3) The township assessor's powers, functions, and duties are
11 transferred to the county assessor.
12 Sec. 3. The term of office of an individual who holds a township
13 office ends on December 31, 2026.
14 Sec. 4. An election for a township office shall not be held in
15 2026.
16 Sec. 5. (a) Except as provided in subsection (c), until the term of
17 office of an individual who holds a township office ends on
18 December 31, 2026, the individual shall assist in the transition from
19 township government as provided in this article.
20 (b) Until the term of office of an individual who holds a
21 township office ends on December 31, 2026, an individual who
22 assists in the transition from township government under this
23 section is entitled to the same compensation the individual would
24 have received as if the township office the individual holds would
25 not be abolished on the dissolution date.
26 (c) If a township office becomes vacant before January 1, 2027,
27 the vacancy may not be filled, notwithstanding IC 3-13.
28 (d) If a township office becomes vacant before January 1, 2027,
29 the following apply:
30 (1) If the township office is the office of township trustee, the
31 office of township trustee is abolished in the township and the
32 powers, functions, and duties of the township trustee are
33 transferred to the county executive on the date the vacancy
34 occurs. However, the powers, functions, and duties of the
35 township trustee regarding township assistance are
36 transferred to the county trustee upon the county trustee
37 assuming office.
38 (2) If the township office is the office of a member of a
39 township board, the following apply:
40 (A) If the township board continues to have a quorum, the
41 township board continues.
42 (B) If the vacancy causes the township board to lose a
2025	IN 1233—LS 7512/DI 87 35
1 quorum, the following apply on the date the township
2 board loses its quorum:
3 (i) The township board in the township is abolished.
4 (ii) The term of office of the remaining members of the
5 township board end on the date the township board loses
6 its quorum.
7 (iii) The county fiscal body assumes the powers,
8 functions, and duties of the township board in that
9 township.
10 (3) If the township office is the office of township assessor, the
11 office of township assessor is abolished in the township and
12 the county assessor assumes the powers, functions, and duties
13 of the township assessor on the date the vacancy occurs.
14 Sec. 6. (a) The abolition of a township office under this article
15 does not invalidate:
16 (1) any resolutions, fees, schedules, or other actions adopted
17 or taken by the township trustee or township assessor before
18 the dissolution date; or
19 (2) any appointments made by the township trustee or
20 township assessor before the dissolution date.
21 (b) In a county in which a township office is abolished under this
22 chapter, after December 31, 2026, any reference:
23 (1) in the Indiana Code;
24 (2) in the Indiana Administrative Code; or
25 (3) in any resolution;
26 to the township trustee and township board is considered a
27 reference to the county trustee and county fiscal body respectively,
28 and any reference to the township assessor is considered a
29 reference to the county assessor.
30 Chapter 4. Disposition of Township Property, Funds, and
31 Liabilities
32 Sec. 1. (a) On January 1, 2027, all:
33 (1) assets;
34 (2) debts;
35 (3) property rights;
36 (4) equipment;
37 (5) records;
38 (6) personnel; and
39 (7) contracts;
40 connected with the operations of a township government in the
41 county related to township government functions are transferred
42 to the county executive.
2025	IN 1233—LS 7512/DI 87 36
1 (b) Notwithstanding subsection (a)(6), the county executive shall
2 determine which transferring township employees who were
3 employed by the township on December 31, 2026, to perform
4 township functions that were transferred to the county under this
5 article, become county employees responsible for performing
6 township functions that were transferred to the county under this
7 article on January 1, 2027.
8 Sec. 2. (a) Except as provided in subsection (b), on January 1,
9 2027, the balance in a debt service fund related to fire protection
10 of a township located in the county:
11 (1) is transferred to the county in which the township is
12 located; and
13 (2) shall be used by the county to pay indebtedness or lease
14 rentals for which the fund was established.
15 Any balance remaining in the fund after all payments for
16 indebtedness or lease rentals required under this section have been
17 made is transferred to the appropriate county fund for fire
18 protection within the county.
19 (b) On January 1, 2027, the balance in a debt service fund
20 related to fire protection of a township that is wholly contained
21 within a fire protection district as of December 31, 2026:
22 (1) is transferred to the county in which the township is
23 wholly contained; and
24 (2) shall be used by the county to pay indebtedness or lease
25 rentals for which the fund was established.
26 Any balance remaining in the fund after all payments for
27 indebtedness or lease rentals required under this section have been
28 made is transferred to the appropriate county fund for fire
29 protection within the county.
30 (c) On January 1, 2027, the balance in a debt service fund
31 related to township functions other than those specified under
32 subsection (a) or (b):
33 (1) is transferred to the county in which the township is
34 located; and
35 (2) shall be used by the county to pay indebtedness or lease
36 rentals for which the fund was established.
37 Any balance remaining in the fund after all payments for
38 indebtedness or lease rentals required under this section have been
39 made is transferred to the county general fund.
40 Sec. 3. (a) On January 1, 2027, the balance in the general fund
41 of a township is transferred to the county.
42 (b) IC 36-1-8-5 does not apply to a balance referred to in
2025	IN 1233—LS 7512/DI 87 37
1 subsection (a).
2 Sec. 4. (a) On January 1, 2027, the balance in the township
3 assistance fund of a township:
4 (1) is transferred to the county trustee; and
5 (2) shall be deposited in the township assistance fund of the
6 county established by IC 12-20-21-6.
7 (b) IC 36-1-8-5 does not apply to a balance referred to in this
8 section.
9 Sec. 5. Indebtedness that was incurred by a township before
10 January 1, 2027:
11 (1) may not be imposed on taxpayers that were not
12 responsible for payment of the indebtedness before the
13 dissolution of the township government; and
14 (2) must be paid by the taxpayers that were responsible for
15 payment of the indebtedness before the dissolution of the
16 township government.
17 Sec. 6. The department of local government finance shall adjust
18 maximum permissible property tax levies and property tax rates
19 of units of local government as necessary to account for transfers
20 of duties, powers, and obligations under this chapter.
21 Sec. 7. (a) After December 31, 2026, fire protection and
22 emergency services of a county are governed by and subject to a
23 county fire protection and emergency services plan adopted under
24 IC 36-8-13.6.
25 (b) If, as of December 31, 2026, a township has a local board for
26 the 1937 firefighters' pension fund or the 1977 police officers' and
27 firefighters' pension and disability fund, the local board is
28 dissolved on January 1, 2027, and the powers, duties, and
29 responsibilities of the local board under IC 36-8-7 or IC 36-8-8,
30 respectively, are assumed by the county's local board for the 1937
31 firefighters' pension fund and local board for the 1977 police
32 officers' and firefighters' pension and disability fund, respectively.
33 Notwithstanding any other provision, the legislative body of the
34 county may adopt an ordinance to adjust the membership of the
35 county's local board to reflect the dissolution of the township's
36 local board.
37 (c) As necessary, a county shall levy taxes (within the county's
38 maximum permissible ad valorem property tax levy limit) as
39 necessary to provide for the payment of pension benefits:
40 (1) to members of the 1937 firefighters' pension fund; and
41 (2) for which, before the transfer of fire protection
42 responsibilities to counties under IC 36-2-21 and IC 36-8-13.7
2025	IN 1233—LS 7512/DI 87 38
1 (effective January 1, 2027), the local board of a township in
2 the county was responsible.
3 Sec. 8. (a) Effective January 1, 2027, the county shall assume,
4 defease, pay, or refund all township indebtedness or lease rental
5 obligations related to a power or duty transferred to the county.
6 The county may levy property taxes to pay township indebtedness
7 or lease rental obligations incurred by a township only in the
8 geographic area of the township that originally issued the debt or
9 entered into the lease rental agreement. The former territory of the
10 township comprises a taxing district for the payment of township
11 indebtedness or lease rental obligations existing at the time of the
12 abolition or alteration.
13 (b) Notwithstanding any other law, to assume, defease, pay, or
14 refund all or a part of the indebtedness or lease rental obligations
15 described in subsection (a), the county is not required to comply
16 with any other statutory procedures or approvals that apply when
17 a unit incurs indebtedness or lease rental obligations.
18 (c) The rights of a trustee, bondholder, or leaseholder with
19 respect to any:
20 (1) indebtedness or lease rental obligations described in
21 subsection (a); or
22 (2) bond resolution, trust agreement or indenture, security
23 agreement, purchase agreement, or other undertaking with
24 respect to indebtedness described in subsection (a);
25 remain the same, although the powers, duties, agreements, and
26 liabilities of the townships have been transferred to the county, and
27 the county shall be considered to have assumed all those powers,
28 duties, agreements, and liabilities.
29 Chapter 5. Transitional Measures
30 Sec. 1. Subject to section 2 of this chapter, the county executive
31 and the county fiscal body may adopt appropriate measures,
32 including ordinances and resolutions, necessary to accomplish a
33 transition in the county from township government to assumption
34 of the powers, functions, and duties of township government by
35 county government.
36 Sec. 2. A measure adopted under section 1 of this chapter may
37 not be inconsistent with any law.
38 SECTION 44. IC 36-8-3-1 IS AMENDED TO READ AS
39 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. This chapter applies
40 to:
41 (1) second and third class cities; and
42 (2) after December 31, 2026, counties not having a
2025	IN 1233—LS 7512/DI 87 39
1 consolidated city (for purposes of the county fire department).
2 It also applies to other units, where specifically indicated.
3 SECTION 45. IC 36-8-3-1.5 IS ADDED TO THE INDIANA CODE
4 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
5 1, 2025]: Sec. 1.5. (a) This section does not apply to a county having
6 a consolidated city. This section applies after December 31, 2026.
7 (b) If a county establishes a county fire department, the county
8 legislative body may by ordinance establish a safety board for
9 purposes of the county fire department, with the members to be
10 appointed by the county executive.
11 (c) A safety board described in this section has the same powers
12 and duties under this chapter for purposes of the county fire
13 department as a municipal safety board has under this chapter for
14 purposes of a municipal fire department.
