Indiana 2025 Regular Session

Indiana House Bill HB1233 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1233
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 3-10; IC 3-11-2-12; IC 6-1.1; IC 12-7-2-46.3;
7	7	IC 12-20; IC 15-16-7-4; IC 36-2; IC 36-5-1.1; IC 36-6; IC 36-6.1;
8	8	IC 36-8; IC 36-12-1-15.
9	9	Synopsis: Local government reorganization. Provides that on January
10	10	1, 2027, in all counties except Marion County, the following occur: (1)
11	11	Township government is dissolved. (2) The county executive assumes
12	12	the powers and duties of township trustees with regard to fire
13	13	protection and emergency services (fire services). (3) An elected
14	14	county trustee assumes the powers and duties of township trustees
15	15	regarding township assistance. Specifies that, on January 1, 2027, the
16	16	following occur: (1) All fire protection districts and fire protection
17	17	territories are dissolved. (2) Fire services are provided in accordance
18	18	with a county fire protection and emergency medical services plan
19	19	(county plan). (3) The county emergency management director is
20	20	responsible for the day to day operations of administering the county
21	21	plan. Provides that all incorporated towns with a population of less than
22	22	1,000 are required: (1) to report not later than November 1, 2025, and
23	23	every November 1 every four years thereafter as to the services
24	24	provided to residents, and operating costs; and (2) to be dissolved by
25	25	the county legislative body if the town's operating costs exceed the
26	26	expenditures for delivery of services to residents.
27	27	Effective: July 1, 2025.
28	28	Engleman
29	29	January 9, 2025, read first time and referred to Committee on Local Government.
30	30	2025 IN 1233—LS 7512/DI 87 Introduced
31	31	First Regular Session of the 124th General Assembly (2025)
32	32	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
33	33	Constitution) is being amended, the text of the existing provision will appear in this style type,
34	34	additions will appear in this style type, and deletions will appear in this style type.
35	35	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
36	36	provision adopted), the text of the new provision will appear in this style type. Also, the
37	37	word NEW will appear in that style type in the introductory clause of each SECTION that adds
38	38	a new provision to the Indiana Code or the Indiana Constitution.
39	39	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
40	40	between statutes enacted by the 2024 Regular Session of the General Assembly.
41	41	HOUSE BILL No. 1233
42	42	A BILL FOR AN ACT to amend the Indiana Code concerning local
43	43	government.
44	44	Be it enacted by the General Assembly of the State of Indiana:
45	45	1 SECTION 1. IC 3-10-1-19, AS AMENDED BY P.L.227-2023,
46	46	2 SECTION 58, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
47	47	3 JULY 1, 2025]: Sec. 19. (a) The ballot for a primary election shall be
48	48	4 printed in substantially the form described in this section for all the
49	49	5 offices for which candidates have qualified under IC 3-8.
50	50	6 (b) The following shall be printed as the heading for the ballot for
51	51	7 a political party:
52	52	8 "OFFICIAL PRIMARY BALLOT
53	53	9 _________________ Party (insert the name of the political party)".
54	54	10 (c) The following shall be printed immediately below the heading
55	55	11 required by subsection (b) or be posted in each voting booth as
56	56	12 provided in IC 3-11-2-8(b):
57	57	13 (1) For paper ballots, print: To vote for a person, make a voting
58	58	14 mark (X or U) on or in the box before the person's name in the
59	59	15 proper column.
60	60	16 (2) For optical scan ballots, print: To vote for a person, darken or
61	61	17 shade in the circle, oval, or square (or draw a line to connect the
62	62	2025 IN 1233—LS 7512/DI 87 2
63	63	1 arrow) that precedes the person's name in the proper column.
64	64	2 (3) For optical scan ballots that do not contain a candidate's name,
65	65	3 print: To vote for a person, darken or shade in the oval that
66	66	4 precedes the number assigned to the person's name in the proper
67	67	5 column.
68	68	6 (4) For electronic voting systems, print: To vote for a person,
69	69	7 touch the screen (or press the button) in the location indicated.
70	70	8 (d) Local public questions shall be placed on the primary election
71	71	9 ballot after the heading and the voting instructions described in
72	72	10 subsection (c) (if the instructions are printed on the ballot) and before
73	73	11 the offices described in subsection (g).
74	74	12 (e) The local public questions described in subsection (d) shall be
75	75	13 placed as follows:
76	76	14 (1) In a separate column on the ballot if voting is by paper ballot.
77	77	15 (2) After the heading and the voting instructions described in
78	78	16 subsection (c) (if the instructions are printed on the ballot) and
79	79	17 before the offices described in subsection (g), in the form
80	80	18 specified in IC 3-11-13-11 if voting is by ballot card.
81	81	19 (3) As provided by either of the following if voting is by an
82	82	20 electronic voting system:
83	83	21 (A) On a separate screen for a public question.
84	84	22 (B) After the heading and the voting instructions described in
85	85	23 subsection (c) (if the instructions are printed on the ballot) and
86	86	24 before the offices described in subsection (g), in the form
87	87	25 specified in IC 3-11-14-3.5.
88	88	26 (f) A public question shall be placed on the primary election ballot
89	89	27 in the following form:
90	90	28 (The explanatory text for the public question,
91	91	29 if required by law.)
92	92	30 "Shall (insert public question)?"
93	93	31 [] YES
94	94	32 [] NO
95	95	33 (g) The offices with candidates for nomination shall be placed on
96	96	34 the primary election ballot in the following order:
97	97	35 (1) Federal and state offices:
98	98	36 (A) President of the United States.
99	99	37 (B) United States Senator.
100	100	38 (C) Governor.
101	101	39 (D) United States Representative.
102	102	40 (2) Legislative offices:
103	103	41 (A) State senator.
104	104	42 (B) State representative.
105	105	2025 IN 1233—LS 7512/DI 87 3
106	106	1 (3) Circuit offices and county judicial offices:
107	107	2 (A) Judge of the circuit court, and unless otherwise specified
108	108	3 under IC 33, with each division separate if there is more than
109	109	4 one (1) judge of the circuit court.
110	110	5 (B) Judge of the superior court, and unless otherwise specified
111	111	6 under IC 33, with each division separate if there is more than
112	112	7 one (1) judge of the superior court.
113	113	8 (C) Judge of the probate court.
114	114	9 (D) Prosecuting attorney.
115	115	10 (E) Circuit court clerk.
116	116	11 (4) County offices:
117	117	12 (A) County auditor.
118	118	13 (B) County recorder.
119	119	14 (C) County treasurer.
120	120	15 (D) County sheriff.
121	121	16 (E) County coroner.
122	122	17 (F) County surveyor.
123	123	18 (G) County assessor.
124	124	19 (H) County commissioner.
125	125	20 (I) County council member.
126	126	21 (J) County trustee (for elections in 2026 and thereafter).
127	127	22 (5) Township offices:
128	128	23 (A) Township assessor (only in a township referred to in
129	129	24 IC 36-6-5-1(d)). This clause does not apply to elections in
130	130	25 2026 and thereafter.
131	131	26 (B) Township trustee. This clause does not apply to elections
132	132	27 in 2026 and thereafter in a county not having a
133	133	28 consolidated city.
134	134	29 (C) Township board member. This clause does not apply to
135	135	30 elections in 2026 and thereafter in a county not having a
136	136	31 consolidated city.
137	137	32 (D) Judge of the small claims court.
138	138	33 (E) Constable of the small claims court.
139	139	34 (6) City offices:
140	140	35 (A) Mayor.
141	141	36 (B) Clerk or clerk-treasurer.
142	142	37 (C) Judge of the city court.
143	143	38 (D) City-county council member or common council member.
144	144	39 (7) Town offices:
145	145	40 (A) Clerk-treasurer.
146	146	41 (B) Judge of the town court.
147	147	42 (C) Town council member.
148	148	2025 IN 1233—LS 7512/DI 87 4
149	149	1 (h) The political party offices with candidates for election shall be
150	150	2 placed on the primary election ballot in the following order after the
151	151	3 offices described in subsection (g):
152	152	4 (1) Precinct committeeman.
153	153	5 (2) State convention delegate.
154	154	6 (i) The local offices to be elected at the primary election shall be
155	155	7 placed on the primary election ballot after the offices described in
156	156	8 subsection (h).
157	157	9 (j) The offices described in subsection (i) shall be placed as follows:
158	158	10 (1) In a separate column on the ballot if voting is by paper ballot.
159	159	11 (2) After the offices described in subsection (h) in the form
160	160	12 specified in IC 3-11-13-11 if voting is by ballot card.
161	161	13 (3) Either:
162	162	14 (A) on a separate screen for each office or public question; or
163	163	15 (B) after the offices described in subsection (h) in the form
164	164	16 specified in IC 3-11-14-3.5;
165	165	17 if voting is by an electronic voting system.
166	166	18 (k) If no candidate has filed to run for an office on the primary ballot
167	167	19 then the county election board may print "NO CANDIDATE FILED"
168	168	20 in the place on the ballot where a candidate's name would have been
169	169	21 printed.
170	170	22 SECTION 2. IC 3-10-2-13, AS AMENDED BY P.L.278-2019,
171	171	23 SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
172	172	24 JULY 1, 2025]: Sec. 13. The following public officials shall be elected
173	173	25 at the general election before their terms of office expire and every four
174	174	26 (4) years thereafter:
175	175	27 (1) Clerk of the circuit court.
176	176	28 (2) County auditor.
177	177	29 (3) County recorder.
178	178	30 (4) County treasurer.
179	179	31 (5) County sheriff.
180	180	32 (6) County coroner.
181	181	33 (7) County surveyor.
182	182	34 (8) County assessor.
183	183	35 (9) County commissioner.
184	184	36 (10) County council member.
185	185	37 (11) County trustee (for elections in 2026 and thereafter).
186	186	38 (11) (12) Township trustee. This subdivision does not apply to
187	187	39 elections in 2026 and thereafter in a county not having a
188	188	40 consolidated city.
189	189	41 (12) (13) Township board member. This subdivision does not
190	190	42 apply to elections in 2026 and thereafter in a county not
191	191	2025 IN 1233—LS 7512/DI 87 5
192	192	1 having a consolidated city.
193	193	2 (13) (14) Township assessor (only in a township referred to in
194	194	3 IC 36-6-5-1(d)). This subdivision does not apply to elections in
195	195	4 2026 and thereafter.
196	196	5 (14) (15) Judge of a small claims court.
197	197	6 (15) (16) Constable of a small claims court.
198	198	7 SECTION 3. IC 3-11-2-12, AS AMENDED BY P.L.227-2023,
199	199	8 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
200	200	9 JULY 1, 2025]: Sec. 12. (a) The following offices shall be placed on
201	201	10 the general election ballot in the following order after the public
202	202	11 questions described in section 10(a) of this chapter:
203	203	12 (1) Federal and state offices:
204	204	13 (A) President and Vice President of the United States.
205	205	14 (B) United States Senator.
206	206	15 (C) Governor and lieutenant governor.
207	207	16 (D) Secretary of state.
208	208	17 (E) Auditor of state.
209	209	18 (F) Treasurer of state.
210	210	19 (G) Attorney general.
211	211	20 (H) United States Representative. If an election to fill a
212	212	21 vacancy in an office of United States Representative under
213	213	22 IC 3-10-8 is held on the same day as the election for the next
214	214	23 term of the same office, the ballot shall list the election to fill
215	215	24 the vacancy in the office immediately after the election for the
216	216	25 next term of the office.
217	217	26 (2) Legislative offices:
218	218	27 (A) State senator.
219	219	28 (B) State representative.
220	220	29 (3) Circuit offices and county judicial offices:
221	221	30 (A) Judge of the circuit court, and unless otherwise specified
222	222	31 under IC 33, with each division separate if there is more than
223	223	32 one (1) judge of the circuit court.
224	224	33 (B) Judge of the superior court, and unless otherwise specified
225	225	34 under IC 33, with each division separate if there is more than
226	226	35 one (1) judge of the superior court.
227	227	36 (C) Judge of the probate court.
228	228	37 (D) Prosecuting attorney.
229	229	38 (E) Clerk of the circuit court.
230	230	39 (4) County offices:
231	231	40 (A) County auditor.
232	232	41 (B) County recorder.
233	233	42 (C) County treasurer.
234	234	2025 IN 1233—LS 7512/DI 87 6
235	235	1 (D) County sheriff.
236	236	2 (E) County coroner.
237	237	3 (F) County surveyor.
238	238	4 (G) County assessor.
239	239	5 (H) County commissioner.
240	240	6 (I) County council member.
241	241	7 (J) County trustee (for elections in 2026 and thereafter).
242	242	8 (5) Township offices:
243	243	9 (A) Township assessor (only in a township referred to in
244	244	10 IC 36-6-5-1(d)). This clause does not apply to elections in
245	245	11 2026 and thereafter.
246	246	12 (B) Township trustee. This clause does not apply to elections
247	247	13 in 2026 and thereafter in a county not having a
248	248	14 consolidated city.
249	249	15 (C) Township board member. This clause does not apply to
250	250	16 elections in 2026 and thereafter in a county not having a
251	251	17 consolidated city.
252	252	18 (D) Judge of the small claims court.
253	253	19 (E) Constable of the small claims court.
254	254	20 (6) City offices:
255	255	21 (A) Mayor.
256	256	22 (B) Clerk or clerk-treasurer.
257	257	23 (C) Judge of the city court.
258	258	24 (D) City-county council member or common council member.
259	259	25 (7) Town offices:
260	260	26 (A) Clerk-treasurer.
261	261	27 (B) Judge of the town court.
262	262	28 (C) Town council member.
263	263	29 (b) If a major political party does not nominate a candidate for an
264	264	30 office on a general, municipal, or special election ballot then the county
265	265	31 election board may print "NO CANDIDATE FILED" in the place on
266	266	32 the ballot where the name of the major political party's nominee would
267	267	33 be printed.
268	268	34 SECTION 4. IC 6-1.1-17-3, AS AMENDED BY P.L.220-2021,
269	269	35 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
270	270	36 JULY 1, 2025]: Sec. 3. (a) The proper officers of a political subdivision
271	271	37 shall formulate its estimated budget and its proposed tax rate and tax
272	272	38 levy on the form prescribed by the department of local government
273	273	39 finance and approved by the state board of accounts. In formulating a
274	274	40 political subdivision's estimated budget under this section, the proper
275	275	41 officers of the political subdivision must consider the net property tax
276	276	42 revenue that will be collected by the political subdivision during the
277	277	2025 IN 1233—LS 7512/DI 87 7
278	278	1 ensuing year, after taking into account the estimate by the department
279	279	2 of local government finance under IC 6-1.1-20.6-11.1 of the amount by
280	280	3 which the political subdivision's distribution of property taxes will be
281	281	4 reduced by credits under IC 6-1.1-20.6-9.5 in the ensuing year, after
282	282	5 taking into account the estimate by the department of local government
283	283	6 finance under section 0.7 of this chapter of the maximum amount of net
284	284	7 property tax revenue and miscellaneous revenue that the political
285	285	8 subdivision will receive in the ensuing year, and after taking into
286	286	9 account all payments for debt service obligations that are to be made
287	287	10 by the political subdivision during the ensuing year. The political
288	288	11 subdivision or appropriate fiscal body, if the political subdivision is
289	289	12 subject to section 20 of this chapter, shall submit the following
290	290	13 information to the department's computer gateway:
291	291	14 (1) The estimated budget.
292	292	15 (2) The estimated maximum permissible levy, as provided by the
293	293	16 department under IC 6-1.1-18.5-24.
294	294	17 (3) The current and proposed tax levies of each fund.
295	295	18 (4) The percentage change between the current and proposed tax
296	296	19 levies of each fund.
297	297	20 (5) The amount by which the political subdivision's distribution
298	298	21 of property taxes may be reduced by credits granted under
299	299	22 IC 6-1.1-20.6, as estimated by the department of local government
300	300	23 finance under IC 6-1.1-20.6-11.1.
301	301	24 (6) The amounts of excessive levy appeals to be requested.
302	302	25 (7) The time and place at which the political subdivision or
303	303	26 appropriate fiscal body will hold a public hearing on the items
304	304	27 described in subdivisions (1) through (6).
305	305	28 (8) The time and place at which the political subdivision or
306	306	29 appropriate fiscal body will meet to fix the budget, tax rate, and
307	307	30 levy under section 5 of this chapter.
308	308	31 (9) The date, time, and place of the final adoption of the budget,
309	309	32 tax rate, and levy under section 5 of this chapter.
310	310	33 Except as provided in section 5.6(b) of this chapter, the political
311	311	34 subdivision or appropriate fiscal body shall submit this information to
312	312	35 the department's computer gateway at least ten (10) days before the
313	313	36 public hearing required by this subsection in the manner prescribed by
314	314	37 the department. If the date, time, or place of the final adoption
315	315	38 subsequently changes, the political subdivision shall update the
316	316	39 information submitted to the department's computer gateway. The
317	317	40 department shall make this information available to taxpayers, at least
318	318	41 ten (10) days before the public hearing, through its computer gateway
319	319	42 and provide a telephone number through which taxpayers may request
320	320	2025 IN 1233—LS 7512/DI 87 8
321	321	1 mailed copies of a political subdivision's information under this
322	322	2 subsection. The department's computer gateway must allow a taxpayer
323	323	3 to search for the information under this subsection by the taxpayer's
324	324	4 address. The department shall review only the submission to the
325	325	5 department's computer gateway for compliance with this section.
326	326	6 (b) The board of directors of a solid waste management district
327	327	7 established under IC 13-21 or IC 13-9.5-2 (before its repeal) may
328	328	8 conduct the public hearing required under subsection (a):
329	329	9 (1) in any county of the solid waste management district; and
330	330	10 (2) in accordance with the annual notice of meetings published
331	331	11 under IC 13-21-5-2.
332	332	12 (c) The trustee of each township in the county shall estimate the
333	333	13 amount necessary to meet the cost of township assistance in the
334	334	14 township for the ensuing calendar year. The township board shall adopt
335	335	15 with the township budget a tax rate sufficient to meet the estimated cost
336	336	16 of township assistance. The taxes collected as a result of the tax rate
337	337	17 adopted under this subsection are credited to the township assistance
338	338	18 fund. After December 31, 2026, this subsection applies only to a
339	339	19 township in a county having a consolidated city.
340	340	20 (d) A political subdivision for which any of the information under
341	341	21 subsection (a) is not submitted to the department's computer gateway
342	342	22 in the manner prescribed by the department shall have its most recent
343	343	23 annual appropriations and annual tax levy continued for the ensuing
344	344	24 budget year.
345	345	25 (e) If a political subdivision or appropriate fiscal body timely
346	346	26 submits the information under subsection (a) but subsequently
347	347	27 discovers the information contains an error, the political subdivision or
348	348	28 appropriate fiscal body may submit amended information to the
349	349	29 department's computer gateway. However, submission of an
350	350	30 amendment to information described in subsection (a)(1) through (a)(7)
351	351	31 must occur at least ten (10) days before the public hearing held under
352	352	32 subsection (a), and submission of an amendment to information
353	353	33 described in subsection (a)(8) must occur at least twenty-four (24)
354	354	34 hours before the time in which the meeting to fix the budget, tax rate,
355	355	35 and levy was originally advertised to commence.
356	356	36 (f) Each year, the governing body of a school corporation that
357	357	37 imposes property taxes to pay debt service on bonds or lease rentals on
358	358	38 a lease for a controlled project under IC 6-1.1-20, property taxes under
359	359	39 an operating referendum tax levy under IC 20-46-1, or property taxes
360	360	40 under a school safety referendum tax levy under IC 20-46-9, shall
361	361	41 submit the following information at least ten (10) days before the
362	362	42 public hearing required by subsection (a) in the manner prescribed by
363	363	2025 IN 1233—LS 7512/DI 87 9
364	364	1 the department:
365	365	2 (1) the purposes specified in the public question submitted to the
366	366	3 voters or any revenue spending plans adopted under
367	367	4 IC 6-1.1-20-13, IC 20-46-1-8, or IC 20-46-9-6 for:
368	368	5 (A) debt service on bonds or lease rentals on a lease for a
369	369	6 controlled project under IC 6-1.1-20;
370	370	7 (B) an operating referendum tax levy approved by the voters
371	371	8 of the school corporation under IC 20-46-1; or
372	372	9 (C) a school safety referendum tax levy approved by the voters
373	373	10 of the school corporation under IC 20-46-9;
374	374	11 as applicable; and
375	375	12 (2) the debt service levy fund, operating referendum tax levy
376	376	13 fund, or school safety referendum tax levy fund of the school
377	377	14 corporation, whichever is applicable;
378	378	15 to show whether the school corporation is using revenue collected from
379	379	16 the referendum tax levy in the amounts and for the purposes
380	380	17 established in the purposes specified in the public question submitted
381	381	18 to the voters or the revenue spending plan, as applicable. The
382	382	19 department shall make this information available to taxpayers at least
383	383	20 ten (10) days before the public hearing.
384	384	21 (g) This subsection does not apply to a county having a
385	385	22 consolidated city. This subsection applies to budgets for calendar
386	386	23 years after 2026 and to property taxes first due and payable after
387	387	24 2026. Notwithstanding any other law, in 2026 and each year
388	388	25 thereafter, the county trustee shall estimate the amount necessary
389	389	26 to meet the cost of township assistance in the county for the
390	390	27 ensuing calendar year. The county fiscal body shall adopt with the
391	391	28 county budget for property taxes due in 2027 and each year
392	392	29 thereafter a uniform tax rate throughout the county sufficient to
393	393	30 meet the estimated cost of township assistance in the county. The
394	394	31 taxes collected as a result of the tax rate adopted under this
395	395	32 subsection shall be credited to the fund established under
396	396	33 IC 12-20-21-6.
397	397	34 (h) This subsection does not apply to a county having a
398	398	35 consolidated city. This subsection applies to budgets for calendar
399	399	36 years after 2026 and to property taxes first due and payable after
400	400	37 2026. Notwithstanding any other law, in 2026 and each year
401	401	38 thereafter, the county fiscal body shall adopt with the county
402	402	39 budget for 2027 and thereafter:
403	403	40 (1) the budget to carry out the county's firefighting and
404	404	emergency services powers and duties in the county 41 in
405	405	42 accordance with the county fire protection and emergency
406	406	2025 IN 1233—LS 7512/DI 87 10
407	407	services plan under IC 36-8-13.6; 1 and
408	408	2 (2) the property tax levy for the county's firefighting and
409	409	3 emergency services fund or the combined property tax levies
410	410	4 for the county's firefighting fund and the county's emergency
411	411	5 services fund under IC 6-1.1-18.5-18.5 and IC 36-8-13.7.
412	412	6 SECTION 5. IC 6-1.1-18-28, AS AMENDED BY P.L.236-2023,
413	413	7 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
414	414	8 JULY 1, 2025]: Sec. 28. (a) After December 31, 2026, this section
415	415	9 applies only to a township in a county having a consolidated city.
416	416	10 (a) (b) The executive of a township may, upon approval by the
417	417	11 township fiscal body, submit a petition to the department of local
418	418	12 government finance for an increase in the township's maximum
419	419	13 permissible ad valorem property tax levy for its township firefighting
420	420	14 and emergency services fund under IC 36-8-13-4(a)(1) or the levies for
421	421	15 the township firefighting fund and township emergency services fund
422	422	16 described in IC 36-8-13-4(a)(2), as applicable, for property taxes for
423	423	17 any year for which a petition is submitted under this section.
