IndianaHB 1161Second Regular Session 124th General Assembly (2026)House

Local government matters.

Sponsored By: Ethan Lawson (Republican)

Signed by Governor

Summary

Provides that individuals who are appointed to certain boards, committees, or other bodies in a county that does not have a consolidated city, serve at the pleasure of the appointing authority as long as: (1) the officeholder who appointed the individual continues to hold the office; or (2) the board, committee, or body that appointed the individual retains all of the same members who served when the individual was appointed. Provides that, in the case of a reorganized political subdivision, the oath of office of the town board of police commissioners is administered by any of the individuals granted notary powers. Staggers the terms of a nine member local board of health. Provides that the county executive, excluding a county containing a consolidated city, may set the salary of a county administrator subject to: (1) salary parameters established; or (2) approval; by the county fiscal body. Provides that each county executive, excluding a county containing a consolidated city and certain employees, shall adopt and maintain a written personnel policy, employee handbook, or equivalent document establishing minimum standards for county employee conduct, performance, and workplace expectations. Requires the executive of a county or municipality (unit) to preapprove any of the following actions of the unit's park and recreation board, if the cost exceeds the lesser of $500,000 or 10% of the park district's annual budget: (1) Exercising eminent domain powers. (2) Entering into a contract. (3) Acquiring real or personal property. (4) Making capital improvements. Adds public defenders to those officials whose home addresses may be restricted from public property data base websites.

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Bill Overview

Analyzed Economic Effects

15 provisions identified: 0 benefits, 4 costs, 11 mixed.

Corrections board appointees face removal discretion

Beginning July 1, 2026, county executive appointees to community corrections advisory boards face at-pleasure service in counties without a consolidated city. This authority lasts while the executive body keeps every member who served when the appointment was made.

Drainage board appointees face removal discretion

Beginning July 1, 2026, drainage board members appointed under IC 36-9-27-5(a)(2) face at-pleasure service in counties without a consolidated city. The county executive holds this removal authority while its membership remains unchanged from the appointment date.

Municipal recreation appointees face removal discretion

Beginning July 1, 2026, recreation board appointees in third-class cities and towns serve at the appointing authority's pleasure, unless law provides otherwise. This lasts while the appointing city executive stays in office or the appointing town legislative body keeps all members. Qualifying second-class cities are covered when they adopt all or part of the rule by ordinance or resolution. A separate park board rule covers municipalities over 25,000 people in counties with populations over 300,000 and under 350,000. Those park board appointees serve at the appointing executive's pleasure while that executive remains in office.

Park boards need major spending approval

Beginning July 1, 2026, park and recreation boards need each applicable local executive's approval before using eminent domain. Covered contracts, property purchases, and capital improvements also need approval when costs exceed the lesser of $500,000 or 10% of the department's annual budget. Before acting, the board must explain the cost and how it plans to pay.

Written workplace rules for county employees

Beginning July 1, 2026, covered counties must maintain written employee conduct policies, coordinating with the county fiscal body when applicable. Current and new covered employees must acknowledge receipt as a condition of employment. The policy requirement excludes counties with a consolidated city and employees of courts, probation, judicial or circuit officers, prosecutors, public defenders, community corrections, qualifying merit boards, and the state. Elected county officers or their designees retain final discipline authority over their employees, unless state law provides otherwise. County executives set county administrator salaries within limits set by the county fiscal body.

Alcohol board removal rules vary locally

Beginning July 1, 2026, appointed local alcohol board members in counties with a consolidated city can be removed only for good cause. Elsewhere, they serve at the appointing authority's pleasure while the appointing official remains or the appointing body keeps its members. When neither continuity condition remains, removal requires good cause.

Building trustees gain safeguards after turnover

Beginning July 1, 2026, covered county building authority trustees serve at the county executive's pleasure while its membership remains unchanged. This applies to executive-appointed trustees in counties without a consolidated city. After membership changes, removal requires the specified court process. Grounds include neglect of duty, incompetence, inability to perform duties, or other good cause.

Counties can share parks and taxes

Two or more counties can create an area park district through substantially identical ordinances, required publication, and filing. During the petition periods, registered voters can petition for or against joining; the petition with more signatures wins. Counties appoint board members by population, and the district can operate parks but cannot use eminent domain. District property taxes for park establishment and maintenance are capped at $0.0167 per $100 of assessed value, collected through county tax bills, and deposited with the largest-population county. A county can withdraw only by a two-thirds legislative vote, effective January 1 at least one year after the vote.

Development boards get new removal rules

Beginning July 1, 2026, most economic development commission appointees serve at the appointing authority's pleasure while its leadership remains unchanged. This means the appointing city or town executive stays in office, or the appointing county executive body keeps all members. After that, removal requires good cause; commissions established under section 8 always require good cause. For boards under IC 36-7-14.5, the same continuity rule applies in counties without a consolidated city, followed by for-cause protection. Those boards retain their existing for-cause rule in counties with a consolidated city.