15 SECTION 46. IC 36-8-3.5-1.5 IS ADDED TO THE INDIANA
16 CODE AS A NEW SECTION TO READ AS FOLLOWS
17 [EFFECTIVE JULY 1, 2025]: Sec. 1.5. (a) This section does not
18 apply to a county having a consolidated city.
19 (b) After December 31, 2026, the county may establish a merit
20 system under this chapter for the county fire department.
21 SECTION 47. IC 36-8-7-1, AS AMENDED BY P.L.227-2005,
22 SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2025]: Sec. 1. (a) This chapter applies to pension benefits for
24 members of fire departments hired before May 1, 1977, in units for
25 which a 1937 fund was established before May 1, 1977.
26 (b) A firefighter with twenty (20) years of service is covered by this
27 chapter and not by IC 36-8-8 if the firefighter:
28 (1) was hired before May 1, 1977;
29 (2) did not convert under IC 19-1-36.5-7 (repealed September 1,
30 1981); and
31 (3) is rehired after April 30, 1977, by the same employer.
32 (c) A firefighter is covered by this chapter and not by IC 36-8-8 if
33 the firefighter:
34 (1) was hired before May 1, 1977;
35 (2) did not convert under IC 19-1-36.5-7 (repealed September 1,
36 1981);
37 (3) was rehired after April 30, 1977, but before February 1, 1979;
38 and
39 (4) was made, before February 1, 1979, a member of a 1937 fund.
40 (d) A firefighter who:
41 (1) is covered by this chapter before a consolidation under
42 IC 36-3-1-6.1; and
2025	IN 1233—LS 7512/DI 87 40
1 (2) becomes a member of a fire department of a consolidated city
2 under IC 36-3-1-6.1;
3 is covered by this chapter after the effective date of the consolidation,
4 and the firefighter's service as a member of a fire department of a
5 consolidated city is considered active service under this chapter.
6 (e) A firefighter who:
7 (1) as of December 31, 2026, is a member of the 1937 fund as
8 a firefighter with a township fire department, fire protection
9 territory, or fire protection district within a county; and
10 (2) after the transfer of fire protection responsibilities to
11 counties under IC 36-2-21 and IC 36-8-13.7 (effective January
12 1, 2027) becomes a member of the county fire department;
13 is covered by this chapter after the firefighter becomes a member
14 of the county fire department, and the firefighter's service as a
15 member of a township fire department, fire protection territory, or
16 fire protection district that was covered under this chapter before
17 January 1, 2027, is considered active service under this chapter.
18 SECTION 48. IC 36-8-8-1, AS AMENDED BY P.L.135-2024,
19 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20 JULY 1, 2025]: Sec. 1. This chapter applies to:
21 (1) full-time police officers hired or rehired after April 30, 1977,
22 in all municipalities, or who converted their benefits under
23 IC 19-1-17.8-7 (repealed September 1, 1981);
24 (2) full-time fully paid firefighters hired or rehired after April 30,
25 1977, or who converted their benefits under IC 19-1-36.5-7
26 (repealed September 1, 1981);
27 (3) a police matron hired or rehired after April 30, 1977, and
28 before July 1, 1996, who is a member of a police department in a
29 second or third class city on March 31, 1996;
30 (4) a park ranger who:
31 (A) completed at least the number of weeks of training at the
32 Indiana law enforcement academy or a comparable law
33 enforcement academy in another state that were required at the
34 time the park ranger attended the Indiana law enforcement
35 academy or the law enforcement academy in another state;
36 (B) graduated from the Indiana law enforcement academy or
37 a comparable law enforcement academy in another state; and
38 (C) is employed by the parks department of a city having a
39 population of more than one hundred ten thousand (110,000)
40 and less than one hundred fifty thousand (150,000);
41 (5) a full-time fully paid firefighter who is covered by this chapter
42 before the effective date of consolidation and becomes a member
2025	IN 1233—LS 7512/DI 87 41
1 of the fire department of a consolidated city under IC 36-3-1-6.1,
2 provided that the firefighter's service as a member of the fire
3 department of a consolidated city is considered active service
4 under this chapter;
5 (6) except as otherwise provided, a full-time fully paid firefighter
6 who is hired or rehired after the effective date of the consolidation
7 by a consolidated fire department established under
8 IC 36-3-1-6.1;
9 (7) a full-time police officer who is covered by this chapter before
10 the effective date of consolidation and becomes a member of the
11 consolidated law enforcement department as part of the
12 consolidation under IC 36-3-1-5.1, provided that the officer's
13 service as a member of the consolidated law enforcement
14 department is considered active service under this chapter;
15 (8) except as otherwise provided, a full-time police officer who is
16 hired or rehired after the effective date of the consolidation by a
17 consolidated law enforcement department established under
18 IC 36-3-1-5.1;
19 (9) a veteran described in IC 36-8-4.7;
20 (10) a full-time police officer or full-time fully paid firefighter
21 who is employed by an airport authority; and
22 (11) a full-time school resource officer; and
23 (12) a full-time fully paid firefighter who:
24 (A) as of December 31, 2026, is a member of the 1977 fund
25 as a firefighter with a township fire department, fire
26 protection territory, or fire protection district within a
27 county; and
28 (B) after the transfer of fire protection responsibilities to
29 counties under IC 36-2-21 and IC 36-8-13.7 (effective
30 January 1, 2027) becomes a member of the county fire
31 department;
32 except as provided by section 7 of this chapter.
33 SECTION 49. IC 36-8-8-2.1, AS AMENDED BY P.L.135-2024,
34 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2025]: Sec. 2.1. (a) As used in this chapter, "local board"
36 means the following:
37 (1) For a unit that established a 1925 fund for its police officers,
38 the local board described in IC 36-8-6-2.
39 (2) Except as provided in subdivision (3), for a unit that
40 established a 1937 fund for its firefighters, the local board
41 described in IC 36-8-7-3.
42 (3) This subdivision does not apply to a township in a county
2025	IN 1233—LS 7512/DI 87 42
1 having a consolidated city. For a township that established a
2 1937 fund for its firefighters, "local board", after December
3 31, 2026, means the local board of the county.
4 (3) (4) For a consolidated city that established a 1953 fund for its
5 police officers, the local board described in IC 36-8-7.5-2.
6 (4) (5) For a unit, other than a consolidated city, that did not
7 establish a 1925 fund for its police officers or a 1937 fund for its
8 firefighters, the local board described in subsection (b) or (c).
9 (5) (6) For an airport authority, the board of an airport authority.
10 (6) (7) For a school resource officer, the local board described in
11 subdivisions (1) through (4) (5) that manages the fund established
12 in the unit or the consolidated city in which the:
13 (A) territory of the school corporation; or
14 (B) charter school;
15 is located. However, if more than one (1) local board is applicable
16 under this subdivision, the governing body of the school
17 corporation or the equivalent authority for the charter school that
18 employs or contracts to employ the school resource officer may
19 choose the applicable local board with respect to the school
20 resource officer.
21 (b) If a unit did not establish a 1925 fund for its police officers, a
22 local board shall be composed in the same manner described in
23 IC 36-8-6-2(b). However, if there is not a retired member of the
24 department, no one shall be appointed to that position until such time
25 as there is a retired member.
26 (c) If a unit did not establish a 1937 fund for its firefighters, a local
27 board shall be composed in the same manner described in
28 IC 36-8-7-3(b). However, if there is not a retired member of the
29 department, no one shall be appointed to that position until such time
30 as there is a retired member.
31 SECTION 50. IC 36-8-8-7, AS AMENDED BY P.L.102-2023,
32 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2025]: Sec. 7. (a) Subject to IC 36-8-4.7 and except as
34 provided in subsections (d), (e), (f), (g), (h), (k), (l), and (m), (n), a
35 police officer or a firefighter who:
36 (1) is less than forty (40) years of age; and
37 (2) passes the baseline statewide physical and mental
38 examinations required under section 19 of this chapter;
39 shall be a member of the 1977 fund and is not a member of the 1925
40 fund, the 1937 fund, or the 1953 fund.
41 (b) A police officer or firefighter with service before May 1, 1977,
42 who is hired or rehired after April 30, 1977, may receive credit under
2025	IN 1233—LS 7512/DI 87 43
1 this chapter for service as a police officer or firefighter prior to entry
2 into the 1977 fund if the employer who rehires the police officer or
3 firefighter chooses to contribute to the 1977 fund the amount necessary
4 to amortize the police officer's or firefighter's prior service liability over
5 a period of not more than thirty (30) years, the amount and the period
6 to be determined by the system board. If the employer chooses to make
7 the contributions, the police officer or firefighter is entitled to receive
8 credit for the police officer's or firefighter's prior years of service
9 without making contributions to the 1977 fund for that prior service. In
10 no event may a police officer or firefighter receive credit for prior years
11 of service if the police officer or firefighter is receiving a benefit or is
12 entitled to receive a benefit in the future from any other public pension
13 plan with respect to the prior years of service.
14 (c) Except as provided in section 18 of this chapter, a police officer
15 or firefighter is entitled to credit for all years of service after April 30,
16 1977, with the police or fire department of an employer covered by this
17 chapter.
18 (d) A police officer or firefighter with twenty (20) years of service
19 does not become a member of the 1977 fund and is not covered by this
20 chapter, if the police officer or firefighter:
21 (1) was hired before May 1, 1977;
22 (2) did not convert under IC 19-1-17.8-7 or IC 19-1-36.5-7 (both
23 of which were repealed September 1, 1981); and
24 (3) is rehired after April 30, 1977, by the same employer.
25 (e) A police officer or firefighter does not become a member of the
26 1977 fund and is not covered by this chapter if the police officer or
27 firefighter:
28 (1) was hired before May 1, 1977;
29 (2) did not convert under IC 19-1-17.8-7 or IC 19-1-36.5-7 (both
30 of which were repealed September 1, 1981);
31 (3) was rehired after April 30, 1977, but before February 1, 1979;
32 and
33 (4) was made, before February 1, 1979, a member of a 1925,
34 1937, or 1953 fund.