424	424	18 (b) (c) If the township submits a petition as provided in subsection
425	425	19 (a) (b) before April 1 of a year, the department of local government
426	426	20 finance shall increase the township's maximum permissible ad valorem
427	427	21 property tax levy for the township firefighting and emergency services
428	428	22 fund under IC 36-8-13-4(a)(1) or the combined levies for the township
429	429	23 firefighting fund and township emergency services fund described in
430	430	24 IC 36-8-13-4(a)(2), as applicable, for property taxes first due and
431	431	25 payable in the immediately succeeding year by using the following
432	432	26 formula for purposes of subsection (c)(2): (d)(2):
433	433	27 STEP ONE: Determine the percentage increase in the population,
434	434	28 as determined by the township fiscal body and as may be
435	435	29 prescribed by the department of local government finance, that is
436	436	30 within the fire protection and emergency services area of the
437	437	31 township during the ten (10) year period immediately preceding
438	438	32 the year in which the petition is submitted under subsection (a).
439	439	33 (b). The township fiscal body may use the most recently available
440	440	34 population data issued by the Bureau of the Census during the ten
441	441	35 (10) year period immediately preceding the petition.
442	442	36 STEP TWO: Determine the greater of zero (0) or the result of:
443	443	37 (A) the STEP ONE percentage; minus
444	444	38 (B) six percent (6%);
445	445	39 expressed as a decimal.
446	446	40 STEP THREE: Determine a rate that is the lesser of:
447	447	41 (A) fifteen-hundredths (0.15); or
448	448	42 (B) the STEP TWO result.
449	449	2025 IN 1233—LS 7512/DI 87 11
450	450	1 STEP FOUR: Reduce the STEP THREE rate by any rate increase
451	451	2 in the township's property tax rate or rates for its township
452	452	3 firefighting and emergency services fund, township firefighting
453	453	4 fund, or township emergency services fund, as applicable, within
454	454	5 the immediately preceding ten (10) year period that was made
455	455	6 based on a petition submitted by the township under this section.
456	456	7 (c) (d) The township's maximum permissible ad valorem property
457	457	8 tax levy for its township firefighting and emergency services fund
458	458	9 under IC 36-8-13-4(a)(1) or the combined levies for the township
459	459	10 firefighting fund and township emergency services fund described in
460	460	11 IC 36-8-13-4(a)(2) for property taxes first due and payable in a given
461	461	12 year, as adjusted under this section, shall be calculated as:
462	462	13 (1) the amount of the ad valorem property tax levy increase for
463	463	14 the township firefighting and emergency services fund under
464	464	15 IC 36-8-13-4(a)(1) or the combined levies for the township
465	465	16 firefighting fund and township emergency services fund described
466	466	17 in IC 36-8-13-4(a)(2), as applicable, without regard to this
467	467	18 section; plus
468	468	19 (2) an amount equal to the result of:
469	469	20 (A) the rate determined under the formula in subsection (b);
470	470	21 (c); multiplied by
471	471	22 (B) the net assessed value of the fire protection and emergency
472	472	23 services area divided by one hundred (100).
473	473	24 The calculation under this subsection shall be used in the determination
474	474	25 of the township's maximum permissible ad valorem property tax levy
475	475	26 under IC 36-8-13-4 for property taxes first due and payable in the first
476	476	27 year of the increase and thereafter.
477	477	28 SECTION 6. IC 6-1.1-18.5-10.2 IS AMENDED TO READ AS
478	478	29 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 10.2. (a) For purposes
479	479	30 of determining the property tax levy limit imposed on a township under
480	480	31 section 3 of this chapter, the township ad valorem property tax levy for
481	481	32 a particular calendar year does not include the amount, if any, of ad
482	482	33 valorem property taxes that would be first due and payable to the
483	483	34 township during the ensuing calendar year under the authority of
484	484	35 IC 36-8-13-4. The amount of ad valorem property taxes levied by the
485	485	36 township under the authority of IC 36-8-13-4 shall, for purposes of the
486	486	37 property tax levy limits imposed under section 3 of this chapter, be
487	487	38 treated as if that levy were made by a separate civil taxing unit.
488	488	39 (b) For purposes of determining the property tax levy limit
489	489	40 imposed on a county under section 3 of this chapter, the county ad
490	490	41 valorem property tax levy for a particular calendar year does not
491	491	42 include the amount, if any, of ad valorem property taxes imposed
492	492	2025 IN 1233—LS 7512/DI 87 12
493	493	1 under IC 36-8-13.7-8 that would be first due and payable to the
494	494	2 county during the ensuing calendar year. The amount of ad
495	495	3 valorem property taxes levied by the county under IC 36-8-13.7-8
496	496	4 shall, for purposes of the property tax levy limits imposed under
497	497	5 section 3 of this chapter, be treated as if that levy were made by a
498	498	6 separate civil taxing unit.
499	499	7 SECTION 7. IC 6-1.1-18.5-18.5 IS ADDED TO THE INDIANA
500	500	8 CODE AS A NEW SECTION TO READ AS FOLLOWS
501	501	9 [EFFECTIVE JULY 1, 2025]: Sec. 18.5. (a) This section does not
502	502	10 apply to a county having a consolidated city.
503	503	11 (b) Subject to subsection (d), the maximum permissible ad
504	504	12 valorem property tax levy for the county's firefighting and
505	505	13 emergency services fund or the combined property tax levies for
506	506	14 the county's firefighting fund and the emergency services fund
507	507	15 under IC 36-8-13.7-8 for property taxes first due and payable after
508	508	16 December 31, 2026, is the amount determined in STEP TWO of the
509	509	17 following STEPS:
510	510	18 STEP ONE: Determine:
511	511	19 (A) for ad valorem property taxes first due and payable in
512	512	20 2027:
513	513	21 (i) the combined maximum ad valorem property tax levy
514	514	22 under this chapter of all the townships in the county for
515	515	23 the townships' firefighting and emergency services funds
516	516	24 and the townships' firefighting funds and emergency
517	517	25 services funds established under IC 36-8-13-4 for
518	518	26 property taxes first due and payable in 2026; plus
519	519	27 (ii) the combined maximum ad valorem property tax
520	520	28 levy for property taxes first due and payable for all fire
521	521	29 protection territories and fire protection districts in the
522	522	30 county that are abolished in the first year in which the
523	523	31 county is responsible for providing fire protection and
524	524	32 emergency services; or
525	525	33 (B) for ad valorem property taxes first due and payable
526	526	34 after 2027 the maximum permissible ad valorem:
527	527	35 (i) property tax levy for the county's firefighting and
528	528	36 emergency services fund established under IC 36-8-13-4;
529	529	37 or
530	530	38 (ii) combined levies for the county's firefighting fund and
531	531	39 the county's emergency services fund established under
532	532	40 IC 36-8-13-4;
533	533	41 as determined under this section for ad valorem property
534	534	42 taxes first due and payable in the immediately preceding
535	535	2025 IN 1233—LS 7512/DI 87 13
536	536	1 calendar year.
537	537	2 STEP TWO: Multiply the amount determined in STEP ONE
538	538	3 by the amount determined in the last STEP of section 2(b) of
539	539	4 this chapter.
540	540	5 (c) Notwithstanding any other law, the county fiscal body shall
541	541	6 impose the first property tax levy for the county's firefighting and
542	542	7 emergency services fund or the combined levies for the county's
543	543	8 firefighting fund and the county's emergency services fund under
544	544	9 IC 36-8-13.7-8 beginning with property taxes first due and payable
545	545	10 in 2027.
546	546	11 (d) Notwithstanding any other law, the department of local
547	547	12 government finance may adjust the maximum permissible ad
548	548	13 valorem property tax levy of any political subdivision as necessary
549	549	14 and proper to account for the transfer of fire protection and
550	550	15 emergency services powers and duties from townships to counties
551	551	16 after December 31, 2026.
552	552	17 SECTION 8. IC 6-1.1-18.5-22 IS ADDED TO THE INDIANA
553	553	18 CODE AS A NEW SECTION TO READ AS FOLLOWS
554	554	19 [EFFECTIVE JULY 1, 2025]: Sec. 22. (a) This section applies only
555	555	20 to a county not having a consolidated city.
556	556	21 (b) For purposes of determining the property tax levy limit
557	557	22 imposed on a county under section 3 of this chapter, the county ad
558	558	23 valorem property tax levy for a particular calendar year does not
559	559	24 include the amount, if any, of ad valorem property taxes imposed
560	560	25 for township assistance. A separate maximum permissible ad
561	561	26 valorem property tax levy for township assistance shall be
562	562	27 determined as provided in this section for 2027 and thereafter.
563	563	28 (c) The county's maximum permissible ad valorem property tax
564	564	29 levy for township assistance for property taxes first due and
565	565	30 payable in 2027 is equal to the result of:
566	566	31 (1) the total amount of property taxes levied for township
567	567	32 assistance by all townships in the county for property taxes
568	568	33 first due and payable in 2026; multiplied by
569	569	34 (2) the maximum levy growth quotient determined under
570	570	35 section 2 of this chapter for 2027.
571	571	36 (d) The county's maximum permissible ad valorem property tax
572	572	37 levy for township assistance for property taxes for an ensuing
573	573	38 calendar year after 2027 is equal to:
574	574	39 (1) the county's maximum permissible ad valorem property
575	575	40 tax levy for township assistance determined under this section
576	576	41 for the current calendar year; multiplied by
577	577	42 (2) the maximum levy growth quotient determined under
578	578	2025 IN 1233—LS 7512/DI 87 14
579	579	1 section 2 of this chapter for the ensuing calendar year.
580	580	2 SECTION 9. IC 12-7-2-46.3 IS ADDED TO THE INDIANA CODE
581	581	3 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
582	582	4 1, 2025]: Sec. 46.3. "County trustee" for purposes of IC 12-20 and
583	583	5 IC 12-30 means the county trustee elected under IC 3-10-2-13.
584	584	6 SECTION 10. IC 12-20-1-2.5 IS ADDED TO THE INDIANA
585	585	7 CODE AS A NEW SECTION TO READ AS FOLLOWS
586	586	8 [EFFECTIVE JULY 1, 2025]: Sec. 2.5. In a county not having a
587	587	9 consolidated city:
588	588	10 (1) Before January 1, 2027, township assistance is
589	589	11 administered in each township. The township trustee is the
590	590	12 administrator of township assistance in the township.
591	591	13 (2) After December 31, 2026, township assistance is
592	592	14 administered on a county basis by the county trustee elected
593	593	15 under IC 3-10-2-13.
594	594	16 SECTION 11. IC 12-20-1-6.5 IS ADDED TO THE INDIANA
595	595	17 CODE AS A NEW SECTION TO READ AS FOLLOWS
596	596	18 [EFFECTIVE JULY 1, 2025]: Sec. 6.5. (a) This section applies only
597	597	19 to a county not having a consolidated city.
598	598	20 (b) A township assistance advisory group is established in the
599	599	21 county. Each member of the county executive shall appoint a
600	600	22 township trustee from the member's district to serve on the
601	601	23 advisory group as a member. The president of the county executive
602	602	24 shall chair the advisory group. The advisory group shall:
603	603	25 (1) submit recommendations to the county executive and the
604	604	26 county fiscal body regarding the transition from township
605	605	27 responsibility for township assistance to county responsibility
606	606	28 for township assistance; and
607	607	29 (2) take steps as necessary to assist the transition of
608	608	30 responsibility for township assistance.
609	609	31 (c) The advisory group is abolished January 1, 2027.
610	610	32 SECTION 12. IC 12-20-1-7 IS ADDED TO THE INDIANA CODE
611	611	33 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
612	612	34 1, 2025]: Sec. 7. (a) This section applies only to a county not having
613	613	35 a consolidated city. This section applies after December 31, 2026.
614	614	36 (b) The county trustee shall administer township assistance in
615	615	37 the county on a countywide basis.
616	616	38 (c) The following apply to the administration of township
617	617	39 assistance in the county:
618	618	40 (1) A suit or proceeding in favor of or against the county
619	619	41 trustee concerning township assistance shall be conducted in
620	620	42 favor of or against the county in the county's corporate name.
621	621	2025 IN 1233—LS 7512/DI 87 15
622	622	1 (2) The county trustee is subject to the same privileges and
623	623	2 immunities as are accorded to a township trustee under
624	624	3 IC 12-20-3.
625	625	4 (3) The county trustee shall propose uniform standards for
626	626	5 the issuance of township assistance throughout the county and
627	627	6 the processing of applications for township assistance that
628	628	7 meet the requirements of IC 12-20-5.5. The standards shall be
629	629	8 adopted by the county executive and filed with the county
630	630	9 fiscal body.
631	631	10 (4) The county trustee has the same powers in the
632	632	11 administration of township assistance for the county as a
633	633	12 township trustee has in the administration of township
634	634	13 assistance for a township under IC 12-20-4, IC 12-20-5,
635	635	14 IC 12-20-15, IC 12-20-16, IC 12-20-17, IC 12-20-18, and
636	636	15 IC 12-20-19.
637	637	16 (5) The same standards and requirements that:
638	638	17 (A) apply to; or
639	639	18 (B) may be imposed upon;
640	640	19 recipients of and applicants for township assistance under
641	641	20 IC 12-20-6, IC 12-20-7, IC 12-20-8, IC 12-20-9, IC 12-20-10,
642	642	21 IC 12-20-11, IC 12-20-12, and IC 12-20-13 apply to or may be
643	643	22 imposed upon recipients of and applicants for township
644	644	23 assistance administered by the county trustee.
645	645	24 (6) The county trustee may assert a claim against the estate of
646	646	25 an individual who received township assistance from the
647	647	26 county to the same extent as a township trustee may assert a
648	648	27 claim under IC 12-20-27 against the estate of an individual
649	649	28 who received township assistance from a township.
650	650	29 (7) The county trustee is subject to the same reporting
651	651	30 requirements with respect to township assistance
652	652	31 administered on a countywide basis as a township trustee is
653	653	32 subject to under IC 12-20-28 with respect to township
654	654	33 assistance administered on a township basis.
655	655	34 (8) State and local agencies shall provide the county trustee
656	656	35 with the information provided to a township trustee under
657	657	36 IC 12-20-7. The county trustee or an employee of the county
658	658	37 is subject to the criminal penalty set forth in IC 12-20-7-6 for
659	659	38 disclosure of information.
660	660	39 (9) An applicant for township assistance and the county
661	661	40 trustee may appeal a decision regarding township assistance
662	662	41 in the same manner that an appeal is taken under
663	663	42 IC 12-20-15.
664	664	2025 IN 1233—LS 7512/DI 87 16
665	665	1 (10) The department of workforce development, the county
666	666	2 office of the division of family resources, and any other state
667	667	3 or local government agency shall cooperate with and assist the
668	668	4 county trustee in carrying out the county trustee's duties
669	669	5 under this section and other statutes.
670	670	6 (d) Any application for township assistance for which the
671	671	7 township has not entered a final decision regarding the granting or
672	672	8 denial of township assistance by the close of business December 31,
673	673	9 2026, shall be treated as a new application filed with the county as
674	674	10 of that date. The county trustee shall make a decision on the
675	675	11 application in accordance with the uniform standards adopted
676	676	12 under subsection (c)(3).
677	677	13 (e) Any application for township assistance that has been
678	678	14 granted before January 1, 2027, but for which assistance has not
679	679	15 been disbursed by the township, shall be disbursed and
680	680	16 administered by the county trustee in accordance with the
681	681	17 township's grant of township assistance.
682	682	18 (f) The county trustee shall prepare the county's township
683	683	19 assistance budget and submit it to the county fiscal body for
684	684	20 approval.
685	685	21 SECTION 13. IC 12-20-1.5 IS ADDED TO THE INDIANA CODE
686	686	22 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
687	687	23 JULY 1, 2025]:
688	688	24 Chapter 1.5. Township Assistance Plan in Counties Other Than
689	689	25 Marion County
690	690	26 Sec. 1. This chapter applies only to a county not having a
691	691	27 consolidated city.
692	692	28 Sec. 2. The county executive shall prepare a plan for the delivery
693	693	29 of township assistance throughout the county. The plan shall take
694	694	30 effect January 1, 2027.
695	695	31 Sec. 3. (a) In preparing a plan, the county executive shall:
696	696	32 (1) consider whether areas are overserved or underserved in
697	697	33 the delivery of township assistance;
698	698	34 (2) determine whether the county may contract with a service
699	699	35 provider to provide some or all township assistance services
700	700	36 to the county; and
701	701	37 (3) recognize and coordinate with other providers of relief for
702	702	38 indigent persons.
703	703	39 (b) The plan must meet the requirements of this chapter.
704	704	40 Sec. 4. After preparing a plan, the county executive shall review
705	705	41 the plan during at least two (2) public meetings at which the public
706	706	42 and any interested parties are entitled to the opportunity to
707	707	2025 IN 1233—LS 7512/DI 87 17
708	708	1 comment on the plan.
709	709	2 Sec. 5. A plan adopted under this chapter must include the
710	710	3 following:
711	711	4 (1) A plan specifying any necessary requirements in the
712	712	5 transition to the delivery of township assistance throughout
713	713	6 the county.
714	714	7 (2) The county's procedures for application and review of
715	715	8 township assistance requests.
716	716	9 (3) The forms of township assistance.
717	717	10 (4) A description of the supervisors, investigators, assistants,
718	718	11 or other necessary employees that will be employed in
719	719	12 discharging the coordinator's duties concerning the provision
720	720	13 of township assistance, and a recommendation concerning the
721	721	14 compensation of these employees.
722	722	15 (5) A description of the offices that must be maintained in the
723	723	16 county to carry out the coordinator's duties concerning the
724	724	17 provision of township assistance.
725	725	18 (6) A description of the proposed standards for township
726	726	19 assistance.
727	727	20 (7) In the case of any service, program, limitation, power, or
728	728	21 duty that may under this article or IC 12-30-4 be included in
729	729	22 the plan, a description of whether or not that service,
730	730	23 program, limitation, power, or duty is included in the plan.
731	731	24 (8) Any other provisions necessary to address the provision of
732	732	25 township assistance under this article.
733	733	26 Sec. 6. (a) The definitions in IC 5-11-1-16 apply to this section.
734	734	27 (b) A service provider that contracts with a county to provide
735	735	28 some or all township assistance services to the county is an entity
736	736	29 that is subject to examination by the state board of accounts to the
737	737	30 extent required under IC 5-11-1-9. A service provider shall be
738	738	31 responsible for the costs of an examination.
739	739	32 Sec. 7. After a plan is approved by the county executive, the plan
740	740	33 and the transfer of township assistance responsibilities to the
741	741	34 county as provided in the plan take effect January 1, 2027.
742	742	35 Sec. 8. After January 1, 2027, the county trustee may adopt
743	743	36 amendments to the plan.
744	744	37 SECTION 14. IC 12-20-20-1, AS AMENDED BY P.L.134-2016,
745	745	38 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
746	746	39 JULY 1, 2025]: Sec. 1. (a) After December 31, 2026, this subsection
747	747	40 applies only to a county having a consolidated city. If a township
748	748	41 trustee, as administrator of township assistance, grants township
749	749	42 assistance to an indigent individual or to any other person or agency on
750	750	2025 IN 1233—LS 7512/DI 87 18
751	751	1 a township assistance order as provided by law or obligates the
752	752	2 township for an item properly payable from township assistance
753	753	3 money, the claim against the township must be:
754	754	4 (1) itemized and sworn to as provided by law;
755	755	5 (2) accompanied by the original township assistance order, which
756	756	6 must be itemized and signed; and
757	757	7 (3) checked with the records of the township trustee, as
758	758	8 administrator of township assistance, and audited and certified by
759	759	9 the township trustee.
760	760	10 (b) After December 31, 2026, this subsection applies only to a
761	761	11 county having a consolidated city. The township trustee shall pay
762	762	12 claims against the township for township assistance in the same manner
763	763	13 that other claims against the township are paid. The township trustee,
764	764	14 when authorized to pay claims directly to vendors, shall pay a claim
765	765	15 within forty-five (45) days. The township trustee shall pay the claim
766	766	16 from:
767	767	17 (1) any balance standing to the credit of the township against
768	768	18 which the claim is filed; or
769	769	19 (2) from any other available fund from which advancements can
770	770	20 be made to the township for that purpose.
771	771	21 (c) A township assistance claim for prepaid electric service shall be
772	772	22 paid in accordance with IC 12-20-16-3.5.
773	773	23 (d) This subsection applies after December 31, 2026. This
774	774	24 subsection applies only to a county not having a consolidated city.
775	775	25 A county shall pay claims against the county for township
776	776	26 assistance in the same manner that other claims against the county
777	777	27 are paid. Notwithstanding IC 5-11-10, the county auditor may
778	778	28 make payments for claims payable from the county township
779	779	29 assistance fund established by IC 12-20-21-6 in advance of an
780	780	30 allowance by the county executive. Each payment of expenses
781	781	31 under this section must be supported by a fully itemized invoice or
782	782	32 bill and certification by the county auditor. The county executive
783	783	33 shall review and allow the claim at its next regular or special
784	784	34 meeting following the preapproved payment of the expense. The
785	785	35 county trustee when authorized to pay claims directly to vendors,
786	786	36 shall pay a claim within forty-five (45) days.
787	787	37 SECTION 15. IC 12-20-21-6 IS ADDED TO THE INDIANA
788	788	38 CODE AS A NEW SECTION TO READ AS FOLLOWS
789	789	39 [EFFECTIVE JULY 1, 2025]: Sec. 6. (a) This section applies only to
790	790	40 a county not having a consolidated city. On January 1, 2027, a
791	791	41 township assistance fund is established in each county.
792	792	42 (b) The fund shall be raised by a tax levy that:
793	793	2025 IN 1233—LS 7512/DI 87 19
794	794	1 (1) is in addition to all other tax levies authorized; and
795	795	2 (2) subject to IC 6-1.1-18.5-22, shall be levied annually for
796	796	3 property taxes first due and payable in 2027 and thereafter by
797	797	4 the county fiscal body on all taxable property in the county in
798	798	5 the amount necessary to pay the items, awards, claims,
799	799	6 allowances, assistance, and other expenses set forth in the
800	800	7 annual county township assistance budget.
801	801	8 (c) The tax imposed under this section shall be collected as other
802	802	9 state and county ad valorem taxes are collected.
803	803	10 (d) The following shall be paid into the fund:
804	804	11 (1) All receipts from the tax imposed under this section.
805	805	12 (2) Any other money required by law to be placed in the fund.
806	806	13 (e) The fund is available to pay township assistance expenses
807	807	14 and obligations set forth in the annual budget.
808	808	15 (f) Money in the fund at the end of a budget year does not revert
809	809	16 to the county general fund.
810	810	17 (g) The department of local government finance shall, for
811	811	18 property taxes first due and payable after December 31, 2026,
812	812	19 adjust the maximum permissible ad valorem property tax levy of
813	813	20 the county as necessary and proper to account for the transfer of
814	814	21 township assistance budgeting and property tax levies from
815	815	22 townships to counties after December 31, 2026.
816	816	23 SECTION 16. IC 12-20-24-0.5 IS ADDED TO THE INDIANA
817	817	24 CODE AS A NEW SECTION TO READ AS FOLLOWS
818	818	25 [EFFECTIVE JULY 1, 2025]: Sec. 0.5. After December 31, 2026, this
819	819	26 chapter applies only to a county having a consolidated city.
