Introduced Version
HOUSE BILL No. 1158
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DIGEST OF INTRODUCED BILL
Citations Affected: IC 36-2-13-20.
Synopsis: County sheriff contracts. Establishes a process for a county
executive and a county attorney to review and advise on a contract
before it is executed by a county sheriff.
Effective: July 1, 2024.
Lehman
January 8, 2024, read first time and referred to Committee on Local Government.
2024 IN 1158—LS 6424/DI 137 Introduced
Second Regular Session of the 123rd General Assembly (2024)
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 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1158
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 36-2-13-20 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2024]: Sec. 20. (a) A county executive may pass an ordinance
4 providing that this section does not apply to the county sheriff.
5 (b) As used in this section, "operations contract" means a
6 contract that is entered into for the provision of goods or services
7 necessary for the daily operations of a county jail, including facility
8 maintenance, equipment purchases outside of budgetary limits, and
9 additional staffing.
10 (c) As used in this section, "public safety contract" means a
11 contract that is entered into for the provision of goods or services
12 necessary to improve or advance the security, inmate and officer
13 safety, inmate medical services, or technology of a county jail.
14 (d) Before a county sheriff may execute an operations contract
15 or a public safety contract, the county sheriff must submit the
16 operations contract or public safety contract to the county attorney
17 and county executive for review.
2024 IN 1158—LS 6424/DI 137 2
1 (e) The county executive and county attorney must:
2 (1) for an operations contract, review the contract not later
3 than thirty (30) days after the operations contract is
4 submitted by the county sheriff; and
5 (2) for a public safety contract, review the contract not later
6 than fourteen (14) days after the public safety contract is
7 submitted by the county sheriff.
8 If the county executive and county attorney do not take action on
9 a contract within the time period provided in this subsection, the
10 county sheriff may execute the contract with no further action.
11 (f) The county executive must discuss an operations contract or
12 a public safety contract in a public meeting. The county executive
13 may advise the county sheriff on a contract, but the county
14 executive does not have the authority to approve or deny the
15 contract.
16 (g) The county attorney must provide the county sheriff with a
17 written opinion on an operations contract or a public safety
18 contract that includes:
19 (1) the county's potential exposure to liability under the
20 contract; and
21 (2) whether the contract complies with state law.
2024 IN 1158—LS 6424/DI 137