35 (f) A police officer or firefighter does not become a member of the
36 1977 fund and is not covered by this chapter if the police officer or
37 firefighter:
38 (1) was hired by the police or fire department of a unit before May
39 1, 1977;
40 (2) did not convert under IC 19-1-17.8-7 or IC 19-1-36.5-7 (both
41 of which were repealed September 1, 1981);
42 (3) is rehired by the police or fire department of another unit after
2025	IN 1233—LS 7512/DI 87 44
1 December 31, 1981; and
2 (4) is made, by the fiscal body of the other unit after December
3 31, 1981, a member of a 1925, 1937, or 1953 fund of the other
4 unit.
5 If the police officer or firefighter is made a member of a 1925, 1937, or
6 1953 fund, the police officer or firefighter is entitled to receive credit
7 for all the police officer's or firefighter's years of service, including
8 years before January 1, 1982.
9 (g) As used in this subsection, "emergency medical services" and
10 "emergency medical technician" have the meanings set forth in
11 IC 16-18-2-110 and IC 16-18-2-112. A firefighter who:
12 (1) is employed by a unit that is participating in the 1977 fund;
13 (2) was employed as an emergency medical technician by a
14 political subdivision wholly or partially within the department's
15 jurisdiction;
16 (3) was a member of the public employees' retirement fund during
17 the employment described in subdivision (2); and
18 (4) ceased employment with the political subdivision and was
19 hired by the unit's fire department due to the reorganization of
20 emergency medical services within the department's jurisdiction;
21 shall participate in the 1977 fund. A firefighter who participates in the
22 1977 fund under this subsection is subject to sections 18 and 21 of this
23 chapter.
24 (h) A police officer or firefighter does not become a member of the
25 1977 fund and is not covered by this chapter if the individual was
26 appointed as:
27 (1) a fire chief under a waiver under IC 36-8-4-6(c); or
28 (2) a police chief under a waiver under IC 36-8-4-6.5(c);
29 unless the executive of the unit requests that the 1977 fund accept the
30 individual in the 1977 fund and the individual previously was a
31 member of the 1977 fund.
32 (i) A police matron hired or rehired after April 30, 1977, and before
33 July 1, 1996, who is a member of a police department in a second or
34 third class city on March 31, 1996, is a member of the 1977 fund.
35 (j) A park ranger who:
36 (1) completed at least the number of weeks of training at the
37 Indiana law enforcement academy or a comparable law
38 enforcement academy in another state that were required at the
39 time the park ranger attended the Indiana law enforcement
40 academy or the law enforcement academy in another state;
41 (2) graduated from the Indiana law enforcement academy or a
42 comparable law enforcement academy in another state; and
2025	IN 1233—LS 7512/DI 87 45
1 (3) is employed by the parks department of a city having a
2 population of more than one hundred ten thousand (110,000) and
3 less than one hundred fifty thousand (150,000);
4 is a member of the fund.
5 (k) Notwithstanding any other provision of this chapter, a police
6 officer or firefighter:
7 (1) who is a member of the 1977 fund before a consolidation
8 under IC 36-3-1-5.1 or IC 36-3-1-6.1;
9 (2) whose employer is consolidated into the consolidated law
10 enforcement department or the fire department of a consolidated
11 city under IC 36-3-1-5.1 or IC 36-3-1-6.1; and
12 (3) who, after the consolidation, becomes an employee of the
13 consolidated law enforcement department or the consolidated fire
14 department under IC 36-3-1-5.1 or IC 36-3-1-6.1;
15 is a member of the 1977 fund without meeting the requirements under
16 sections 19 and 21 of this chapter.
17 (l) Notwithstanding any other provision of this chapter, if:
18 (1) before a consolidation under IC 8-22-3-11.6, a police officer
19 or firefighter provides law enforcement services or fire protection
20 services for an entity in a consolidated city;
21 (2) the provision of those services is consolidated into the law
22 enforcement department or fire department of a consolidated city;
23 and
24 (3) after the consolidation, the police officer or firefighter
25 becomes an employee of the consolidated law enforcement
26 department or the consolidated fire department under
27 IC 8-22-3-11.6;
28 the police officer or firefighter is a member of the 1977 fund without
29 meeting the requirements under sections 19 and 21 of this chapter.
30 (m) Notwithstanding any other provision of this chapter, a
31 firefighter who:
32 (1) as of December 31, 2026, is a member of the 1977 fund as
33 a firefighter with a township fire department, fire protection
34 territory, or fire protection district within a county; and
35 (2) after the transfer of fire protection responsibilities to
36 counties under IC 36-2-21 and IC 36-8-13.7 (effective January
37 1, 2027) becomes a member of the county fire department;
38 is a member of the 1977 fund without meeting the requirements
39 under sections 19 and 21 of this chapter. A firefighter described in
40 this subsection is entitled to receive credit for all years of service as
41 a member of the 1977 fund before becoming a member of the
42 county fire department.
2025	IN 1233—LS 7512/DI 87 46
1 (m) (n) A police officer or firefighter who is a member of the 1977
2 fund under subsection (k) or (l) may not be:
3 (1) retired for purposes of section 10 of this chapter; or
4 (2) disabled for purposes of section 12 of this chapter;
5 solely because of a change in employer under the consolidation.
6 (n) (o) Notwithstanding any other provision of this chapter and
7 subject to subsection (o), (p), a police officer or firefighter who:
8 (1) is an active member of the 1977 fund with an employer that
9 participates in the 1977 fund;
10 (2) separates from that employer; and
11 (3) not later than one hundred eighty (180) days after the date of
12 the separation described in subdivision (2), becomes employed as
13 a full-time police officer or firefighter with the same or a second
14 employer that participates in the 1977 fund;
15 is a member of the 1977 fund without meeting for a second time the
16 age limitation under subsection (a) and the requirements under sections
17 19 and 21 of this chapter. A police officer or firefighter to whom this
18 subsection applies is entitled to receive credit for all years of 1977 fund
19 covered service as a police officer or firefighter with all employers that
20 participate in the 1977 fund.
21 (o) (p) The one hundred eighty (180) day limitation described in
22 subsection (n)(3) (o)(3) does not apply to a member of the 1977 fund
23 who is eligible for reinstatement under IC 36-8-4-11.
24 (p) (q) Notwithstanding any other provision of this chapter, a
25 veteran who is:
26 (1) described in IC 36-8-4.7; and
27 (2) employed as a firefighter or police officer;
28 is a member of the 1977 fund.
29 (q) (r) Notwithstanding any other provision of this chapter and
30 except as provided in subsection (o), (p), a police officer or firefighter
31 who:
32 (1) is an active member of the 1977 fund with an employer that
33 participates in the 1977 fund;
34 (2) separates from that employer; and
35 (3) more than one hundred eighty (180) days after the date of the
36 separation described in subdivision (2), becomes employed as a
37 full-time police officer or firefighter with the same or a second
38 employer that participates in the 1977 fund;
39 is a member of the 1977 fund without meeting the age limitation under
40 subsection (a) provided the member can accrue twenty (20) years of
41 service credit in the 1977 fund by the time the firefighter becomes sixty
42 (60) years of age. A police officer or firefighter who participates in the
2025	IN 1233—LS 7512/DI 87 47
1 1977 fund under this subsection must pass the baseline statewide
2 physical and mental examination under section 19 of this chapter. A
3 police officer or firefighter to whom this subsection applies is entitled
4 to receive credit for all years of 1977 fund covered service as a police
5 officer or firefighter with all employers that participate in the 1977
6 fund.
7 SECTION 51. IC 36-8-8-8, AS AMENDED BY P.L.92-2021,
8 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2025]: Sec. 8. (a) Each fund member shall contribute during
10 the period of the fund member's employment or for thirty-two (32)
11 years, whichever is shorter, an amount equal to six percent (6%) of the
12 salary of a first class patrolman or firefighter. However, the employer
13 may pay all or a part of the contribution for the member. The amount
14 of the contribution, other than contributions paid on behalf of a
15 member, shall be deducted each pay period from each fund member's
16 salary by the disbursing officer of the employer. The employer shall
17 send to the system board each year on March 31, June 30, September
18 30, and December 31, for the calendar quarters ending on those dates,
19 or an alternate date established by the rules of the system board, a
20 certified list of fund members and a warrant issued by the employer for
21 the total amount deducted for fund members' contributions.
22 (b) After December 31, 2011, an employer shall submit:
23 (1) the list described in subsection (a) in a uniform format through
24 a secure connection over the Internet or through other electronic
25 means specified by the system board; and
26 (2) the contributions paid by or on behalf of a member under
27 subsection (a) by electronic funds transfer.
28 (c) Except as provided in section 7(n) 7(o) or 7.2 of this chapter, if
29 a fund member ends the fund member's employment other than by
30 death or disability before the fund member completes twenty (20) years
31 of active service, the system board shall return to the fund member in
32 a lump sum the fund member's contributions plus interest at a rate
33 specified by rule by the system board. If the fund member returns to
34 service, the fund member is entitled to credit for the years of service for
35 which the fund member's contributions were refunded if the fund
36 member repays the amount refunded to the fund member plus interest
37 at a rate specified by rule by the system board in either a lump sum or
38 a series of payments determined by the system board.
39 SECTION 52. IC 36-8-11-4 IS AMENDED TO READ AS
40 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4. (a) A county
41 legislative body may establish fire protection districts for any of the
42 following purposes:
2025	IN 1233—LS 7512/DI 87 48
1 (1) Fire protection, including the capability for extinguishing all
2 fires that might be reasonably expected because of the types of
3 improvements, personal property, and real property within the
4 boundaries of the district.