820	820	27 SECTION 17. IC 12-20-24.5 IS ADDED TO THE INDIANA
821	821	28 CODE AS A NEW CHAPTER TO READ AS FOLLOWS
822	822	29 [EFFECTIVE JULY 1, 2025]:
823	823	30 Chapter 24.5. Township Assistance Borrowing for Counties
824	824	31 Other Than Marion County
825	825	32 Sec. 1. This chapter applies only to a county that does not have
826	826	33 a consolidated city. This chapter applies after December 31, 2026.
827	827	34 Sec. 2. (a) In addition to the other methods of township
828	828	35 assistance financing provided by this article, if the county trustee
829	829	36 determines that the county's township assistance fund will be
830	830	37 exhausted before the end of a fiscal year, the county trustee shall
831	831	38 notify the county fiscal body of that determination.
832	832	39 (b) After receiving notice under subsection (a) that the county's
833	833	40 township assistance fund will be exhausted before the end of a
834	834	41 fiscal year, the county fiscal body may appeal to the department of
835	835	42 local government finance for the right to borrow money on a short
836	836	2025 IN 1233—LS 7512/DI 87 20
837	837	1 term basis to fund township assistance services in the county. In
838	838	2 the appeal, the county fiscal body must do the following:
839	839	3 (1) Show that the amount of money contained in the township
840	840	4 assistance fund will not be sufficient to fund services required
841	841	5 to be provided within the county by this article.
842	842	6 (2) Show the amount of money that the county fiscal body
843	843	7 estimates will be needed to fund the deficit.
844	844	8 (3) Indicate a period, not to exceed five (5) years, during
845	845	9 which the county would repay the loan.
846	846	10 Sec. 3. (a) If upon appeal under section 2 of this chapter the
847	847	11 department of local government finance determines that a county
848	848	12 fiscal body should be allowed to borrow money under this chapter,
849	849	13 the department shall order the county trustee to borrow the money
850	850	14 from a financial institution on behalf of the county fiscal body and
851	851	15 to deposit the money borrowed in the county's township assistance
852	852	16 fund.
853	853	17 (b) If upon appeal under section 2 of this chapter, the
854	854	18 department of local government finance determines that a county
855	855	19 fiscal body should not be allowed to borrow money, the county
856	856	20 fiscal body may not borrow money under this chapter for that
857	857	21 year.
858	858	22 Sec. 4. If a loan is approved under this chapter, the department
859	859	23 of local government finance shall determine the period during
860	860	24 which the county shall repay the loan. However, the period may
861	861	25 not exceed five (5) years.
862	862	26 Sec. 5. The department of local government finance may not do
863	863	27 any of the following:
864	864	28 (1) Approve a request to borrow money made under this
865	865	29 chapter unless the county fiscal body determines that the
866	866	30 county's township assistance fund will be exhausted before the
867	867	31 fund can fund all county obligations incurred under this
868	868	32 article.
869	869	33 (2) Recommend or approve a loan that will exceed the
870	870	34 estimated amount of the deficit.
871	871	35 Sec. 6. (a) If a county fiscal body:
872	872	36 (1) appeals before August 1 for permission to borrow money;
873	873	37 (2) receives permission from the department to borrow money
874	874	38 before November 1 of that year; and
875	875	39 (3) borrows money under this chapter;
876	876	40 the county fiscal body shall levy a property tax beginning in the
877	877	41 next succeeding year and continuing for the term of the loan in an
878	878	42 amount each year that will be sufficient to pay the principal and
879	879	2025 IN 1233—LS 7512/DI 87 21
880	880	1 interest due on the loan for the year.
881	881	2 (b) If the county fiscal body:
882	882	3 (1) appeals after August 1 for permission to borrow money;
883	883	4 (2) receives permission from the department of local
884	884	5 government finance to borrow money; and
885	885	6 (3) borrows money in the year of the appeal under this
886	886	7 chapter;
887	887	8 the county fiscal body shall levy a property tax beginning in the
888	888	9 second succeeding year and continuing for the term of the loan in
889	889	10 an amount each year that will be sufficient to pay the principal and
890	890	11 interest due on the loan for the year.
891	891	12 (c) The property taxes levied under this section shall be retained
892	892	13 by the county executive and applied by the county executive to
893	893	14 retire the debt.
894	894	15 Sec. 7. A county fiscal body must make an additional
895	895	16 appropriation before money borrowed under this chapter may be
896	896	17 spent.
897	897	18 SECTION 18. IC 12-20-26-0.5 IS ADDED TO THE INDIANA
898	898	19 CODE AS A NEW SECTION TO READ AS FOLLOWS
899	899	20 [EFFECTIVE JULY 1, 2025]: Sec. 0.5. This chapter does not apply
900	900	21 after December 31, 2026, to a county not having a consolidated
901	901	22 city.
902	902	23 SECTION 19. IC 15-16-7-4, AS ADDED BY P.L.2-2008,
903	903	24 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
904	904	25 JULY 1, 2025]: Sec. 4. (a) The weed control board consists of the
905	905	26 following members to be appointed by the authorizing body:
906	906	27 (1) One (1) member who is:
907	907	28 (A) a township trustee of a township in the county; or
908	908	29 (B) after December 31, 2026, in a county that does not have
909	909	30 a consolidated city, the county trustee, who is responsible
910	910	31 for the destruction of detrimental plants described in this
911	911	32 chapter.
912	912	33 (2) One (1) soil and water conservation district supervisor.
913	913	34 (3) One (1) representative from the agricultural community of the
914	914	35 county.
915	915	36 (4) One (1) representative from the county highway department
916	916	37 or an appointee of the county commissioners.
917	917	38 (5) One (1) cooperative extension service agent from the county
918	918	39 to serve in a nonvoting advisory capacity.
919	919	40 (b) Each board member shall be appointed for a term of four (4)
920	920	41 years. All vacancies in the membership of the board shall be filled for
921	921	42 the unexpired term in the same manner as initial appointments.
922	922	2025 IN 1233—LS 7512/DI 87 22
923	923	1 (c) The board shall elect a chairperson and a secretary. The
924	924	2 members of the board are not entitled to receive any compensation, but
925	925	3 are entitled to any traveling and other expenses that are necessary in the
926	926	4 discharge of the members' duties.
927	927	5 SECTION 20. IC 36-2-2.9-3, AS ADDED BY P.L.139-2024,
928	928	6 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
929	929	7 JULY 1, 2025]: Sec. 3. As used in this chapter, "county officer" means
930	930	8 the following:
931	931	9 (1) Assessor.
932	932	10 (2) Auditor.
933	933	11 (3) Coroner.
934	934	12 (4) Recorder.
935	935	13 (5) Sheriff.
936	936	14 (6) Surveyor.
937	937	15 (7) Treasurer.
938	938	16 (8) Clerk of the circuit court.
939	939	17 (9) County fiscal body.
940	940	18 (10) County trustee.
941	941	19 SECTION 21. IC 36-2-6-4.6 IS ADDED TO THE INDIANA CODE
942	942	20 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
943	943	21 1, 2025]: Sec. 4.6. (a) This section applies only to a county that does
944	944	22 not have a consolidated city.
945	945	23 (b) Notwithstanding IC 5-11-10, after December 31, 2026, the
946	946	24 county auditor may make payments for claims payable from the
947	947	25 county township assistance fund under IC 12-20-21-6 in advance
948	948	26 of allowance by the county executive. Each payment of expenses
949	949	27 under this section must be supported by a fully itemized invoice or
950	950	28 bill and certification by the county auditor. The county executive
951	951	29 shall review and allow the claim at its next regular or special
952	952	30 meeting following the preapproved payment of the expense.
953	953	31 SECTION 22. IC 36-2-15.5 IS ADDED TO THE INDIANA CODE
954	954	32 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
955	955	33 JULY 1, 2025]:
956	956	34 Chapter 15.5. County Trustee
957	957	35 Sec. 1. This chapter applies to all counties.
958	958	36 Sec. 2. (a) A county trustee shall be elected under IC 3-10-2-13
959	959	37 by the voters of each county.
960	960	38 (b) The term of office of a county trustee is four (4) years,
961	961	39 beginning January 1 after election and continuing until a successor
962	962	40 is elected and qualified.
963	963	41 Sec. 3. A county trustee must reside within the county as
964	964	42 provided in Article 6, Section 6 of the Constitution of the State of
965	965	2025 IN 1233—LS 7512/DI 87 23
966	966	1 Indiana. The county trustee forfeits office if the county trustee
967	967	2 ceases to be a resident of the county.
968	968	3 Sec. 4. The county trustee shall do the following:
969	969	4 (1) Administer township assistance countywide under
970	970	5 IC 12-20 and IC 12-30-4.
971	971	6 (2) File an annual personnel report under IC 5-11-13.
972	972	7 (3) Provide insulin to the poor under IC 12-20-16.
973	973	8 (4) Perform other duties prescribed by statute.
974	974	9 Sec. 5. The county trustee may do the following:
975	975	10 (1) Administer oaths when necessary in the discharge of
976	976	11 official duties.
977	977	12 (2) Personally use a county vehicle for the performance of
978	978	13 official duties.
979	979	14 (3) Exercise other powers granted by statute.
980	980	15 SECTION 23. IC 36-2-16-4, AS AMENDED BY P.L.233-2015,
981	981	16 SECTION 337, IS AMENDED TO READ AS FOLLOWS
982	982	17 [EFFECTIVE JULY 1, 2025]: Sec. 4. Each of the following county
983	983	18 officers is entitled to appoint one (1) first or chief deputy, and also may
984	984	19 appoint the number of other full-time or part-time deputies and
985	985	20 employees authorized by the county fiscal body:
986	986	21 (1) The county auditor.
987	987	22 (2) The county treasurer.
988	988	23 (3) The county recorder.
989	989	24 (4) The county sheriff.
990	990	25 (5) The county trustee.
991	991	26 SECTION 24. IC 36-2-17-2, AS AMENDED BY P.L.233-2015,
992	992	27 SECTION 338, IS AMENDED TO READ AS FOLLOWS
993	993	28 [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) The county auditor, county
994	994	29 treasurer, county surveyor, county trustee, and county sheriff shall
995	995	30 keep in their offices all records that they are required to make and shall
996	996	31 deliver them to their successors.
997	997	32 (b) The clerk of the circuit court, county auditor, and county
998	998	33 recorder shall use permanent jet-black, nonfading ink when preparing
999	999	34 official records in longhand. A person who violates this subsection
1000	1000	35 commits a Class C infraction.
1001	1001	36 SECTION 25. IC 36-2-21 IS ADDED TO THE INDIANA CODE
1002	1002	37 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
1003	1003	38 JULY 1, 2025]:
1004	1004	39 Chapter 21. County Fire Protection Duties
1005	1005	40 Sec. 1. This chapter applies only to a county not having a
1006	1006	41 consolidated city.
1007	1007	42 Sec. 2. Beginning January 1, 2027:
1008	1008	2025 IN 1233—LS 7512/DI 87 24
1009	1009	1 (1) the powers and duties of township government and the
1010	1010	2 township trustee related to providing fire protection and
1011	1011	3 emergency services in the unincorporated areas of the county
1012	1012	4 are transferred to the county; and
1013	1013	5 (2) the county is responsible for providing fire protection and
1014	1014	6 emergency services in the unincorporated area of the county.
1015	1015	7 Sec. 3. After December 31, 2026, fire protection and emergency
1016	1016	8 services in a county are governed by and subject to a county fire
1017	1017	9 protection and emergency services plan adopted under
1018	1018	10 IC 36-8-13.6.
1019	1019	11 Sec. 4. In carrying out fire protection and emergency services
1020	1020	12 responsibilities, the county executive shall, as provided in the
1021	1021	13 county's fire protection and emergency services plan adopted
1022	1022	14 under IC 36-8-13.6, provide for fire protection and emergency
1023	1023	15 services in the county through any combination of:
1024	1024	16 (1) operating a county fire department;
1025	1025	17 (2) contracting with or otherwise cooperating with any
1026	1026	18 municipality, county, fire protection district, volunteer fire
1027	1027	19 department, fire protection territory, or other entity; or
1028	1028	20 (3) entering into mutual aid agreements.
1029	1029	21 SECTION 26. IC 36-5-1.1-1 IS AMENDED TO READ AS
1030	1030	22 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. This chapter applies
1031	1031	23 to:
1032	1032	24 (1) towns having a population of less than five hundred (500); one
1033	1033	25 thousand (1,000); and
1034	1034	26 (2) included towns (as defined in IC 36-3-1-7).
1035	1035	27 SECTION 27. IC 36-5-1.1-2 IS AMENDED TO READ AS
1036	1036	28 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) Proceedings to
1037	1037	29 dissolve a town may be:
1038	1038	30 (1) instituted by the filing of a petition:
1039	1039	31 (A) under section 10.5 or 10.6 of this chapter; or
1040	1040	32 (B) by filing: with the executive of the county containing more
1041	1041	33 than fifty percent (50%) in assessed valuation of the land in
1042	1042	34 the town:
1043	1043	35 (1) (i) a resolution adopted by the town legislative body
1044	1044	36 requesting dissolution; or
1045	1045	37 (2) (ii) a petition signed by at least twenty-five percent
1046	1046	38 (25%) of the town's voters registered at the last general
1047	1047	39 election;
1048	1048	40 with the executive of the county containing more than fifty
1049	1049	41 percent (50%) in assessed valuation of the land in the town;
1050	1050	42 or
1051	1051	2025 IN 1233—LS 7512/DI 87 25
1052	1052	1 (2) under section 2.5 of this chapter.
1053	1053	2 (b) On receipt of a petition or resolution for dissolution under
1054	1054	3 subsection (a), the county executive shall mark the petition or
1055	1055	4 resolution with the date of filing.
1056	1056	5 SECTION 28. IC 36-5-1.1-2.5 IS ADDED TO THE INDIANA
1057	1057	6 CODE AS A NEW SECTION TO READ AS FOLLOWS
1058	1058	7 [EFFECTIVE JULY 1, 2025]: Sec. 2.5. (a) This section applies only
1059	1059	8 to a town that:
1060	1060	9 (1) has a population of not more than one thousand (1,000);
1061	1061	10 and
1062	1062	11 (2) is not an included town.
1063	1063	12 (b) Not later than November 1, 2025, and November 1 every
1064	1064	13 four (4) years thereafter, each incorporated town in the county
1065	1065	14 shall file a written report with the county executive of the county
1066	1066	15 in which the town is primarily located. The report shall include the
1067	1067	16 following information:
1068	1068	17 (1) Whether the town:
1069	1069	18 (A) owns or operates a municipally owned utility (as
1070	1070	19 defined in IC 8-1-2-1);
1071	1071	20 (B) provides to town residents, either directly or by
1072	1072	21 contracting with another political subdivision:
1073	1073	22 (i) solid waste management services;
1074	1074	23 (ii) water services;
1075	1075	24 (iii) sewage services;
1076	1076	25 (iv) stormwater collection and disposal services;
1077	1077	26 (v) electric services; or
1078	1078	27 (vi) gas services;
1079	1079	28 (C) provides street and road maintenance, street
1080	1080	29 construction, street lighting;
1081	1081	30 (D) provides police protection; or
1082	1082	31 (E) provides fire protection and emergency services either
1083	1083	32 directly or by contracting with:
1084	1084	33 (i) another political subdivision;
1085	1085	34 (ii) a volunteer fire department;
1086	1086	35 (iii) a fire protection district; or
1087	1087	36 (iv) a fire protection territory.
1088	1088	37 If the town answers "yes" to clause (A), (B), (C), (D), or (E),
1089	1089	38 the town shall provide a detailed explanation.
1090	1090	39 (2) The following financial information and documentation:
1091	1091	40 (A) Cash balances by fund and overall.
1092	1092	41 (B) Fund deficits and surpluses by fund and overall.
1093	1093	42 (C) Operating deficit or surplus.
1094	1094	2025 IN 1233—LS 7512/DI 87 26
1095	1095	1 (D) Outstanding debt and annual debt service obligations.
1096	1096	2 (E) Total and per capita expenditures.
1097	1097	3 (F) Salaries and benefits of town employees and town
1098	1098	4 officials.
1099	1099	5 (G) The costs for delivery of services under subdivision
1100	1100	6 (1)(A) through (1)(E), excluding personnel costs reported
1101	1101	7 under clause (F) of this subdivision.
1102	1102	8 (c) The county executive shall conduct a public hearing as
1103	1103	9 provided in section 3 of this chapter on each written report filed.
1104	1104	10 The county executive shall approve dissolution of the town if the
1105	1105	11 county executive finds that the town:
1106	1106	12 (1) has a population of less than one thousand (1,000) as
1107	1107	13 determined in the last federal decennial census; and
1108	1108	14 (2) the town's operating costs, including salaries, utilities,
1109	1109	15 maintenance of public facilities, insurance, and administrative
1110	1110	16 costs, exceed the town's costs for delivery of services to the
1111	1111	17 town's residents.
1112	1112	18 SECTION 29. IC 36-5-1.1-3 IS AMENDED TO READ AS
1113	1113	19 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. (a) The county
1114	1114	20 executive shall hold a public hearing on a petition or resolution for
1115	1115	21 dissolution filed under section 2 of this chapter not less than sixty (60)
1116	1116	22 nor more than ninety (90) days after the date of the filing of the petition
1117	1117	23 or resolution. The county executive shall publish notice of the hearing
1118	1118	24 in accordance with IC 5-3-1.
1119	1119	25 (b) The county executive shall hold a public hearing on a report
1120	1120	26 filed under section 2.5 of this chapter not less than sixty (60) days
1121	1121	27 nor more than ninety (90) days after the date of the report. The
1122	1122	28 county executive shall publish notice of the hearing in accordance
1123	1123	29 with IC 5-3-1.
1124	1124	30 SECTION 30. IC 36-5-1.1-4 IS AMENDED TO READ AS
1125	1125	31 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4. (a) This section
1126	1126	32 does not apply to a dissolution under section 2.5 of this chapter.
1127	1127	33 (a) (b) The county executive shall forward one (1) copy of the
1128	1128	34 resolution or petition filed under section 2 of this chapter to the plan
1129	1129	35 commission, if any, having jurisdiction.
1130	1130	36 (b) (c) The plan commission shall submit their written
1131	1131	37 recommendations for approval or disapproval of dissolution to the
1132	1132	38 county executive at least ten (10) days before the hearing required by
1133	1133	39 section 3 of this chapter.
1134	1134	40 SECTION 31. IC 36-5-1.1-6 IS AMENDED TO READ AS
1135	1135	41 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 6. The county executive
1136	1136	42 shall, on the date fixed under section 3 of this chapter, hear and
1137	1137	2025 IN 1233—LS 7512/DI 87 27
1138	1138	1 determine the petition, or resolution, or report, and render a decision
1139	1139	2 on the question of dissolution.
1140	1140	3 SECTION 32. IC 36-5-1.1-7 IS AMENDED TO READ AS
1141	1141	4 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 7. (a) This subsection
1142	1142	5 does not apply to dissolution under section 2.5 of this chapter. At
1143	1143	6 the hearing the county executive shall approve dissolution unless the
1144	1144	7 evidence establishes that: any of the following:
1145	1145	8 (1) The petition requesting dissolution has not been signed by at
1146	1146	9 least twenty-five percent (25%) of the voters.
1147	1147	10 (2) There are enough invalid signatures on the petition requesting
1148	1148	11 dissolution to reduce the number of valid signatures to below
1149	1149	12 twenty-five percent (25%) of the voters.
1150	1150	13 (3) At least twenty-five percent (25%) of the town's voters have
1151	1151	14 signed a petition under section 5 of this chapter remonstrating
1152	1152	15 against the dissolution; or
1153	1153	16 (4) The town legislative body has passed a resolution opposing
1154	1154	17 dissolution.
1155	1155	18 SECTION 33. IC 36-5-1.1-8 IS AMENDED TO READ AS
1156	1156	19 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 8. (a) The county
1157	1157	20 executive shall permit the residents of the town to submit evidence
1158	1158	21 challenging the sufficiency or the validity of: either:
1159	1159	22 (1) a petition or resolution for dissolution; or
1160	1160	23 (2) a petition opposed to dissolution.
1161	1161	24 (b) The county executive shall permit the residents of the town
1162	1162	25 to submit evidence challenging the sufficiency or the validity of any
1163	1163	26 matter asserted under section 2.5 of this chapter.
1164	1164	27 SECTION 34. IC 36-5-1.1-10, AS AMENDED BY P.L.104-2022,
1165	1165	28 SECTION 167, IS AMENDED TO READ AS FOLLOWS
1166	1166	29 [EFFECTIVE JULY 1, 2025]: Sec. 10. (a) If the county executive
1167	1167	30 approves dissolution under section 6 of this chapter, the county
1168	1168	31 executive shall adopt:
1169	1169	32 (1) an ordinance; or
1170	1170	33 (2) an order in a county having a consolidated city;
1171	1171	34 dissolving the town.
1172	1172	35 (b) A dissolution takes effect:
1173	1173	36 (1) at least sixty (60) days after the ordinance or order under
1174	1174	37 subsection (a) is adopted; and
1175	1175	38 (2) when the county auditor files a copy of the ordinance or order
1176	1176	39 with:
1177	1177	40 (A) the circuit court clerk of each county in which the town is
1178	1178	41 located; and
1179	1179	42 (B) the office of the secretary of state.
1180	1180	2025 IN 1233—LS 7512/DI 87 28
1181	1181	1 (c) The property owned by the town after payment of debts and
1182	1182	2 liabilities shall be disposed of by the county executive. Any proceeds
1183	1183	3 remaining shall be deposited in the county general fund. Dissolution of
1184	1184	4 a town does not affect the validity of a contract to which the town is a
1185	1185	5 party.
1186	1186	6 (d) (c) After dissolution, the books and records of the town become
1187	1187	7 the property of the county executive for safekeeping. On the
1188	1188	8 dissolution date, the following occurs:
1189	1189	9 (1) The offices of town board member and town clerk are
1190	1190	10 abolished and the term of office of any individual holding
1191	1191	11 these offices ends. However, the abolition of the offices does
1192	1192	12 not invalidate any actions adopted or taken by the town board
1193	1193	13 or town clerk before the dissolution date.
1194	1194	14 (2) All:
1195	1195	15 (1) assets;
1196	1196	16 (2) debts;
1197	1197	17 (3) property rights;
1198	1198	18 (4) equipment;
1199	1199	19 (5) records; and
1200	1200	20 (6) contracts;
1201	1201	21 connected with the operations of the town government in the
1202	1202	22 county related to town government functions are transferred
1203	1203	23 to the county executive.
1204	1204	24 (3) Dissolution of a town does not affect the validity of a
1205	1205	25 contract to which the town is a party.
1206	1206	26 (4) The balance in the town's general fund is transferred to
1207	1207	27 the county. IC 36-1-8-5 does not apply to the balance.
1208	1208	28 (5) The county shall assume, defease, pay, or refund all town
1209	1209	29 indebtedness or lease rental obligations incurred by the town
1210	1210	30 before the dissolution date. The balance in a debt service fund
1211	1211	31 of the town is transferred to the county to be used by the
1212	1212	32 county to pay indebtedness or lease rentals for which the fund
1213	1213	33 was established. Any balance remaining in the fund after all
1214	1214	34 payments for indebtedness or lease rentals required under
1215	1215	35 this section have been made is transferred to the appropriate
1216	1216	36 county fund.
