Ind. Code ch. 36-6-1.7

in effect

Ind. Code § 36-6-1.7-1 Applicability

Sec. 1. This chapter does not apply to a county having a consolidated city. As added by P.L.134-2026, SEC.9.

Ind. Code § 36-6-1.7-2 "Department"

Sec. 2. As used in this chapter, "department" means the department of local government finance. As added by P.L.134-2026, SEC.9.

Ind. Code § 36-6-1.7-3 "Designated township"

Sec. 3. As used in this chapter, "designated township" means a township government that has at least four (4) points assigned by the department under section 9 of this chapter. As added by P.L.134-2026, SEC.9.

Ind. Code § 36-6-1.7-4 "New township government"

Sec. 4. As used in this chapter, "new township government" means the township government that results from the merger of at least two (2) township governments under this chapter using the procedure set forth in IC 36-6-1.5. As added by P.L.134-2026, SEC.9.

Ind. Code § 36-6-1.7-5 "Recipient township"

Sec. 5. As used in this chapter, "recipient township" means a township government that has not more than three (3) points assigned by the department under section 9 of this chapter. As added by P.L.134-2026, SEC.9.

Ind. Code § 36-6-1.7-6 "State agency"

Sec. 6. (a) As used in this chapter, "state agency" means an authority, board, branch, commission, committee, department, division, or other instrumentality of the executive, including the administrative department of state government. (b) The term does not include the following: (1) The legislative department of state government. (2) The judicial department of state government. (3) A state educational institution. (4) A body corporate and politic created by statute. As added by P.L.134-2026, SEC.9.

Ind. Code § 36-6-1.7-7 Compiling township information

Sec. 7. (a) The department shall compile the information in section 8 of this chapter for each township government. (b) Any state agency having: (1) data; or (2) information relevant to developing the data; required to prepare the list under section 9 of this chapter, as determined by the department, shall provide the information to the department in a timely manner. As added by P.L.134-2026, SEC.9.

Ind. Code § 36-6-1.7-8 Assigning points to townships

Sec. 8. The department shall use the compiled data to assign points to each township government as follows: (1) Two (2) points if a township government did not provide township assistance in calendar years 2023 and 2024 as provided in the annual reports submitted under IC 12-20-28-3 to the state board of accounts. The state board of accounts shall provide this information to the department. (2) One (1) point if a township government does not actively manage fire protection or emergency medical services within the township on January 1, 2025. A township does not actively manage fire protection or emergency medical services if: (A) the township government does not allocate funds for fire protection or emergency medical services; (B) the township government is not a provider unit in a fire protection territory; or (C) at least seventy-five percent (75%) of the non-capital and non-debt service expenses expended from: (i) the township government's firefighting and emergency services fund or the firefighting fund and emergency services fund under IC 36-8-13-4; or (ii) the fire protection territory fund under IC 36-8-19-8, if the township government is a provider unit in a fire protection territory; were payments to other governmental units, a volunteer fire department, or an independent fire company. (3) One (1) point for each year that a township government did not file an annual finance report with the state board of accounts in 2023 or 2024. (4) One (1) point for each year a township government did not file all required monthly upload reports as required by directive of the state board of accounts in 2024 or 2025. (5) One (1) point if the township's annual appropriations and annual tax levy for 2023 were continued for the 2024 budget year under IC 6-1.1-17-3(d) or IC 6-1.1-17-5(f), as applicable. (6) One (1) point if the township's annual appropriations and annual tax levy for 2024 were continued for the 2025 budget year under IC 6-1.1-17-3(d) or IC 6-1.1-17-5(f), as applicable. (7) One (1) point if the sum of township assistance applications received by the township government in 2023 and 2024 is less than twenty-four (24) township assistance applications as provided in the annual reports submitted under IC 12-20-28-3 to the state board of accounts. The state board of accounts shall provide this information to the department. (8) One (1) point for a township government that has a certified budget of less than one hundred thousand dollars ($100,000) for calendar year 2025. (9) A maximum of one (1) point if: (A) a township did not have a candidate on the election ballot for the office of township trustee in either the 2018 or 2022 general election; or (B) a vacancy on July 1, 2026, in the position of township trustee has been vacant for at least thirty (30) calendar days. However, a point may not be assigned to a township under clause (A) if the township did not have a candidate on the ballot in the 2018 or 2022 general election for the office of township trustee and the office was timely filled under IC 3-13-10 or IC 3-13-11 (whichever is applicable) before the date of the first meeting of the township board that is required under IC 36-6-6-7 in the year following the general election. The election division (as defined in IC 3-5-2.1-37) shall, in consultation with the department, provide information available to the election division necessary for the department to carry out the requirements of this subdivision. (10) A maximum of one (1) point if: (A) a township did not have a candidate on the election ballot for all offices of the township board in either the 2018 or 2022 general election; or (B) on July 1, 2026, there is at least one (1) vacancy on the township board that has been vacant for at least thirty (30) calendar days. However, a point may not be assigned to a township under clause (A) if the township did not have a candidate on the ballot in the 2018 or 2022 general election for at least one (1) township board member office and the office was timely filled under IC 3-13-10 or IC 3-13-11 (whichever is applicable) before the date of the first meeting that is required under IC 36-6-6-7 in the year following the general election. The election division (as defined in IC 3-5-2.1-37) shall, in consultation with the department, provide information available to the election division necessary for the department to carry out the requirements of this subdivision. As added by P.L.134-2026, SEC.9.