5 (2) Fire prevention, including identification and elimination of all
6 potential and actual sources of fire hazard.
7 (3) Other purposes or functions related to fire protection and fire
8 prevention.
9 (b) Any area may be established as a fire protection district, but one
10 (1) part of a district may not be completely separate from another part.
11 A municipality may be included in a district, but only if it consents by
12 ordinance, unless a majority of the freeholders of the municipality have
13 petitioned to be included in the district.
14 (c) Except as provided in subsection (d), the territory of a district
15 may consist of:
16 (1) one (1) or more townships and parts of one (1) or more
17 townships in the same county; or
18 (2) all of the townships in the same county.
19 The boundaries of a district need not coincide with those of other
20 political subdivisions.
21 (d) The territory of a district may consist of a municipality that is
22 located in more than one (1) county.
23 (e) On January 1, 2027, the following occurs in a county not
24 having a consolidated city:
25 (1) Subject to subdivision (2), the county shall assume the
26 powers, duties, rights, responsibilities, and obligations under
27 this chapter of each township participating in the district.
28 (2) A county legislative body may withdraw any part of the
29 unincorporated area of the county from participation in the
30 fire protection district, as specified in the county fire
31 protection and emergency services plan.
32 (3) The department of local government finance shall make
33 any necessary adjustments to the maximum permissible ad
34 valorem property tax levy for the county firefighting fund to
35 account for any transfer of powers, duties, rights,
36 responsibilities, and obligations under this section.
37 SECTION 53. IC 36-8-11-15, AS AMENDED BY P.L.236-2023,
38 SECTION 199, IS AMENDED TO READ AS FOLLOWS
39 [EFFECTIVE JULY 1, 2025]: Sec. 15. (a) The board:
40 (1) has the same powers and duties as a township executive with
41 respect to fire protection functions, including those duties and
42 powers prescribed by IC 36-8-13 and (after December 31, 2026)
2025	IN 1233—LS 7512/DI 87 49
1 IC 36-8-13.7, although all cooperative and joint actions permitted
2 by that chapter those chapters must be undertaken according to
3 this chapter;
4 (2) has the same powers and duties as a township executive
5 relative to contracting with volunteer firefighting companies, as
6 prescribed by IC 36-8-12, and IC 36-8-13 and (after December
7 31, 2026) IC 36-8-13.7;
8 (3) shall appoint, fix the compensation, and prescribe the duties
9 of a fiscal officer, secretarial staff, persons performing special and
10 temporary services or providing legal counsel, and other
11 personnel considered necessary for the proper functioning of the
12 district; however, a person appointed as fiscal officer must be
13 bonded by good and sufficient sureties in an amount ordered by
14 the county legislative body to protect the district from financial
15 loss;
16 (4) shall exercise general supervision of and make regulations for
17 the administration of the district's affairs;
18 (5) shall prescribe uniform rules pertaining to investigations and
19 hearings;
20 (6) shall supervise the fiscal affairs and responsibilities of the
21 district;
22 (7) may delegate to employees of the district the authority to
23 perform ministerial acts, except in cases in which final action of
24 the board is necessary;
25 (8) shall keep accurate and complete records of all departmental
26 proceedings, record and file all bonds and contracts, and assume
27 responsibility for the custody and preservation of all papers and
28 documents of the district;
29 (9) shall make an annual report to the executive and the fiscal
30 body of the county that at least lists the financial transactions of
31 the district and a statement of the progress in accomplishing the
32 purposes for which the district has been established;
33 (10) shall adopt a seal and certify all official acts;
34 (11) may sue and be sued collectively by its legal name:
35 (A) ("Board of Fire Trustees, __________ Fire Protection
36 District"); or
37 (B) ("Governing Board of __________ Fire Protection
38 District"), if a governing board for the district is appointed
39 under section 12.5 of this chapter;
40 with service of process made on the chair of the board, but costs
41 may not be taxed against the members individually in an action;
42 (12) may invoke any legal, equitable, or special remedy for the
2025	IN 1233—LS 7512/DI 87 50
1 enforcement of this chapter or of proper action of the board taken
2 in a court;
3 (13) shall prepare and submit to the fiscal body of the county an
4 annual budget for operation and maintenance expenses and for the
5 retirement of obligations of the district, subject to review and
6 approval by the fiscal body;
7 (14) may, if advisable, establish one (1) or more advisory
8 committees, however in a county that adopts an ordinance under
9 section 12.5 of this chapter, the board of fire trustees shall be an
10 advisory body to the governing board;
11 (15) may enter into agreements with and accept money from a
12 federal or state agency and enter into agreements with a
13 municipality located within or outside the district, whether or not
14 the municipality is a part of the district, for a purpose compatible
15 with the purposes for which the district exists and with the
16 interests of the municipality;
17 (16) may accept gifts of money or other property to be used for
18 the purposes for which the district is established;
19 (17) may levy taxes at a uniform rate on the real and personal
20 property within the district;
21 (18) may issue bonds and tax anticipation warrants;
22 (19) may incur other debts and liabilities;
23 (20) may purchase or rent property;
24 (21) may sell services or property that are produced incident to
25 the operations of the district making a fair and reasonable charge
26 for it;
27 (22) may make contracts or otherwise enter into agreements with
28 public or private persons and federal or state agencies for
29 construction, maintenance, or operations of or in part of the
30 district;
31 (23) may receive and disburse money;
32 (24) may impose a false alarm fee or service charge under
33 IC 36-8-13-4 or (after December 31, 2026) IC 36-8-13.7-8;
34 (25) may, subject to the approval of the active members of the fire
35 department in a referendum, adopt a merit system under
36 IC 36-8-3.5; and
37 (26) shall serve as merit commissioners if a merit system is
38 adopted under IC 36-8-3.5.
39 (b) Powers granted by this chapter may be used only to accomplish
40 the purpose or purposes as stated in the ordinance or resolution
41 establishing the district. However, an act of the board necessary and
42 proper to accomplish the purposes for which the district is established
2025	IN 1233—LS 7512/DI 87 51
1 is not invalid because it incidentally accomplishes a purpose other than
2 one for which the district is established.
3 SECTION 54. IC 36-8-11-19 IS AMENDED TO READ AS
4 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 19. The department of
5 local government finance, when approving a rate and levy fixed by the
6 board, shall verify that a duplication of tax levies does not exist
7 between a fire protection district and a municipality, or township, or
8 (after December 31, 2026) county, in the case of a county not
9 having a consolidated city, within the boundaries of the district, so
10 that taxpayers do not bear two (2) levies for the same service, except
11 as provided by section 20 of this chapter.
12 SECTION 55. IC 36-8-11-21 IS AMENDED TO READ AS
13 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 21. This chapter does
14 not require a municipality, or township, or (after December 31, 2026)
15 county, in the case of a county not having a consolidated city, to
16 disband its fire department unless its legislative body consents by
17 ordinance.
18 SECTION 56. IC 36-8-12-1 IS AMENDED TO READ AS
19 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. (a) Except as
20 provided in subsection (b) and section 10 of this chapter, this chapter
21 applies to all units except counties.
22 (b) After December 31, 2026:
23 (1) this chapter also applies to counties not having a
24 consolidated city; and
25 (2) a county not having a consolidated city assumes the
26 powers, duties, rights, and obligations under this chapter of
27 each township in the county.
28 SECTION 57. IC 36-8-12-13, AS AMENDED BY P.L.236-2023,
29 SECTION 200, IS AMENDED TO READ AS FOLLOWS
30 [EFFECTIVE JULY 1, 2025]: Sec. 13. (a) Except as provided in
31 subsection (b), the volunteer fire department that responds first to an
32 incident may impose a charge on the owner of property, the owner of
33 a vehicle, or a responsible party (as defined in IC 13-11-2-191(d)) that
34 is involved in a hazardous material or fuel spill or chemical or
35 hazardous material related fire (as defined in IC 13-11-2-96(b)):
36 (1) that is responded to by the volunteer fire department; and
37 (2) that members of that volunteer fire department assisted in
38 extinguishing, containing, or cleaning up.
39 A second or subsequently responding volunteer fire department may
40 not impose a charge on an owner or responsible party under this
41 section, although it may be entitled to reimbursement from the first
42 responding volunteer fire department in accordance with an interlocal
2025	IN 1233—LS 7512/DI 87 52
1 or other agreement.
2 (b) A volunteer fire department that is funded, in whole or in part:
3 (1) by taxes imposed by a unit; or
4 (2) by a contract with a unit;
5 may not impose a charge under subsection (a) on a natural person who
6 resides or pays property taxes within the boundaries of the unit
7 described in subdivision (1) or (2), unless the spill or the chemical or
8 hazardous material fire poses an imminent threat to persons or
9 property.
10 (c) The volunteer fire department shall bill the owner or responsible
11 party of the vehicle for the total dollar value of the assistance that was
12 provided, with that value determined by a method that the state fire
13 marshal shall establish under section 16 of this chapter. A copy of the
14 fire incident report to the state fire marshal must accompany the bill.
15 This billing must take place within thirty (30) days after the assistance
16 was provided. The owner or responsible party shall remit payment
17 directly to the governmental unit providing the service. Any money that
18 is collected under this section may be:
19 (1) deposited in the:
20 (A) township firefighting and emergency services fund
21 established in IC 36-8-13-4(a)(1) or the township firefighting
22 fund established in IC 36-8-13-4(a)(2)(A); or
23 (B) county firefighting and emergency services fund
24 established under IC 36-8-13.7-8(a)(1) or county
25 firefighting fund established under
26 IC 36-8-13.7-8(a)(2)(A);
27 (2) used to pay principal and interest on a loan made by the
28 department of homeland security established by IC 10-19-2-1 or
29 a division of the department for the purchase of new or used
30 firefighting and other emergency equipment or apparatus; or
31 (3) used for the purchase of equipment, buildings, and property
32 for firefighting, fire protection, and other emergency services.