1217	1217	37 (6) The county may levy property taxes to pay town
1218	1218	38 indebtedness or lease rental obligations incurred by a town
1219	1219	39 only in the geographic area of the town that originally issued
1220	1220	40 the debt or entered into the lease rental agreement. The
1221	1221	41 former territory of the town comprises a taxing district for
1222	1222	42 the payment of town indebtedness or lease rental obligations
1223	1223	2025 IN 1233—LS 7512/DI 87 29
1224	1224	1 existing at the time the town is dissolved.
1225	1225	2 (7) Indebtedness or any pension obligations incurred by the
1226	1226	3 town before dissolution:
1227	1227	4 (A) may not be imposed on taxpayers that were not
1228	1228	5 responsible for payment of the indebtedness or pension
1229	1229	6 obligations before the dissolution of the town; and
1230	1230	7 (B) must be paid by the taxpayers that were responsible for
1231	1231	8 payment of the indebtedness before the dissolution of the
1232	1232	9 town.
1233	1233	10 (8) The department of local government finance shall adjust
1234	1234	11 maximum permissible property tax levies and property tax
1235	1235	12 rates of units of local government as necessary to account for
1236	1236	13 the dissolution of a town under this chapter.
1237	1237	14 SECTION 35. IC 36-6-1.5-1, AS ADDED BY P.L.240-2005,
1238	1238	15 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1239	1239	16 JULY 1, 2025]: Sec. 1. (a) This chapter does not apply to a township
1240	1240	17 in a county containing a consolidated city.
1241	1241	18 (b) This chapter expires January 1, 2027.
1242	1242	19 SECTION 36. IC 36-6-1.6-11 IS ADDED TO THE INDIANA
1243	1243	20 CODE AS A NEW SECTION TO READ AS FOLLOWS
1244	1244	21 [EFFECTIVE JULY 1, 2025]: Sec. 11. This chapter expires January
1245	1245	22 1, 2027.
1246	1246	23 SECTION 37. IC 36-6-4-1 IS AMENDED TO READ AS
1247	1247	24 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. This chapter applies
1248	1248	25 to all townships. as follows:
1249	1249	26 (1) Before January 1, 2027, this chapter applies to all
1250	1250	27 townships.
1251	1251	28 (2) After December 31, 2026, this chapter applies only to
1252	1252	29 townships in a county having a consolidated city.
1253	1253	30 SECTION 38. IC 36-6-5-1, AS AMENDED BY P.L.167-2015,
1254	1254	31 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1255	1255	32 JULY 1, 2025]: Sec. 1. (a) Subject to subsection (g), before 2009, a
1256	1256	33 township assessor shall be elected under IC 3-10-2-13 by the voters of
1257	1257	34 each township:
1258	1258	35 (1) having:
1259	1259	36 (A) a population of more than eight thousand (8,000); or
1260	1260	37 (B) an elected township assessor or the authority to elect a
1261	1261	38 township assessor before January 1, 1979; and
1262	1262	39 (2) in which the number of parcels of real property on January 1,
1263	1263	40 2008, is at least fifteen thousand (15,000).
1264	1264	41 (b) Subject to subsection (g), before 2009, a township assessor shall
1265	1265	42 be elected under IC 3-10-2-14 (repealed effective July 1, 2008) in each
1266	1266	2025 IN 1233—LS 7512/DI 87 30
1267	1267	1 township:
1268	1268	2 (1) having a population of more than five thousand (5,000) but
1269	1269	3 not more than eight thousand (8,000), if:
1270	1270	4 (A) the legislative body of the township, by resolution,
1271	1271	5 declares that the office of township assessor is necessary; and
1272	1272	6 (B) the resolution is filed with the county election board not
1273	1273	7 later than the first date that a declaration of candidacy may be
1274	1274	8 filed under IC 3-8-2; and
1275	1275	9 (2) in which the number of parcels of real property on January 1,
1276	1276	10 2008, is at least fifteen thousand (15,000).
1277	1277	11 (c) Subject to subsection (g), a township government that is created
1278	1278	12 by merger under IC 36-6-1.5 shall elect only one (1) township assessor
1279	1279	13 under this section. This subsection expires on January 1, 2027.
1280	1280	14 (d) Subject to subsection (g), after 2008 a township assessor shall
1281	1281	15 be elected under IC 3-10-2-13 only by the voters of each township in
1282	1282	16 which:
1283	1283	17 (1) the number of parcels of real property on January 1, 2008, is
1284	1284	18 at least fifteen thousand (15,000); and
1285	1285	19 (2) the transfer to the county assessor of the assessment duties
1286	1286	20 prescribed by IC 6-1.1 is disapproved in the referendum under
1287	1287	21 IC 36-2-15.
1288	1288	22 (e) The township assessor must reside within the township as
1289	1289	23 provided in Article 6, Section 6 of the Constitution of the State of
1290	1290	24 Indiana. The assessor forfeits office if the assessor ceases to be a
1291	1291	25 resident of the township.
1292	1292	26 (f) The term of office of a township assessor is four (4) years,
1293	1293	27 beginning January 1 after election and continuing until a successor is
1294	1294	28 elected and qualified. However, the term of office of a township
1295	1295	29 assessor elected at a general election in which no other township
1296	1296	30 officer is elected ends on December 31 after the next election in which
1297	1297	31 any other township officer is elected.
1298	1298	32 (g) To be eligible to serve as a township assessor, an individual
1299	1299	33 must meet the following qualifications before taking office:
1300	1300	34 (1) If the individual has never held the office of township
1301	1301	35 assessor, the individual must have attained a level two
1302	1302	36 assessor-appraiser certification under IC 6-1.1-35.5.
1303	1303	37 (2) If the individual has held the office of township assessor, the
1304	1304	38 individual must have attained a level three assessor-appraiser
1305	1305	39 certification under IC 6-1.1-35.5.
1306	1306	40 (h) After June 30, 2008, the county assessor shall perform the
1307	1307	41 assessment duties prescribed by IC 6-1.1 in a township in which the
1308	1308	42 number of parcels of real property on January 1, 2008, is less than
1309	1309	2025 IN 1233—LS 7512/DI 87 31
1310	1310	1 fifteen thousand (15,000).
1311	1311	2 (i) Notwithstanding any other law, on January 1, 2027, in the
1312	1312	3 case of a county that has a township assessor:
1313	1313	4 (1) the powers and duties of the township assessor are
1314	1314	5 transferred to the county assessor;
1315	1315	6 (2) the office of township assessor is eliminated; and
1316	1316	7 (3) the term of any township assessor is terminated.
1317	1317	8 The transfer of powers and duties under this subsection does not
1318	1318	9 affect any assessment, assessment appeal, or other official action
1319	1319	10 of a township assessor relating to property assessment made before
1320	1320	11 the transfer of powers and duties of the township assessor. Any
1321	1321	12 assessment, assessment appeal, or other official action made by a
1322	1322	13 township assessor within the scope of the township assessor's
1323	1323	14 official duties under IC 6-1.1 or this chapter before the transfer of
1324	1324	15 powers and duties to the county assessor is considered to have been
1325	1325	16 made by the county assessor.
1326	1326	17 (j) Each township assessor whose powers and duties are
1327	1327	18 transferred to the county assessor under subsection (i) shall
1328	1328	19 organize the records of the township assessor's office relating to
1329	1329	20 those duties in a manner prescribed by the department of local
1330	1330	21 government finance and transfer the records to the county assessor
1331	1331	22 in the manner and at the time directed by the department of local
1332	1332	23 government finance. The department of local government finance
1333	1333	24 shall determine a procedure and schedule for the transfer of the
1334	1334	25 records. A township assessor whose powers and duties are
1335	1335	26 transferred to the county assessor under subsection (i) and the
1336	1336	27 county assessor to whom the powers and duties are transferred
1337	1337	28 shall assist each other and coordinate their efforts to ensure an
1338	1338	29 orderly transfer of all township assessor records to the county
1339	1339	30 assessor and to provide for an uninterrupted and professional
1340	1340	31 transition of powers and duties from the township assessor to the
1341	1341	32 county assessor consistent with the directions of the department of
1342	1342	33 local government finance.
1343	1343	34 SECTION 39. IC 36-6-6-1 IS AMENDED TO READ AS
1344	1344	35 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. (a) This chapter
1345	1345	36 applies to all townships.
1346	1346	37 (b) After December 31, 2026, this chapter applies only to
1347	1347	38 townships in a county having a consolidated city.
1348	1348	39 SECTION 40. IC 36-6-6-2.1, AS ADDED BY P.L.240-2005,
1349	1349	40 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1350	1350	41 JULY 1, 2025]: Sec. 2.1. (a) This section applies if township
1351	1351	42 governments merge under IC 36-6-1.5.
1352	1352	2025 IN 1233—LS 7512/DI 87 32
1353	1353	1 (b) If two (2) township governments merge, the resulting merged
1354	1354	2 township government shall elect a three (3) member township board.
1355	1355	3 The voters of the resulting merged township government shall elect all
1356	1356	4 the members of the township board. One (1) member must reside
1357	1357	5 within the boundaries of each of the township governments that
1358	1358	6 merged.
1359	1359	7 (c) If at least three (3) township governments merge, the resulting
1360	1360	8 merged township government shall elect a township board that has the
1361	1361	9 same number of members as the number of township governments that
1362	1362	10 merged. The voters of the resulting merged township shall elect all the
1363	1363	11 members of the township board. One (1) township board member must
1364	1364	12 reside within the boundaries of each of the townships that merged.
1365	1365	13 (d) This section expires January 1, 2027.
1366	1366	14 SECTION 41. IC 36-6-6-3, AS AMENDED BY P.L.240-2005,
1367	1367	15 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1368	1368	16 JULY 1, 2025]: Sec. 3. (a) This subsection applies to townships in a
1369	1369	17 county containing a consolidated city. One (1) member of the
1370	1370	18 legislative body must reside within each legislative body district. If a
1371	1371	19 member of the legislative body ceases to be a resident of the district
1372	1372	20 from which the member was elected, the office becomes vacant.
1373	1373	21 (b) This subsection applies to townships not included in subsection
1374	1374	22 (a) or (c). A member of the legislative body must reside within the
1375	1375	23 township as provided in Article 6, Section 6 of the Constitution of the
1376	1376	24 State of Indiana. If a member of the legislative body ceases to be a
1377	1377	25 resident of the township, the office becomes vacant.
1378	1378	26 (c) This subsection applies to a township government that:
1379	1379	27 (1) is created by a merger of township governments under
1380	1380	28 IC 36-6-1.5; and
1381	1381	29 (2) elects a township board under section 2.1 of this chapter.
1382	1382	30 One (1) member of the legislative body must reside within the
1383	1383	31 boundaries of each of the former townships that merged. If a member
1384	1384	32 of the legislative body ceases to be a resident of that former township,
1385	1385	33 the office becomes vacant. This subsection expires January 1, 2027.
1386	1386	34 SECTION 42. IC 36-6-6-4, AS AMENDED BY P.L.159-2021,
1387	1387	35 SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1388	1388	36 JULY 1, 2025]: Sec. 4. (a) Except as provided in subsections (b) and
1389	1389	37 (c), two (2) members of the legislative body constitute a quorum.
1390	1390	38 (b) Before January 1, 2017, four (4) members of the legislative body
1391	1391	39 in a county containing a consolidated city constitute a quorum. After
1392	1392	40 December 31, 2016, three (3) members of the legislative body in a
1393	1393	41 county having a consolidated city constitute a quorum.
1394	1394	42 (c) This subsection applies to a township government that:
1395	1395	2025 IN 1233—LS 7512/DI 87 33
1396	1396	1 (1) is created by a merger of township governments under
1397	1397	2 IC 36-6-1.5; and
1398	1398	3 (2) elects the township legislative body under section 2.1 of this
1399	1399	4 chapter.
1400	1400	5 A majority of the members of the township legislative body constitute
1401	1401	6 a quorum. If a township legislative body has an even number of
1402	1402	7 members, the township executive shall serve by virtue of office as a
1403	1403	8 member of the township legislative body for the purpose of casting the
1404	1404	9 deciding vote to break a tie. This subsection expires January 1, 2027.
1405	1405	10 (d) For townships not described in subsection (c), the township
1406	1406	11 executive shall serve by virtue of office as a member of the township
1407	1407	12 legislative body for the purpose of casting the deciding vote to break a
1408	1408	13 tie. However, the township executive may not vote to break a tie on the
1409	1409	14 adoption of an ordinance to increase the township executive's
1410	1410	15 compensation (as defined in section 10 of this chapter). This
1411	1411	16 subsection expires January 1, 2027.
1412	1412	17 SECTION 43. IC 36-6.1 IS ADDED TO THE INDIANA CODE AS
1413	1413	18 A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
1414	1414	19 2025]:
1415	1415	20 ARTICLE 6.1. DISSOLUTION OF TOWNSHIP
1416	1416	21 GOVERNMENT
1417	1417	22 Chapter 1. Applicability
1418	1418	23 Sec. 1. This article does not apply to a county having a
1419	1419	24 consolidated city.
1420	1420	25 Chapter 2. Definitions
1421	1421	26 Sec. 1. The definitions in this chapter apply throughout this
1422	1422	27 article.
1423	1423	28 Sec. 2. "Township office" refers to any of the following:
1424	1424	29 (1) The office of township trustee elected as provided in
1425	1425	30 IC 36-6-4-2.
1426	1426	31 (2) The office of township assessor elected as provided in
1427	1427	32 IC 36-6-5-1 (if the office exists).
1428	1428	33 (3) The office of a member of the township board elected as
1429	1429	34 provided in IC 36-6-6-2.
1430	1430	35 Chapter 3. Township Offices and Office Holders
1431	1431	36 Sec. 1. This chapter does not apply to the following:
1432	1432	37 (1) A county having a consolidated city.
1433	1433	38 (2) A county or other political subdivision that reorganizes
1434	1434	39 with a township under IC 36-1.5.
1435	1435	40 Sec. 2. Except as provided in section 5 of this chapter, after
1436	1436	41 December 31, 2026, each township office is abolished. Unless
1437	1437	42 otherwise expressly provided, the powers, functions, and duties of
1438	1438	2025 IN 1233—LS 7512/DI 87 34
1439	1439	1 the township offices are transferred as follows:
1440	1440	2 (1) The township trustee's powers, functions, and duties with
1441	1441	3 regard to fire protection and emergency services under
1442	1442	4 IC 36-8, are transferred to the county executive. All other
1443	1443	5 powers, functions, and duties of the township trustee,
1444	1444	6 including township assistance, are transferred to the county
1445	1445	7 trustee.
1446	1446	8 (2) The township board's powers, functions, and duties are
1447	1447	9 transferred to the county fiscal body.
1448	1448	10 (3) The township assessor's powers, functions, and duties are
1449	1449	11 transferred to the county assessor.
1450	1450	12 Sec. 3. The term of office of an individual who holds a township
1451	1451	13 office ends on December 31, 2026.
1452	1452	14 Sec. 4. An election for a township office shall not be held in
1453	1453	15 2026.
1454	1454	16 Sec. 5. (a) Except as provided in subsection (c), until the term of
1455	1455	17 office of an individual who holds a township office ends on
1456	1456	18 December 31, 2026, the individual shall assist in the transition from
1457	1457	19 township government as provided in this article.
1458	1458	20 (b) Until the term of office of an individual who holds a
1459	1459	21 township office ends on December 31, 2026, an individual who
1460	1460	22 assists in the transition from township government under this
1461	1461	23 section is entitled to the same compensation the individual would
1462	1462	24 have received as if the township office the individual holds would
1463	1463	25 not be abolished on the dissolution date.
1464	1464	26 (c) If a township office becomes vacant before January 1, 2027,
1465	1465	27 the vacancy may not be filled, notwithstanding IC 3-13.
1466	1466	28 (d) If a township office becomes vacant before January 1, 2027,
1467	1467	29 the following apply:
1468	1468	30 (1) If the township office is the office of township trustee, the
1469	1469	31 office of township trustee is abolished in the township and the
1470	1470	32 powers, functions, and duties of the township trustee are
1471	1471	33 transferred to the county executive on the date the vacancy
1472	1472	34 occurs. However, the powers, functions, and duties of the
1473	1473	35 township trustee regarding township assistance are
1474	1474	36 transferred to the county trustee upon the county trustee
1475	1475	37 assuming office.
1476	1476	38 (2) If the township office is the office of a member of a
1477	1477	39 township board, the following apply:
1478	1478	40 (A) If the township board continues to have a quorum, the
1479	1479	41 township board continues.
1480	1480	42 (B) If the vacancy causes the township board to lose a
1481	1481	2025 IN 1233—LS 7512/DI 87 35
1482	1482	1 quorum, the following apply on the date the township
1483	1483	2 board loses its quorum:
1484	1484	3 (i) The township board in the township is abolished.
1485	1485	4 (ii) The term of office of the remaining members of the
1486	1486	5 township board end on the date the township board loses
1487	1487	6 its quorum.
1488	1488	7 (iii) The county fiscal body assumes the powers,
1489	1489	8 functions, and duties of the township board in that
1490	1490	9 township.
1491	1491	10 (3) If the township office is the office of township assessor, the
1492	1492	11 office of township assessor is abolished in the township and
1493	1493	12 the county assessor assumes the powers, functions, and duties
1494	1494	13 of the township assessor on the date the vacancy occurs.
1495	1495	14 Sec. 6. (a) The abolition of a township office under this article
1496	1496	15 does not invalidate:
1497	1497	16 (1) any resolutions, fees, schedules, or other actions adopted
1498	1498	17 or taken by the township trustee or township assessor before
1499	1499	18 the dissolution date; or
1500	1500	19 (2) any appointments made by the township trustee or
1501	1501	20 township assessor before the dissolution date.
1502	1502	21 (b) In a county in which a township office is abolished under this
1503	1503	22 chapter, after December 31, 2026, any reference:
1504	1504	23 (1) in the Indiana Code;
1505	1505	24 (2) in the Indiana Administrative Code; or
1506	1506	25 (3) in any resolution;
1507	1507	26 to the township trustee and township board is considered a
1508	1508	27 reference to the county trustee and county fiscal body respectively,
1509	1509	28 and any reference to the township assessor is considered a
1510	1510	29 reference to the county assessor.
1511	1511	30 Chapter 4. Disposition of Township Property, Funds, and
1512	1512	31 Liabilities
1513	1513	32 Sec. 1. (a) On January 1, 2027, all:
1514	1514	33 (1) assets;
1515	1515	34 (2) debts;
1516	1516	35 (3) property rights;
1517	1517	36 (4) equipment;
1518	1518	37 (5) records;
1519	1519	38 (6) personnel; and
1520	1520	39 (7) contracts;
1521	1521	40 connected with the operations of a township government in the
1522	1522	41 county related to township government functions are transferred
1523	1523	42 to the county executive.
1524	1524	2025 IN 1233—LS 7512/DI 87 36
1525	1525	1 (b) Notwithstanding subsection (a)(6), the county executive shall
1526	1526	2 determine which transferring township employees who were
1527	1527	3 employed by the township on December 31, 2026, to perform
1528	1528	4 township functions that were transferred to the county under this
1529	1529	5 article, become county employees responsible for performing
1530	1530	6 township functions that were transferred to the county under this
1531	1531	7 article on January 1, 2027.
1532	1532	8 Sec. 2. (a) Except as provided in subsection (b), on January 1,
1533	1533	9 2027, the balance in a debt service fund related to fire protection
1534	1534	10 of a township located in the county:
1535	1535	11 (1) is transferred to the county in which the township is
1536	1536	12 located; and
1537	1537	13 (2) shall be used by the county to pay indebtedness or lease
1538	1538	14 rentals for which the fund was established.
1539	1539	15 Any balance remaining in the fund after all payments for
1540	1540	16 indebtedness or lease rentals required under this section have been
1541	1541	17 made is transferred to the appropriate county fund for fire
1542	1542	18 protection within the county.
1543	1543	19 (b) On January 1, 2027, the balance in a debt service fund
1544	1544	20 related to fire protection of a township that is wholly contained
1545	1545	21 within a fire protection district as of December 31, 2026:
1546	1546	22 (1) is transferred to the county in which the township is
1547	1547	23 wholly contained; and
1548	1548	24 (2) shall be used by the county to pay indebtedness or lease
1549	1549	25 rentals for which the fund was established.
1550	1550	26 Any balance remaining in the fund after all payments for
1551	1551	27 indebtedness or lease rentals required under this section have been
1552	1552	28 made is transferred to the appropriate county fund for fire
1553	1553	29 protection within the county.
1554	1554	30 (c) On January 1, 2027, the balance in a debt service fund
1555	1555	31 related to township functions other than those specified under
1556	1556	32 subsection (a) or (b):
1557	1557	33 (1) is transferred to the county in which the township is
1558	1558	34 located; and
1559	1559	35 (2) shall be used by the county to pay indebtedness or lease
1560	1560	36 rentals for which the fund was established.
1561	1561	37 Any balance remaining in the fund after all payments for
1562	1562	38 indebtedness or lease rentals required under this section have been
1563	1563	39 made is transferred to the county general fund.
1564	1564	40 Sec. 3. (a) On January 1, 2027, the balance in the general fund
1565	1565	41 of a township is transferred to the county.
1566	1566	42 (b) IC 36-1-8-5 does not apply to a balance referred to in
1567	1567	2025 IN 1233—LS 7512/DI 87 37
1568	1568	1 subsection (a).
1569	1569	2 Sec. 4. (a) On January 1, 2027, the balance in the township
1570	1570	3 assistance fund of a township:
1571	1571	4 (1) is transferred to the county trustee; and
1572	1572	5 (2) shall be deposited in the township assistance fund of the
1573	1573	6 county established by IC 12-20-21-6.
1574	1574	7 (b) IC 36-1-8-5 does not apply to a balance referred to in this
1575	1575	8 section.
1576	1576	9 Sec. 5. Indebtedness that was incurred by a township before
1577	1577	10 January 1, 2027:
1578	1578	11 (1) may not be imposed on taxpayers that were not
1579	1579	12 responsible for payment of the indebtedness before the
1580	1580	13 dissolution of the township government; and
1581	1581	14 (2) must be paid by the taxpayers that were responsible for
1582	1582	15 payment of the indebtedness before the dissolution of the
1583	1583	16 township government.
1584	1584	17 Sec. 6. The department of local government finance shall adjust
1585	1585	18 maximum permissible property tax levies and property tax rates
1586	1586	19 of units of local government as necessary to account for transfers
1587	1587	20 of duties, powers, and obligations under this chapter.
1588	1588	21 Sec. 7. (a) After December 31, 2026, fire protection and
1589	1589	22 emergency services of a county are governed by and subject to a
1590	1590	23 county fire protection and emergency services plan adopted under
1591	1591	24 IC 36-8-13.6.
1592	1592	25 (b) If, as of December 31, 2026, a township has a local board for
1593	1593	26 the 1937 firefighters' pension fund or the 1977 police officers' and
1594	1594	27 firefighters' pension and disability fund, the local board is
1595	1595	28 dissolved on January 1, 2027, and the powers, duties, and
1596	1596	29 responsibilities of the local board under IC 36-8-7 or IC 36-8-8,
1597	1597	30 respectively, are assumed by the county's local board for the 1937
1598	1598	31 firefighters' pension fund and local board for the 1977 police
1599	1599	32 officers' and firefighters' pension and disability fund, respectively.