Ind. Code § 36-6-1.7-9 Identifying townships for merger or reorganization

Sec. 9. (a) The department shall: (1) assign points under section 8(1) through 8(10) of this chapter for each township government; and (2) determine the sum of points for each township government. A township assigned at least four (4) points is considered a designated township. (b) The department shall prepare a list of townships organized: (1) by county; and (2) in descending order of the townships in the county having the most points to the townships in the county having the least points. (c) The list prepared under subsection (b) shall specify which designated township satisfies all of the following criteria: (1) At least eighty percent (80%) of the township's boundaries coincide with a municipality's boundaries. (2) At least fifty-one percent (51%) of the township's population resides within the corporate boundaries of a municipality described in subdivision (1). (d) Not later than December 31, 2026, the department shall: (1) submit the list to the legislative council in an electronic format under IC 5-14-6; and (2) post the list on the department's website. As added by P.L.134-2026, SEC.9.

Ind. Code § 36-6-1.7-10 Township petition to reconsider point total

Sec. 10. (a) Not later than March 31, 2027, a township that has been assigned four (4) or more points may file a petition with the department to reconsider and amend the township's point total on the grounds that the point total is incorrect or because compliance with a requirement set forth in section 8(1) through 8(10) of this chapter was not possible due to a disaster (as defined in IC 10-14-3-1) that significantly disrupted operations and reporting requirements of the township and the township was assigned a point by the department under section 8 of this chapter. The petition must be accompanied by evidence supporting the grounds for the petition. (b) Not later than June 30, 2027, the department shall issue a written determination on all petitions received by the department. The department's determination on a petition is final and conclusive and may not be appealed. As added by P.L.134-2026, SEC.9.

Ind. Code § 36-6-1.7-11 Correction of point totals

Sec. 11. (a) This section applies if any township point totals are corrected by the department under section 10 of this chapter. (b) Not later than July 1, 2027, the department shall: (1) submit the final list to the legislative council in an electronic format under IC 5-14-6; and (2) post the final list on the department's website. As added by P.L.134-2026, SEC.9.

Ind. Code § 36-6-1.7-12 Posting of final list of township point totals

Sec. 12. (a) If none of the township point totals are corrected by the department, the list that was posted under section 9(d) of this chapter is the final list and may not be appealed. (b) The department shall post on the department's website each: (1) petition filed under section 10(a) of this chapter; and (2) written determination issued by the department under section 10(b) of this chapter. As added by P.L.134-2026, SEC.9.

Ind. Code § 36-6-1.7-13 Criteria determining whether a township will merge or reorganize

Sec. 13. A designated township: (1) that satisfies the criteria specified in section 9(c) of this chapter shall reorganize in accordance with IC 36-1.5-4.1; and (2) that does not satisfy the criteria specified in section 9(c) of this chapter shall, except as otherwise provided, merge with another township in accordance with section 14 of this chapter. As added by P.L.134-2026, SEC.9.

Ind. Code § 36-6-1.7-14 Merger requirements

Sec. 14. (a) Using the process set forth in IC 36-6-1.5, each designated township, excluding any township that has commenced a merger or consolidation under IC 36-1.5-4 or IC 36-6-1.5 with another unit before July 1, 2027, must merge with at least one (1) other township government in the county. After all township mergers in accordance with this section are complete, a county must have at least two (2) townships. The following requirements apply to each merger: (1) Except as provided in subdivision (2), at least one (1) township government that merges with a designated township must be a recipient township. (2) If all townships in a county are designated townships, the county executive shall select two (2) of the designated townships participating in the merger to form a new township government to perform the functions of a recipient township. (3) The merger must satisfy the contiguity requirements set forth in IC 36-6-1.5-4. (b) The department may require a county executive to report actions taken by a county executive under subsection (a) to the department in a manner and on forms prescribed by the department. As added by P.L.134-2026, SEC.9.

Ind. Code § 36-6-1.7-15 Meeting of township trustees

Sec. 15. Not later than August 1, 2027, the county executive body shall conduct a public meeting of all township trustees within the county to discuss the merger. As added by P.L.134-2026, SEC.9.