33 (d) Any administrative fees charged by a fire department's agent
34 must be paid only from fees that are collected and allowed by Indiana
35 law and the fire marshal's schedule of fees.
36 (e) An agent who processes fees on behalf of a fire department shall
37 send all bills, notices, and other related materials to both the fire
38 department and the person being billed for services.
39 (f) All fees allowed by Indiana law and the fire marshal's fee
40 schedule must be itemized separately from any other charges.
41 (g) The volunteer fire department may maintain a civil action to
42 recover an unpaid charge that is imposed under subsection (a) and may,
2025	IN 1233—LS 7512/DI 87 53
1 if it prevails, recover all costs of the action, including reasonable
2 attorney's fees.
3 SECTION 58. IC 36-8-12-16, AS AMENDED BY P.L.236-2023,
4 SECTION 201, IS AMENDED TO READ AS FOLLOWS
5 [EFFECTIVE JULY 1, 2025]: Sec. 16. (a) A volunteer fire department
6 that provides service within a jurisdiction served by the department
7 may establish a schedule of charges for the services that the department
8 provides not to exceed the state fire marshal's recommended schedule
9 for services. The volunteer fire department or its agent may collect a
10 service charge according to this schedule from the owner of property
11 that receives service if the following conditions are met:
12 (1) At the following times, the department gives notice under
13 IC 5-3-1-4(d) in each political subdivision served by the
14 department of the amount of the service charge for each service
15 that the department provides:
16 (A) Before the schedule of service charges is initiated.
17 (B) When there is a change in the amount of a service charge.
18 (2) The property owner has not sent written notice to the
19 department to refuse service by the department to the owner's
20 property.
21 (3) The bill for payment of the service charge:
22 (A) is submitted to the property owner in writing within thirty
23 (30) days after the services are provided;
24 (B) includes a copy of a fire incident report in the form
25 prescribed by the state fire marshal, if the service was
26 provided for an event that requires a fire incident report;
27 (C) must contain verification that the bill has been approved
28 by the chief of the volunteer fire department; and
29 (D) must contain language indicating that correspondence
30 from the property owner and any question from the property
31 owner regarding the bill should be directed to the department.
32 (4) Payment is remitted directly to the governmental unit
33 providing the service.
34 (b) A volunteer fire department shall use the revenue collected from
35 the fire service charges under this section:
36 (1) for the purchase of equipment, buildings, and property for
37 firefighting, fire protection, or other emergency services;
38 (2) for deposit in the:
39 (A) township firefighting and emergency services fund
40 established under IC 36-8-13-4(a)(1) or the township
41 firefighting fund established under IC 36-8-13-4(a)(2)(A); or
42 (B) county firefighting and emergency services fund
2025	IN 1233—LS 7512/DI 87 54
1 established under IC 36-8-13.7-8(a)(1) or county
2 firefighting fund established under
3 IC 36-8-13.7-8(a)(2)(A); or
4 (3) to pay principal and interest on a loan made by the department
5 of homeland security established by IC 10-19-2-1 or a division of
6 the department for the purchase of new or used firefighting and
7 other emergency equipment or apparatus.
8 (c) Any administrative fees charged by a fire department's agent
9 must be paid only from fees that are collected and allowed by Indiana
10 law and the fire marshal's schedule of fees.
11 (d) An agent who processes fees on behalf of a fire department shall
12 send all bills, notices, and other related materials to both the fire
13 department and the person being billed for services.
14 (e) All fees allowed by Indiana law and the fire marshal's fee
15 schedule must be itemized separately from any other charges.
16 (f) If at least twenty-five percent (25%) of the money received by a
17 volunteer fire department for providing fire protection or emergency
18 services is received under one (1) or more contracts with one (1) or
19 more political subdivisions (as defined in IC 34-6-2-110), the
20 legislative body of a contracting political subdivision must approve the
21 schedule of service charges established under subsection (a) before the
22 schedule of service charges is initiated in that political subdivision.
23 (g) A volunteer fire department that:
24 (1) has contracted with a political subdivision to provide fire
25 protection or emergency services; and
26 (2) charges for services under this section;
27 must submit a report to the legislative body of the political subdivision
28 before April 1 of each year indicating the amount of service charges
29 collected during the previous calendar year and how those funds have
30 been expended.
31 (h) The state fire marshal shall annually prepare and publish a
32 recommended schedule of service charges for fire protection services.
33 (i) The volunteer fire department or its agent may maintain a civil
34 action to recover an unpaid service charge under this section and may,
35 if it prevails, recover all costs of the action, including reasonable
36 attorney's fees.
37 SECTION 59. IC 36-8-12-17, AS AMENDED BY P.L.236-2023,
38 SECTION 202, IS AMENDED TO READ AS FOLLOWS
39 [EFFECTIVE JULY 1, 2025]: Sec. 17. (a) If a political subdivision has
40 not imposed its own false alarm fee or service charge, a volunteer fire
41 department that provides service within the jurisdiction may establish
42 a service charge for responding to false alarms. The volunteer fire
2025	IN 1233—LS 7512/DI 87 55
1 department may collect the false alarm service charge from the owner
2 of the property if the volunteer fire department dispatches firefighting
3 apparatus or personnel to a building or premises in the township
4 political subdivision in response to:
5 (1) an alarm caused by improper installation or improper
6 maintenance; or
7 (2) a drill or test, if the fire department is not previously notified
8 that the alarm is a drill or test.
9 However, if the owner of property that constitutes the owner's residence
10 establishes that the alarm is under a maintenance contract with an
11 alarm company and that the alarm company has been notified of the
12 improper installation or maintenance of the alarm, the alarm company
13 is liable for the payment of the fee or service charge.
14 (b) Before establishing a false alarm service charge, the volunteer
15 fire department must provide notice under IC 5-3-1-4(d) in each
16 political subdivision served by the department of the amount of the
17 false alarm service charge. The notice required by this subsection must
18 be given:
19 (1) before the false alarm service charge is initiated; and
20 (2) before a change in the amount of the false alarm service
21 charge.
22 (c) A volunteer fire department may not collect a false alarm service
23 charge from a property owner or alarm company unless the
24 department's bill for payment of the service charge:
25 (1) is submitted to the property owner in writing within thirty (30)
26 days after the false alarm; and
27 (2) includes a copy of a fire incident report in the form prescribed
28 by the state fire marshal.
29 (d) A volunteer fire department shall use the money collected from
30 the false alarm service charge imposed under this section:
31 (1) for the purchase of equipment, buildings, and property for fire
32 fighting, fire protection, or other emergency services;
33 (2) for deposit in the:
34 (A) township firefighting and emergency services fund
35 established under IC 36-8-13-4(a)(1) or the township
36 firefighting fund established under IC 36-8-13-4(a)(2)(A); or
37 (B) county firefighting and emergency services fund
38 established under IC 36-8-13.7-8(a)(1) or county
39 firefighting fund established under
40 IC 36-8-13.7-8(a)(2)(A); or
41 (3) to pay principal and interest on a loan made by the department
42 of homeland security established by IC 10-19-2-1 or a division of
2025	IN 1233—LS 7512/DI 87 56
1 the department for the purchase of new or used firefighting and
2 other emergency equipment or apparatus.
3 (e) If at least twenty-five percent (25%) of the money received by a
4 volunteer fire department for providing fire protection or emergency
5 services is received under one (1) or more contracts with one (1) or
6 more political subdivisions (as defined in IC 34-6-2-110), the
7 legislative body of a contracting political subdivision must approve the
8 false alarm service charge established under subsection (a) before the
9 service charge is initiated in that political subdivision.
10 (f) A volunteer fire department that:
11 (1) has contracted with a political subdivision to provide fire
12 protection or emergency services; and
13 (2) imposes a false alarm service charge under this section;
14 must submit a report to the legislative body of the political subdivision
15 before April 1 of each year indicating the amount of false alarm
16 charges collected during the previous calendar year and how those
17 funds have been expended.
18 (g) The volunteer fire department may maintain a civil action to
19 recover unpaid false alarm service charges imposed under this section
20 and may, if it prevails, recover all costs of the action, including
21 reasonable attorney's fees.
22 SECTION 60. IC 36-8-12.2-2 IS AMENDED TO READ AS
23 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. As used in this
24 chapter, "fire department" means a fire department that:
25 (1) is established under IC 36-8-2-3, or IC 36-8-13-3(a)(1), or
26 IC 36-8-13.7; and
27 (2) employs:
28 (A) both full-time paid members and volunteer members; or
29 (B) only full-time paid members.
30 SECTION 61. IC 36-8-12.2-8 IS AMENDED TO READ AS
31 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 8. (a) Money collected
32 under this chapter must be deposited in one (1) of the following:
33 (1) The general fund of the unit that established the fire
34 department under IC 36-8-2-3, or IC 36-8-13-3(a)(1), or
35 IC 36-8-13.7.
36 (2) A hazardous materials response fund established under section
37 8.1 of this chapter by a city or town having a fire department
38 established under IC 36-8-2-3.
39 (b) Money collected under this chapter may be used only for the
40 following:
41 (1) Purchase of supplies and equipment used in providing
42 hazardous materials emergency assistance under this chapter.
2025	IN 1233—LS 7512/DI 87 57
1 (2) Training for members of the fire department in skills
2 necessary for providing hazardous materials emergency assistance
3 under this chapter.
4 (3) Payment to persons with which the fire department contracts
5 to provide services related to the hazardous materials emergency
6 assistance provided by the fire department under this chapter.
7 SECTION 62. IC 36-8-13.6 IS ADDED TO THE INDIANA CODE
8 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2025]:
10 Chapter 13.6. County Fire Protection and Emergency Services
11 Plan
12 Sec. 1. This chapter does not apply to a county having a
13 consolidated city.
14 Sec. 2. As used in this chapter, "county plan" means a county
15 fire protection and emergency services plan.