1600	1600	33 Notwithstanding any other provision, the legislative body of the
1601	1601	34 county may adopt an ordinance to adjust the membership of the
1602	1602	35 county's local board to reflect the dissolution of the township's
1603	1603	36 local board.
1604	1604	37 (c) As necessary, a county shall levy taxes (within the county's
1605	1605	38 maximum permissible ad valorem property tax levy limit) as
1606	1606	39 necessary to provide for the payment of pension benefits:
1607	1607	40 (1) to members of the 1937 firefighters' pension fund; and
1608	1608	41 (2) for which, before the transfer of fire protection
1609	1609	42 responsibilities to counties under IC 36-2-21 and IC 36-8-13.7
1610	1610	2025 IN 1233—LS 7512/DI 87 38
1611	1611	1 (effective January 1, 2027), the local board of a township in
1612	1612	2 the county was responsible.
1613	1613	3 Sec. 8. (a) Effective January 1, 2027, the county shall assume,
1614	1614	4 defease, pay, or refund all township indebtedness or lease rental
1615	1615	5 obligations related to a power or duty transferred to the county.
1616	1616	6 The county may levy property taxes to pay township indebtedness
1617	1617	7 or lease rental obligations incurred by a township only in the
1618	1618	8 geographic area of the township that originally issued the debt or
1619	1619	9 entered into the lease rental agreement. The former territory of the
1620	1620	10 township comprises a taxing district for the payment of township
1621	1621	11 indebtedness or lease rental obligations existing at the time of the
1622	1622	12 abolition or alteration.
1623	1623	13 (b) Notwithstanding any other law, to assume, defease, pay, or
1624	1624	14 refund all or a part of the indebtedness or lease rental obligations
1625	1625	15 described in subsection (a), the county is not required to comply
1626	1626	16 with any other statutory procedures or approvals that apply when
1627	1627	17 a unit incurs indebtedness or lease rental obligations.
1628	1628	18 (c) The rights of a trustee, bondholder, or leaseholder with
1629	1629	19 respect to any:
1630	1630	20 (1) indebtedness or lease rental obligations described in
1631	1631	21 subsection (a); or
1632	1632	22 (2) bond resolution, trust agreement or indenture, security
1633	1633	23 agreement, purchase agreement, or other undertaking with
1634	1634	24 respect to indebtedness described in subsection (a);
1635	1635	25 remain the same, although the powers, duties, agreements, and
1636	1636	26 liabilities of the townships have been transferred to the county, and
1637	1637	27 the county shall be considered to have assumed all those powers,
1638	1638	28 duties, agreements, and liabilities.
1639	1639	29 Chapter 5. Transitional Measures
1640	1640	30 Sec. 1. Subject to section 2 of this chapter, the county executive
1641	1641	31 and the county fiscal body may adopt appropriate measures,
1642	1642	32 including ordinances and resolutions, necessary to accomplish a
1643	1643	33 transition in the county from township government to assumption
1644	1644	34 of the powers, functions, and duties of township government by
1645	1645	35 county government.
1646	1646	36 Sec. 2. A measure adopted under section 1 of this chapter may
1647	1647	37 not be inconsistent with any law.
1648	1648	38 SECTION 44. IC 36-8-3-1 IS AMENDED TO READ AS
1649	1649	39 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. This chapter applies
1650	1650	40 to:
1651	1651	41 (1) second and third class cities; and
1652	1652	42 (2) after December 31, 2026, counties not having a
1653	1653	2025 IN 1233—LS 7512/DI 87 39
1654	1654	1 consolidated city (for purposes of the county fire department).
1655	1655	2 It also applies to other units, where specifically indicated.
1656	1656	3 SECTION 45. IC 36-8-3-1.5 IS ADDED TO THE INDIANA CODE
1657	1657	4 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1658	1658	5 1, 2025]: Sec. 1.5. (a) This section does not apply to a county having
1659	1659	6 a consolidated city. This section applies after December 31, 2026.
1660	1660	7 (b) If a county establishes a county fire department, the county
1661	1661	8 legislative body may by ordinance establish a safety board for
1662	1662	9 purposes of the county fire department, with the members to be
1663	1663	10 appointed by the county executive.
1664	1664	11 (c) A safety board described in this section has the same powers
1665	1665	12 and duties under this chapter for purposes of the county fire
1666	1666	13 department as a municipal safety board has under this chapter for
1667	1667	14 purposes of a municipal fire department.
1668	1668	15 SECTION 46. IC 36-8-3.5-1.5 IS ADDED TO THE INDIANA
1669	1669	16 CODE AS A NEW SECTION TO READ AS FOLLOWS
1670	1670	17 [EFFECTIVE JULY 1, 2025]: Sec. 1.5. (a) This section does not
1671	1671	18 apply to a county having a consolidated city.
1672	1672	19 (b) After December 31, 2026, the county may establish a merit
1673	1673	20 system under this chapter for the county fire department.
1674	1674	21 SECTION 47. IC 36-8-7-1, AS AMENDED BY P.L.227-2005,
1675	1675	22 SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1676	1676	23 JULY 1, 2025]: Sec. 1. (a) This chapter applies to pension benefits for
1677	1677	24 members of fire departments hired before May 1, 1977, in units for
1678	1678	25 which a 1937 fund was established before May 1, 1977.
1679	1679	26 (b) A firefighter with twenty (20) years of service is covered by this
1680	1680	27 chapter and not by IC 36-8-8 if the firefighter:
1681	1681	28 (1) was hired before May 1, 1977;
1682	1682	29 (2) did not convert under IC 19-1-36.5-7 (repealed September 1,
1683	1683	30 1981); and
1684	1684	31 (3) is rehired after April 30, 1977, by the same employer.
1685	1685	32 (c) A firefighter is covered by this chapter and not by IC 36-8-8 if
1686	1686	33 the firefighter:
1687	1687	34 (1) was hired before May 1, 1977;
1688	1688	35 (2) did not convert under IC 19-1-36.5-7 (repealed September 1,
1689	1689	36 1981);
1690	1690	37 (3) was rehired after April 30, 1977, but before February 1, 1979;
1691	1691	38 and
1692	1692	39 (4) was made, before February 1, 1979, a member of a 1937 fund.
1693	1693	40 (d) A firefighter who:
1694	1694	41 (1) is covered by this chapter before a consolidation under
1695	1695	42 IC 36-3-1-6.1; and
1696	1696	2025 IN 1233—LS 7512/DI 87 40
1697	1697	1 (2) becomes a member of a fire department of a consolidated city
1698	1698	2 under IC 36-3-1-6.1;
1699	1699	3 is covered by this chapter after the effective date of the consolidation,
1700	1700	4 and the firefighter's service as a member of a fire department of a
1701	1701	5 consolidated city is considered active service under this chapter.
1702	1702	6 (e) A firefighter who:
1703	1703	7 (1) as of December 31, 2026, is a member of the 1937 fund as
1704	1704	8 a firefighter with a township fire department, fire protection
1705	1705	9 territory, or fire protection district within a county; and
1706	1706	10 (2) after the transfer of fire protection responsibilities to
1707	1707	11 counties under IC 36-2-21 and IC 36-8-13.7 (effective January
1708	1708	12 1, 2027) becomes a member of the county fire department;
1709	1709	13 is covered by this chapter after the firefighter becomes a member
1710	1710	14 of the county fire department, and the firefighter's service as a
1711	1711	15 member of a township fire department, fire protection territory, or
1712	1712	16 fire protection district that was covered under this chapter before
1713	1713	17 January 1, 2027, is considered active service under this chapter.
1714	1714	18 SECTION 48. IC 36-8-8-1, AS AMENDED BY P.L.135-2024,
1715	1715	19 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1716	1716	20 JULY 1, 2025]: Sec. 1. This chapter applies to:
1717	1717	21 (1) full-time police officers hired or rehired after April 30, 1977,
1718	1718	22 in all municipalities, or who converted their benefits under
1719	1719	23 IC 19-1-17.8-7 (repealed September 1, 1981);
1720	1720	24 (2) full-time fully paid firefighters hired or rehired after April 30,
1721	1721	25 1977, or who converted their benefits under IC 19-1-36.5-7
1722	1722	26 (repealed September 1, 1981);
1723	1723	27 (3) a police matron hired or rehired after April 30, 1977, and
1724	1724	28 before July 1, 1996, who is a member of a police department in a
1725	1725	29 second or third class city on March 31, 1996;
1726	1726	30 (4) a park ranger who:
1727	1727	31 (A) completed at least the number of weeks of training at the
1728	1728	32 Indiana law enforcement academy or a comparable law
1729	1729	33 enforcement academy in another state that were required at the
1730	1730	34 time the park ranger attended the Indiana law enforcement
1731	1731	35 academy or the law enforcement academy in another state;
1732	1732	36 (B) graduated from the Indiana law enforcement academy or
1733	1733	37 a comparable law enforcement academy in another state; and
1734	1734	38 (C) is employed by the parks department of a city having a
1735	1735	39 population of more than one hundred ten thousand (110,000)
1736	1736	40 and less than one hundred fifty thousand (150,000);
1737	1737	41 (5) a full-time fully paid firefighter who is covered by this chapter
1738	1738	42 before the effective date of consolidation and becomes a member
1739	1739	2025 IN 1233—LS 7512/DI 87 41
1740	1740	1 of the fire department of a consolidated city under IC 36-3-1-6.1,
1741	1741	2 provided that the firefighter's service as a member of the fire
1742	1742	3 department of a consolidated city is considered active service
1743	1743	4 under this chapter;
1744	1744	5 (6) except as otherwise provided, a full-time fully paid firefighter
1745	1745	6 who is hired or rehired after the effective date of the consolidation
1746	1746	7 by a consolidated fire department established under
1747	1747	8 IC 36-3-1-6.1;
1748	1748	9 (7) a full-time police officer who is covered by this chapter before
1749	1749	10 the effective date of consolidation and becomes a member of the
1750	1750	11 consolidated law enforcement department as part of the
1751	1751	12 consolidation under IC 36-3-1-5.1, provided that the officer's
1752	1752	13 service as a member of the consolidated law enforcement
1753	1753	14 department is considered active service under this chapter;
1754	1754	15 (8) except as otherwise provided, a full-time police officer who is
1755	1755	16 hired or rehired after the effective date of the consolidation by a
1756	1756	17 consolidated law enforcement department established under
1757	1757	18 IC 36-3-1-5.1;
1758	1758	19 (9) a veteran described in IC 36-8-4.7;
1759	1759	20 (10) a full-time police officer or full-time fully paid firefighter
1760	1760	21 who is employed by an airport authority; and
1761	1761	22 (11) a full-time school resource officer; and
1762	1762	23 (12) a full-time fully paid firefighter who:
1763	1763	24 (A) as of December 31, 2026, is a member of the 1977 fund
1764	1764	25 as a firefighter with a township fire department, fire
1765	1765	26 protection territory, or fire protection district within a
1766	1766	27 county; and
1767	1767	28 (B) after the transfer of fire protection responsibilities to
1768	1768	29 counties under IC 36-2-21 and IC 36-8-13.7 (effective
1769	1769	30 January 1, 2027) becomes a member of the county fire
1770	1770	31 department;
1771	1771	32 except as provided by section 7 of this chapter.
1772	1772	33 SECTION 49. IC 36-8-8-2.1, AS AMENDED BY P.L.135-2024,
1773	1773	34 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1774	1774	35 JULY 1, 2025]: Sec. 2.1. (a) As used in this chapter, "local board"
1775	1775	36 means the following:
1776	1776	37 (1) For a unit that established a 1925 fund for its police officers,
1777	1777	38 the local board described in IC 36-8-6-2.
1778	1778	39 (2) Except as provided in subdivision (3), for a unit that
1779	1779	40 established a 1937 fund for its firefighters, the local board
1780	1780	41 described in IC 36-8-7-3.
1781	1781	42 (3) This subdivision does not apply to a township in a county
1782	1782	2025 IN 1233—LS 7512/DI 87 42
1783	1783	1 having a consolidated city. For a township that established a
1784	1784	2 1937 fund for its firefighters, "local board", after December
1785	1785	3 31, 2026, means the local board of the county.
1786	1786	4 (3) (4) For a consolidated city that established a 1953 fund for its
1787	1787	5 police officers, the local board described in IC 36-8-7.5-2.
1788	1788	6 (4) (5) For a unit, other than a consolidated city, that did not
1789	1789	7 establish a 1925 fund for its police officers or a 1937 fund for its
1790	1790	8 firefighters, the local board described in subsection (b) or (c).
1791	1791	9 (5) (6) For an airport authority, the board of an airport authority.
1792	1792	10 (6) (7) For a school resource officer, the local board described in
1793	1793	11 subdivisions (1) through (4) (5) that manages the fund established
1794	1794	12 in the unit or the consolidated city in which the:
1795	1795	13 (A) territory of the school corporation; or
1796	1796	14 (B) charter school;
1797	1797	15 is located. However, if more than one (1) local board is applicable
1798	1798	16 under this subdivision, the governing body of the school
1799	1799	17 corporation or the equivalent authority for the charter school that
1800	1800	18 employs or contracts to employ the school resource officer may
1801	1801	19 choose the applicable local board with respect to the school
1802	1802	20 resource officer.
1803	1803	21 (b) If a unit did not establish a 1925 fund for its police officers, a
1804	1804	22 local board shall be composed in the same manner described in
1805	1805	23 IC 36-8-6-2(b). However, if there is not a retired member of the
1806	1806	24 department, no one shall be appointed to that position until such time
1807	1807	25 as there is a retired member.
1808	1808	26 (c) If a unit did not establish a 1937 fund for its firefighters, a local
1809	1809	27 board shall be composed in the same manner described in
1810	1810	28 IC 36-8-7-3(b). However, if there is not a retired member of the
1811	1811	29 department, no one shall be appointed to that position until such time
1812	1812	30 as there is a retired member.
1813	1813	31 SECTION 50. IC 36-8-8-7, AS AMENDED BY P.L.102-2023,
1814	1814	32 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1815	1815	33 JULY 1, 2025]: Sec. 7. (a) Subject to IC 36-8-4.7 and except as
1816	1816	34 provided in subsections (d), (e), (f), (g), (h), (k), (l), and (m), (n), a
1817	1817	35 police officer or a firefighter who:
1818	1818	36 (1) is less than forty (40) years of age; and
1819	1819	37 (2) passes the baseline statewide physical and mental
1820	1820	38 examinations required under section 19 of this chapter;
1821	1821	39 shall be a member of the 1977 fund and is not a member of the 1925
1822	1822	40 fund, the 1937 fund, or the 1953 fund.
1823	1823	41 (b) A police officer or firefighter with service before May 1, 1977,
1824	1824	42 who is hired or rehired after April 30, 1977, may receive credit under
1825	1825	2025 IN 1233—LS 7512/DI 87 43
1826	1826	1 this chapter for service as a police officer or firefighter prior to entry
1827	1827	2 into the 1977 fund if the employer who rehires the police officer or
1828	1828	3 firefighter chooses to contribute to the 1977 fund the amount necessary
1829	1829	4 to amortize the police officer's or firefighter's prior service liability over
1830	1830	5 a period of not more than thirty (30) years, the amount and the period
1831	1831	6 to be determined by the system board. If the employer chooses to make
1832	1832	7 the contributions, the police officer or firefighter is entitled to receive
1833	1833	8 credit for the police officer's or firefighter's prior years of service
1834	1834	9 without making contributions to the 1977 fund for that prior service. In
1835	1835	10 no event may a police officer or firefighter receive credit for prior years
1836	1836	11 of service if the police officer or firefighter is receiving a benefit or is
1837	1837	12 entitled to receive a benefit in the future from any other public pension
1838	1838	13 plan with respect to the prior years of service.
1839	1839	14 (c) Except as provided in section 18 of this chapter, a police officer
1840	1840	15 or firefighter is entitled to credit for all years of service after April 30,
1841	1841	16 1977, with the police or fire department of an employer covered by this
1842	1842	17 chapter.
1843	1843	18 (d) A police officer or firefighter with twenty (20) years of service
1844	1844	19 does not become a member of the 1977 fund and is not covered by this
1845	1845	20 chapter, if the police officer or firefighter:
1846	1846	21 (1) was hired before May 1, 1977;
1847	1847	22 (2) did not convert under IC 19-1-17.8-7 or IC 19-1-36.5-7 (both
1848	1848	23 of which were repealed September 1, 1981); and
1849	1849	24 (3) is rehired after April 30, 1977, by the same employer.
1850	1850	25 (e) A police officer or firefighter does not become a member of the
1851	1851	26 1977 fund and is not covered by this chapter if the police officer or
1852	1852	27 firefighter:
1853	1853	28 (1) was hired before May 1, 1977;
1854	1854	29 (2) did not convert under IC 19-1-17.8-7 or IC 19-1-36.5-7 (both
1855	1855	30 of which were repealed September 1, 1981);
1856	1856	31 (3) was rehired after April 30, 1977, but before February 1, 1979;
1857	1857	32 and
1858	1858	33 (4) was made, before February 1, 1979, a member of a 1925,
1859	1859	34 1937, or 1953 fund.
1860	1860	35 (f) A police officer or firefighter does not become a member of the
1861	1861	36 1977 fund and is not covered by this chapter if the police officer or
1862	1862	37 firefighter:
1863	1863	38 (1) was hired by the police or fire department of a unit before May
1864	1864	39 1, 1977;
1865	1865	40 (2) did not convert under IC 19-1-17.8-7 or IC 19-1-36.5-7 (both
1866	1866	41 of which were repealed September 1, 1981);
1867	1867	42 (3) is rehired by the police or fire department of another unit after
1868	1868	2025 IN 1233—LS 7512/DI 87 44
1869	1869	1 December 31, 1981; and
1870	1870	2 (4) is made, by the fiscal body of the other unit after December
1871	1871	3 31, 1981, a member of a 1925, 1937, or 1953 fund of the other
1872	1872	4 unit.
1873	1873	5 If the police officer or firefighter is made a member of a 1925, 1937, or
1874	1874	6 1953 fund, the police officer or firefighter is entitled to receive credit
1875	1875	7 for all the police officer's or firefighter's years of service, including
1876	1876	8 years before January 1, 1982.
1877	1877	9 (g) As used in this subsection, "emergency medical services" and
1878	1878	10 "emergency medical technician" have the meanings set forth in
1879	1879	11 IC 16-18-2-110 and IC 16-18-2-112. A firefighter who:
1880	1880	12 (1) is employed by a unit that is participating in the 1977 fund;
1881	1881	13 (2) was employed as an emergency medical technician by a
1882	1882	14 political subdivision wholly or partially within the department's
1883	1883	15 jurisdiction;
1884	1884	16 (3) was a member of the public employees' retirement fund during
1885	1885	17 the employment described in subdivision (2); and
1886	1886	18 (4) ceased employment with the political subdivision and was
1887	1887	19 hired by the unit's fire department due to the reorganization of
1888	1888	20 emergency medical services within the department's jurisdiction;
1889	1889	21 shall participate in the 1977 fund. A firefighter who participates in the
1890	1890	22 1977 fund under this subsection is subject to sections 18 and 21 of this
1891	1891	23 chapter.
1892	1892	24 (h) A police officer or firefighter does not become a member of the
1893	1893	25 1977 fund and is not covered by this chapter if the individual was
1894	1894	26 appointed as:
1895	1895	27 (1) a fire chief under a waiver under IC 36-8-4-6(c); or
1896	1896	28 (2) a police chief under a waiver under IC 36-8-4-6.5(c);
1897	1897	29 unless the executive of the unit requests that the 1977 fund accept the
1898	1898	30 individual in the 1977 fund and the individual previously was a
1899	1899	31 member of the 1977 fund.
1900	1900	32 (i) A police matron hired or rehired after April 30, 1977, and before
1901	1901	33 July 1, 1996, who is a member of a police department in a second or
1902	1902	34 third class city on March 31, 1996, is a member of the 1977 fund.
1903	1903	35 (j) A park ranger who:
1904	1904	36 (1) completed at least the number of weeks of training at the
1905	1905	37 Indiana law enforcement academy or a comparable law
1906	1906	38 enforcement academy in another state that were required at the
1907	1907	39 time the park ranger attended the Indiana law enforcement
1908	1908	40 academy or the law enforcement academy in another state;
1909	1909	41 (2) graduated from the Indiana law enforcement academy or a
1910	1910	42 comparable law enforcement academy in another state; and
1911	1911	2025 IN 1233—LS 7512/DI 87 45
1912	1912	1 (3) is employed by the parks department of a city having a
1913	1913	2 population of more than one hundred ten thousand (110,000) and
1914	1914	3 less than one hundred fifty thousand (150,000);
1915	1915	4 is a member of the fund.
1916	1916	5 (k) Notwithstanding any other provision of this chapter, a police
1917	1917	6 officer or firefighter:
1918	1918	7 (1) who is a member of the 1977 fund before a consolidation
1919	1919	8 under IC 36-3-1-5.1 or IC 36-3-1-6.1;
1920	1920	9 (2) whose employer is consolidated into the consolidated law
1921	1921	10 enforcement department or the fire department of a consolidated
1922	1922	11 city under IC 36-3-1-5.1 or IC 36-3-1-6.1; and
1923	1923	12 (3) who, after the consolidation, becomes an employee of the
1924	1924	13 consolidated law enforcement department or the consolidated fire
1925	1925	14 department under IC 36-3-1-5.1 or IC 36-3-1-6.1;
1926	1926	15 is a member of the 1977 fund without meeting the requirements under
1927	1927	16 sections 19 and 21 of this chapter.
1928	1928	17 (l) Notwithstanding any other provision of this chapter, if:
1929	1929	18 (1) before a consolidation under IC 8-22-3-11.6, a police officer
1930	1930	19 or firefighter provides law enforcement services or fire protection
1931	1931	20 services for an entity in a consolidated city;
1932	1932	21 (2) the provision of those services is consolidated into the law
1933	1933	22 enforcement department or fire department of a consolidated city;
1934	1934	23 and
1935	1935	24 (3) after the consolidation, the police officer or firefighter
1936	1936	25 becomes an employee of the consolidated law enforcement
1937	1937	26 department or the consolidated fire department under
1938	1938	27 IC 8-22-3-11.6;
1939	1939	28 the police officer or firefighter is a member of the 1977 fund without
1940	1940	29 meeting the requirements under sections 19 and 21 of this chapter.
1941	1941	30 (m) Notwithstanding any other provision of this chapter, a
1942	1942	31 firefighter who:
1943	1943	32 (1) as of December 31, 2026, is a member of the 1977 fund as
1944	1944	33 a firefighter with a township fire department, fire protection
1945	1945	34 territory, or fire protection district within a county; and
1946	1946	35 (2) after the transfer of fire protection responsibilities to
1947	1947	36 counties under IC 36-2-21 and IC 36-8-13.7 (effective January
1948	1948	37 1, 2027) becomes a member of the county fire department;
1949	1949	38 is a member of the 1977 fund without meeting the requirements
1950	1950	39 under sections 19 and 21 of this chapter. A firefighter described in
1951	1951	40 this subsection is entitled to receive credit for all years of service as
1952	1952	41 a member of the 1977 fund before becoming a member of the
1953	1953	42 county fire department.
