Indiana 2025 Regular Session

Indiana Senate Bill SB0351 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	ES0351.1
	2	+	March 20, 2025
	3	+	ENGROSSED
	4	+	SENATE BILL No. 351
	5	+	_____
	6	+	DIGEST OF SB 351 (Updated March 18, 2025 8:55 am - DI 116)
	7	+	Citations Affected: IC 36-10.
	8	+	Synopsis: Municipal parks and recreation board. Allows a resident of
	9	+	the library district to be appointed to the parks and recreation board of
	10	+	a third class city or a town.
	11	+	Effective: July 1, 2025.
	12	+	Gaskill, Niemeyer
	13	+	(HOUSE SPONSOR — LAWSON)
	14	+	January 14, 2025, read first time and referred to Committee on Local Government.
	15	+	February 10, 2025, amended, reported favorably — Do Pass.
	16	+	February 13, 2025, read second time, ordered engrossed. Engrossed.
	17	+	February 18, 2025, read third time, passed. Yeas 49, nays 0.
	18	+	HOUSE ACTION
	19	+	March 3, 2025, read first time and referred to Committee on Local Government.
	20	+	March 20, 2025, amended, reported — Do Pass.
	21	+	ES 351—LS 6919/DI 87 March 20, 2025
1	22		First Regular Session of the 124th General Assembly (2025)
2	23		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	24		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	25		additions will appear in this style type, and deletions will appear in this style type.
5	26		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	27		provision adopted), the text of the new provision will appear in this style type. Also, the
7	28		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	29		a new provision to the Indiana Code or the Indiana Constitution.
9	30		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	31		between statutes enacted by the 2024 Regular Session of the General Assembly.
11		-	SENATE ENROLLED ACT No. 351
12		-	AN ACT to amend the Indiana Code concerning local government.
	32	+	ENGROSSED
	33	+	SENATE BILL No. 351
	34	+	A BILL FOR AN ACT to amend the Indiana Code concerning local
	35	+	government.
13	36		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 36-10-3-4, AS AMENDED BY P.L.75-2019,
15		-	SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16		-	JULY 1, 2025]: Sec. 4. (a) This subsection applies only in a third class
17		-	city. A city board consists of four (4) members to be appointed by the
18		-	city executive. The members shall be appointed on the basis of their
19		-	interest in and knowledge of parks and recreation. In addition, the
20		-	creating ordinance may provide for one (1) or two (2) additional
21		-	members, those being:
22		-	(1) either: a member selected by the governing body of the
23		-	school corporation who is:
24		-	(A) a member of the governing body of the school corporation,
25		-	serving ex officio; selected by the governing body of the
26		-	school corporation; or
27		-	(B) an individual who resides in the school corporation;
28		-	selected by the governing body of the school corporation;
29		-	(2) a member selected by the governing body of the library
30		-	district who is:
31		-	(A) a member of the governing body of the library district,
32		-	serving ex officio; selected by that body; or
33		-	(B) an individual who resides in the library district; or
34		-	(3) individuals under both subdivisions (1) and (2).
35		-	(b) This subsection applies in a county containing a consolidated
36		-	SEA 351 — Concur 2
37		-	city and in a second class city. A city board consists of four (4)
38		-	members to be appointed by the city executive. The members shall be
39		-	appointed on the basis of their interest in and knowledge of parks and
40		-	recreation, but no more than two (2) members may be affiliated with
41		-	the same political party. In addition, the creating ordinance may
42		-	provide for one (1) or two (2) additional members, those being:
43		-	(1) either:
44		-	(A) a member of the governing body of the school corporation,
45		-	serving ex officio, selected by the governing body of the
46		-	school corporation; or
47		-	(B) an individual who resides in the school corporation,
48		-	selected by the governing body of the school corporation;
49		-	(2) a member of the governing body of the library district, serving
50		-	ex officio, selected by that body; or
51		-	(3) individuals described in both subdivisions (1) and (2).