16 Sec. 3. The county legislative body shall propose a county plan.
17 The director of the county emergency management department
18 shall assist the county legislative body in the preparation of the
19 plan. After the county legislative body proposes a county plan, the
20 county legislative body shall review the county plan during at least
21 two (2) public meetings at which the public and any interested
22 parties shall have the opportunity to comment on the county plan.
Sec. 4. (a) A county legislative body shall before May 1, 2026,23
24 adopt an ordinance finally approving the county plan.
25 (b) If a county legislative body does not adopt an ordinance
26 finally approving a county plan under subsection (a) before May
27 1, 2026, the division of fire and building safety shall instead adopt
28 the county plan for that county.
29 (c) The director of the county emergency management agency
30 is the administrator of the county plan and is responsible for the
31 day to day operations. All contracts and bids must be approved
32 and signed by the county executive.
33 Sec. 5. A county legislative body may periodically amend the
34 ordinance setting forth the county plan.
35 Sec. 6. (a) A county plan must provide that after December 31,
36 2026, the county is responsible for fire protection and emergency
37 services in the unincorporated areas of the county.
38 (b) A county plan must include the following:
39 (1) A comprehensive plan providing for fire protection,
40 emergency medical services, and hazardous materials
41 response in the county in an efficient and cost effective
42 manner. The plan must describe the facilities, equipment, and
2025	IN 1233—LS 7512/DI 87 58
1 personnel that will be used to provide fire protection and
2 emergency services in the county.
3 (2) A description of the standards of service and protocols for
4 fire protection and emergency services.
5 (3) A plan specifying the transition of fire protection and
6 emergency services from existing township fire departments
7 and other providers of fire protection and emergency services
8 to county administered fire protection and emergency
9 services.
10 (4) A description of:
11 (A) the organization of the county fire department; and
12 (B) any residency requirements that apply to members of
13 the county fire department.
14 (5) A description of any fire protection districts, fire
15 protection territories, volunteer fire departments, or other
16 units of government that will be established or used to provide
17 fire protection service or with which the county will contract
18 or otherwise enter into an agreement for fire protection and
19 emergency services. The county plan must provide that the
20 executive of the county will provide for fire protection and
21 emergency services in the county through any combination of
22 the following:
23 (A) The operation of a county fire department.
24 (B) Contracting with or otherwise cooperating with any
25 municipality, county, fire protection district, volunteer fire
26 department, fire protection territory, or other entity.
27 (c) A municipality or volunteer fire department may provide
28 fire protection and emergency services to an unincorporated area
29 of the county, if the municipality or volunteer fire department and
30 county enter into an interlocal cooperation agreement under
31 IC 36-1-7 as provided in IC 36-8-13.7-6.
32 SECTION 63. IC 36-8-13.7 IS ADDED TO THE INDIANA CODE
33 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
34 JULY 1, 2025]:
35 Chapter 13.7. County Fire Protection and Emergency Services
36 Sec. 1. This chapter does not apply to a county having a
37 consolidated city.
38 Sec. 2. As used in this chapter, "county plan" means a county
39 fire protection and emergency services plan approved under
40 IC 36-8-13.6.
41 Sec. 3. As used in this chapter, "director" means the director of
42 the county emergency management agency.
2025	IN 1233—LS 7512/DI 87 59
1 Sec. 4. (a) On January 1, 2027, all fire protection districts under
2 IC 36-8-11 are dissolved.
3 (b) Indebtedness that was incurred by a district before January
4 1, 2027:
5 (1) may not be imposed on taxpayers that were not
6 responsible for payment of the indebtedness before the
7 dissolution of the district; and
8 (2) must be paid by the taxpayers that were responsible for
9 payment of the indebtedness before the dissolution of the
10 district.
11 (c) The territory within the dissolved district constitutes a
12 special taxing district only for the purposes of the county imposing
13 and collecting a property tax levy for payment of any outstanding
14 indebtedness of the dissolved district, including any indebtedness
15 of a district attributed to participation in a fire protection
16 territory. The county shall each year impose and collect the
17 property tax levy in the special taxing district in an amount
18 determined by the department of local government finance to be
19 used only for payment of the dissolved district's outstanding
20 indebtedness including any indebtedness of a district attributed to
21 participation in a fire protection territory. The special taxing
22 district terminates upon payment of the dissolved district's debts
23 and liabilities. Dissolution of a district does not affect the validity
24 of any contract to which the district is a party.
25 (d) The property owned by the district shall be transferred to
26 the county. After payment of debts and liabilities the property shall
27 be disposed of in the manner chosen by the county legislative body.
28 (e) After December 31, 2026, a fire protection district may not
29 be established under IC 36-8-11.
30 Sec. 5. (a) On January 1, 2027, all fire protection territories
31 under IC 36-8-19 are dissolved.
32 (b) Any unit or fire protection district participating in the
33 territory remains liable for the unit's or fire protection district's
34 share of any debt incurred under IC 36-8-19-8.5.
35 (c) The department of local government finance shall adjust a
36 participating unit's maximum permissible property tax levies,
37 maximum permissible property tax rates, and budgets to reflect the
38 dissolution of the territory.
39 (d) After December 31, 2026, a fire protection territory may not
40 be established under IC 36-8-19.
41 Sec. 6. (a) Beginning January 1, 2027, the executive of a county
42 is responsible for providing fire protection and emergency services
2025	IN 1233—LS 7512/DI 87 60
1 in the unincorporated areas of the county in the manner specified
2 in the county plan. The director shall be responsible for the day to
3 day operations in administering the plan.
4 (b) As provided in IC 36-2-21, in carrying out fire protection
5 and emergency services responsibilities, the county executive shall,
6 as provided in the county plan, provide for fire protection and
7 emergency services in the unincorporated areas of the county
8 through any combination of:
9 (1) operating a county fire department;
10 (2) contracting with or otherwise cooperating with any
11 municipality, county, or other entity; or
12 (3) entering into mutual aid agreements.
13 (c) A municipality may provide fire protection and emergency
14 services to an unincorporated area of the county, if the
15 municipality and county enter into an interlocal cooperation
16 agreement under IC 36-1-7. The agreement must be in writing and
17 clearly define the boundaries of the area in which the municipality
18 will be providing fire protection services, or emergency services, or
19 both. Payment to the municipality shall be from property taxes
20 levied by the county under section 8(c) of this chapter and
21 transferred to the municipality under the terms of the agreement.
22 Notwithstanding any other law, the municipality may not assess
23 any additional charges or fees of service to recipients for providing
24 the services to the area.
25 (d) The county may provide fire protection or emergency
26 services, or both, inside the corporate boundaries of a municipality
27 whose municipal territory is completely within a county and that
28 does not have a full-time paid fire department.
29 Sec. 7. (a) The county executive may, consistent with the county
30 plan, and with the approval of the county fiscal body, do the
31 following in carrying out the county's responsibility to provide fire
32 protection and emergency services in the unincorporated areas of
33 the county after December 31, 2026:
34 (1) Purchase firefighting and emergency services apparatus
35 and equipment for the county, provide for the housing, care,
36 maintenance, operation, and use of the apparatus and
37 equipment to provide services within the unincorporated
38 areas of the county, and employ full-time or part-time
39 personnel to operate the apparatus and equipment and to
40 provide services in that area. Preference in employment under
41 this section shall be given according to the following priority:
42 (A) A war veteran who has been honorably discharged
2025	IN 1233—LS 7512/DI 87 61
1 from the United States armed forces.
2 (B) A person whose mother or father was a:
3 (i) firefighter of a unit;
4 (ii) municipal police officer; or
5 (iii) county police officer;
6 who died in the line of duty (as defined in IC 5-10-10-2).
7 A person described in this subdivision may not receive a
8 preference for employment unless the person applies for
9 employment and meets all employment requirements
10 prescribed by law, including physical and age requirements,
11 and all employment requirements prescribed by the fire
12 department.
13 (2) Contract in accordance with IC 36-1-7 and section 6(c) of
14 this chapter with a municipality in the county or in a
15 contiguous county that maintains adequate firefighting or
16 emergency services apparatus and equipment to provide fire
17 protection or emergency services.
18 (3) Cooperate in accordance with IC 36-1-7 and section 6(c)
19 of this chapter with a municipality in the county or in a
20 contiguous county in the purchase, maintenance, and upkeep
21 of firefighting or emergency services apparatus and
22 equipment for use in the municipality and county.
23 (4) Contract with a volunteer fire department for the use and
24 operation of firefighting apparatus and equipment that has
25 been purchased by the county in order to save the private and
26 public property of the county from destruction by fire,
27 including use of the apparatus and equipment in an adjoining
28 county by the volunteer fire department if the volunteer fire
29 department has made a contract with the executive of the
30 adjoining county to furnish firefighting service within the
31 county.
32 (5) Contract with a volunteer fire department that maintains
33 adequate firefighting service in accordance with IC 36-1-7,
34 IC 36-8-12, and section 6(c) of this chapter.
35 (6) Use money in the county's rainy day fund to pay costs
36 attributable to providing fire protection or emergency
37 services consistent with the county plan.
38 (b) The county director shall be responsible for the day to day
39 operations in administering the county plan. The county director
40 shall:
41 (1) prepare the county's budget for fire protection and
42 emergency services; and
2025	IN 1233—LS 7512/DI 87 62
1 (2) not later than July 1, 2026, and before July 1 of every year
2 thereafter, submit the budget to the county executive.
3 The county executive may adopt a resolution that assigns any
4 duties under subsection (a) and any other powers and duties
5 regarding county fire protection and emergency services that are
6 determined to be advisable by the county executive to the county
7 director. However, the director may not be authorized to issue or
8 execute bonds, notes, or warrants of the county and the county
9 executive shall be responsible for approving and signing all
10 contracts and bids. The county director must act in compliance
11 with the county plan, and under the supervision and approval of
12 the county fiscal body. The county executive may, by resolution,
13 withdraw any of the duties assigned.