1954	1954	2025 IN 1233—LS 7512/DI 87 46
1955	1955	1 (m) (n) A police officer or firefighter who is a member of the 1977
1956	1956	2 fund under subsection (k) or (l) may not be:
1957	1957	3 (1) retired for purposes of section 10 of this chapter; or
1958	1958	4 (2) disabled for purposes of section 12 of this chapter;
1959	1959	5 solely because of a change in employer under the consolidation.
1960	1960	6 (n) (o) Notwithstanding any other provision of this chapter and
1961	1961	7 subject to subsection (o), (p), a police officer or firefighter who:
1962	1962	8 (1) is an active member of the 1977 fund with an employer that
1963	1963	9 participates in the 1977 fund;
1964	1964	10 (2) separates from that employer; and
1965	1965	11 (3) not later than one hundred eighty (180) days after the date of
1966	1966	12 the separation described in subdivision (2), becomes employed as
1967	1967	13 a full-time police officer or firefighter with the same or a second
1968	1968	14 employer that participates in the 1977 fund;
1969	1969	15 is a member of the 1977 fund without meeting for a second time the
1970	1970	16 age limitation under subsection (a) and the requirements under sections
1971	1971	17 19 and 21 of this chapter. A police officer or firefighter to whom this
1972	1972	18 subsection applies is entitled to receive credit for all years of 1977 fund
1973	1973	19 covered service as a police officer or firefighter with all employers that
1974	1974	20 participate in the 1977 fund.
1975	1975	21 (o) (p) The one hundred eighty (180) day limitation described in
1976	1976	22 subsection (n)(3) (o)(3) does not apply to a member of the 1977 fund
1977	1977	23 who is eligible for reinstatement under IC 36-8-4-11.
1978	1978	24 (p) (q) Notwithstanding any other provision of this chapter, a
1979	1979	25 veteran who is:
1980	1980	26 (1) described in IC 36-8-4.7; and
1981	1981	27 (2) employed as a firefighter or police officer;
1982	1982	28 is a member of the 1977 fund.
1983	1983	29 (q) (r) Notwithstanding any other provision of this chapter and
1984	1984	30 except as provided in subsection (o), (p), a police officer or firefighter
1985	1985	31 who:
1986	1986	32 (1) is an active member of the 1977 fund with an employer that
1987	1987	33 participates in the 1977 fund;
1988	1988	34 (2) separates from that employer; and
1989	1989	35 (3) more than one hundred eighty (180) days after the date of the
1990	1990	36 separation described in subdivision (2), becomes employed as a
1991	1991	37 full-time police officer or firefighter with the same or a second
1992	1992	38 employer that participates in the 1977 fund;
1993	1993	39 is a member of the 1977 fund without meeting the age limitation under
1994	1994	40 subsection (a) provided the member can accrue twenty (20) years of
1995	1995	41 service credit in the 1977 fund by the time the firefighter becomes sixty
1996	1996	42 (60) years of age. A police officer or firefighter who participates in the
1997	1997	2025 IN 1233—LS 7512/DI 87 47
1998	1998	1 1977 fund under this subsection must pass the baseline statewide
1999	1999	2 physical and mental examination under section 19 of this chapter. A
2000	2000	3 police officer or firefighter to whom this subsection applies is entitled
2001	2001	4 to receive credit for all years of 1977 fund covered service as a police
2002	2002	5 officer or firefighter with all employers that participate in the 1977
2003	2003	6 fund.
2004	2004	7 SECTION 51. IC 36-8-8-8, AS AMENDED BY P.L.92-2021,
2005	2005	8 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2006	2006	9 JULY 1, 2025]: Sec. 8. (a) Each fund member shall contribute during
2007	2007	10 the period of the fund member's employment or for thirty-two (32)
2008	2008	11 years, whichever is shorter, an amount equal to six percent (6%) of the
2009	2009	12 salary of a first class patrolman or firefighter. However, the employer
2010	2010	13 may pay all or a part of the contribution for the member. The amount
2011	2011	14 of the contribution, other than contributions paid on behalf of a
2012	2012	15 member, shall be deducted each pay period from each fund member's
2013	2013	16 salary by the disbursing officer of the employer. The employer shall
2014	2014	17 send to the system board each year on March 31, June 30, September
2015	2015	18 30, and December 31, for the calendar quarters ending on those dates,
2016	2016	19 or an alternate date established by the rules of the system board, a
2017	2017	20 certified list of fund members and a warrant issued by the employer for
2018	2018	21 the total amount deducted for fund members' contributions.
2019	2019	22 (b) After December 31, 2011, an employer shall submit:
2020	2020	23 (1) the list described in subsection (a) in a uniform format through
2021	2021	24 a secure connection over the Internet or through other electronic
2022	2022	25 means specified by the system board; and
2023	2023	26 (2) the contributions paid by or on behalf of a member under
2024	2024	27 subsection (a) by electronic funds transfer.
2025	2025	28 (c) Except as provided in section 7(n) 7(o) or 7.2 of this chapter, if
2026	2026	29 a fund member ends the fund member's employment other than by
2027	2027	30 death or disability before the fund member completes twenty (20) years
2028	2028	31 of active service, the system board shall return to the fund member in
2029	2029	32 a lump sum the fund member's contributions plus interest at a rate
2030	2030	33 specified by rule by the system board. If the fund member returns to
2031	2031	34 service, the fund member is entitled to credit for the years of service for
2032	2032	35 which the fund member's contributions were refunded if the fund
2033	2033	36 member repays the amount refunded to the fund member plus interest
2034	2034	37 at a rate specified by rule by the system board in either a lump sum or
2035	2035	38 a series of payments determined by the system board.
2036	2036	39 SECTION 52. IC 36-8-11-4 IS AMENDED TO READ AS
2037	2037	40 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4. (a) A county
2038	2038	41 legislative body may establish fire protection districts for any of the
2039	2039	42 following purposes:
2040	2040	2025 IN 1233—LS 7512/DI 87 48
2041	2041	1 (1) Fire protection, including the capability for extinguishing all
2042	2042	2 fires that might be reasonably expected because of the types of
2043	2043	3 improvements, personal property, and real property within the
2044	2044	4 boundaries of the district.
2045	2045	5 (2) Fire prevention, including identification and elimination of all
2046	2046	6 potential and actual sources of fire hazard.
2047	2047	7 (3) Other purposes or functions related to fire protection and fire
2048	2048	8 prevention.
2049	2049	9 (b) Any area may be established as a fire protection district, but one
2050	2050	10 (1) part of a district may not be completely separate from another part.
2051	2051	11 A municipality may be included in a district, but only if it consents by
2052	2052	12 ordinance, unless a majority of the freeholders of the municipality have
2053	2053	13 petitioned to be included in the district.
2054	2054	14 (c) Except as provided in subsection (d), the territory of a district
2055	2055	15 may consist of:
2056	2056	16 (1) one (1) or more townships and parts of one (1) or more
2057	2057	17 townships in the same county; or
2058	2058	18 (2) all of the townships in the same county.
2059	2059	19 The boundaries of a district need not coincide with those of other
2060	2060	20 political subdivisions.
2061	2061	21 (d) The territory of a district may consist of a municipality that is
2062	2062	22 located in more than one (1) county.
2063	2063	23 (e) On January 1, 2027, the following occurs in a county not
2064	2064	24 having a consolidated city:
2065	2065	25 (1) Subject to subdivision (2), the county shall assume the
2066	2066	26 powers, duties, rights, responsibilities, and obligations under
2067	2067	27 this chapter of each township participating in the district.
2068	2068	28 (2) A county legislative body may withdraw any part of the
2069	2069	29 unincorporated area of the county from participation in the
2070	2070	30 fire protection district, as specified in the county fire
2071	2071	31 protection and emergency services plan.
2072	2072	32 (3) The department of local government finance shall make
2073	2073	33 any necessary adjustments to the maximum permissible ad
2074	2074	34 valorem property tax levy for the county firefighting fund to
2075	2075	35 account for any transfer of powers, duties, rights,
2076	2076	36 responsibilities, and obligations under this section.
2077	2077	37 SECTION 53. IC 36-8-11-15, AS AMENDED BY P.L.236-2023,
2078	2078	38 SECTION 199, IS AMENDED TO READ AS FOLLOWS
2079	2079	39 [EFFECTIVE JULY 1, 2025]: Sec. 15. (a) The board:
2080	2080	40 (1) has the same powers and duties as a township executive with
2081	2081	41 respect to fire protection functions, including those duties and
2082	2082	42 powers prescribed by IC 36-8-13 and (after December 31, 2026)
2083	2083	2025 IN 1233—LS 7512/DI 87 49
2084	2084	1 IC 36-8-13.7, although all cooperative and joint actions permitted
2085	2085	2 by that chapter those chapters must be undertaken according to
2086	2086	3 this chapter;
2087	2087	4 (2) has the same powers and duties as a township executive
2088	2088	5 relative to contracting with volunteer firefighting companies, as
2089	2089	6 prescribed by IC 36-8-12, and IC 36-8-13 and (after December
2090	2090	7 31, 2026) IC 36-8-13.7;
2091	2091	8 (3) shall appoint, fix the compensation, and prescribe the duties
2092	2092	9 of a fiscal officer, secretarial staff, persons performing special and
2093	2093	10 temporary services or providing legal counsel, and other
2094	2094	11 personnel considered necessary for the proper functioning of the
2095	2095	12 district; however, a person appointed as fiscal officer must be
2096	2096	13 bonded by good and sufficient sureties in an amount ordered by
2097	2097	14 the county legislative body to protect the district from financial
2098	2098	15 loss;
2099	2099	16 (4) shall exercise general supervision of and make regulations for
2100	2100	17 the administration of the district's affairs;
2101	2101	18 (5) shall prescribe uniform rules pertaining to investigations and
2102	2102	19 hearings;
2103	2103	20 (6) shall supervise the fiscal affairs and responsibilities of the
2104	2104	21 district;
2105	2105	22 (7) may delegate to employees of the district the authority to
2106	2106	23 perform ministerial acts, except in cases in which final action of
2107	2107	24 the board is necessary;
2108	2108	25 (8) shall keep accurate and complete records of all departmental
2109	2109	26 proceedings, record and file all bonds and contracts, and assume
2110	2110	27 responsibility for the custody and preservation of all papers and
2111	2111	28 documents of the district;
2112	2112	29 (9) shall make an annual report to the executive and the fiscal
2113	2113	30 body of the county that at least lists the financial transactions of
2114	2114	31 the district and a statement of the progress in accomplishing the
2115	2115	32 purposes for which the district has been established;
2116	2116	33 (10) shall adopt a seal and certify all official acts;
2117	2117	34 (11) may sue and be sued collectively by its legal name:
2118	2118	35 (A) ("Board of Fire Trustees, __________ Fire Protection
2119	2119	36 District"); or
2120	2120	37 (B) ("Governing Board of __________ Fire Protection
2121	2121	38 District"), if a governing board for the district is appointed
2122	2122	39 under section 12.5 of this chapter;
2123	2123	40 with service of process made on the chair of the board, but costs
2124	2124	41 may not be taxed against the members individually in an action;
2125	2125	42 (12) may invoke any legal, equitable, or special remedy for the
2126	2126	2025 IN 1233—LS 7512/DI 87 50
2127	2127	1 enforcement of this chapter or of proper action of the board taken
2128	2128	2 in a court;
2129	2129	3 (13) shall prepare and submit to the fiscal body of the county an
2130	2130	4 annual budget for operation and maintenance expenses and for the
2131	2131	5 retirement of obligations of the district, subject to review and
2132	2132	6 approval by the fiscal body;
2133	2133	7 (14) may, if advisable, establish one (1) or more advisory
2134	2134	8 committees, however in a county that adopts an ordinance under
2135	2135	9 section 12.5 of this chapter, the board of fire trustees shall be an
2136	2136	10 advisory body to the governing board;
2137	2137	11 (15) may enter into agreements with and accept money from a
2138	2138	12 federal or state agency and enter into agreements with a
2139	2139	13 municipality located within or outside the district, whether or not
2140	2140	14 the municipality is a part of the district, for a purpose compatible
2141	2141	15 with the purposes for which the district exists and with the
2142	2142	16 interests of the municipality;
2143	2143	17 (16) may accept gifts of money or other property to be used for
2144	2144	18 the purposes for which the district is established;
2145	2145	19 (17) may levy taxes at a uniform rate on the real and personal
2146	2146	20 property within the district;
2147	2147	21 (18) may issue bonds and tax anticipation warrants;
2148	2148	22 (19) may incur other debts and liabilities;
2149	2149	23 (20) may purchase or rent property;
2150	2150	24 (21) may sell services or property that are produced incident to
2151	2151	25 the operations of the district making a fair and reasonable charge
2152	2152	26 for it;
2153	2153	27 (22) may make contracts or otherwise enter into agreements with
2154	2154	28 public or private persons and federal or state agencies for
2155	2155	29 construction, maintenance, or operations of or in part of the
2156	2156	30 district;
2157	2157	31 (23) may receive and disburse money;
2158	2158	32 (24) may impose a false alarm fee or service charge under
2159	2159	33 IC 36-8-13-4 or (after December 31, 2026) IC 36-8-13.7-8;
2160	2160	34 (25) may, subject to the approval of the active members of the fire
2161	2161	35 department in a referendum, adopt a merit system under
2162	2162	36 IC 36-8-3.5; and
2163	2163	37 (26) shall serve as merit commissioners if a merit system is
2164	2164	38 adopted under IC 36-8-3.5.
2165	2165	39 (b) Powers granted by this chapter may be used only to accomplish
2166	2166	40 the purpose or purposes as stated in the ordinance or resolution
2167	2167	41 establishing the district. However, an act of the board necessary and
2168	2168	42 proper to accomplish the purposes for which the district is established
2169	2169	2025 IN 1233—LS 7512/DI 87 51
2170	2170	1 is not invalid because it incidentally accomplishes a purpose other than
2171	2171	2 one for which the district is established.
2172	2172	3 SECTION 54. IC 36-8-11-19 IS AMENDED TO READ AS
2173	2173	4 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 19. The department of
2174	2174	5 local government finance, when approving a rate and levy fixed by the
2175	2175	6 board, shall verify that a duplication of tax levies does not exist
2176	2176	7 between a fire protection district and a municipality, or township, or
2177	2177	8 (after December 31, 2026) county, in the case of a county not
2178	2178	9 having a consolidated city, within the boundaries of the district, so
2179	2179	10 that taxpayers do not bear two (2) levies for the same service, except
2180	2180	11 as provided by section 20 of this chapter.
2181	2181	12 SECTION 55. IC 36-8-11-21 IS AMENDED TO READ AS
2182	2182	13 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 21. This chapter does
2183	2183	14 not require a municipality, or township, or (after December 31, 2026)
2184	2184	15 county, in the case of a county not having a consolidated city, to
2185	2185	16 disband its fire department unless its legislative body consents by
2186	2186	17 ordinance.
2187	2187	18 SECTION 56. IC 36-8-12-1 IS AMENDED TO READ AS
2188	2188	19 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. (a) Except as
2189	2189	20 provided in subsection (b) and section 10 of this chapter, this chapter
2190	2190	21 applies to all units except counties.
2191	2191	22 (b) After December 31, 2026:
2192	2192	23 (1) this chapter also applies to counties not having a
2193	2193	24 consolidated city; and
2194	2194	25 (2) a county not having a consolidated city assumes the
2195	2195	26 powers, duties, rights, and obligations under this chapter of
2196	2196	27 each township in the county.
2197	2197	28 SECTION 57. IC 36-8-12-13, AS AMENDED BY P.L.236-2023,
2198	2198	29 SECTION 200, IS AMENDED TO READ AS FOLLOWS
2199	2199	30 [EFFECTIVE JULY 1, 2025]: Sec. 13. (a) Except as provided in
2200	2200	31 subsection (b), the volunteer fire department that responds first to an
2201	2201	32 incident may impose a charge on the owner of property, the owner of
2202	2202	33 a vehicle, or a responsible party (as defined in IC 13-11-2-191(d)) that
2203	2203	34 is involved in a hazardous material or fuel spill or chemical or
2204	2204	35 hazardous material related fire (as defined in IC 13-11-2-96(b)):
2205	2205	36 (1) that is responded to by the volunteer fire department; and
2206	2206	37 (2) that members of that volunteer fire department assisted in
2207	2207	38 extinguishing, containing, or cleaning up.
2208	2208	39 A second or subsequently responding volunteer fire department may
2209	2209	40 not impose a charge on an owner or responsible party under this
2210	2210	41 section, although it may be entitled to reimbursement from the first
2211	2211	42 responding volunteer fire department in accordance with an interlocal
2212	2212	2025 IN 1233—LS 7512/DI 87 52
2213	2213	1 or other agreement.
2214	2214	2 (b) A volunteer fire department that is funded, in whole or in part:
2215	2215	3 (1) by taxes imposed by a unit; or
2216	2216	4 (2) by a contract with a unit;
2217	2217	5 may not impose a charge under subsection (a) on a natural person who
2218	2218	6 resides or pays property taxes within the boundaries of the unit
2219	2219	7 described in subdivision (1) or (2), unless the spill or the chemical or
2220	2220	8 hazardous material fire poses an imminent threat to persons or
2221	2221	9 property.
2222	2222	10 (c) The volunteer fire department shall bill the owner or responsible
2223	2223	11 party of the vehicle for the total dollar value of the assistance that was
2224	2224	12 provided, with that value determined by a method that the state fire
2225	2225	13 marshal shall establish under section 16 of this chapter. A copy of the
2226	2226	14 fire incident report to the state fire marshal must accompany the bill.
2227	2227	15 This billing must take place within thirty (30) days after the assistance
2228	2228	16 was provided. The owner or responsible party shall remit payment
2229	2229	17 directly to the governmental unit providing the service. Any money that
2230	2230	18 is collected under this section may be:
2231	2231	19 (1) deposited in the:
2232	2232	20 (A) township firefighting and emergency services fund
2233	2233	21 established in IC 36-8-13-4(a)(1) or the township firefighting
2234	2234	22 fund established in IC 36-8-13-4(a)(2)(A); or
2235	2235	23 (B) county firefighting and emergency services fund
2236	2236	24 established under IC 36-8-13.7-8(a)(1) or county
2237	2237	25 firefighting fund established under
2238	2238	26 IC 36-8-13.7-8(a)(2)(A);
2239	2239	27 (2) used to pay principal and interest on a loan made by the
2240	2240	28 department of homeland security established by IC 10-19-2-1 or
2241	2241	29 a division of the department for the purchase of new or used
2242	2242	30 firefighting and other emergency equipment or apparatus; or
2243	2243	31 (3) used for the purchase of equipment, buildings, and property
2244	2244	32 for firefighting, fire protection, and other emergency services.
2245	2245	33 (d) Any administrative fees charged by a fire department's agent
2246	2246	34 must be paid only from fees that are collected and allowed by Indiana
2247	2247	35 law and the fire marshal's schedule of fees.
2248	2248	36 (e) An agent who processes fees on behalf of a fire department shall
2249	2249	37 send all bills, notices, and other related materials to both the fire
2250	2250	38 department and the person being billed for services.
2251	2251	39 (f) All fees allowed by Indiana law and the fire marshal's fee
2252	2252	40 schedule must be itemized separately from any other charges.
2253	2253	41 (g) The volunteer fire department may maintain a civil action to
2254	2254	42 recover an unpaid charge that is imposed under subsection (a) and may,
2255	2255	2025 IN 1233—LS 7512/DI 87 53
2256	2256	1 if it prevails, recover all costs of the action, including reasonable
2257	2257	2 attorney's fees.
2258	2258	3 SECTION 58. IC 36-8-12-16, AS AMENDED BY P.L.236-2023,
2259	2259	4 SECTION 201, IS AMENDED TO READ AS FOLLOWS
2260	2260	5 [EFFECTIVE JULY 1, 2025]: Sec. 16. (a) A volunteer fire department
2261	2261	6 that provides service within a jurisdiction served by the department
2262	2262	7 may establish a schedule of charges for the services that the department
2263	2263	8 provides not to exceed the state fire marshal's recommended schedule
2264	2264	9 for services. The volunteer fire department or its agent may collect a
2265	2265	10 service charge according to this schedule from the owner of property
2266	2266	11 that receives service if the following conditions are met:
2267	2267	12 (1) At the following times, the department gives notice under
2268	2268	13 IC 5-3-1-4(d) in each political subdivision served by the
2269	2269	14 department of the amount of the service charge for each service
2270	2270	15 that the department provides:
2271	2271	16 (A) Before the schedule of service charges is initiated.
2272	2272	17 (B) When there is a change in the amount of a service charge.
2273	2273	18 (2) The property owner has not sent written notice to the
2274	2274	19 department to refuse service by the department to the owner's
2275	2275	20 property.
2276	2276	21 (3) The bill for payment of the service charge:
2277	2277	22 (A) is submitted to the property owner in writing within thirty
2278	2278	23 (30) days after the services are provided;
2279	2279	24 (B) includes a copy of a fire incident report in the form
2280	2280	25 prescribed by the state fire marshal, if the service was
2281	2281	26 provided for an event that requires a fire incident report;
2282	2282	27 (C) must contain verification that the bill has been approved
2283	2283	28 by the chief of the volunteer fire department; and
2284	2284	29 (D) must contain language indicating that correspondence
2285	2285	30 from the property owner and any question from the property
2286	2286	31 owner regarding the bill should be directed to the department.
2287	2287	32 (4) Payment is remitted directly to the governmental unit
2288	2288	33 providing the service.
2289	2289	34 (b) A volunteer fire department shall use the revenue collected from
2290	2290	35 the fire service charges under this section:
2291	2291	36 (1) for the purchase of equipment, buildings, and property for
2292	2292	37 firefighting, fire protection, or other emergency services;
2293	2293	38 (2) for deposit in the:
2294	2294	39 (A) township firefighting and emergency services fund
2295	2295	40 established under IC 36-8-13-4(a)(1) or the township
2296	2296	41 firefighting fund established under IC 36-8-13-4(a)(2)(A); or
2297	2297	42 (B) county firefighting and emergency services fund
2298	2298	2025 IN 1233—LS 7512/DI 87 54
2299	2299	1 established under IC 36-8-13.7-8(a)(1) or county
2300	2300	2 firefighting fund established under
2301	2301	3 IC 36-8-13.7-8(a)(2)(A); or
2302	2302	4 (3) to pay principal and interest on a loan made by the department
2303	2303	5 of homeland security established by IC 10-19-2-1 or a division of
2304	2304	6 the department for the purchase of new or used firefighting and
2305	2305	7 other emergency equipment or apparatus.
2306	2306	8 (c) Any administrative fees charged by a fire department's agent
2307	2307	9 must be paid only from fees that are collected and allowed by Indiana
2308	2308	10 law and the fire marshal's schedule of fees.
2309	2309	11 (d) An agent who processes fees on behalf of a fire department shall
2310	2310	12 send all bills, notices, and other related materials to both the fire
2311	2311	13 department and the person being billed for services.
2312	2312	14 (e) All fees allowed by Indiana law and the fire marshal's fee
2313	2313	15 schedule must be itemized separately from any other charges.
2314	2314	16 (f) If at least twenty-five percent (25%) of the money received by a
2315	2315	17 volunteer fire department for providing fire protection or emergency
2316	2316	18 services is received under one (1) or more contracts with one (1) or
2317	2317	19 more political subdivisions (as defined in IC 34-6-2-110), the
2318	2318	20 legislative body of a contracting political subdivision must approve the
2319	2319	21 schedule of service charges established under subsection (a) before the
2320	2320	22 schedule of service charges is initiated in that political subdivision.
