*ES0351.1*
March 20, 2025
ENGROSSED
SENATE BILL No. 351
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DIGEST OF SB 351 (Updated March 18, 2025 8:55 am - DI 116)
Citations Affected: IC 36-10.
Synopsis: Municipal parks and recreation board. Allows a resident of
the library district to be appointed to the parks and recreation board of
a third class city or a town.
Effective: July 1, 2025.
Gaskill, Niemeyer
(HOUSE SPONSOR — LAWSON)
January 14, 2025, read first time and referred to Committee on Local Government.
February 10, 2025, amended, reported favorably — Do Pass.
February 13, 2025, read second time, ordered engrossed. Engrossed.
February 18, 2025, read third time, passed. Yeas 49, nays 0.
HOUSE ACTION
March 3, 2025, read first time and referred to Committee on Local Government.
March 20, 2025, amended, reported — Do Pass.
ES 351—LS 6919/DI 87 March 20, 2025
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
ENGROSSED
SENATE BILL No. 351
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 36-10-3-4, AS AMENDED BY P.L.75-2019,
2 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 4. (a) This subsection applies only in a third class
4 city. A city board consists of four (4) members to be appointed by the
5 city executive. The members shall be appointed on the basis of their
6 interest in and knowledge of parks and recreation. In addition, the
7 creating ordinance may provide for one (1) or two (2) additional
8 members, those being:
9 (1) either: a member selected by the governing body of the
10 school corporation who is:
11 (A) a member of the governing body of the school corporation,
12 serving ex officio; selected by the governing body of the
13 school corporation; or
14 (B) an individual who resides in the school corporation;
15 selected by the governing body of the school corporation;
16 (2) a member selected by the governing body of the library
17 district who is:
ES 351—LS 6919/DI 87 2
1 (A) a member of the governing body of the library district,
2 serving ex officio; selected by that body; or
3 (B) an individual who resides in the library district; or
4 (3) individuals under both subdivisions (1) and (2).
5 (b) This subsection applies in a county containing a consolidated
6 city and in a second class city. A city board consists of four (4)
7 members to be appointed by the city executive. The members shall be
8 appointed on the basis of their interest in and knowledge of parks and
9 recreation, but no more than two (2) members may be affiliated with
10 the same political party. In addition, the creating ordinance may
11 provide for one (1) or two (2) additional members, those being:
12 (1) either:
13 (A) a member of the governing body of the school corporation,
14 serving ex officio, selected by the governing body of the
15 school corporation; or
16 (B) an individual who resides in the school corporation,
17 selected by the governing body of the school corporation;
18 (2) a member of the governing body of the library district, serving
19 ex officio, selected by that body; or
20 (3) individuals described in both subdivisions (1) and (2).
21 (c) A town board consists of four (4) members to be appointed by
22 the town legislative body. The members shall be appointed on the basis
23 of their interest in and knowledge of parks and recreation. Except as
24 provided in section 4.1 of this chapter, not more than two (2) members
25 may be affiliated with the same political party. Members of the board
26 must be residents of the district. In addition, the creating ordinance
27 may provide for one (1) or two (2) additional members, those being:
28 (1) a member:
29 (A) of the governing body of the school corporation, serving
30 ex officio, selected by that body; or
31 (B) designated by the governing body of the school
32 corporation;
33 (2) a member of selected by the governing body of the library
34 district serving who is:
35 (A) a member of the governing body of the library district
36 serving ex officio; or
37 (B) an individual who resides in the library district; or ex
38 officio, selected by that body; or
39 (3) individuals under both subdivisions (1) and (2).
40 (d) A county board shall be appointed as follows:
41 (1) Two (2) members shall be appointed by the judge of the
42 circuit court.
ES 351—LS 6919/DI 87 3
1 (2) One (1) member shall be appointed by the county executive.
2 (3) Two (2) members shall be appointed by the county fiscal
3 body.
4 The members appointed under subdivisions (1), (2), and (3) shall be
5 appointed on the basis of their interest in and knowledge of parks and
6 recreation, but no more than one (1) member appointed under
7 subdivisions (1) and (3) may be affiliated with the same political party.
8 In a county having at least one (1) first or second class city, the creating
9 ordinance must provide for one (1) ex officio board member to be
10 appointed by the executive of that city. The member appointed by the
11 city executive must be affiliated with a different political party than the
12 member appointed by the county executive. However, if a county has
13 more than one (1) such city, the executives of those cities shall agree
14 on the member. The member serves for a term coterminous with the
15 term of the appointing executive or executives.
16 (e) Ex officio members have all the rights of regular members,
17 including the right to vote. A vacancy in an ex officio position shall be
18 filled by the appointing authority. All members serving on a county,
19 city, or town board have the same rights, including the right to vote. A
20 vacancy in the seat of a member shall be filled by the appointing
21 authority.
22 (f) A municipal executive, a member of a county fiscal body, a
23 member of the county executive, or a member of the municipal fiscal
24 body may not serve on a board.
25 (g) The creating ordinance in any county may provide for:
26 (1) the county cooperative extension coordinator;
27 (2) the county extension educator; or
28 (3) a member of the county extension committee selected by the
29 committee;
30 to serve as an ex officio member of the county board, in addition to the
31 members provided for under subsection (d).
32 (h) The creating ordinance in a county having no first or second
33 class cities may provide for a member of the county board to be
34 selected by the board of supervisors of a soil and water conservation
35 district in which a facility of the county board is located. The member
36 selected under this subsection is in addition to the members provided
37 for under subsections (d) and (g).
ES 351—LS 6919/DI 87 4
COMMITTEE REPORT
Mr. President: The Senate Committee on Local Government, to
which was referred Senate Bill No. 351, has had the same under
consideration and begs leave to report the same back to the Senate with
the recommendation that said bill be AMENDED as follows:
Page 2, line 33, after "member" strike "of" and insert "selected by".
Page 2, line 33, delete ",".
Page 2, line 33, strike "serving" and insert "who is:
(A) a member of the governing body of the library district
serving ex officio; or
(B) an individual who resides in the library district; or".
Page 2, strike line 34.
and when so amended that said bill do pass.
(Reference is to SB 351 as introduced.)
BUCK, Chairperson
Committee Vote: Yeas 9, Nays 0.
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COMMITTEE REPORT
Mr. Speaker: Your Committee on Local Government, to which was
referred Senate Bill 351, has had the same under consideration and
begs leave to report the same back to the House with the
recommendation that said bill be amended as follows:
Page 2, line 39, after "(3)" insert "individuals under".
and when so amended that said bill do pass.
(Reference is to SB 351 as printed February 11, 2025.)
MAY
Committee Vote: yeas 12, nays 0.
ES 351—LS 6919/DI 87