14 Sec. 8. (a) Each county shall establish either:
15 (1) a county firefighting and emergency services fund which
16 is to be used by the county for the payment of costs
17 attributable to providing fire protection or emergency
18 services by the methods provided in this chapter and for no
19 other purposes; or
20 (2) two (2) separate funds consisting of:
21 (A) a county firefighting fund that is to be used by the
22 county for the payment of costs attributable to providing
23 fire protection under the methods prescribed in this
24 chapter and for no other purposes; and
25 (B) a county emergency services fund that is to be used by
26 the county for the payment of costs attributable to
27 providing emergency services under the methods
28 prescribed in this chapter and for no other purposes.
29 The money in the funds described in either subdivision (1) or (2)
30 may be paid out by the county executive upon appropriation by the
31 county fiscal body.
32 (b) If a county transitions from a single county firefighting and
33 emergency services fund under subsection (a)(1) to two (2) separate
34 funds as allowed under subsection (a)(2), the county fiscal body
35 shall approve a transfer of the remaining cash balance in the
36 county firefighting and emergency services fund to the two (2) new
37 separate funds. As part of the transfer under this subsection, the
38 county fiscal body shall determine the amounts of the remaining
39 cash balance that will be attributable to the county firefighting
40 fund and the county emergency services fund.
41 (c) Each county may levy, for property taxes due in 2027 and
42 thereafter, a tax for either:
2025	IN 1233—LS 7512/DI 87 63
1 (1) the county firefighting and emergency services fund
2 described in subsection (a)(1); or
3 (2) both:
4 (A) the county firefighting fund; and
5 (B) the county emergency services fund;
6 described in subsection (a)(2).
7 Other than a county providing fire protection or emergency
8 services or both to municipalities in the county under section 6(d)
9 of this chapter, the tax levy is on all taxable real and personal
10 property in the county outside the corporate boundaries of
11 municipalities. Subject to the levy limitations contained in
12 IC 6-1.1-18.5, the county firefighting and emergency services levy
13 is to be in an amount sufficient to pay costs attributable to fire
14 protection and emergency services that are not paid from other
15 revenues available to the fund. If a county establishes a county
16 firefighting fund and a county emergency services fund described
17 in subdivision (2), the combined levies are to be an amount
18 sufficient to pay costs attributable to fire protection and emergency
19 services. However, fire protection services may be paid only from
20 the county firefighting fund and emergency services may be paid
21 only from the county emergency services fund, and each fund may
22 pay costs attributable to the respective fund for services that are
23 not paid from other revenues available to either applicable fund.
24 The tax rate and levy for a levy described in this subsection shall
25 be established in accordance with the procedures set forth in
26 IC 6-1.1-17.
27 (d) In addition to the tax levy and service charges received
28 under IC 36-8-12-13 and IC 36-8-12-16, the county executive may
29 accept donations to the county for the purpose of firefighting and
30 other emergency services and shall place them in the county
31 firefighting and emergency services fund established under
32 subsection (a)(1), or if applicable, the county firefighting fund
33 established under subsection (a)(2)(A) if the purpose of the
34 donation is for firefighting, or in the county emergency services
35 fund established under subsection (a)(2)(B) if the purpose of the
36 donation is for emergency services, keeping an accurate record of
37 the sums received. A person may also donate partial payment of
38 any purchase of firefighting or other emergency services
39 equipment made by the county.
40 (e) If a fire department serving the county dispatches fire
41 apparatus or personnel to a building or premises in the county in
42 response to:
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1 (1) an alarm caused by improper installation or improper
2 maintenance; or
3 (2) a drill or test, if the fire department is not previously
4 notified that the alarm is a drill or test;
5 the county may impose a fee or service charge upon the owner of
6 the property. However, if the owner of property that constitutes
7 the owner's residence establishes that the alarm is under a
8 maintenance contract with an alarm company and that the alarm
9 company has been notified of the improper installation or
10 maintenance of the alarm, the alarm company is liable for the
11 payment of the fee or service charge.
12 (f) The amount of a fee or service charge imposed under
13 subsection (e) shall be determined by the county fiscal body. All
14 money received by the county from the fee or service charge must
15 be deposited in the county's firefighting and emergency services
16 fund or the county's firefighting fund.
17 Sec. 9. (a) This section applies to a county that provides fire
18 protection or emergency services or both to a municipality in the
19 county under section 6(d) of this chapter.
20 (b) Except as provided in subsection (c), with the consent of the
21 county fiscal body, the county executive may pay the expenses for
22 fire protection and emergency services in the county, both inside
23 and outside the corporate boundaries of participating
24 municipalities, from any combination of the following county
25 funds, regardless of when the funds were established:
26 (1) The county firefighting and emergency services fund
27 under section 8(a)(1) of this chapter.
28 (2) The cumulative building and equipment fund under
29 IC 36-8-14.
30 (3) The debt fund for taxes levied under section 12 of this
31 chapter.
32 (4) The rainy day fund established under IC 36-1-8-5.1.
33 (c) If a county establishes a county firefighting fund and a
34 county emergency services fund described in section 8(a)(2)(B) of
35 this chapter, and with the consent of the county fiscal body, the
36 county executive may pay the expenses for fire protection from the
37 county firefighting fund and emergency services from the county
38 emergency services fund, both inside and outside the corporate
39 boundaries of participating municipalities.
40 (d) Subject to the levy limitations contained in IC 6-1.1-18.5, the
41 tax rate and levy for the county firefighting and emergency
42 services fund or the combined levies for the county firefighting
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1 fund and the county emergency services fund (as applicable), the
2 cumulative building and equipment fund, or the debt fund is to be
3 in an amount sufficient to pay all costs attributable to fire
4 protection or emergency services that are provided to the county
5 and the participating municipalities that are not paid from other
6 available revenues. The tax rate and levy for each fund shall be
7 established in accordance with the procedures set forth in
8 IC 6-1.1-17 and apply both inside and outside the corporate
9 boundaries of participating municipalities.
10 (e) The county executive may accept donations for the purpose
11 of firefighting and emergency services. The county executive shall
12 place donations in the county firefighting and emergency services
13 fund established under section 8(a)(1) of this chapter, or if
14 applicable, the county firefighting fund established under section
15 8(a)(2)(A) of this chapter if the purpose of the donation is for
16 firefighting, or the township emergency services fund established
17 under section 8(a)(2)(B) of this chapter if the purpose of the
18 donation is for emergency services. A person may donate partial
19 payment of a purchase of firefighting or emergency services
20 equipment made by the county.
21 Sec. 10. (a) For counties and municipalities that elect to have the
22 county provide fire protection and emergency services under
23 section 6(d) of this chapter, the department of local government
24 finance shall adjust each county's and each municipality's
25 maximum permissible levy in the year following the year in which
26 the change is elected, as determined under IC 6-1.1-18.5-3, to
27 reflect the change from providing fire protection or emergency
28 services under a contract between the municipality and the county
29 to allowing the county to impose a property tax levy on the taxable
30 property located within the corporate boundaries of each
31 municipality. Each municipality's maximum permissible property
32 tax levy shall be reduced by the amount of the municipality's
33 property tax levy that was imposed by the municipality to meet the
34 obligations to the county under the fire protection or emergency
35 services contract. The county's maximum permissible property tax
36 levy shall be increased by the product of:
37 (1) one and five-hundredths (1.05); multiplied by
38 (2) the amount the county received:
39 (A) in the year in which the change is elected; and
40 (B) as fire protection or emergency services contract
41 payments from all municipalities whose levy is decreased
42 under this section.
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1 (b) For purposes of determining a county's or municipality's
2 maximum permissible ad valorem property tax levy under
3 IC 6-1.1-18.5-3 for years following the first year after the year in
4 which the change is elected, a county's or municipality's maximum
5 permissible ad valorem property tax levy is the levy after the
6 adjustment made under subsection (a).
7 Sec. 11. After a sufficient appropriation has been made and
8 approved and is available for the purchase of firefighting
9 apparatus and equipment, including housing, the county executive,
10 with the approval of the county fiscal body, may purchase
11 firefighting apparatus and equipment for the county on an
12 installment conditional sale or mortgage contract running for a
13 period not exceeding:
14 (1) six (6) years; or
15 (2) fifteen (15) years for a county that is purchasing the
16 firefighting equipment with funding from the:
17 (A) state or its instrumentalities; or
18 (B) federal government or its instrumentalities.
19 The purchase must be amortized in equal or approximately equal
20 installments payable on January 1 and July 1 each year.
21 Sec. 12. (a) Subject to section 13 of this chapter and subject to
22 approval of the county fiscal body, the county executive, on behalf
23 of the county, also may borrow the money necessary to make a
24 purchase of firefighting apparatus and equipment from a financial
25 institution in Indiana on the terms described in section 11 of this
26 chapter. The county executive shall, on behalf of the county,
27 execute and deliver to the institution the negotiable note or bond of
28 the county for the sum borrowed. The note or bond must bear
29 interest, with both principal and interest payable in equal or
30 approximately equal installments on January 1 and July 1 each
31 year over a period not exceeding six (6) years.
32 (b) The first installment of principal and interest on a contract,
33 chattel mortgage, note, or bond is due on the next January 1 or
34 July 1 following the first tax collection for which it is possible for
35 the county to levy a tax. The county fiscal body shall levy a tax each
36 year sufficient to pay the obligation according to its terms and shall
37 appropriate the proceeds of the tax for this purpose. An obligation
38 of the county executed under this chapter is a valid and binding
39 obligation of the county.
40 Sec. 13. (a) If the county executive determines that money
41 should be borrowed under section 12 of this chapter, not less than
42 ten (10) taxpayers in the county who disagree with the
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1 determination may file a petition in the office of the county auditor
2 not more than thirty (30) days after notice of the determination is
3 given. The petition must state the taxpayers' objections and the
4 reasons why the taxpayers believe the borrowing to be unnecessary
5 or unwise.