52		-	(c) A town board consists of four (4) members to be appointed by
53		-	the town legislative body. The members shall be appointed on the basis
54		-	of their interest in and knowledge of parks and recreation. Except as
55		-	provided in section 4.1 of this chapter, not more than two (2) members
56		-	may be affiliated with the same political party. Members of the board
57		-	must be residents of the district. In addition, the creating ordinance
58		-	may provide for one (1) or two (2) additional members, those being:
59		-	(1) a member:
60		-	(A) of the governing body of the school corporation, serving
61		-	ex officio, selected by that body; or
62		-	(B) designated by the governing body of the school
63		-	corporation;
64		-	(2) a member of selected by the governing body of the library
65		-	district serving who is:
	37	+	1 SECTION 1. IC 36-10-3-4, AS AMENDED BY P.L.75-2019,
	38	+	2 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	39	+	3 JULY 1, 2025]: Sec. 4. (a) This subsection applies only in a third class
	40	+	4 city. A city board consists of four (4) members to be appointed by the
	41	+	5 city executive. The members shall be appointed on the basis of their
	42	+	6 interest in and knowledge of parks and recreation. In addition, the
	43	+	7 creating ordinance may provide for one (1) or two (2) additional
	44	+	8 members, those being:
	45	+	9 (1) either: a member selected by the governing body of the
	46	+	10 school corporation who is:
	47	+	11 (A) a member of the governing body of the school corporation,
	48	+	12 serving ex officio; selected by the governing body of the
	49	+	13 school corporation; or
	50	+	14 (B) an individual who resides in the school corporation;
	51	+	15 selected by the governing body of the school corporation;
	52	+	16 (2) a member selected by the governing body of the library
	53	+	17 district who is:
	54	+	ES 351—LS 6919/DI 87 2
	55	+	1 (A) a member of the governing body of the library district,
	56	+	2 serving ex officio; selected by that body; or
	57	+	3 (B) an individual who resides in the library district; or
	58	+	4 (3) individuals under both subdivisions (1) and (2).
	59	+	5 (b) This subsection applies in a county containing a consolidated
	60	+	6 city and in a second class city. A city board consists of four (4)
	61	+	7 members to be appointed by the city executive. The members shall be
	62	+	8 appointed on the basis of their interest in and knowledge of parks and
	63	+	9 recreation, but no more than two (2) members may be affiliated with
	64	+	10 the same political party. In addition, the creating ordinance may
	65	+	11 provide for one (1) or two (2) additional members, those being:
	66	+	12 (1) either:
	67	+	13 (A) a member of the governing body of the school corporation,
	68	+	14 serving ex officio, selected by the governing body of the
	69	+	15 school corporation; or
	70	+	16 (B) an individual who resides in the school corporation,
	71	+	17 selected by the governing body of the school corporation;
	72	+	18 (2) a member of the governing body of the library district, serving
	73	+	19 ex officio, selected by that body; or
	74	+	20 (3) individuals described in both subdivisions (1) and (2).
	75	+	21 (c) A town board consists of four (4) members to be appointed by
	76	+	22 the town legislative body. The members shall be appointed on the basis
	77	+	23 of their interest in and knowledge of parks and recreation. Except as
	78	+	24 provided in section 4.1 of this chapter, not more than two (2) members
	79	+	25 may be affiliated with the same political party. Members of the board
	80	+	26 must be residents of the district. In addition, the creating ordinance
	81	+	27 may provide for one (1) or two (2) additional members, those being:
	82	+	28 (1) a member:
	83	+	29 (A) of the governing body of the school corporation, serving
	84	+	30 ex officio, selected by that body; or
	85	+	31 (B) designated by the governing body of the school
	86	+	32 corporation;
	87	+	33 (2) a member of selected by the governing body of the library
	88	+	34 district serving who is:
	89	+	35 (A) a member of the governing body of the library district
	90	+	36 serving ex officio; or
	91	+	37 (B) an individual who resides in the library district; or ex
	92	+	38 officio, selected by that body; or
	93	+	39 (3) individuals under both subdivisions (1) and (2).
	94	+	40 (d) A county board shall be appointed as follows:
	95	+	41 (1) Two (2) members shall be appointed by the judge of the
	96	+	42 circuit court.
	97	+	ES 351—LS 6919/DI 87 3
	98	+	1 (2) One (1) member shall be appointed by the county executive.
	99	+	2 (3) Two (2) members shall be appointed by the county fiscal
	100	+	3 body.
	101	+	4 The members appointed under subdivisions (1), (2), and (3) shall be
	102	+	5 appointed on the basis of their interest in and knowledge of parks and
	103	+	6 recreation, but no more than one (1) member appointed under
	104	+	7 subdivisions (1) and (3) may be affiliated with the same political party.
	105	+	8 In a county having at least one (1) first or second class city, the creating
	106	+	9 ordinance must provide for one (1) ex officio board member to be
	107	+	10 appointed by the executive of that city. The member appointed by the
	108	+	11 city executive must be affiliated with a different political party than the
	109	+	12 member appointed by the county executive. However, if a county has
	110	+	13 more than one (1) such city, the executives of those cities shall agree
	111	+	14 on the member. The member serves for a term coterminous with the
	112	+	15 term of the appointing executive or executives.
	113	+	16 (e) Ex officio members have all the rights of regular members,
	114	+	17 including the right to vote. A vacancy in an ex officio position shall be
	115	+	18 filled by the appointing authority. All members serving on a county,
	116	+	19 city, or town board have the same rights, including the right to vote. A
	117	+	20 vacancy in the seat of a member shall be filled by the appointing
	118	+	21 authority.
	119	+	22 (f) A municipal executive, a member of a county fiscal body, a
	120	+	23 member of the county executive, or a member of the municipal fiscal
	121	+	24 body may not serve on a board.