Ind. Code § 36-6-1.7-16 County executive determination of mergers

Sec. 16. (a) The county executive shall determine which township governments will merge. The county executive's decision shall: (1) take into account the wishes of the designated townships and recipient townships; and (2) comply with the requirements of section 14 of this chapter. (b) Not later than October 1, 2027, the county executive shall adopt a resolution that names the township governments that will merge. (c) The new township government shall certify the final action in the manner prescribed by the department to each of the following: (1) The county legislative body. (2) The county executive body. (3) The clerk of the circuit court. (4) The county fiscal officer. (5) The county recorder. (6) The county voter registration office. (7) The secretary of state's office. As added by P.L.134-2026, SEC.9.

Ind. Code § 36-6-1.7-17 Information submitted to department

Sec. 17. (a) Not later than February 28, 2028, the following must be submitted to the department: (1) The resolutions adopted by the participating townships and submitted by the township trustees under IC 36-6-1.5-5(d). (2) The estimated budget and proposed tax rate and tax levy of the new township government for the 2029 budget year, submitted by the township trustee of the recipient township. (b) The information under subsection (a) shall be submitted on any forms prescribed by the department for a merger under IC 36-6-1.5-12. As added by P.L.134-2026, SEC.9.

Ind. Code § 36-6-1.7-18 New township government budget, tax rate, and levy

Sec. 18. The department shall certify a new township government's budget, tax rate, and levy as set forth in IC 6-1.1-17-16. The department shall not approve a new township government's maximum permissible ad valorem property tax levy under IC 6-1.1-18.5 for taxes first due and payable in 2029 that exceeds the result of: (1) the sum of the maximum permissible ad valorem property tax levies of the designated townships and recipient township participating in the merger for taxes first due and payable in 2028; multiplied by (2) the maximum levy growth quotient under IC 6-1.1-18.5-2 for property taxes first due and payable in 2029. As added by P.L.134-2026, SEC.9.

Ind. Code § 36-6-1.7-19 Mergers effective not later than January 1, 2029

Sec. 19. All township government mergers under this chapter must be effective not later than January 1, 2029. As added by P.L.134-2026, SEC.9.

Ind. Code § 36-6-1.7-20 Responsibility for merger costs

Sec. 20. The new township government shall pay all costs associated with the merger. As added by P.L.134-2026, SEC.9.

Ind. Code § 36-6-1.7-21 Interim new township government offices

Sec. 21. After the effective date of a merger under this chapter and not later than December 31, 2030, the new township government shall consist of the following: (1) The township trustee of the recipient township shall serve as the executive of the new township government. If the merger consists of more than one (1) recipient township: (A) the township trustee of the recipient township with the least number of points; or (B) the township trustee of the recipient township designated by the county executive body, if all recipient townships participating in the merger have the same number of points; shall serve as the executive of the new township government. (2) The township legislative body of the recipient township and one (1) board member of each of the other townships participating in the merger (selected by majority vote of the members of the designated township's legislative body) shall serve as the legislative body of the new township government. If the merger consists of more than one (1) recipient township: (A) the township board of the recipient township with the least number of points; or (B) the township board of the recipient township designated by the county executive body, if all recipient townships participating in the merger have the same number of points; shall serve as the legislative body of the new township government. As added by P.L.134-2026, SEC.9.

Ind. Code § 36-6-1.7-22 No effect on office of township assessor

Sec. 22. Notwithstanding IC 36-6-1.5-8, a township merger under this chapter does not affect the office of township assessor. After a merger, the township assessor remains the elected township assessor for the territory within the geographical boundaries of the township assessor's former township. Only voters residing within the boundaries of the township assessor's former township may elect the office of the township assessor. As added by P.L.134-2026, SEC.9.

Ind. Code § 36-6-1.7-23 Election of new township government offices

Sec. 23. A township trustee and township board of the new township government shall be elected in the general election in 2030 in accordance with IC 36-6-6-2.1 and IC 36-6-6-3. A township assessor, if any, shall be elected only for the area within the geographical boundaries of the township assessor's former township under IC 36-6-5-1. As added by P.L.134-2026, SEC.9.

Ind. Code § 36-6-1.7-24 Report by county executive

Sec. 24. (a) Each county executive body shall prepare a report, on a form prescribed by the department, containing the following information: (1) The number of townships in the county as of January 1, 2027. (2) The number of townships in the county after mergers are carried out under this chapter. (3) A map of the townships in the county as of January 1, 2027. (4) A map of the townships after mergers are carried out under this chapter. (5) An explanation of which townships are to merge. (6) An explanation of how the mergers will impact fire protection operations and services within the county. (7) An explanation of how the mergers will impact emergency medical service operations and coverage within the county. (8) An explanation of any cost savings that will be realized as a result of the mergers. (b) Not later than January 1, 2028, the county executive body shall submit the report to: (1) the executive director of the legislative services agency in an electronic format under IC 5-14-6; and (2) the department. As added by P.L.134-2026, SEC.9.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/36Fetched: 10/17/2026