Health board terms reset and stagger

Beginning July 1, 2026, seven-member local health boards use four-year terms and staggered appointments. On nine-member boards, terms of members appointed before January 1, 2027, end December 31, 2026. Replacement terms initially last one to four years by member category; later terms last four years. County executive appointees serve at the executive's pleasure while all appointing executive-body members remain unchanged. Health board members can also be removed for specified absences or failure to perform required duties. Directors appointed under IC 16-23-1 likewise serve at their appointing board's pleasure while that board's membership remains unchanged.

New service rules for police boards

Beginning July 1, 2026, appointed public works and safety board members in second- and third-class cities serve at their appointing executive's pleasure while that executive holds office. This also covers separate public works or public safety boards in second-class cities. Town police boards must have three or five town residents, staggered terms, and appointments by the town legislative body. When qualified people are available, one party may hold at most two of three seats or three of five seats. Town police officers cannot serve; ordinances allowing town lawmakers to serve must set seat limits and address service after leaving office. Those lawmakers serve without board pay or bond, and members take an oath against politically motivated police appointments or removals; an authorized notary can administer it in reorganized subdivisions.

Park board protections follow leadership changes

Beginning July 1, 2026, park and recreation board members serve at the appointing authority's pleasure while the appointing official remains or the appointing body's membership stays unchanged. After neither condition holds, removal requires cause, written charges, and a public hearing with at least 10 days' notice. Members can present evidence and arguments and have a lawyer. Separately, covered park commissioners serve at their appointing executive's pleasure while that executive holds office; afterward, removal requires written charges and a hearing for inefficiency, neglect, or misconduct. Members appointed under IC 36-10-8-4 also gain for-cause protection once their appointing officeholder leaves or appointing board membership changes, as applicable.

Planning board removals gain court appeals

Beginning July 1, 2026, advisory and area planning and zoning appeals board appointees serve at the appointing authority's pleasure. This lasts while the appointing officeholder remains in office or the appointing body keeps every original member. Once neither condition holds, removal requires cause. Removed members have 30 days after receiving notice to appeal to the county circuit or superior court.

Public defenders gain coverage, boards face limits

Beginning July 1, 2026, public defenders join the 'covered person' category under IC 36-1-8.5. That chapter's definition includes full-time county defenders, the state public defender and deputies, and chief public defenders. Contract and hourly defenders qualify with a full-time-equivalent caseload certified by the Indiana Commission on Court-Appointed Attorneys. County executive appointees to county and multicounty public defender boards serve at the executive's pleasure while its membership remains unchanged. These provisions do not specify a payment amount or change who qualifies for a public defender.

Tourism board removal protections follow turnover

Beginning July 1, 2026, covered county convention, visitor, or tourism commission members serve at their appointing authority's pleasure. This lasts while the appointing official stays in office or the appointing body keeps the same members. Once neither condition holds, removal requires cause. The rule applies in counties that have levied the tax authorized by IC 6-9-18-3.

Sponsors & Cosponsors

Sponsor

  • Ethan Lawson

    Republican • House

Cosponsors

  • Alex Zimmerman

    Republican • House

  • Brett Clark

    Republican • Senate

  • Jennifer Meltzer

    Republican • House

  • Justin Moed

    Democratic • House

  • Mike Bohacek

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 228 • No: 1

House vote • 2/19/2026

House concurred with Senate amendments

Yes: 93 • No: 1

Senate vote • 2/17/2026

Third reading: passed

Yes: 45 • No: 0

House vote • 1/20/2026

Third reading: passed

Yes: 90 • No: 0

Actions Timeline

  1. Public Law 40

    2/26/2026House
  2. Signed by the Governor

    2/26/2026House
  3. Signed by the President of the Senate

    2/25/2026Senate
  4. Signed by the President Pro Tempore

    2/24/2026Senate
  5. Signed by the Speaker

    2/23/2026House
  6. House concurred with Senate amendments; Roll Call 297: yeas 93, nays 1

    2/19/2026House
  7. Returned to the House with amendments

    2/18/2026Senate
  8. Motion to concur filed

    2/18/2026House
  9. Third reading: passed; Roll Call 180: yeas 45, nays 0

    2/17/2026Senate
  10. Second reading: ordered engrossed

    2/16/2026Senate
  11. Committee report: amend do pass, adopted

    2/12/2026Senate
  12. Senator Bohacek added as second sponsor

    2/5/2026Senate
  13. First reading: referred to Committee on Local Government

    1/26/2026Senate
  14. Referred to the Senate

    1/21/2026House
  15. Senate sponsor: Senator Clark

    1/20/2026House
  16. Third reading: passed; Roll Call 58: yeas 90, nays 0

    1/20/2026House
  17. Second reading: ordered engrossed

    1/15/2026House
  18. Committee report: amend do pass, adopted

    1/13/2026House
  19. Representative Moed added as coauthor

    1/13/2026House
  20. Authored by Representative Lawson

    1/5/2026House
  21. Representative Meltzer added as coauthor

    1/5/2026House
  22. Coauthored by Representative Zimmerman

    1/5/2026House
  23. First reading: referred to Committee on Local Government

    1/5/2026House

Bill Text

  • Enrolled House Bill (H)

  • House Bill (H)

  • House Bill (S)

  • Introduced House Bill (H)

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