	122	+	25 (g) The creating ordinance in any county may provide for:
	123	+	26 (1) the county cooperative extension coordinator;
	124	+	27 (2) the county extension educator; or
	125	+	28 (3) a member of the county extension committee selected by the
	126	+	29 committee;
	127	+	30 to serve as an ex officio member of the county board, in addition to the
	128	+	31 members provided for under subsection (d).
	129	+	32 (h) The creating ordinance in a county having no first or second
	130	+	33 class cities may provide for a member of the county board to be
	131	+	34 selected by the board of supervisors of a soil and water conservation
	132	+	35 district in which a facility of the county board is located. The member
	133	+	36 selected under this subsection is in addition to the members provided
	134	+	37 for under subsections (d) and (g).
	135	+	ES 351—LS 6919/DI 87 4
	136	+	COMMITTEE REPORT
	137	+	Mr. President: The Senate Committee on Local Government, to
	138	+	which was referred Senate Bill No. 351, has had the same under
	139	+	consideration and begs leave to report the same back to the Senate with
	140	+	the recommendation that said bill be AMENDED as follows:
	141	+	Page 2, line 33, after "member" strike "of" and insert "selected by".
	142	+	Page 2, line 33, delete ",".
	143	+	Page 2, line 33, strike "serving" and insert "who is:
66	144		(A) a member of the governing body of the library district
67	145		serving ex officio; or
68		-	(B) an individual who resides in the library district; or ex
69		-	officio, selected by that body; or
70		-	(3) individuals under both subdivisions (1) and (2).
71		-	(d) A county board shall be appointed as follows:
72		-	(1) Two (2) members shall be appointed by the judge of the
73		-	circuit court.
74		-	(2) One (1) member shall be appointed by the county executive.
75		-	(3) Two (2) members shall be appointed by the county fiscal
76		-	body.
77		-	The members appointed under subdivisions (1), (2), and (3) shall be
78		-	appointed on the basis of their interest in and knowledge of parks and
79		-	SEA 351 — Concur 3
80		-	recreation, but no more than one (1) member appointed under
81		-	subdivisions (1) and (3) may be affiliated with the same political party.
82		-	In a county having at least one (1) first or second class city, the creating
83		-	ordinance must provide for one (1) ex officio board member to be
84		-	appointed by the executive of that city. The member appointed by the
85		-	city executive must be affiliated with a different political party than the
86		-	member appointed by the county executive. However, if a county has
87		-	more than one (1) such city, the executives of those cities shall agree
88		-	on the member. The member serves for a term coterminous with the
89		-	term of the appointing executive or executives.
90		-	(e) Ex officio members have all the rights of regular members,
91		-	including the right to vote. A vacancy in an ex officio position shall be
92		-	filled by the appointing authority. All members serving on a county,
93		-	city, or town board have the same rights, including the right to vote. A
94		-	vacancy in the seat of a member shall be filled by the appointing
95		-	authority.
96		-	(f) A municipal executive, a member of a county fiscal body, a
97		-	member of the county executive, or a member of the municipal fiscal
98		-	body may not serve on a board.
99		-	(g) The creating ordinance in any county may provide for:
100		-	(1) the county cooperative extension coordinator;
101		-	(2) the county extension educator; or
102		-	(3) a member of the county extension committee selected by the
103		-	committee;
104		-	to serve as an ex officio member of the county board, in addition to the
105		-	members provided for under subsection (d).
106		-	(h) The creating ordinance in a county having no first or second
107		-	class cities may provide for a member of the county board to be
108		-	selected by the board of supervisors of a soil and water conservation
109		-	district in which a facility of the county board is located. The member
110		-	selected under this subsection is in addition to the members provided
111		-	for under subsections (d) and (g).
112		-	SEA 351 — Concur President of the Senate
113		-	President Pro Tempore
114		-	Speaker of the House of Representatives
115		-	Governor of the State of Indiana
116		-	Date: Time:
117		-	SEA 351 — Concur
	146	+	(B) an individual who resides in the library district; or".
	147	+	Page 2, strike line 34.
	148	+	and when so amended that said bill do pass.
	149	+	(Reference is to SB 351 as introduced.)
	150	+	BUCK, Chairperson
	151	+	Committee Vote: Yeas 9, Nays 0.
	152	+	_____
	153	+	COMMITTEE REPORT
	154	+	Mr. Speaker: Your Committee on Local Government, to which was
	155	+	referred Senate Bill 351, has had the same under consideration and
	156	+	begs leave to report the same back to the House with the
	157	+	recommendation that said bill be amended as follows:
	158	+	Page 2, line 39, after "(3)" insert "individuals under".
	159	+	and when so amended that said bill do pass.
	160	+	(Reference is to SB 351 as printed February 11, 2025.)
	161	+	MAY
	162	+	Committee Vote: yeas 12, nays 0.
	163	+	ES 351—LS 6919/DI 87