2321	2321	23 (g) A volunteer fire department that:
2322	2322	24 (1) has contracted with a political subdivision to provide fire
2323	2323	25 protection or emergency services; and
2324	2324	26 (2) charges for services under this section;
2325	2325	27 must submit a report to the legislative body of the political subdivision
2326	2326	28 before April 1 of each year indicating the amount of service charges
2327	2327	29 collected during the previous calendar year and how those funds have
2328	2328	30 been expended.
2329	2329	31 (h) The state fire marshal shall annually prepare and publish a
2330	2330	32 recommended schedule of service charges for fire protection services.
2331	2331	33 (i) The volunteer fire department or its agent may maintain a civil
2332	2332	34 action to recover an unpaid service charge under this section and may,
2333	2333	35 if it prevails, recover all costs of the action, including reasonable
2334	2334	36 attorney's fees.
2335	2335	37 SECTION 59. IC 36-8-12-17, AS AMENDED BY P.L.236-2023,
2336	2336	38 SECTION 202, IS AMENDED TO READ AS FOLLOWS
2337	2337	39 [EFFECTIVE JULY 1, 2025]: Sec. 17. (a) If a political subdivision has
2338	2338	40 not imposed its own false alarm fee or service charge, a volunteer fire
2339	2339	41 department that provides service within the jurisdiction may establish
2340	2340	42 a service charge for responding to false alarms. The volunteer fire
2341	2341	2025 IN 1233—LS 7512/DI 87 55
2342	2342	1 department may collect the false alarm service charge from the owner
2343	2343	2 of the property if the volunteer fire department dispatches firefighting
2344	2344	3 apparatus or personnel to a building or premises in the township
2345	2345	4 political subdivision in response to:
2346	2346	5 (1) an alarm caused by improper installation or improper
2347	2347	6 maintenance; or
2348	2348	7 (2) a drill or test, if the fire department is not previously notified
2349	2349	8 that the alarm is a drill or test.
2350	2350	9 However, if the owner of property that constitutes the owner's residence
2351	2351	10 establishes that the alarm is under a maintenance contract with an
2352	2352	11 alarm company and that the alarm company has been notified of the
2353	2353	12 improper installation or maintenance of the alarm, the alarm company
2354	2354	13 is liable for the payment of the fee or service charge.
2355	2355	14 (b) Before establishing a false alarm service charge, the volunteer
2356	2356	15 fire department must provide notice under IC 5-3-1-4(d) in each
2357	2357	16 political subdivision served by the department of the amount of the
2358	2358	17 false alarm service charge. The notice required by this subsection must
2359	2359	18 be given:
2360	2360	19 (1) before the false alarm service charge is initiated; and
2361	2361	20 (2) before a change in the amount of the false alarm service
2362	2362	21 charge.
2363	2363	22 (c) A volunteer fire department may not collect a false alarm service
2364	2364	23 charge from a property owner or alarm company unless the
2365	2365	24 department's bill for payment of the service charge:
2366	2366	25 (1) is submitted to the property owner in writing within thirty (30)
2367	2367	26 days after the false alarm; and
2368	2368	27 (2) includes a copy of a fire incident report in the form prescribed
2369	2369	28 by the state fire marshal.
2370	2370	29 (d) A volunteer fire department shall use the money collected from
2371	2371	30 the false alarm service charge imposed under this section:
2372	2372	31 (1) for the purchase of equipment, buildings, and property for fire
2373	2373	32 fighting, fire protection, or other emergency services;
2374	2374	33 (2) for deposit in the:
2375	2375	34 (A) township firefighting and emergency services fund
2376	2376	35 established under IC 36-8-13-4(a)(1) or the township
2377	2377	36 firefighting fund established under IC 36-8-13-4(a)(2)(A); or
2378	2378	37 (B) county firefighting and emergency services fund
2379	2379	38 established under IC 36-8-13.7-8(a)(1) or county
2380	2380	39 firefighting fund established under
2381	2381	40 IC 36-8-13.7-8(a)(2)(A); or
2382	2382	41 (3) to pay principal and interest on a loan made by the department
2383	2383	42 of homeland security established by IC 10-19-2-1 or a division of
2384	2384	2025 IN 1233—LS 7512/DI 87 56
2385	2385	1 the department for the purchase of new or used firefighting and
2386	2386	2 other emergency equipment or apparatus.
2387	2387	3 (e) If at least twenty-five percent (25%) of the money received by a
2388	2388	4 volunteer fire department for providing fire protection or emergency
2389	2389	5 services is received under one (1) or more contracts with one (1) or
2390	2390	6 more political subdivisions (as defined in IC 34-6-2-110), the
2391	2391	7 legislative body of a contracting political subdivision must approve the
2392	2392	8 false alarm service charge established under subsection (a) before the
2393	2393	9 service charge is initiated in that political subdivision.
2394	2394	10 (f) A volunteer fire department that:
2395	2395	11 (1) has contracted with a political subdivision to provide fire
2396	2396	12 protection or emergency services; and
2397	2397	13 (2) imposes a false alarm service charge under this section;
2398	2398	14 must submit a report to the legislative body of the political subdivision
2399	2399	15 before April 1 of each year indicating the amount of false alarm
2400	2400	16 charges collected during the previous calendar year and how those
2401	2401	17 funds have been expended.
2402	2402	18 (g) The volunteer fire department may maintain a civil action to
2403	2403	19 recover unpaid false alarm service charges imposed under this section
2404	2404	20 and may, if it prevails, recover all costs of the action, including
2405	2405	21 reasonable attorney's fees.
2406	2406	22 SECTION 60. IC 36-8-12.2-2 IS AMENDED TO READ AS
2407	2407	23 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. As used in this
2408	2408	24 chapter, "fire department" means a fire department that:
2409	2409	25 (1) is established under IC 36-8-2-3, or IC 36-8-13-3(a)(1), or
2410	2410	26 IC 36-8-13.7; and
2411	2411	27 (2) employs:
2412	2412	28 (A) both full-time paid members and volunteer members; or
2413	2413	29 (B) only full-time paid members.
2414	2414	30 SECTION 61. IC 36-8-12.2-8 IS AMENDED TO READ AS
2415	2415	31 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 8. (a) Money collected
2416	2416	32 under this chapter must be deposited in one (1) of the following:
2417	2417	33 (1) The general fund of the unit that established the fire
2418	2418	34 department under IC 36-8-2-3, or IC 36-8-13-3(a)(1), or
2419	2419	35 IC 36-8-13.7.
2420	2420	36 (2) A hazardous materials response fund established under section
2421	2421	37 8.1 of this chapter by a city or town having a fire department
2422	2422	38 established under IC 36-8-2-3.
2423	2423	39 (b) Money collected under this chapter may be used only for the
2424	2424	40 following:
2425	2425	41 (1) Purchase of supplies and equipment used in providing
2426	2426	42 hazardous materials emergency assistance under this chapter.
2427	2427	2025 IN 1233—LS 7512/DI 87 57
2428	2428	1 (2) Training for members of the fire department in skills
2429	2429	2 necessary for providing hazardous materials emergency assistance
2430	2430	3 under this chapter.
2431	2431	4 (3) Payment to persons with which the fire department contracts
2432	2432	5 to provide services related to the hazardous materials emergency
2433	2433	6 assistance provided by the fire department under this chapter.
2434	2434	7 SECTION 62. IC 36-8-13.6 IS ADDED TO THE INDIANA CODE
2435	2435	8 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
2436	2436	9 JULY 1, 2025]:
2437	2437	10 Chapter 13.6. County Fire Protection and Emergency Services
2438	2438	11 Plan
2439	2439	12 Sec. 1. This chapter does not apply to a county having a
2440	2440	13 consolidated city.
2441	2441	14 Sec. 2. As used in this chapter, "county plan" means a county
2442	2442	15 fire protection and emergency services plan.
2443	2443	16 Sec. 3. The county legislative body shall propose a county plan.
2444	2444	17 The director of the county emergency management department
2445	2445	18 shall assist the county legislative body in the preparation of the
2446	2446	19 plan. After the county legislative body proposes a county plan, the
2447	2447	20 county legislative body shall review the county plan during at least
2448	2448	21 two (2) public meetings at which the public and any interested
2449	2449	22 parties shall have the opportunity to comment on the county plan.
2450	2450	Sec. 4. (a) A county legislative body shall before May 1, 2026,23
2451	2451	24 adopt an ordinance finally approving the county plan.
2452	2452	25 (b) If a county legislative body does not adopt an ordinance
2453	2453	26 finally approving a county plan under subsection (a) before May
2454	2454	27 1, 2026, the division of fire and building safety shall instead adopt
2455	2455	28 the county plan for that county.
2456	2456	29 (c) The director of the county emergency management agency
2457	2457	30 is the administrator of the county plan and is responsible for the
2458	2458	31 day to day operations. All contracts and bids must be approved
2459	2459	32 and signed by the county executive.
2460	2460	33 Sec. 5. A county legislative body may periodically amend the
2461	2461	34 ordinance setting forth the county plan.
2462	2462	35 Sec. 6. (a) A county plan must provide that after December 31,
2463	2463	36 2026, the county is responsible for fire protection and emergency
2464	2464	37 services in the unincorporated areas of the county.
2465	2465	38 (b) A county plan must include the following:
2466	2466	39 (1) A comprehensive plan providing for fire protection,
2467	2467	40 emergency medical services, and hazardous materials
2468	2468	41 response in the county in an efficient and cost effective
2469	2469	42 manner. The plan must describe the facilities, equipment, and
2470	2470	2025 IN 1233—LS 7512/DI 87 58
2471	2471	1 personnel that will be used to provide fire protection and
2472	2472	2 emergency services in the county.
2473	2473	3 (2) A description of the standards of service and protocols for
2474	2474	4 fire protection and emergency services.
2475	2475	5 (3) A plan specifying the transition of fire protection and
2476	2476	6 emergency services from existing township fire departments
2477	2477	7 and other providers of fire protection and emergency services
2478	2478	8 to county administered fire protection and emergency
2479	2479	9 services.
2480	2480	10 (4) A description of:
2481	2481	11 (A) the organization of the county fire department; and
2482	2482	12 (B) any residency requirements that apply to members of
2483	2483	13 the county fire department.
2484	2484	14 (5) A description of any fire protection districts, fire
2485	2485	15 protection territories, volunteer fire departments, or other
2486	2486	16 units of government that will be established or used to provide
2487	2487	17 fire protection service or with which the county will contract
2488	2488	18 or otherwise enter into an agreement for fire protection and
2489	2489	19 emergency services. The county plan must provide that the
2490	2490	20 executive of the county will provide for fire protection and
2491	2491	21 emergency services in the county through any combination of
2492	2492	22 the following:
2493	2493	23 (A) The operation of a county fire department.
2494	2494	24 (B) Contracting with or otherwise cooperating with any
2495	2495	25 municipality, county, fire protection district, volunteer fire
2496	2496	26 department, fire protection territory, or other entity.
2497	2497	27 (c) A municipality or volunteer fire department may provide
2498	2498	28 fire protection and emergency services to an unincorporated area
2499	2499	29 of the county, if the municipality or volunteer fire department and
2500	2500	30 county enter into an interlocal cooperation agreement under
2501	2501	31 IC 36-1-7 as provided in IC 36-8-13.7-6.
2502	2502	32 SECTION 63. IC 36-8-13.7 IS ADDED TO THE INDIANA CODE
2503	2503	33 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
2504	2504	34 JULY 1, 2025]:
2505	2505	35 Chapter 13.7. County Fire Protection and Emergency Services
2506	2506	36 Sec. 1. This chapter does not apply to a county having a
2507	2507	37 consolidated city.
2508	2508	38 Sec. 2. As used in this chapter, "county plan" means a county
2509	2509	39 fire protection and emergency services plan approved under
2510	2510	40 IC 36-8-13.6.
2511	2511	41 Sec. 3. As used in this chapter, "director" means the director of
2512	2512	42 the county emergency management agency.
2513	2513	2025 IN 1233—LS 7512/DI 87 59
2514	2514	1 Sec. 4. (a) On January 1, 2027, all fire protection districts under
2515	2515	2 IC 36-8-11 are dissolved.
2516	2516	3 (b) Indebtedness that was incurred by a district before January
2517	2517	4 1, 2027:
2518	2518	5 (1) may not be imposed on taxpayers that were not
2519	2519	6 responsible for payment of the indebtedness before the
2520	2520	7 dissolution of the district; and
2521	2521	8 (2) must be paid by the taxpayers that were responsible for
2522	2522	9 payment of the indebtedness before the dissolution of the
2523	2523	10 district.
2524	2524	11 (c) The territory within the dissolved district constitutes a
2525	2525	12 special taxing district only for the purposes of the county imposing
2526	2526	13 and collecting a property tax levy for payment of any outstanding
2527	2527	14 indebtedness of the dissolved district, including any indebtedness
2528	2528	15 of a district attributed to participation in a fire protection
2529	2529	16 territory. The county shall each year impose and collect the
2530	2530	17 property tax levy in the special taxing district in an amount
2531	2531	18 determined by the department of local government finance to be
2532	2532	19 used only for payment of the dissolved district's outstanding
2533	2533	20 indebtedness including any indebtedness of a district attributed to
2534	2534	21 participation in a fire protection territory. The special taxing
2535	2535	22 district terminates upon payment of the dissolved district's debts
2536	2536	23 and liabilities. Dissolution of a district does not affect the validity
2537	2537	24 of any contract to which the district is a party.
2538	2538	25 (d) The property owned by the district shall be transferred to
2539	2539	26 the county. After payment of debts and liabilities the property shall
2540	2540	27 be disposed of in the manner chosen by the county legislative body.
2541	2541	28 (e) After December 31, 2026, a fire protection district may not
2542	2542	29 be established under IC 36-8-11.
2543	2543	30 Sec. 5. (a) On January 1, 2027, all fire protection territories
2544	2544	31 under IC 36-8-19 are dissolved.
2545	2545	32 (b) Any unit or fire protection district participating in the
2546	2546	33 territory remains liable for the unit's or fire protection district's
2547	2547	34 share of any debt incurred under IC 36-8-19-8.5.
2548	2548	35 (c) The department of local government finance shall adjust a
2549	2549	36 participating unit's maximum permissible property tax levies,
2550	2550	37 maximum permissible property tax rates, and budgets to reflect the
2551	2551	38 dissolution of the territory.
2552	2552	39 (d) After December 31, 2026, a fire protection territory may not
2553	2553	40 be established under IC 36-8-19.
2554	2554	41 Sec. 6. (a) Beginning January 1, 2027, the executive of a county
2555	2555	42 is responsible for providing fire protection and emergency services
2556	2556	2025 IN 1233—LS 7512/DI 87 60
2557	2557	1 in the unincorporated areas of the county in the manner specified
2558	2558	2 in the county plan. The director shall be responsible for the day to
2559	2559	3 day operations in administering the plan.
2560	2560	4 (b) As provided in IC 36-2-21, in carrying out fire protection
2561	2561	5 and emergency services responsibilities, the county executive shall,
2562	2562	6 as provided in the county plan, provide for fire protection and
2563	2563	7 emergency services in the unincorporated areas of the county
2564	2564	8 through any combination of:
2565	2565	9 (1) operating a county fire department;
2566	2566	10 (2) contracting with or otherwise cooperating with any
2567	2567	11 municipality, county, or other entity; or
2568	2568	12 (3) entering into mutual aid agreements.
2569	2569	13 (c) A municipality may provide fire protection and emergency
2570	2570	14 services to an unincorporated area of the county, if the
2571	2571	15 municipality and county enter into an interlocal cooperation
2572	2572	16 agreement under IC 36-1-7. The agreement must be in writing and
2573	2573	17 clearly define the boundaries of the area in which the municipality
2574	2574	18 will be providing fire protection services, or emergency services, or
2575	2575	19 both. Payment to the municipality shall be from property taxes
2576	2576	20 levied by the county under section 8(c) of this chapter and
2577	2577	21 transferred to the municipality under the terms of the agreement.
2578	2578	22 Notwithstanding any other law, the municipality may not assess
2579	2579	23 any additional charges or fees of service to recipients for providing
2580	2580	24 the services to the area.
2581	2581	25 (d) The county may provide fire protection or emergency
2582	2582	26 services, or both, inside the corporate boundaries of a municipality
2583	2583	27 whose municipal territory is completely within a county and that
2584	2584	28 does not have a full-time paid fire department.
2585	2585	29 Sec. 7. (a) The county executive may, consistent with the county
2586	2586	30 plan, and with the approval of the county fiscal body, do the
2587	2587	31 following in carrying out the county's responsibility to provide fire
2588	2588	32 protection and emergency services in the unincorporated areas of
2589	2589	33 the county after December 31, 2026:
2590	2590	34 (1) Purchase firefighting and emergency services apparatus
2591	2591	35 and equipment for the county, provide for the housing, care,
2592	2592	36 maintenance, operation, and use of the apparatus and
2593	2593	37 equipment to provide services within the unincorporated
2594	2594	38 areas of the county, and employ full-time or part-time
2595	2595	39 personnel to operate the apparatus and equipment and to
2596	2596	40 provide services in that area. Preference in employment under
2597	2597	41 this section shall be given according to the following priority:
2598	2598	42 (A) A war veteran who has been honorably discharged
2599	2599	2025 IN 1233—LS 7512/DI 87 61
2600	2600	1 from the United States armed forces.
2601	2601	2 (B) A person whose mother or father was a:
2602	2602	3 (i) firefighter of a unit;
2603	2603	4 (ii) municipal police officer; or
2604	2604	5 (iii) county police officer;
2605	2605	6 who died in the line of duty (as defined in IC 5-10-10-2).
2606	2606	7 A person described in this subdivision may not receive a
2607	2607	8 preference for employment unless the person applies for
2608	2608	9 employment and meets all employment requirements
2609	2609	10 prescribed by law, including physical and age requirements,
2610	2610	11 and all employment requirements prescribed by the fire
2611	2611	12 department.
2612	2612	13 (2) Contract in accordance with IC 36-1-7 and section 6(c) of
2613	2613	14 this chapter with a municipality in the county or in a
2614	2614	15 contiguous county that maintains adequate firefighting or
2615	2615	16 emergency services apparatus and equipment to provide fire
2616	2616	17 protection or emergency services.
2617	2617	18 (3) Cooperate in accordance with IC 36-1-7 and section 6(c)
2618	2618	19 of this chapter with a municipality in the county or in a
2619	2619	20 contiguous county in the purchase, maintenance, and upkeep
2620	2620	21 of firefighting or emergency services apparatus and
2621	2621	22 equipment for use in the municipality and county.
2622	2622	23 (4) Contract with a volunteer fire department for the use and
2623	2623	24 operation of firefighting apparatus and equipment that has
2624	2624	25 been purchased by the county in order to save the private and
2625	2625	26 public property of the county from destruction by fire,
2626	2626	27 including use of the apparatus and equipment in an adjoining
2627	2627	28 county by the volunteer fire department if the volunteer fire
2628	2628	29 department has made a contract with the executive of the
2629	2629	30 adjoining county to furnish firefighting service within the
2630	2630	31 county.
2631	2631	32 (5) Contract with a volunteer fire department that maintains
2632	2632	33 adequate firefighting service in accordance with IC 36-1-7,
2633	2633	34 IC 36-8-12, and section 6(c) of this chapter.
2634	2634	35 (6) Use money in the county's rainy day fund to pay costs
2635	2635	36 attributable to providing fire protection or emergency
2636	2636	37 services consistent with the county plan.
2637	2637	38 (b) The county director shall be responsible for the day to day
2638	2638	39 operations in administering the county plan. The county director
2639	2639	40 shall:
2640	2640	41 (1) prepare the county's budget for fire protection and
2641	2641	42 emergency services; and
2642	2642	2025 IN 1233—LS 7512/DI 87 62
2643	2643	1 (2) not later than July 1, 2026, and before July 1 of every year
2644	2644	2 thereafter, submit the budget to the county executive.
2645	2645	3 The county executive may adopt a resolution that assigns any
2646	2646	4 duties under subsection (a) and any other powers and duties
2647	2647	5 regarding county fire protection and emergency services that are
2648	2648	6 determined to be advisable by the county executive to the county
2649	2649	7 director. However, the director may not be authorized to issue or
2650	2650	8 execute bonds, notes, or warrants of the county and the county
2651	2651	9 executive shall be responsible for approving and signing all
2652	2652	10 contracts and bids. The county director must act in compliance
2653	2653	11 with the county plan, and under the supervision and approval of
2654	2654	12 the county fiscal body. The county executive may, by resolution,
2655	2655	13 withdraw any of the duties assigned.
2656	2656	14 Sec. 8. (a) Each county shall establish either:
2657	2657	15 (1) a county firefighting and emergency services fund which
2658	2658	16 is to be used by the county for the payment of costs
2659	2659	17 attributable to providing fire protection or emergency
2660	2660	18 services by the methods provided in this chapter and for no
2661	2661	19 other purposes; or
2662	2662	20 (2) two (2) separate funds consisting of:
2663	2663	21 (A) a county firefighting fund that is to be used by the
2664	2664	22 county for the payment of costs attributable to providing
2665	2665	23 fire protection under the methods prescribed in this
2666	2666	24 chapter and for no other purposes; and
2667	2667	25 (B) a county emergency services fund that is to be used by
2668	2668	26 the county for the payment of costs attributable to
2669	2669	27 providing emergency services under the methods
2670	2670	28 prescribed in this chapter and for no other purposes.
2671	2671	29 The money in the funds described in either subdivision (1) or (2)
2672	2672	30 may be paid out by the county executive upon appropriation by the
2673	2673	31 county fiscal body.
2674	2674	32 (b) If a county transitions from a single county firefighting and
2675	2675	33 emergency services fund under subsection (a)(1) to two (2) separate
2676	2676	34 funds as allowed under subsection (a)(2), the county fiscal body
2677	2677	35 shall approve a transfer of the remaining cash balance in the
2678	2678	36 county firefighting and emergency services fund to the two (2) new
2679	2679	37 separate funds. As part of the transfer under this subsection, the
2680	2680	38 county fiscal body shall determine the amounts of the remaining
2681	2681	39 cash balance that will be attributable to the county firefighting
2682	2682	40 fund and the county emergency services fund.
2683	2683	41 (c) Each county may levy, for property taxes due in 2027 and
2684	2684	42 thereafter, a tax for either:
2685	2685	2025 IN 1233—LS 7512/DI 87 63
2686	2686	1 (1) the county firefighting and emergency services fund
2687	2687	2 described in subsection (a)(1); or
2688	2688	3 (2) both:
2689	2689	4 (A) the county firefighting fund; and
2690	2690	5 (B) the county emergency services fund;
2691	2691	6 described in subsection (a)(2).