6 (b) The county auditor shall immediately certify a copy of the
7 petition, together with other data necessary to present the
8 questions involved, to the department of local government finance.
9 Upon receipt of the certified petition and other data, the
10 department of local government finance shall fix a date, time, and
11 place for the hearing of the matter. The hearing shall be held not
12 less than five (5) days and not more than thirty (30) days after the
13 receipt of the certified documents.
14 (c) The hearing may be held in the county where the petition
15 arose or through electronic means.
16 (d) Notice of the hearing shall be given by the department of
17 local government finance to the county and to the first ten (10)
18 petitioners listed on the petition by letter. The letter shall be sent
19 to each of the first ten (10) petitioners at the petitioner's usual
20 place of residence at least five (5) days before the date of the
21 hearing.
22 (e) A:
23 (1) taxpayer who signed a petition filed under subsection (a);
24 or
25 (2) county against which a petition under subsection (a) is
26 filed;
27 may petition for judicial review of the final determination of the
28 department of local government finance under this section. The
29 petition must be filed in the tax court not more than forty-five (45)
30 days after the date of the department's final determination.
31 Sec. 14. (a) All purchases of firefighting apparatus and
32 equipment under this chapter shall be made in the manner
33 provided by statute for the purchase of county supplies. If the
34 amount involved is sufficient to require notice under statutes for
35 bids in connection with the purchase of apparatus or equipment,
36 the notice must offer all bidders the opportunity of proposing to
37 sell the apparatus or equipment to the county upon a conditional
38 sale or mortgage contract.
39 (b) A bidder proposing to sell on a conditional sale or mortgage
40 contract shall state in the bidder's bid the proposed interest rate
41 and terms of the conditional sale or contract, to be considered by
42 the county executive and legislative body in determining the best
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1 bid received.
2 (c) All bids submitted must specify the cash price at which the
3 bidder proposes to sell the apparatus or equipment to the county
4 so that the executive and legislative body may determine whether
5 it is in the best interest of the county to purchase the apparatus or
6 equipment on the terms of a conditional sale or mortgage contract
7 proposed by the bidder or to purchase the apparatus or equipment
8 for cash if sufficient funds are available or can be raised by
9 negotiating a loan with a financial institution in accordance with
10 section 12 of this chapter.
11 Sec. 15. A county having a regularly organized fire department
12 employing full-time firefighters may procure at the county's
13 expense:
14 (1) an insurance policy for each member of the fire
15 department insuring the member against loss of life or
16 dismemberment while in the performance of regularly
17 assigned duties; and
18 (2) group insurance providing supplemental income
19 protection for a member of the fire department who has been
20 injured during the course of employment.
21 The insurance coverage shall be selected with the consent of the
22 members and is supplemental to other benefits provided to an
23 injured member by law.
24 Sec. 16. (a) A county shall pay for the care of a full-time, paid
25 firefighter who suffers:
26 (1) an injury; or
27 (2) contracts an illness;
28 during the performance of the firefighter's duty.
29 (b) The county shall pay for the following expenses incurred by
30 a firefighter described in subsection (a):
31 (1) Medical and surgical care.
32 (2) Medicines and laboratory, curative, and palliative agents
33 and means.
34 (3) X-ray, diagnostic, and therapeutic service, including
35 during the recovery period.
36 (4) Hospital and special nursing care if the physician or
37 surgeon in charge considers it necessary for proper recovery.
38 (c) Expenditures required by subsection (a) shall be paid from
39 the county firefighting and emergency services fund established by
40 section 8(a)(1) of this chapter or the county firefighting fund
41 established in section 8(a)(2)(A) of this chapter, as applicable.
42 (d) A county that has paid for the care of a firefighter under
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1 subsection (a) has a cause of action for reimbursement of the
2 amount paid under subsection (a) against any third party against
3 whom the firefighter has a cause of action for an injury sustained
4 because of, or an illness caused by, the third party. The county's
5 cause of action under this subsection is in addition to, and not in
6 lieu of, the cause of action of the firefighter against the third party.
7 Sec. 17. Notwithstanding any other law, a county fiscal body
8 may after December 31, 2026, authorize the county executive to
9 borrow a specified sum from a county fund other than:
10 (1) the county firefighting and emergency services fund
11 established by section 8(a)(1) of this chapter; or
12 (2) the county firefighting fund established in section
13 8(a)(2)(A) of this chapter and county emergency services fund
14 established under section 8(a)(2)(B) of this chapter;
15 as applicable, if the county fiscal body finds that an emergency
16 requiring the expenditure of money is related to paying the
17 operating expenses of a county fire department or a volunteer fire
18 department. The county fiscal body shall provide for payment of
19 the debt by imposing a levy to the credit of the fund from which the
20 amount was borrowed under this subsection.
21 SECTION 64. IC 36-8-14-1 IS AMENDED TO READ AS
22 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. (a) Except as
23 provided in subsection (b), this chapter applies to all units except
24 counties.
25 (b) After December 31, 2026, this chapter also applies to
26 counties not having a consolidated city. However, a county may,
27 before January 1, 2027, take any action required under this
28 chapter that is necessary to provide for the cumulative building
29 and equipment fund to be established in 2027 and to impose the
30 property tax levy under this chapter beginning in 2027.
31 SECTION 65. IC 36-8-14-2 IS AMENDED TO READ AS
32 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) As used in this
33 section, "emergency medical services" has the meaning set forth in
34 IC 16-18-2-110.
35 (b) As used in this section, "volunteer fire department" has the
36 meaning set forth in IC 36-8-12-2.
37 (c) The legislative body of a unit or the board of fire trustees of a
38 fire protection district may provide a cumulative building and
39 equipment fund under IC 6-1.1-41 for the following purposes:
40 (1) The:
41 (A) purchase, construction, renovation, or addition to
42 buildings; or
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1 (B) purchase of land;
2 used by the fire department or a volunteer fire department serving
3 the unit.
4 (2) The purchase of firefighting equipment for use of the fire
5 department or a volunteer fire department serving the unit,
6 including making the required payments under a lease rental with
7 option to purchase agreement made to acquire the equipment.
8 (3) In a municipality, the purchase of police radio equipment.
9 (4) The:
10 (A) purchase, construction, renovation, or addition to a
11 building;
12 (B) purchase of land; or
13 (C) purchase of equipment;
14 for use of a provider of emergency medical services under
15 IC 16-31-5 to the unit establishing the fund.
16 (d) In addition to the requirements of IC 6-1.1-41, before a
17 cumulative fund may be established by a township fire protection
18 district, the county legislative body which appoints the trustees of the
19 fire protection district must approve the establishment of the fund.
20 (e) This subsection does not apply to a county having a
21 consolidated city. The following apply on January 1, 2027:
22 (1) A cumulative building and equipment fund is established
23 for each county. The adoption and approval provisions of
24 IC 6-1.1-41 do not apply to the establishment of the fund
25 under this subsection. The provisions of IC 6-1.1-41
26 concerning the adoption of a tax levy apply to the fund.
27 However, a county may before January 1, 2027, take any
28 action required under this chapter that is necessary to provide
29 for the cumulative building and equipment fund to be
30 established in 2027 and to impose the property tax levy under
31 this chapter beginning in 2027.
32 (2) Each cumulative building and equipment fund established
33 by a township in the county is abolished, and the balance in
34 the township's cumulative building and equipment fund shall
35 be transferred to the county's cumulative building and
36 equipment fund established under subdivision (1).
37 SECTION 66. IC 36-8-14-4 IS AMENDED TO READ AS
38 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4. (a) To provide for
39 the cumulative building and equipment fund established under this
40 chapter, the legislative body may levy a tax on all taxable property
41 within the taxing district in compliance with IC 6-1.1-41. The tax rate
42 may not exceed three and thirty-three hundredths cents ($0.0333) on
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1 each one hundred dollars ($100) of assessed valuation of property in
2 the taxing district.
3 (b) As the tax is collected, it shall be deposited in a qualified public
4 depository or depositories and held in a special fund to be known as:
5 (1) the "building or remodeling, firefighting, and police radio
6 equipment fund" in the case of a municipality; or as
7 (2) the "building or remodeling and fire equipment fund" in the
8 case of a township, a county (after December 31, 2026, in the
9 case of a county not having a consolidated city), or a fire
10 protection district.
11 SECTION 67. IC 36-8-19-4.5 IS ADDED TO THE INDIANA
12 CODE AS A NEW SECTION TO READ AS FOLLOWS
13 [EFFECTIVE JULY 1, 2025]: Sec. 4.5. (a) This section does not
14 apply to townships in a county having a consolidated city.
15 (b) On January 1, 2027, all fire protection territories in the
16 county are dissolved as provided in IC 36-8-13.7.
17 SECTION 68. IC 36-12-1-15 IS ADDED TO THE INDIANA
18 CODE AS A NEW SECTION TO READ AS FOLLOWS
19 [EFFECTIVE JULY 1, 2025]: Sec. 15. The following occurs after
20 December 31, 2026, in a county not having a consolidated city:
21 (1) The powers and duties of a township trustee concerning
22 public libraries, library districts, or provision or receipt of
23 library services by contract under this article are transferred
24 to the county trustee.
25 (2) All responsibilities and obligations of a township
26 government with respect to a public library, a library district,
27 or provision or receipt of library services by contract are
28 assumed by the county.
29 (3) The dissolution of township government under IC 36-6.1
30 does not automatically terminate a public library, library
31 district, or contract for provision or receipt of library services
32 in existence on December 31, 2026. However, after December
33 31, 2026, a county legislative body may withdraw as otherwise
34 provided in this chapter from a library district.
35 SECTION 69. [EFFECTIVE JULY 1, 2025] (a) The legislative
36 services agency shall prepare, as directed by the legislative council,
37 legislation for introduction in the 2026 regular session of the
38 general assembly to organize and correct statutes affected by this
39 act, if necessary.
40 (b) This SECTION expires July 1, 2027.
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