2692	2692	7 Other than a county providing fire protection or emergency
2693	2693	8 services or both to municipalities in the county under section 6(d)
2694	2694	9 of this chapter, the tax levy is on all taxable real and personal
2695	2695	10 property in the county outside the corporate boundaries of
2696	2696	11 municipalities. Subject to the levy limitations contained in
2697	2697	12 IC 6-1.1-18.5, the county firefighting and emergency services levy
2698	2698	13 is to be in an amount sufficient to pay costs attributable to fire
2699	2699	14 protection and emergency services that are not paid from other
2700	2700	15 revenues available to the fund. If a county establishes a county
2701	2701	16 firefighting fund and a county emergency services fund described
2702	2702	17 in subdivision (2), the combined levies are to be an amount
2703	2703	18 sufficient to pay costs attributable to fire protection and emergency
2704	2704	19 services. However, fire protection services may be paid only from
2705	2705	20 the county firefighting fund and emergency services may be paid
2706	2706	21 only from the county emergency services fund, and each fund may
2707	2707	22 pay costs attributable to the respective fund for services that are
2708	2708	23 not paid from other revenues available to either applicable fund.
2709	2709	24 The tax rate and levy for a levy described in this subsection shall
2710	2710	25 be established in accordance with the procedures set forth in
2711	2711	26 IC 6-1.1-17.
2712	2712	27 (d) In addition to the tax levy and service charges received
2713	2713	28 under IC 36-8-12-13 and IC 36-8-12-16, the county executive may
2714	2714	29 accept donations to the county for the purpose of firefighting and
2715	2715	30 other emergency services and shall place them in the county
2716	2716	31 firefighting and emergency services fund established under
2717	2717	32 subsection (a)(1), or if applicable, the county firefighting fund
2718	2718	33 established under subsection (a)(2)(A) if the purpose of the
2719	2719	34 donation is for firefighting, or in the county emergency services
2720	2720	35 fund established under subsection (a)(2)(B) if the purpose of the
2721	2721	36 donation is for emergency services, keeping an accurate record of
2722	2722	37 the sums received. A person may also donate partial payment of
2723	2723	38 any purchase of firefighting or other emergency services
2724	2724	39 equipment made by the county.
2725	2725	40 (e) If a fire department serving the county dispatches fire
2726	2726	41 apparatus or personnel to a building or premises in the county in
2727	2727	42 response to:
2728	2728	2025 IN 1233—LS 7512/DI 87 64
2729	2729	1 (1) an alarm caused by improper installation or improper
2730	2730	2 maintenance; or
2731	2731	3 (2) a drill or test, if the fire department is not previously
2732	2732	4 notified that the alarm is a drill or test;
2733	2733	5 the county may impose a fee or service charge upon the owner of
2734	2734	6 the property. However, if the owner of property that constitutes
2735	2735	7 the owner's residence establishes that the alarm is under a
2736	2736	8 maintenance contract with an alarm company and that the alarm
2737	2737	9 company has been notified of the improper installation or
2738	2738	10 maintenance of the alarm, the alarm company is liable for the
2739	2739	11 payment of the fee or service charge.
2740	2740	12 (f) The amount of a fee or service charge imposed under
2741	2741	13 subsection (e) shall be determined by the county fiscal body. All
2742	2742	14 money received by the county from the fee or service charge must
2743	2743	15 be deposited in the county's firefighting and emergency services
2744	2744	16 fund or the county's firefighting fund.
2745	2745	17 Sec. 9. (a) This section applies to a county that provides fire
2746	2746	18 protection or emergency services or both to a municipality in the
2747	2747	19 county under section 6(d) of this chapter.
2748	2748	20 (b) Except as provided in subsection (c), with the consent of the
2749	2749	21 county fiscal body, the county executive may pay the expenses for
2750	2750	22 fire protection and emergency services in the county, both inside
2751	2751	23 and outside the corporate boundaries of participating
2752	2752	24 municipalities, from any combination of the following county
2753	2753	25 funds, regardless of when the funds were established:
2754	2754	26 (1) The county firefighting and emergency services fund
2755	2755	27 under section 8(a)(1) of this chapter.
2756	2756	28 (2) The cumulative building and equipment fund under
2757	2757	29 IC 36-8-14.
2758	2758	30 (3) The debt fund for taxes levied under section 12 of this
2759	2759	31 chapter.
2760	2760	32 (4) The rainy day fund established under IC 36-1-8-5.1.
2761	2761	33 (c) If a county establishes a county firefighting fund and a
2762	2762	34 county emergency services fund described in section 8(a)(2)(B) of
2763	2763	35 this chapter, and with the consent of the county fiscal body, the
2764	2764	36 county executive may pay the expenses for fire protection from the
2765	2765	37 county firefighting fund and emergency services from the county
2766	2766	38 emergency services fund, both inside and outside the corporate
2767	2767	39 boundaries of participating municipalities.
2768	2768	40 (d) Subject to the levy limitations contained in IC 6-1.1-18.5, the
2769	2769	41 tax rate and levy for the county firefighting and emergency
2770	2770	42 services fund or the combined levies for the county firefighting
2771	2771	2025 IN 1233—LS 7512/DI 87 65
2772	2772	1 fund and the county emergency services fund (as applicable), the
2773	2773	2 cumulative building and equipment fund, or the debt fund is to be
2774	2774	3 in an amount sufficient to pay all costs attributable to fire
2775	2775	4 protection or emergency services that are provided to the county
2776	2776	5 and the participating municipalities that are not paid from other
2777	2777	6 available revenues. The tax rate and levy for each fund shall be
2778	2778	7 established in accordance with the procedures set forth in
2779	2779	8 IC 6-1.1-17 and apply both inside and outside the corporate
2780	2780	9 boundaries of participating municipalities.
2781	2781	10 (e) The county executive may accept donations for the purpose
2782	2782	11 of firefighting and emergency services. The county executive shall
2783	2783	12 place donations in the county firefighting and emergency services
2784	2784	13 fund established under section 8(a)(1) of this chapter, or if
2785	2785	14 applicable, the county firefighting fund established under section
2786	2786	15 8(a)(2)(A) of this chapter if the purpose of the donation is for
2787	2787	16 firefighting, or the township emergency services fund established
2788	2788	17 under section 8(a)(2)(B) of this chapter if the purpose of the
2789	2789	18 donation is for emergency services. A person may donate partial
2790	2790	19 payment of a purchase of firefighting or emergency services
2791	2791	20 equipment made by the county.
2792	2792	21 Sec. 10. (a) For counties and municipalities that elect to have the
2793	2793	22 county provide fire protection and emergency services under
2794	2794	23 section 6(d) of this chapter, the department of local government
2795	2795	24 finance shall adjust each county's and each municipality's
2796	2796	25 maximum permissible levy in the year following the year in which
2797	2797	26 the change is elected, as determined under IC 6-1.1-18.5-3, to
2798	2798	27 reflect the change from providing fire protection or emergency
2799	2799	28 services under a contract between the municipality and the county
2800	2800	29 to allowing the county to impose a property tax levy on the taxable
2801	2801	30 property located within the corporate boundaries of each
2802	2802	31 municipality. Each municipality's maximum permissible property
2803	2803	32 tax levy shall be reduced by the amount of the municipality's
2804	2804	33 property tax levy that was imposed by the municipality to meet the
2805	2805	34 obligations to the county under the fire protection or emergency
2806	2806	35 services contract. The county's maximum permissible property tax
2807	2807	36 levy shall be increased by the product of:
2808	2808	37 (1) one and five-hundredths (1.05); multiplied by
2809	2809	38 (2) the amount the county received:
2810	2810	39 (A) in the year in which the change is elected; and
2811	2811	40 (B) as fire protection or emergency services contract
2812	2812	41 payments from all municipalities whose levy is decreased
2813	2813	42 under this section.
2814	2814	2025 IN 1233—LS 7512/DI 87 66
2815	2815	1 (b) For purposes of determining a county's or municipality's
2816	2816	2 maximum permissible ad valorem property tax levy under
2817	2817	3 IC 6-1.1-18.5-3 for years following the first year after the year in
2818	2818	4 which the change is elected, a county's or municipality's maximum
2819	2819	5 permissible ad valorem property tax levy is the levy after the
2820	2820	6 adjustment made under subsection (a).
2821	2821	7 Sec. 11. After a sufficient appropriation has been made and
2822	2822	8 approved and is available for the purchase of firefighting
2823	2823	9 apparatus and equipment, including housing, the county executive,
2824	2824	10 with the approval of the county fiscal body, may purchase
2825	2825	11 firefighting apparatus and equipment for the county on an
2826	2826	12 installment conditional sale or mortgage contract running for a
2827	2827	13 period not exceeding:
2828	2828	14 (1) six (6) years; or
2829	2829	15 (2) fifteen (15) years for a county that is purchasing the
2830	2830	16 firefighting equipment with funding from the:
2831	2831	17 (A) state or its instrumentalities; or
2832	2832	18 (B) federal government or its instrumentalities.
2833	2833	19 The purchase must be amortized in equal or approximately equal
2834	2834	20 installments payable on January 1 and July 1 each year.
2835	2835	21 Sec. 12. (a) Subject to section 13 of this chapter and subject to
2836	2836	22 approval of the county fiscal body, the county executive, on behalf
2837	2837	23 of the county, also may borrow the money necessary to make a
2838	2838	24 purchase of firefighting apparatus and equipment from a financial
2839	2839	25 institution in Indiana on the terms described in section 11 of this
2840	2840	26 chapter. The county executive shall, on behalf of the county,
2841	2841	27 execute and deliver to the institution the negotiable note or bond of
2842	2842	28 the county for the sum borrowed. The note or bond must bear
2843	2843	29 interest, with both principal and interest payable in equal or
2844	2844	30 approximately equal installments on January 1 and July 1 each
2845	2845	31 year over a period not exceeding six (6) years.
2846	2846	32 (b) The first installment of principal and interest on a contract,
2847	2847	33 chattel mortgage, note, or bond is due on the next January 1 or
2848	2848	34 July 1 following the first tax collection for which it is possible for
2849	2849	35 the county to levy a tax. The county fiscal body shall levy a tax each
2850	2850	36 year sufficient to pay the obligation according to its terms and shall
2851	2851	37 appropriate the proceeds of the tax for this purpose. An obligation
2852	2852	38 of the county executed under this chapter is a valid and binding
2853	2853	39 obligation of the county.
2854	2854	40 Sec. 13. (a) If the county executive determines that money
2855	2855	41 should be borrowed under section 12 of this chapter, not less than
2856	2856	42 ten (10) taxpayers in the county who disagree with the
2857	2857	2025 IN 1233—LS 7512/DI 87 67
2858	2858	1 determination may file a petition in the office of the county auditor
2859	2859	2 not more than thirty (30) days after notice of the determination is
2860	2860	3 given. The petition must state the taxpayers' objections and the
2861	2861	4 reasons why the taxpayers believe the borrowing to be unnecessary
2862	2862	5 or unwise.
2863	2863	6 (b) The county auditor shall immediately certify a copy of the
2864	2864	7 petition, together with other data necessary to present the
2865	2865	8 questions involved, to the department of local government finance.
2866	2866	9 Upon receipt of the certified petition and other data, the
2867	2867	10 department of local government finance shall fix a date, time, and
2868	2868	11 place for the hearing of the matter. The hearing shall be held not
2869	2869	12 less than five (5) days and not more than thirty (30) days after the
2870	2870	13 receipt of the certified documents.
2871	2871	14 (c) The hearing may be held in the county where the petition
2872	2872	15 arose or through electronic means.
2873	2873	16 (d) Notice of the hearing shall be given by the department of
2874	2874	17 local government finance to the county and to the first ten (10)
2875	2875	18 petitioners listed on the petition by letter. The letter shall be sent
2876	2876	19 to each of the first ten (10) petitioners at the petitioner's usual
2877	2877	20 place of residence at least five (5) days before the date of the
2878	2878	21 hearing.
2879	2879	22 (e) A:
2880	2880	23 (1) taxpayer who signed a petition filed under subsection (a);
2881	2881	24 or
2882	2882	25 (2) county against which a petition under subsection (a) is
2883	2883	26 filed;
2884	2884	27 may petition for judicial review of the final determination of the
2885	2885	28 department of local government finance under this section. The
2886	2886	29 petition must be filed in the tax court not more than forty-five (45)
2887	2887	30 days after the date of the department's final determination.
2888	2888	31 Sec. 14. (a) All purchases of firefighting apparatus and
2889	2889	32 equipment under this chapter shall be made in the manner
2890	2890	33 provided by statute for the purchase of county supplies. If the
2891	2891	34 amount involved is sufficient to require notice under statutes for
2892	2892	35 bids in connection with the purchase of apparatus or equipment,
2893	2893	36 the notice must offer all bidders the opportunity of proposing to
2894	2894	37 sell the apparatus or equipment to the county upon a conditional
2895	2895	38 sale or mortgage contract.
2896	2896	39 (b) A bidder proposing to sell on a conditional sale or mortgage
2897	2897	40 contract shall state in the bidder's bid the proposed interest rate
2898	2898	41 and terms of the conditional sale or contract, to be considered by
2899	2899	42 the county executive and legislative body in determining the best
2900	2900	2025 IN 1233—LS 7512/DI 87 68
2901	2901	1 bid received.
2902	2902	2 (c) All bids submitted must specify the cash price at which the
2903	2903	3 bidder proposes to sell the apparatus or equipment to the county
2904	2904	4 so that the executive and legislative body may determine whether
2905	2905	5 it is in the best interest of the county to purchase the apparatus or
2906	2906	6 equipment on the terms of a conditional sale or mortgage contract
2907	2907	7 proposed by the bidder or to purchase the apparatus or equipment
2908	2908	8 for cash if sufficient funds are available or can be raised by
2909	2909	9 negotiating a loan with a financial institution in accordance with
2910	2910	10 section 12 of this chapter.
2911	2911	11 Sec. 15. A county having a regularly organized fire department
2912	2912	12 employing full-time firefighters may procure at the county's
2913	2913	13 expense:
2914	2914	14 (1) an insurance policy for each member of the fire
2915	2915	15 department insuring the member against loss of life or
2916	2916	16 dismemberment while in the performance of regularly
2917	2917	17 assigned duties; and
2918	2918	18 (2) group insurance providing supplemental income
2919	2919	19 protection for a member of the fire department who has been
2920	2920	20 injured during the course of employment.
2921	2921	21 The insurance coverage shall be selected with the consent of the
2922	2922	22 members and is supplemental to other benefits provided to an
2923	2923	23 injured member by law.
2924	2924	24 Sec. 16. (a) A county shall pay for the care of a full-time, paid
2925	2925	25 firefighter who suffers:
2926	2926	26 (1) an injury; or
2927	2927	27 (2) contracts an illness;
2928	2928	28 during the performance of the firefighter's duty.
2929	2929	29 (b) The county shall pay for the following expenses incurred by
2930	2930	30 a firefighter described in subsection (a):
2931	2931	31 (1) Medical and surgical care.
2932	2932	32 (2) Medicines and laboratory, curative, and palliative agents
2933	2933	33 and means.
2934	2934	34 (3) X-ray, diagnostic, and therapeutic service, including
2935	2935	35 during the recovery period.
2936	2936	36 (4) Hospital and special nursing care if the physician or
2937	2937	37 surgeon in charge considers it necessary for proper recovery.
2938	2938	38 (c) Expenditures required by subsection (a) shall be paid from
2939	2939	39 the county firefighting and emergency services fund established by
2940	2940	40 section 8(a)(1) of this chapter or the county firefighting fund
2941	2941	41 established in section 8(a)(2)(A) of this chapter, as applicable.
2942	2942	42 (d) A county that has paid for the care of a firefighter under
2943	2943	2025 IN 1233—LS 7512/DI 87 69
2944	2944	1 subsection (a) has a cause of action for reimbursement of the
2945	2945	2 amount paid under subsection (a) against any third party against
2946	2946	3 whom the firefighter has a cause of action for an injury sustained
2947	2947	4 because of, or an illness caused by, the third party. The county's
2948	2948	5 cause of action under this subsection is in addition to, and not in
2949	2949	6 lieu of, the cause of action of the firefighter against the third party.
2950	2950	7 Sec. 17. Notwithstanding any other law, a county fiscal body
2951	2951	8 may after December 31, 2026, authorize the county executive to
2952	2952	9 borrow a specified sum from a county fund other than:
2953	2953	10 (1) the county firefighting and emergency services fund
2954	2954	11 established by section 8(a)(1) of this chapter; or
2955	2955	12 (2) the county firefighting fund established in section
2956	2956	13 8(a)(2)(A) of this chapter and county emergency services fund
2957	2957	14 established under section 8(a)(2)(B) of this chapter;
2958	2958	15 as applicable, if the county fiscal body finds that an emergency
2959	2959	16 requiring the expenditure of money is related to paying the
2960	2960	17 operating expenses of a county fire department or a volunteer fire
2961	2961	18 department. The county fiscal body shall provide for payment of
2962	2962	19 the debt by imposing a levy to the credit of the fund from which the
2963	2963	20 amount was borrowed under this subsection.
2964	2964	21 SECTION 64. IC 36-8-14-1 IS AMENDED TO READ AS
2965	2965	22 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. (a) Except as
2966	2966	23 provided in subsection (b), this chapter applies to all units except
2967	2967	24 counties.
2968	2968	25 (b) After December 31, 2026, this chapter also applies to
2969	2969	26 counties not having a consolidated city. However, a county may,
2970	2970	27 before January 1, 2027, take any action required under this
2971	2971	28 chapter that is necessary to provide for the cumulative building
2972	2972	29 and equipment fund to be established in 2027 and to impose the
2973	2973	30 property tax levy under this chapter beginning in 2027.
2974	2974	31 SECTION 65. IC 36-8-14-2 IS AMENDED TO READ AS
2975	2975	32 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. (a) As used in this
2976	2976	33 section, "emergency medical services" has the meaning set forth in
2977	2977	34 IC 16-18-2-110.
2978	2978	35 (b) As used in this section, "volunteer fire department" has the
2979	2979	36 meaning set forth in IC 36-8-12-2.
2980	2980	37 (c) The legislative body of a unit or the board of fire trustees of a
2981	2981	38 fire protection district may provide a cumulative building and
2982	2982	39 equipment fund under IC 6-1.1-41 for the following purposes:
2983	2983	40 (1) The:
2984	2984	41 (A) purchase, construction, renovation, or addition to
2985	2985	42 buildings; or
2986	2986	2025 IN 1233—LS 7512/DI 87 70
2987	2987	1 (B) purchase of land;
2988	2988	2 used by the fire department or a volunteer fire department serving
2989	2989	3 the unit.
2990	2990	4 (2) The purchase of firefighting equipment for use of the fire
2991	2991	5 department or a volunteer fire department serving the unit,
2992	2992	6 including making the required payments under a lease rental with
2993	2993	7 option to purchase agreement made to acquire the equipment.
2994	2994	8 (3) In a municipality, the purchase of police radio equipment.
2995	2995	9 (4) The:
2996	2996	10 (A) purchase, construction, renovation, or addition to a
2997	2997	11 building;
2998	2998	12 (B) purchase of land; or
2999	2999	13 (C) purchase of equipment;
3000	3000	14 for use of a provider of emergency medical services under
3001	3001	15 IC 16-31-5 to the unit establishing the fund.
3002	3002	16 (d) In addition to the requirements of IC 6-1.1-41, before a
3003	3003	17 cumulative fund may be established by a township fire protection
3004	3004	18 district, the county legislative body which appoints the trustees of the
3005	3005	19 fire protection district must approve the establishment of the fund.
3006	3006	20 (e) This subsection does not apply to a county having a
3007	3007	21 consolidated city. The following apply on January 1, 2027:
3008	3008	22 (1) A cumulative building and equipment fund is established
3009	3009	23 for each county. The adoption and approval provisions of
3010	3010	24 IC 6-1.1-41 do not apply to the establishment of the fund
3011	3011	25 under this subsection. The provisions of IC 6-1.1-41
3012	3012	26 concerning the adoption of a tax levy apply to the fund.
3013	3013	27 However, a county may before January 1, 2027, take any
3014	3014	28 action required under this chapter that is necessary to provide
3015	3015	29 for the cumulative building and equipment fund to be
3016	3016	30 established in 2027 and to impose the property tax levy under
3017	3017	31 this chapter beginning in 2027.
3018	3018	32 (2) Each cumulative building and equipment fund established
3019	3019	33 by a township in the county is abolished, and the balance in
3020	3020	34 the township's cumulative building and equipment fund shall
3021	3021	35 be transferred to the county's cumulative building and
3022	3022	36 equipment fund established under subdivision (1).
3023	3023	37 SECTION 66. IC 36-8-14-4 IS AMENDED TO READ AS
3024	3024	38 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4. (a) To provide for
3025	3025	39 the cumulative building and equipment fund established under this
3026	3026	40 chapter, the legislative body may levy a tax on all taxable property
3027	3027	41 within the taxing district in compliance with IC 6-1.1-41. The tax rate
3028	3028	42 may not exceed three and thirty-three hundredths cents ($0.0333) on
3029	3029	2025 IN 1233—LS 7512/DI 87 71
3030	3030	1 each one hundred dollars ($100) of assessed valuation of property in
3031	3031	2 the taxing district.
3032	3032	3 (b) As the tax is collected, it shall be deposited in a qualified public
3033	3033	4 depository or depositories and held in a special fund to be known as:
3034	3034	5 (1) the "building or remodeling, firefighting, and police radio
3035	3035	6 equipment fund" in the case of a municipality; or as
3036	3036	7 (2) the "building or remodeling and fire equipment fund" in the
3037	3037	8 case of a township, a county (after December 31, 2026, in the
3038	3038	9 case of a county not having a consolidated city), or a fire
3039	3039	10 protection district.
3040	3040	11 SECTION 67. IC 36-8-19-4.5 IS ADDED TO THE INDIANA
3041	3041	12 CODE AS A NEW SECTION TO READ AS FOLLOWS
3042	3042	13 [EFFECTIVE JULY 1, 2025]: Sec. 4.5. (a) This section does not
3043	3043	14 apply to townships in a county having a consolidated city.
3044	3044	15 (b) On January 1, 2027, all fire protection territories in the
3045	3045	16 county are dissolved as provided in IC 36-8-13.7.
3046	3046	17 SECTION 68. IC 36-12-1-15 IS ADDED TO THE INDIANA
3047	3047	18 CODE AS A NEW SECTION TO READ AS FOLLOWS
3048	3048	19 [EFFECTIVE JULY 1, 2025]: Sec. 15. The following occurs after
3049	3049	20 December 31, 2026, in a county not having a consolidated city:
3050	3050	21 (1) The powers and duties of a township trustee concerning
3051	3051	22 public libraries, library districts, or provision or receipt of
3052	3052	23 library services by contract under this article are transferred
3053	3053	24 to the county trustee.
3054	3054	25 (2) All responsibilities and obligations of a township
3055	3055	26 government with respect to a public library, a library district,
3056	3056	27 or provision or receipt of library services by contract are
3057	3057	28 assumed by the county.
3058	3058	29 (3) The dissolution of township government under IC 36-6.1
3059	3059	30 does not automatically terminate a public library, library
3060	3060	31 district, or contract for provision or receipt of library services
3061	3061	32 in existence on December 31, 2026. However, after December
3062	3062	33 31, 2026, a county legislative body may withdraw as otherwise
3063	3063	34 provided in this chapter from a library district.
3064	3064	35 SECTION 69. [EFFECTIVE JULY 1, 2025] (a) The legislative
3065	3065	36 services agency shall prepare, as directed by the legislative council,
3066	3066	37 legislation for introduction in the 2026 regular session of the
3067	3067	38 general assembly to organize and correct statutes affected by this
3068	3068	39 act, if necessary.
3069	3069	40 (b) This SECTION expires July 1, 2027.
3070	3070	2025 IN 1233—LS 7512/DI 87